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HomeMy WebLinkAboutORD 1982-062 ORDINANCE NO. 82-62 AN ORDINANCE OF TFIE CITY COUNCIL OF Z� CITY OF GRAPEVINE, �S, AN�IDING Q-iAP'I�R 7, ARTICLE IX OF Tf�E GRAPEVINE CITY CODE F2II�TING 'PO FLO(�D DAP4AGE PRBUENTION; PROVIDING FOR STA�RY AUTfiORIZATION AND FINDINGS OF FACT, PURPOSE, AND OBJF�rIVES; PROVIDING DEFINITIONS; PROVIDING GF�.QERAL PROVISIONS; PROVIDING FOR TI-iE ADhIINISTRATION OF SAME; PROVIDING PROVISI�TS FOR FLOC)D FiAZARD REDUCTION; PROVIDING FOR THE REPEAL OF CONFLICTING _ ORDINANCE.S; PROVIDING A SE�TEf2ABILITY; PROVIDING A PF�TI�LTY; AND DDCLARING AN E�Ei RGII�ICY BE IT ORDAIl�D BY Tf� CITY COUNCIL OF Tf� CITY OF GRAPEVINE, TEXAS THAT Chapter Seven, Article IX of the Grapevine City Code, entitled Flood Damage 'Prevention, is hereby amended to read as follaws: SECI'IIX�T 1. STATUTORY AUl'HORIZATION, FINL)INGS OF FACT, PURPOSE, AND OBJECr!'IVES 1.1 STATUTORY AUTHORIZATION The LE.�gislature of the State of Texas has, in V.A.T.C.S. Water Code, Section 16.311, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of Grapevine, Texas does ordain as follaws: 1.2 FINDINGS OF FACT (1) T�e flood Yiazard areas of Grapevine, Texas are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of caim�rce and governmeiztal services, extraordinary public expenditures for flood protection and relief, and in�airnient of the tax }aase, all of which adversely affect the public health, safety, and general welfare. (2) 'I'hese flood losses are caused by the cimiulative effect of abstru�:tions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherw:ise protected fran flood damage also contribute to the flood loss. 1.3 STATII�1'I' OF PURPOSE It is �-he purpose of this ordi.nance to pranote the public health, safety, and general welfare, and to minimize public and private losses due to flood cronditions in specific areas by provisions designed: (1) To protect hun�an life and health; (2) 'Ik� m;n;m;ze expenditure of public money for costly flood control projects; (3) 'Ib minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the e,xpense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) Tc� help maintain a stable t� base by providing for the second use a�nd develop��ent of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers are notified that property is in an area of special floed hazard; and, (8) To ensure that those who occupy the areas of special flood hazard asstIIne responsibility for their actions. 1.4 MEZ�iODS OF RIDUCING FT�OOD IASSES In order to accc�nplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of - initial construction; (3) G�ntrolling the alteration of natural flood plains, stream channels, ' and natural protective barriers, which help acc�date or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood c�iamage; and, (5) P.reventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SDCTION 2. DEE'INITIONS Unless specifically defined belaw, we�rds or phrases used in this ordinance shall be interpreted so as to give them the meaning they have ' in cominn usage and to give this ordinance its most reasonable application. "Appea:l" means a request for a review of the City's Public Works Director's interpretation of any provision of this ordinance or a request for a variance. "Area of shallaw flooding" means a designated AO Zone on the Flood Insurance Rate Map (FIRM) . The base flood depths range fran one to three feet, a clearly defined channel does not exist, the path of flooding is unpred:ictable and indeterminate, and velocity flaw may be evident. "Area c�f special flood hazard" means the land in the flood plain within a cam�un:ity subject to one percent or greater change of flooding in any given ��ear. "Base flood" means the flood having a one percent change of being equaled or exceeded in any given year. "Develc�pnyent" means any m�n-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operations located within the area of special flood hazard. "E�isting mabile hoirie park or m�bile home subdivision" means a parcel (or _ contiguous parcels) of land divided into two or more mr�bile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile hame is to be affixed (including the installation of utilities, either final site grading or pouring of concrete, or the construction of streets) is co�leted before the effective date of this ordinance. "Flood"' or "flooding" means a general and tet�orary condition of partial or c�lete inundation of normally dry land areas from: (1) The overflaw of inland or tidal waters and/or (2) The unusual and rapid acc�unulation or runoff of surface waters fran any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premitun zones applicable to the co�rninity. "Floa� Insurance Study" means the official report provided in which the Federal Insurance Ac�hninistration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. "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 mare than one (1) foot. "Habitable Floor" means any floor usable for living purposes, which includes wc�rking, sleeping, eating, 000king or recreation, or a ' ccgnUination thereof. A floor used only for storage purposes is not a "habitable floor". "ASobile hom�" means a structure that is tsansportable in one or more sections, built on a permanent chassis, and designed to be used with or withou�t a permanent foundation when connected tA the required utilities. It does not include recreational vehicles or travel trailers. "New canstruction" means structures for which the "start of constniction" com�nced on or after the effective date of this ordinance. "N�w mobile hame park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is co�leted on or after the effective date of this ordinance. "Start of construction" means the first placement of pennanent construction of a structure (other than a mobile hcene) on a site, such as the pouring of slabs or footings or any w�ork beyond the stage of excavation. Pernianent 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 a basement, footings, piers or foundations or the erection of tenq�orary fornis; nor dces it include the i.nstallation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units nr not as part of the main structure. For a structure (other than a mobile han�) without a basement or poured footings, the "start of constniction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile hcmes not within a mr�bile home park or mobile home subdivision, "start of constniction" n�ans the affixing of the m�bile home to its permanent site. For mobile homes within mobile hame parks or mobile home