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HomeMy WebLinkAbout1987-1699 - Ordinance - 03/12/1987ORDINANCE NO. 1699 AN ORDINANCE AMENDING AND SUPERCEDING ORDINANCE NO. 1301, AND ALL OTHER ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING ALL OF THE REVISIONS REQUIRED BY THE FEDERAL INSURANCE ADMINISTRATION FOR CONTINUED PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS the Cxty Council of the City of College Station recognizes that the flood hazard areas of College Station are subject to periodic inundation which could lead to 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 welfarel and WHEREAS, these flood losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other areas because they are inadequately elevated, floodproofed, or otherwise protected from flood damage; and WHEREAS, the City Council has determined that the following necessary for the public health, safety and general welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS; I. THAT CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS IS HEREBY AMENDED TO READ AS FOLLOWS: SECTION 1. PURPOSE, OBJECTIVE, AND DEFINITIONS I.A. PURPOSE It is the purpose of thxs chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in speclfmc areas by provxsions designed: To protect human life and health; To minimize expendxture of publxc money for costly flood control projects; To minimize the need for rescue and relief efforts associated wxth flooding and generally undertaken at expense of the general public; the To minimize prolonged bus,ness interruptxons; To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located ~n flood plsins; i 004964 To help maintain a stable tax base by providing for sound use and development of flood-prone areas in such a manner as to minimize the flood blight areas; and, To xnsure that potential buyers are notifxed that property is in a flood area. 1.B. OBJECTIVES In order to accomplish its purpose, this chapter uses the following methods: Restrict or prohibit uses that are dangerous to health, safety or property in tl~es of flood, or cause excessive increases in flood heights or velocities; Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; Control filling, grading, dredging and other development which may increase flood damage; Prevent or regulate the construction of flood barriers which will uonaturally divert flood waters or which may increese flood hazards to other lands. 1.C. DEFINITIONS Unless specifxcally defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Appeal means a request for a review of the City Engineer's interpretation of any provisions of this ordinance or a request for a variance. Area of Shallow Flooding - means a designated AO Zone within the area of specific flood hazard on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of Special Flood Hazard - ia the land in the flood plain within a community subject to a one percent or greater change of flooding in any given year, also known commonly aa "100 Year Flood Plain*'. the 2 004965 Base Flood - means the flood having a one percent chance of being equaled or exceeded in any given year. Critical Feature - mean8 an integral and readily identifiable part of a flood protection system, wxthout which flood protection provided by the entire system would be compromised. the Development means any man-made change to improved or unimproved real estate, including but not limited to, buIld,age or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Elevated Building - means a non-basement building (x) built, in the case of building in Zones Al-30, AS, A, A99, AS, AH, B, C, X and D, to have the top of the elevated floor, or in the case of a build~ng in Zones Vl-30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the buxlding durzng a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AS, 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 w~th openings sufficient to faczlitate the unimpeded movement of flood waters. Ex~st~ng Construction - means structures for which the "start of construction" commenced before the effective date of the FIRM. "ExiatAng construction" may also be referred to as "existing structures". Flood or Flooding - means e general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) 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 (FEMA) has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study - if the official report provided by the FEMA. The report contains flood profiles, the water surface elevation of the base flood, as well as the Floodway Map. 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 aress within a community subject to "special flood hazard" and the extent of the 3 004966 depths of associated flooding. Such systems typically include hurricane tidal harriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Floodway - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to d~scharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Highest Adjacent arade - means the h~ghest natural elevation of the ground surface prior to constructton next to the proposed walls of e structure. 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 water so as to provide protection from temporary flooding. of Levee System - means a flood protection system which consists of a levee, or levees, and associated structures, as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. such Lowest Floor - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a buildlng's lowest floor, provided that such enclosure is not built so as to render the structure ~n violation of the applicable non-elevation design requirements of thms ordinance. Mean Sea Level - means the average hexght of the sea for all stages of the tide. Manufactured home - means a structure, transportable in one or more aectxons, which is built on a permanent chassis and xs designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also xncludes park trailers, travel trailers and other similar vehicles placed on a sxte for greater than 180 consecutive days. For xnsurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 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. New Construction - means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. 