04/19/2010-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL
MONDAY, APRIL 19, 2010
7900 PM
502 ELM STREET
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
2. Citizens Input:
Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up
during this section.
3. a) Approval of Minutes: April 5, 2010 -Special Called Joint Meeting City Council and Park Board
April 5, 2010 - Council Meeting
b) Disbursements
4. Consider any Items Removed from Consent Agenda.
REGULAR AGENDA
5. Discussion and Possible Action on Directing Staff to Make Changes in the Flood Plain Ordinance.
6. Information Items:
a) Denton Central Appraisal District Newsletter
7. Adjournment.
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin
board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the
generals public at all times, and said notice was posted on the
% ;. , /' , , / at 2! A.m. and shall re
adjourr4 d.or
da 'Art '!
Tami Taber, City Secretary e
City of Sanger, Texas = \
/J''' • . ems```` ,
X P%
following date and time:
Hain posted until meetings
i
This facility is wheelchair accessible ,i0Mi'b% parlung spaces are available. Requests for accommodations
or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at
(940) 458-7930 for further information.
MINUTES: CITY COUNCIL SPECIAL CALLED JOINT MEETING
April 5, 2010
PRESENT: Mayor Higgs, Councilman Thomas Muir, Councilman Russell Martin,
Councilman Rusty Patton, Councilman Glenn Ervin and Councilman
Andy Garza
OTHERS
PRESENT: Mike Brice City Manager, Tami Taber City Secretary, John Schubert Parks
and Recreation Superintendent, Robert Burrows, Christopher Turner and
Danny Cockrell
PARK
BOARD
PRESENT: Cora Harner, Bob Koger, Carrie Bilyeu, Allen Chick, Mary Wise, Scott Harp
and Paul Edelman
1. Call Meeting to Order.
Mayor Higgs called the meeting to order.
2. Discuss and Consider Approval of a Contract With Home Theater Help for Marketing of
Advertisement Signs and Banners at the Railroad Ball Park.
Robert Burrows gave a brief presentation on advertising at the ball fields at an affordable
cost. A 3x6 outdoor vinyl banner would cost from $175 and the City will receive 75% of the
proceeds of each sign. Mr. Burrows has made concession stand signs at no cost to the City.
He already has nine businesses interested and the advertising business will get to keep the
banner at the end of the season.
Bob Koger made a motion to approve the sign advertising agreement. Seconded by Carrie
Bnyeau. Motion carried unanimously.
Councilman Muir made a motion to approve as presented with the changes discussed;
baseball fields to RailRoad ball fields and Little League to Youth Recreation. Seconded by
Councilman Ervin. Motion carried unanimously.
3. Adjournment.
Mayor Higgs adjourned the meeting.
MINUTES: CITY COUNCIL MEETING
April 5, 2010
PRESENT: Mayor Higgs, Councilman Thomas Muir, Councilman Russell Martin,
Councilman Rusty Patton, Councilman Glenn Ervin and Councilman Andy
Garza
OTHERS
PRESENT: Mike Brice City Manager, Tami Taber City Secretary and Christopher
Turner
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor Higgs called the meeting to order, Councilman Muir led the Invocation
followed by Councilman Patton leading the Pledge of Allegiance.
2. Citizens Input:
Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any
issues brought up during this section.
Danny Cockrell, 1002 Hunters Court, was recognized. He noted his concerns
regarding limb pick up and how long it takes the City to come get them. He said he
spoke with Joe Iliff and that Joe discussed street safety instead and felt Joe was
rude.
CONSENT AGENDA
3. a) Approval of Minutes: March 15, 2010 -Work Session
March 15, 2010 -Council Meeting
b) Disbursements
c) Approval to Solicit Requests for Proposals on the Porter Sports Complex
Construction and Keaton Road Extension Construction Manager at Risk
Councilman Martin asked why we are proposing doing it this way versus turnkey.
City Manager replied that there are two advantages of a Manager at Risk; they
cannot exceed a set price, the City brings them on early and the City is allowed input
in the design process.
