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HomeMy WebLinkAbout2006-2939 - Ordinance - 11/20/2006 ORDINANCE NO. 2939 AN ORDINANCE AMENDING CHAPTER 13, "FLOOD HAZARD PROTECTION," SECTION 5, "SPECIAL PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART I: PART 2: PART 3: That Chapter 13, "Flood Hazard Protection," Section 5, "Special Provisions", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part ofthis ordinance for all purposes. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 ofthe Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 20th day of November, 2006. APPR~ /7 . B~/ // ITE, Mayor Pro Tern APPROVED: City Attorney EXHIBIT "A" That Chapter 13, "Flood Hazard Protection," Section 5 "Special Provisions" Subsection G, "Special Provisions for Floodways," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding (d) to paragraph (2) to read as follows: (d) Proposed street and public utility encroachments shall be exempt from the requirement of a variance provided that the proposal is accompanied by a complete engineering report fully demonstrating that the encroachments shall not result in any increase in water surface elevation or flood hazard upstream, within, or downstream of the encroachment location. The engineering report shall conform to the requirements of the Drainage Policy and Design Standards and shall bear the dated seai and signature of a registered professional engineer;