4 004967 Start of Construction - includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other xmprovement ~as ~ithin 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the Installation of p~lea, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured hone 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 the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling unit or not part of tile main structure. Structure - means a walled and roofed building that przncipally above ground, as well as a manufactured home. Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market vslue of the structure either, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of thxs definttton "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The terms does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the Hational Register of Historic Places or a State Inventory of Historic Places. Variance is a grant of relief of a person from the requrrements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. 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 by th~s chapter is presumed to be in violation until such time as that documentation is provided. Water Surface 81evation the National Geodetic Vertical datum if specified), of floods frequencies in the floodplains means the height, in relation to Datum (NGVD) of 1929 (or other of various magnttudes and 5 004968 SECTION 2. GENERAL PROVISIONS 2.A. LANDS TO WHICH THIS CHAPTER APPLIES This chapter shall apply to all areas of special flood hazard (lO0 year flood plain), within the city limits of College Station. 2.B. BASIS FOR ESTABLISHING THR ARRAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific end engineering report entitled "The Flood Insurance Study for the City of College Station," dated January 2, 1981, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary - Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this chapter. Same are to be officially maintained in the custody of the City Engineer. 2.C. ESTABLISHMENT OF DEVELOPMRNT PERMIT A Development Permit shall be required prior to development (as defined in Section I.C) to ensure conformance with the provisions of the chapter as provided in Section 3.C. 2.D. COMPLIANCE No structure or land shall hereafter be located , altered, or have its use changed without full compliance with the terms this chapter other applicable regulations. of 2.g. ABROGATION AND GREATER RESTRICTIONS This chapter is not Intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 2.F. INTERPRETATION In the interpretation and application of this chapter, 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 statues. 2.G, WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this chapter 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 chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or 004969 flood damages. This chapter shall not create liability on the part of the City of College Station or any officer or employee thereof for any flood damages that result from reliance on this or any administrative decision lawfully made thereunder. SECTION 3. ADMINISTRATION 3.A. DESIGNATION OF THE CITY ENGINEER The City Engineer is hereby appointed to administer and Implement the provisions of this chapter. 3.B. DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER Duties and responsibilities of the City Engineer shall include, but not be limited to: Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. Review, approve or deny all applications for development permits required by Section 2.C of this ordinance; Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; 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 City Engineer shall make the necessary Interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 5. This provision applies only to disputed circumstances and the initial responsibility for locating such boundaries shall be that of the Engineer working for the applicant. The Cxty Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available fro~ a Federal, State, or other source, as criteria for requirxng that new construction, substantial improvements, or other development in Zone A be made ~n accordance with the provisions ~n Section 6. The City Engzneer shall notify adjacent communities and the Texas Water Commission prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; The City Engineer shall assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity ~s not diminished. 004970 When base flood elevation data has not been provided ~n accordance with Section 2.B, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source, in order to administer the provision of Section 4. SECTION 4. PERMIT PROCEDURES 4.A. APPLICATION An application for a Development Permit shall be presented to the City Engineer on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the locations, dimensions, and elevation of proposed landscape alterations, existing and proposed structure, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: Elevation in relation to mean sea level, of the lowest floor (~ncluding basement) of all sew and substantially improved structures; Elevation in relation to mean sea level to which any non- residential structure shall be flood-proofed; A certificate from a registered professional engineer or architect that the non-residential flood-proofed structure shall meet the flood-proofing criteria of Section 