.Motion was made by Councilman Ervin to approve the Consent Agenda. Motion
was seconded by Councilman Martin. Motion carried unanimously.
4. Consider any Items Removed from Consent Agenda.
REGULAR AGENDA
5. Consider Approval of Ordinance 1104-07-10 Declaring Unopposed Candidates for
Mayor and Council Members Elected to Office; Requiring Issuance of a Certificate
of Election to Each Candidate.
City Manager advised that Certiiicates of Election will be issued at May 17t" City
Council Meeting.
Motion made by Councilman Ervin to approve and was seconded by Councilman
Martin. Motion carried unanimously.
Caption as follows:
ORDINANCE 04-07-10
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, DECLARING
UNOPPOSED CANDIDATES FOR MAYOR AND COUNCIL MEMBERS
ELECTED TO OFFICE; REQUIRING ISSUANCE OF A CERTIFICATE OF
ELECTION TO EACH CANDIDATE; AND PROVIDING AN EFFECTIVE DATE.
6. Consider Approval of the 4A Economic Development Board's Actions Regarding the
Lease of 103 Bolivar, Financing of Finish Out for the Building and Payment of
Commission to Elk River Real Estate for Marketing and Brokering of the Lease.
City Manager advised that this would be a six year lease with C & M Steel. They
have 27 employees to start out with and will be leasing from the 4A Board, The 4A
Board has opted to use funds in the bank and not take on any new debt. They will
provide invoices and the City has final approval to all plans.
The commission rate is 4% of the gross lease price.
Motion was made by Councilman Patton to approve. Seconded by Councilman
Muir. Voted for: Councilman Muir, Councilman Martin, Councilman Patton,
Councilman Ervin. Voted against: Councilman Garza.
7. Consider Approval on Agreement With Emergicon, LLC, for EMS Billing: Services
and Authorize City Manager to Execute the Agreement.
Christopher Turner with Emergicon gave a brief presentation and advised that this
is a ninety day process to get started. A termination letter has been sent to
Intermedix. Emergicon will go back eighteen months to review what Intermedix had
done to possibly recover more.
This will be a three year contract and the City can terminate at any time with 30
days notice. Krum and Lake Cities are also switching to Emergicon. The rate will
be 8% of collections and 18% to recover what Intermedix didn't collect.
Motion was made by Councilman Martin to approve. Seconded by Councilman
Ervin. Motion carried unanimously.
8. Consider Approval to Solicit Requests for Qualifications for Audit Services for FY
2010/20110
City Manager advised that incorrect material was provided by the current auditors,
they were non -communicative and didn't provide the final audit paperwork until the
afternoon of the City Council Meeting.
Motion was made by Councilman Patton to approve. Seconded by Councilman
Ervin. Motion carried unanimously.
9. Consider Approval of Ordinance #04-08-10 -Regulating Oil and Gas Wells.
City Manager reminded the Council that this was discussed in the last Work Session
and the ordinance verbiage is now revised as the Council requested to include the
Extra Territorial Jurisdiction (ETJ) and maintenance provisions.
Councilman Andy Garza noted he did not want to see what happened to people in
Wise County.
Motion was made by Councilman Ervin to approve. Motion was seconded by
Councilman Garza. Motion carried unanimously.
Caption as Follows:
ORDINANCE 04-08-10
AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS,
REGULATING OIL AND GAS WELLS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
10. Information Items:
a) ATMOS Energy Statement of Rider GCR
b) ATMOS Energy 2010 Rate Review Mechanism Filing
c) Thank you Letter From Mayor of Spoleto, Italy
11. Adjournment.
Mayor Higgs adjourned the meeting.
4/O1/2010
4:36 PM
PACKET:
03084
Direct PayablesCM
VENDOR SET:
99
AP VENDOR SET
BANK:
POOL
POOLED CASH ACCOUNT
VENDOR I.D.
NAME
06300
POSTMASTER
I-201004012818
UT BILLS
DIRECT PAYABLES CHECK REGISTER
PAGE: 1
CHECK
CHECK
CHECK
CHECK
TYPE
DATE
DISCOUNT AMOUNT NO#
AMOUNT
R 4/01/2010
425.00 042334 425.00
* B A N K T O T A L S **
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
REGULAR CHECKS:
1
0.00
425.00
425.00
HANDWRITTEN CHECKS:
0
0.00
0.00
0.00
PRE -WRITE CHECKS:
0
0.00
0.00
0.00
DRAFTS:
0
0.00
0.00
0.00
VOID CHECKS:
0
0.00
0.00
0.00
NON CHECKS:
0
0.00
0.00
0.00
CORRECTIONS:
0
0.00
0.00
0.00
BANK TOTALS: 1 0.00 425.00 425.00
4/06/2010 4:39 PM
PACKET: 03089 Regular Paymentscm
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
A / P CHECK REGISTER
VENDOR NAME / I.D. DESC
01550 ATMOS
1-201003312810 FEB 2010
00800 COSERV ELECTRIC
I-201003312814 1/18 - 2/16
07630 JOSH GREEN
I-201003312817 55TH ANNUAL TX ELECT
01540 CANDACE MURPHREE
I-201003312815 REIMB FOR TUTT RIBBONS
11020 PURCHASE POWER
I-201003312816 POSTAGE
TOTAL ERRORS: 0
* T O T A L S
REGULAR CHECKS:
HANDWRITTEN CHECKS:
PRE -WRITE CHECKS:
DRAFTS:
VOID CHECKS:
NON CHECKS:
CORRECTIONS:
REGISTER TOTALS:
TOTAL WARNINGS: 0
CHECK CHECK
TYPE DATE
R 4/06/2010
R 4/06/2010
R 4/06/2010
R 4/06/2010
R 4/06/2010
NO#
DISCOUNTS
5
0.00
0
0.00
0
0.00
0
0.00
0
0.00
0
0.00
0
0.00
CHECK
CHECK
DISCOUNT AMOUNT
NO#
AMOUNT
331.95CR
042337
331.95
11371.15CR
042338
11371olS
58.34CR
042339
58.34
35.43CR
042340
35.43
55.09CR
042341
55.09
CHECK AMT
1,851,96
0.00
0.00
0.00
0.00
0.00
0.00
1,851.96
TOTAL APPLIED
1,851.96
0.00
0.00
0.00
0.00
0.00
0.00
1,851.96
4/07/2010 4:56 PM A /
P CHECK
REGISTER
PAGE: 1
PACKET:
03099 Regular Payments
VENDOR
SET: 99
BANK
POOL POOLED CASH ACCOUNT
CHECK
CHECK
CHECK
CHECK
VENDOR
NAME / I.D. DESC
TYPE
DATE
DISCOUNT
AMOUNT
NO#
AMOUNT
09600
AFLAC
I-AFK201003112776 INSURANCE
R
4/07/2010
85907CR
042481
I-AFK201003262800 INSURANCE
R
4/07/2010
85614CR
042481
I-AFL201003112776 INSURANCE
R
4/07/2010
830.92CR
042481
I-AFL201003262800 INSURANCE
R
4/07/2010
830.92CR
042481
1,832.05
1
CHRIS CASEY
I-201003312813 CHRIS CASEY CC 3/2
R
4/07/2010
100.00CR
042482
100000
00590
CITY OF DENTON
I-201004072824 BACTERIOLOGICAL TESTS
R
4/07/2010
778,01CR
042483
778.01
20710
CHERYL HAZELWOOD-ESTES
I-568 MARCH 2O10
R
4/07/2010
5,419.71CR
042484
5/419071
.