6.D; Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result proposed development; of Existing floodplain and floodway boundary in relation to development; Expected change in the configuration and elevation of the floodplain and floodway; 4.B. CONDITIONS OF APPROVAL Approval or denial of a Development Permit by the City Engineer shall be based on all of the provisions of this chapter and the follow,nE relevant factors: The danger to life and property due to flooding or erosion damage; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the effect oF such damage on the individual owner; The danger that materials may be swept onto other lands to the injury of others; 004971 The compatzbility of the proposed use with existing and anticipated developmentl The safety of access to the property zn tzmes of flood for ordinary and emergency vehicles; The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and brzdges, and public utilities and facilities such as sewer, gas, electrical, and water systems. The expected heights, velocxty, duratzon, rate of rzse and sediment transport of the flood waters end the effects of wave action, if applicable, expected at the site; The necessity to the facility of a waterfront locatxon, where applxcable; The availability of alternative locations, not aub3ect to flooding or erosion damage, for the proposed use; The relationship of the proposed uae to the comprehensIve plan for that area. SECTION 5. VARIANCE PROCEDURES The Zoning Board of AdJustment shall hear and render judgment on requests for variances from the requxrements of this chapter. The Zonxng Board of Adjustment shall hear and render judgment on an appeal only when it is alleged there is an error · n any requirement, decision, or determination made by the C~ty Engineer in the enforcement or administration of this chapter. Any person or persons aggrieved by the decxs~on of the Zoning Board of Adjustment may appeal such decisions in the courts of competent jurisdiction. The gxty Engxneer shall maintain a record of all actions involving an appeal and shall report variances to FEMA upon request. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Regxster of Historic Pisces or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. Generally, variances may be issued for new constructton and substantial improvements to be erected on a lot of one-half acre or less in sise contiguous to and surrounded by lots with extsting structures constructed below the base flood level, providing the relevant factors of this Section have been fully considered. Aa the lot size ~ncreasea beyond the one-half acre, g 004972 the technical justzfication requzred for issuing the variance increases. Upon consideration of the factors noted above and the intent of this chapter, the Zoning Board of Adjustment may attach such conditxons to the granting of variances as it deems necessary to further the purpose and objectxves of this chapter (Section 1.A & 1.B). Variances shall not be issued w~thin any designated floodway if any increase in flood levels during the base flood discharge would result. Prerequxsites for granting variances: Vartances shall only be tssued upon a determination that the variance is the mxn~mum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon (i) a showing of good and sufficient cause, (Ii) a determination that s 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 codes. Any applicant to whom a variance is granted shall be given wrxtten notxcs that the structure will be permitted to be built with a lowest floor elevation no more than 3 feet below the base flood elevation, and that the cost of flood insurance will be commensurate with the increase r~sk resulting from the reduced lowest floor elevation. SECTION 6. PROVISIONS FOR FLOOD HAZARD REDUCTION 6.A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required: All new construction and substantial improvements shall be anchored to prevent flotatxons collapse or lateral movement of the structure; All new construction or substantial improvements shall be constructed with methods and practtces that minxmize flood damage; All new construction or substantial improvements shall be constructed with material and utility equipment resistant flood damage; to 10 004973 All new and replacement water supply systems shall be designed to m~nimxze or eliminate infiltratton of flood waters Into the system; New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the systems ~nto flood waters; and, On site waste impairment to flooding. disposal system shall be located to avoid them or contamination from them during For all new construction and substantial improvements, fully enclosed areas below the lowest floor that 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 must meet or exceed the following minimum criteria: A m~nimum 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 6.B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 2, (i~) Section 3.B, (i~i) Section 4.A, or (iv) Section 6.E, the following provisions are required: 6.B.]. RESIDENTIAL CONSTRUCTION Residential Construction - New Construction or substantial Improvement of any residential structure shall have the lowest floor, including basement, elevated to one foot above the bsse flood elevation. A registered professional engineer, or lsnd surveyor shall submit elevation certification, on approved forms, to the City Engzneer that indicate the standard of this subsection, as set forth in Section 4.A, is satisfied. 