18790
FUELMAN
I-NP23620840 FUEL 2/22 - 2/28
R
4/07/2010
21022.36CR
042485
I-NP23829476 FUEL 3/1 - 3/7
R
4/07/2010
1,595.72CR
042485
I-NP23984619 FUEL 3/15 - 3/21
R
4/07/2010
11928.66CR
042485
5,546.74
1
HEATHER THRASHER
I-201004052822 HEATHER THRAS
R
4/07/2010
100.00CR
042486
100600
MELISSA STOGSDILL
I-201003312811 STOGSDILL CC
R
4/07/2010
100.00CR
042487
100000
11170
RICOH AMERICAS CORP:QDS
I-15513188 COPIER
R
4/07/2010
227.71CR
042488
I-201004072825 COPIER
R
4/07/2010
462,01CR
042488
I-201004072826 COPIER
R
4/07/2010
455.42CR
042488
1,145.14
17400
PRECIOUS STAFFORD
I-32610 MARCH 10 2010
R
4/07/2010
29loOOCR
042489
291,00
16400
UTA / BUILDING PROFESSIONAL INSTITUTE
I-201004052821 18TH BUILDING PROF INSTIT
R
4/07/2010
450o00CR
042490
450,00
* * T 0 T A L S * *
NO#
DISCOUNTS
CHECK AMT
TOTAL
APPLIED
REGULAR CHECKS:
10
0,00
15,762.65
15,762*65
HANDWRITTEN CHECKS:
0
0,00
0,00
0400
PRE -WRITE CHECKS:
0
0,00
0,00
0.00
DRAFTS:
0
0,00
0900
0000
VOID CHECKS:
0
0.00
0000
0400
NON CHECKS:
0
0000
0.00
0.00
CORRECTIONS:
0
0000
0600
0,00
REGISTER TOTALS:
10
0600
15,762.65
15,762,65
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
4/13/2010 10:23 AM
A / P CHECK
REGISTER
PACKET:
03109 Regular Payments
VENDOR
SET: 99
BANK
POOL POOLED
CASH ACCOUNT
CHECK
CHECK
VENDOR
NAME / I.D.
DESC
TYPE
DATE
13080
BLUE CROSS BLUE SHIELD
I-201004072831
CITY PORTION OF APRIL INVOICE
R 4/13/2010
I-INS201003112776
HEALTH INSURANCE
R 4/13/2010
I-INS201003262800
HEALTH INSURANCE
R 4/13/2010
18650
FORT DEARBORN LIFE
INSURANCE
7-201004072828
EMPLOYEE LIFE INSURANCE
R 4/13/2010
10610
LEADERSLIFE INS. COMPANY
I-LL1201003112776
LIFE INSURANCE
R 4/13/2010
I-LLI201003262800
LIFE INSURANCE
R 4/13/2010
06770
SUN LIFE FINANCIAL
I-201004072827
EMPLOYEE DENTAL COVERAGE
R 4/13/2010
I -GE 201003112776
DENTAL PLAN
R 4/13/2010
I -GE 201003262800
DENTAL PLAN
R 4/13/2010
* T O T A L S
REGULAR CHECKS:
HANDWRITTEN CHECKS:
PRE -WRITE CHECKS:
DRAFTS:
VOID CHECKS:
NON CHECKS:
CORRECTIONS:
REGISTER TOTALS:
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
PAGE: 1
CHECK CHECK
DISCOUNT AMOUNT NO# AMOUNT
24,630.75CR 042552
2,625.000R 042552
2,625.00CR 042552 29,880.75
179.94CR 042553 174.99
60.69CR
092554
60.68CR
042554
121.32
1,330.65CR
042555
530.20CR
042555
530.20CR
042555
2,391.05
NO#
DISCOUNTS
CHECK AMT
TOTP.L APPLIED
4
0.00
32,568.06
32,568.06
0
0.00
0.00
0.00
0
0.00
0.00
0.00
0
0.00
0.00
0.00
0
0.00
0.00
0.00
0
0.00
0.00
0.00
0
0.00
0.00
0.00
9 0.00 32,568.06 32,568.06
Rgetc
�xEns
COUNCIL AGENDA ITEM
AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance
❑ workshop ❑ Executive ❑ Public Hearing Reviewed by Legal
❑ Yes
❑ Not Applicable
❑ Yes
El Not Applicable
Council Meeting Date: April 19, 2010 Submitted By: Mike Brice
City Manager Reviewed/Approval Initials Date
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ REAPPOINTMENTS
AGENDA CAPTION
Discussion of Possible Action on Directing Staff to Make Changes in the Flood Plain Ordinance.
FINANCIAL SUMMARY
NN/A ❑GRANT FUNDS [:]OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED
FISCAL YEAR:
PRIOR
YEAR
CURRENT
YEAR
FUTURE
YEAR(S)
TOTALS
Proposed Expenditure Amount
Encumbered Amount
BALANCE
FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $
BACKGROUND/SUMMARY OF ITEM
See Council Workshop Item
STAFF OPTIONS & RECOMMENDATION
List of Supporting Documents/Exhibits Attached:
• Ordinance #05-15-07 Flood Plain
Prior Action/Review by Council, Boards, Commissions or Other
Agencies:
• None
CITY SECRETARY.
OR1CJINIAL Copy
ORDINANCE 0545-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS, AMENDING ARTICLE 3.900 FLOODPLAIN MANAGEMENT
REGULATIONS IF IT CONFORMS TO THE FOLLOWING REQUIREMENTS:
IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS
HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS:
Section 1. That Chapter 3, Article 3.09 "FLOODPLAIN MANAGEMENT
REGULATIONS" in the Code of Ordinances of the City of Sanger, Texas, Is Hereby
Amended, which said article shall read as follows:
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of TEXAS has in statutes delegated
the responsibility of local governmental units to adopt regulations designed to minimize flood
losses.
Therefore, the CITY COUNCIL of SANGER. TEXAS, does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of SANGER are subject to periodic inundation which results
in loss of life and property, health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
(2) These flood loses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood hazards
areas by uses vulnerable to floods and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood damage.
* VERNON'S TEXAS STATUTES WATER CODE 16315
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditine of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business intenuptions;
(5) Minirni�e damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the Sound use and development of
flood -prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of
flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase flood
damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
ARTICLE 2
DEFINITI ONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to
give them the meaning they have in common usage and to give this ordinance its most reasonable
application.
ALLUVIAL FAN FLOODING -means flooding occurring on the surface of an alluvial fan or
similar landform which originates at the apex and is characterized by high -velocity flows; active
processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow path of the
major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual
chance of flooding to an average depth of one to three feet where a clearly defined channel does
not exist, where the path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking
has been completed in preparation for publication of the FIRM, Zone A usually is refined into
Zones A, AE, AK AO, A1-99, VO, V1-30, VE or V.
BASE FLOOD -means the flood having a one percent chance of being equaled or exceeded in
Lay given year.
BASEMENT -means any area of the building having its floor subgrade (below ground level) on
all sides.
CRITICAL FEATURE means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT -means any man-made change in improved and unimproved real estate,
including but not limited to buildings or ocher structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
ELEVAT-BU EDILDING - means a nonbasemerit building (1) built, in the case of.a building in
Zones A1-30, AE, A, A9% AO, AH, B. C, X, and D, to have the top of the elevated floor, or in
the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level by means of pilings,
columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately
anchored so as not to impair the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones A1-30, AE, A. A99, AO, AH, B, C, X, and D.
"elevated building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In
the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise
meeting the definition of "elevated building," even though the lower area is enclosed by means of
breakaway walls if the breakaway walls met the standards of Section 60.3(e) (5) of the National
Flood Insurance Program regulations.
EXISTING CONSTRUCTION -means for the purposes of determining rates, struchues for
which the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRM's effective before that date. "Existing construction" may also be
referred to as "existing structures."