6.B.2. NON-RESIDENTIAL CONSTRUCTION Non-Residential Construction - New Construction or substantial improvement of any commercial, Industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to one foot above the level of the bsse flood elevation or, together with attendant utility and sanitary facilities, be flood-proofed so that the below-the-base ll 004974 flood level structure is water tight with walls substantially impermeable to the passage of water and with structural components havmng the capabilmty of resisting hydrostatic and hydrodynamic loads and effects of bouyance. A registered profeaaional engineer shall submit flood-proofing certmflcation to the Cmty Engineer on the approved forms. A registered professional engineer, or land surveyor shall submit elevation certification, on approved forms, to the Cmty Engineer that mndicate the standard of this subsection, as set forth in Section 4.A, ms satisfmed. 6.B.3. MECHANICAL EQUIPMENT Mechanical Equipment - Electrical, heating, ventilation, plumbing, and air-conditionmng equmpment and other service fac~litles shall be designed and/or located so as to prevent water from entering or accumulatmng withmn the components durmng conditions of flooding. 6.B.4. **mobile homes" ) MANUFACTURED HOMES (all previous references to homes'* have been revised to read *'manufactured Manufactured homes to be placed in floodways shall meet the same standards as conventional housing. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Specific requirements shall be: (1) over-the-top ties at each of the four corners of the manufactured home, with two addmtlonal ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (mi) frame ties at each corner of the home with five additional ties per side at intermediate point and manufactured homes less than 50 feet long requiring four additional tmes per smde; (mit) all components of the anchoring system be capable of carrying a force of 4,800 pounds; (iv) any addmtions to the manufactured home be similarly anchored. For new manufactured home parks and subdivmsmons; for expansions to exmstlng manufactured home perks and subdivmsmons; for existing manufactured home parks and subdivisions where the repair, reconstructmon or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repamr, reconstruction or improvement has commenced; and for manufactured homes not placed in a manufactured home park or subdivision the following 004975 are required: (i) stands or lots are elevated on compact fill or on p~lings so that the lowest floor of the manufactured home will be at or above the base flood level. A registered professional engineer, or land surveyor shall submit a certification to the City Engineer that the standard of th~s paragraph complies with Section 6.E.1. (ii) adequate surface drainage and access for a hauler are provided; and (iii) in the instance of elevation on pilings: (a) lots are large enough to permit steps, (b) piling foundations ara placed in stable soil no more than ten feet apart, and (c) reinforcement is provided for pilings more than six feet above the ground level. 6.C. FLOODWAYS Located within areas of special flood hazard established in Section 2.S 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 aha11 apply: Encroachments are prohibited, Including fall, new construction, substantial improvements and other developments unless certxfxcation by a professxonal registered engxneer is provided demonstrating that encroachments shall not result in any xncrease in flood levels or velocities during occurrence of the base flood discharge. If the requxrements above are satisfied, all new constructzon and substantial improvements shall comply with all applicable flood hazard reductxon provisions of this Section. 6.D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO Zones) Located within the areas of specxal flood hazard establxshed in Section 2.B are areas designated as shallow floodxng. These areas have special flood hazards associated with base flood depths of I to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provxsiona apply: All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM (at least two feet if no depth number is specified). 004976 All new construction and substantial ~mprovements of nonresidential structures shall: Have the lowest floor, ~ncluding basement, elevsted above the crown of the nearest street or above the depth number specified on the FIRM, or; Together with attendant utility and sanitary facilitxes be completely flood-proofed to or above that level is water- tight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamxc loads and effect of bouyance. Have adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. A registered professional engineer shall submxt a certification to the City Sngxneer that the standards of Section, as proposed ~n Section 4.A, are satisfied. this STANDARDS FOR SUBDIVISION PROPOSALS All subdivision proposals shall be consistent with Sectxon 1.B of this chapter. All proposals for the development of subdivisions shall meet Development Permit requirements of Section 2.C, Section 4 and Section 6.D of this chapter. Base flood elevation data shall be provided for all subdivxsxon proposals and other proposed developments which are located in a special flood hazard area, pursuant to Section 2.C or Section 3.B of th~s chapter. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. All subdivision proposals shall have public utxlities and facilities such as sewer, gas, electrical, and water systems located and constructed to min~mxze flood damage. II. Should any section, paragraph, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or ~nvalid for any purpose, the remainder of this ordinance shall not be affected thereby. III. That all ordinances or parts of ordinances In conflict herewith are repealed to the extent of the conflzct only. 004977 IV. And, it is ordained that this ordinance shall become effective from and after its passage in accordance with the c~ty charter of the City of College Station. PASSED AND APPROVED THIS 12TH DAY OF MARCH, 1987. ATTEST: 15 004978