EXISTING I��,�NUFACTCJRED HOME PARK OR SUBDIVISION - means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by a
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -
means the preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads)
FLOOD OR FLOODING - means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(Z) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the base
flood, as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD -PRONE AREA -means any land area susceptible to being
inundated by water from any source (see definition of flooding)
FLOODPLAIN MANAGEMENT -means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have
been authorized, appropriated and expended and which have been constructed specifically to
modify flooding in order to reduce the extent of the areas within a community subject to a
"special flood hazard" and the extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood
modifying works are those constructed in confonnance with sound engineering standards.
FLOOD PROOFING -means any combination of structrual and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY (REGULATORY FLOODWAY) -means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
HIGHEST ADJACENT GRADE -means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE -means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
(c) Individually listed, on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(d) Individually listed on a local inventory or historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior or;
(2} Directly by the Secretary of the Interior in states without approved programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed
in accordance with sound engineering practices to contain, control, or divert the flow of water so
as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated in
accordance with sound engineering practices.
LOWEST FLOOR -means the lowest floor of the lowest enclosed area (including basement) . An
unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor; provided
that such enclosure is not built so as to render the structure in violation of the applicable non -
elevation design requirement of Section 60.3 of the National Flood insurance Program
regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL -means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION -means, for the purpose of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projections; (iii) designed to be self-
propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
START OF CONSTRUCTION - (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and
means the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE -means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT -means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before "start of construction" of the improvement. This includes structures which
have incurred "substantial damage", regardless of the actual repair work performed. The term
does not, however, include either: (1) Any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum necessary
conditions or (2) Any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
VARIANCE - is a grant of relief to a person from the requirement of this ordinance when specific
enforcement would result in unnecessary hardship. A variance, therefore, permits construction or
development in a manner otherwise prohibited by this ordinance. (For full requirements see
Section 60.6 of the National Flood Insurance Program regulations.)
VIOLATION -means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b) (5), (c) (4), (c) (10) , (d) (3) , (e) (2) , (e) (4) , or (e) (5) is presumed to be in violation
until such time as that documentation is provided.
WATER SURFACE ELEVATION -means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with the jurisdiction of SANGER,
TEXAS (community).
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled, "The Flood Insurance Study for DENTON COUNTY
TEXAS ," dated April 2, 1997 with accompanying Flood Insurance Rate Maps and Flood
Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by
reference and � declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions of this
ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be; (1) considered as
minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed
neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations, On rare occasions greater
floods can and will occur and flood heights may be increased by man-made or natural causes.
This ordinance does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This ordinance shall not
create liability on the part of the community or any official or employee thereof for any flood
damages that result from reliance on this ordinance or any administrative decision lawfully made
thereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Manager or their designee will hereby be appointed as the Floodplain Administrator
to administer and implement the provisions of this ordinance and other appropriate sections of 44
CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.
SECTION B. DUTIES &RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited tothe
following: ,
(1) Maintain and hold open for public inspection all records pertaining to the provisions
of this ordinance.
(2) Review permit applications to deteiuune whether proposed building site, including
the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny ail applications for development permits required by
adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary permits have
been obtained from those Federal, State or local governmental agencies (including Section 404 of
the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior
approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas
of special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions) the Floodplain Administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating
Agency which is Denton Count_ prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Article 3,
Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base
flood elevation data and floodway data available from a Federal, State or other source, in order to
administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain Administrator
must require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones AI-313 and AE on the community's FIRM, unless
it is demonstrated that the cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase the water surface elevation of the
base flood more than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development in Zones AI-30,
AE, AH, on the community's FIRM which increases the water surface elevation of the base flood
by more than one foot, provided that the community first applies for a conditional FIRM revision
through FEMA.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, including the placement of manufactured homes,
and the location of the foregoing in relation to areas of special flood hazard. Additionally, the
fMowing information is required:
a. Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential structure
shall be floodproofed;
c. A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Article D. Section
B (2);
d. Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
e. Maintain a record of all such information in accordance with Article 4, Section
(B) (1)
(2) Approval or denial of a Development Permit by the Floodplain Administrator shall
be based on all of the provisions of this ordinance and the following relevant factors:
a. The danger to life and properly due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
c. The danger that materials maybe swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated
development;
e. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
f. The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and facilities such as
sewer, gas, electrical and water systems;
g. The expected heights, velocity, duration, rate of rise and sedunent transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
h. The necessity to the facility of a waterfiont location, where applicable;
1. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan for that area.
SECTION D. VARIANCE PROCEDURES
(1) The appeal Board as established by the community shall hear and render judgment
on requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgment on an appeal only when it is
alleged there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may appeal
such decision in the courts of competent jurisdiction.
(4) The Floodplain Adznizustrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the remainder of this ordinance.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the relevant factors in Section C(2) of
this Article have been fully considered. As the lot size increases beyond the one-half acre, the
technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
Appeal Board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance (Article 1, Section C)
(8) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon, (1) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (iii) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
c. Any application to which a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally dependent
use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the
structure or other development is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new construction
and substantial improvements.
(l) All new construction or substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods
d practices that minimi
anze flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials resistant to flood damage,
(4) All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
Facilities that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(5) All new and replacement water supply systems shall be designed to minimise or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimise or
eliminate infiltration of flood waters into the system and discharge fiom the systems into flood
waters; and,
(7) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided as set forth
in (i) Article 3, Section B, (ii) Article 4, Section MO), or km) Article 5, Section C(3), the
following provisions are required:
(1) Residential Construction new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated 2 feet (2) or above
the base flood elevation. A registered professional engineer, architect, or land surveyor shall
submit a certification to the Floodplain Administrator that the standard of this subsection as
proposed in Article 4, Section C (1) a., is satisfied.
(2) Nonresidential Construction - new construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated 2 feet (29 or above the base flood level or together with attendant
utility and sanitary facilities, be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall develop and/or review structural
design, specifications, and plans for the construction, and shall certify that the design and
methods of construction are in accordance with accepted standards of practice as outlined in this
subsection. A record of such certification which includes the specific elevation (in relation to
mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain
Administrator.
(3) Enclosures -new construction and substantial unprovements, with fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be
provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed within Zone A on a community's
FHBM or FIRM shall be installed using methods and practices which mmize flood damage.
For the purposes of this requirement, manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not
limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces.
b. Require that manufactured homes that are placed or substantially improved within
Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home
park or subdivision, (ii) in a new manufactured home park or subdivision, (m) in an expansion to
m existing manufactured home park or subdivision, or (iv) in an existing manufactured home
park or subdivision on which a manufactured home has incurred "substantial damage" as a result
of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated to or above the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially improved on sites in an
existing manufactured home park or subdivision with Zones A1-30, AH and AE on the
community's FIRM that are not subject to the provisions of paragraph (4) of this section be
elevated so that either:
(i) the lowest floor of the manufactured home is two foot (2') or above the base
flood elevation, or
(ii) the manufactured home CISSIS is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
(5) Recreational Vehicles - Requue that recreational vehicles placed on sites within
Zones Al-31), AH, and AE on the community's FIRM either (i) be on the site for fewer than 180
consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the pen -nit
requirements of Article 4, Section C(1) , and the elevation and anchoring requirements for
"manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit requirements of
Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and subdivisions
which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to
Article 3, Section B or Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimise or eliminate flood damage.
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the areas of special flood hazard established in Article 3, Section B, are areas
designateA as shallow flooding. These areas have special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures have the
lowest floor (including basement) elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the community's FIRM (at least two feet if no depth number is
specified)
(2) All new construction and substantial improvements of non-residential structures;
(i) have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the community's
FIRM (at least two feet if no depth number is specified), or;
(ii) together with attendant utility and sanitary facties be designed so that below
the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads of effects of
buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C
(1)a., are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on
slopes, to guide flood waters around and away from proposed structures.
SECTION E. FLOODWAYS
F000dways -located within areas of special flood hazard established in Article 3, Section B, are
areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in flood
levels within the community during the occurrence of the base flood discharge.
(2) If Article 5, Section E (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations, provided that the community
first applies for a conditional FIRM and floodway revision through FEMA.
(4) Floodway easements shall be provided along natural drainage -ways and lakes
reservations. Floodway easements shall encompass all areas beneath the water surface elevation
of the base flood, plus such additional width as may be required to provide ingress and egress to
allow maintenance of the banks and for the protection of adjacent property, as determined and
required the Floodplain Administrator.
P) The following statement of restrictions shall be placed in the dedication instrument
of the subdivision plat:
F000dwav Easement Restriction: No construction shall be allowed within a floodwav
easement without the approval of the City of Sanger and then only after detailed
engineering plans and studies show that no flooding will result
SECTION F. FLOODPLAIN DEVELOPMENT
Any land which in the natural state is subiect to a 100-year flood or which cannot be
properly drained shall not be subdivided, re -subdivided, or developed until receipt of
evidence that the construction of specific improvements proposed by the developer can be
accented to yield a usable building site(s). Thereafter, the Planning and Zoning Commission
may recommend approval of the plat However, construction upon such land shall be
prohibited until the specific improvements have been planned and construction completed
(1) The following statement of restrictions shall be placed in the dedication instnunent of
the subdivision plat:
Floodplain Restriction: No construction or filling, without. the approval of the Citv of
Sanger shall be allowed within the floodplain area, and then only after detailed engineering
plans and studies show that no flooding will result, that no obstruction to the natural flow of
water will result and subject to all owners of the property affected by such construction
becoming party to the request. Where construction is permitted, all finished floor elevations
shall be a minimum of two feet above base flood elevation,
Section 2. All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 3. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are
severable and, if any word, phrase, clause, sentence, paragraph, or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
portions of this Ordinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional word, phrase,
clause, sentence, paragraph, or section.
Section 4. Any person, firm, or corporation who shall violate any of the
provisions of this article shall be guilty of a misdemeanor and upon conviction shall be
fined in accordance with the general penalty provision found in Section 1.109 of this
Code.
Section 5. This ordinance will take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED, AND ADOPTED, this the 7th day of May, 2007
by the City Council of the City of Sanger, Denton County, Texas.
APPROVED:
e Hig :a
ATTST:
/1 ntlz
Rosalie Chavez, City
D ENTON CENTRAL APPRAISAL L ISTRICT
3911 MORSE STREET, P O Box 2816
DENTON,TExAs 76202-2816
NEWSLETTER
04/09/10
Denton CAD's appraisal notices will be mailed on May 05, 2010. Denton
County taxpayers will have 30 days to initially protest their values. The
Appraisal Review Board hearings will be conducted from May loth to July 16th
and at least 95% of the appraisal roll will be approved on July 16, 2010.
Certified Totals will be available to the taxing entities by July 23, 2010. The
Under ARB Review totals will be assigned the lowest value until that value is
settled upon. The final value will usually be a value somewhere between the
taxpayer's estimate and the appraisal district's estimate of value.
The 2010 Appraisal Roll will, in most cases, be lower this year due to the
poor economy. We expect residential properties to be flat at best with
possibly a 3 to 4 percent loss in overall value. Multifamily properties could be
down as much as 10 percent. Along with Oil & Gas/ Mineral values predicted
12 to 15 percent lower than last year.
Commercial, industrial and business personal property (inventories, furniture
& fixtures, etc.) could be down 25 to 35 percent due to suffering rent loss on
commercial buildings, reduced inventories on existing businesses, high risk or
capitalization rates (which lower income property), and far less new
construction to add to the appraisal roll to offset the loss in existing value.
PHONE: (940) 349-3800 METRO: (972) 434-2602 FAX: (940) 349-3801