subdivisions, "start of oonstruction" is the date on which the construction of facilities for servicing the site on which the mobile hce�►e i.s to be affixed (including, at a mininnun, the construction of streets, either final site grading or the pouring of concrete pads, and the installation of utilities) is co�npleted. "Stnzc�ure" means a walled and roofed building, a mobile hane, or a gas or liquid storage tank, that is principally above ground. "Substantial in�rovement" means any repair, reconstruction, or i.m�rovc�nent of a structure, the cost of which equals or exceeds 50 percen�t of the market value 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 purposes of this definition, "substantial i�rovement" is considerecl to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building co�nces, whether or not that alteration affects the external di.mensions of the structure. The tenn does not, haw�ver, include either: (1) Any project for improvement of a structure to co�ly with ea�isting 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 National Register of Historic Places or State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by the ordinance. SECr!'ION 3. GII�TF�2AL PROVISIONS 3.1 I�I�TAS TO WHICH THIS ORDIN�INCE APPLIES This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Grapevine. 3.2 BASIS FOR ESTABLISHING � AREAS OF SPF]CIAL FLOOD HAZARD The as;eas of special flood hazard identified by the Federal Insurance Achninistration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Grapevine, Texas" dated May 17, 1982, with a.cc�anying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at City Hall, 413 Main Street, Grapevine, Texas. 3.3 P:E�TALTIES FOR NC�TCOPZPLIANCE Any pe:rson violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided. in Section 7, and a separate offense shall be deemed co�mitted upon each day during or on which a violation occurs or continues after the notice period provided herei.n has expired. The court shall ��rder remaval and abatement of the nuisance. 3.4 ABROGATION AND GREATER RESTRICTIONS This �rdinance is not intended to repeal, abrogate, or i�air any existing easements, covenants, or deed restrictions. However, where this ordinance and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the m�re stringent restrictions shall prevail. 3.5 IN'I�tPRETATION In the interpretation and application of this ordinance, all provisions sha.l l be: (1) Considered as minim�un requirements; (2) Lib�rally canstrued in favor of the governing body; and, (3) I)eemed neither to limit nor repeal any other powers granted under State statutes. 3.6 WARNING AND DISCI�AINIER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineeri.ng considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man�riade or natural causes. This ordinance does not i�ly the land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood clamages. This ordinance shall not create li.ability on the part of the City of Grapevine, an officer or er�loyee thereof, or the Federal Insurance Achninistration for any flood damages that result from reliance on this ordinarice or any administrative decision lawfully made thereunder. SECTION 4. ADMINISTRATION 4.1 ESTABLISHN�I'I' OF DEVFS�OPMIIVT PERMIT A Development Permit shall be obtained before construction or developm�zt begi.ns within any area of special flood hazard established in Section 3.2. Application for the Development Permit shall be made on forms furnished by the City's Public Works Director and may include, but is not limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or praposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specif,ically, the follaaing information is required: (1) Elevation, in relation t� mean sea level, of the lowest floor (including basem�.nt) of all structures; (2) Elevation, in relation to mean sea level, to which any structure has been flood proofed; (3) Certification by a registered professional engineer or architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria in Section 5.2-2; and, (�) Description of the extent to which any water course will be altered. or relocated as a result of proposed development. 4.2 DESI(�1ATION OF Tf� CITY'S PUBLIC WORKS DIRF7�l+OR The City's Public Works Director is hereby appointed to administer and i�lem�_nt this ordinance by granting or denying Development Pezmit applications in acoordance with its provisions. � 4.3 DiJTIFS AND RESPONSIBILITIFS OF Tf� CITY'S PUBLIC WORKS DIRDC7.'OR Duties of the City's Public Works Director shall include, but are not limitec3 to: 4.3-1 PERMIT REVIE�+] (:l) Review all develo�zt permits to determine that the permit requirements of this ordinance have been satisfied. (2) Rsview all develogrent permits to determuze that all necessazy ��;ts have been obtained frcgn those Federal, State, or local governmental agencies fro�n which prior approval is required. (3) Review all develogrent permits to determine if the proposed develo�:ment is located in the flooc-tway. If located in the flooclway, assure that the encroachment provisions of Section 5.3(1) are met. 4.3-2 USE OF OTHER BASE FI�OOD DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING Tf� AREAS OF SPECIAL FLOOD HAZARD, the City's Public Works Director shall obtain, review, and reasonably utilize any base flood elevation data available fran a Federal, State, or other source, in order to administer Section 5.2-1, SPECIFIC STANDARDS RFSIDIIVTIAL COrTSTRUCTION, and 5.2-2, SPECIFIC STADIDARDS, NON-RESIDENTIAL CC�ISTRTJCTION. 4.3-3 INFQRMATION TO BE OBTAINID AND MAINI'AINID (1) Obtain and record the actual elevation, in relation to mean sea level, of the lawest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all ne�a, substantially improved, flood-proofed structures: (i) Verify and record the actual elevation, in relation to mean sea level; and � (ii) Maintain the flood-proofing certifications required in Section 4.1(3) . (3) Maintain for public inspection all records pertaining to the provisions of this ordinance. 4.3-4 ALTERATION OF WATER COURSES (1) Notify adjacent cxrmrnznities and the State coordinating agency ' prior to any alteration or relocation of a water course, and su}am.it evidence of such notification to the Federal Insurance Administration. (2) �tequire that maintenance is provided within the altered or relocated portion of said water course so that the flood carzying capacity is not diminished. 4.3-5 II�I'ERPRETATION OF FIRM BOLJNDARIES Make �::nterpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards {for example, where there ap�ears to be a conflict between a mapped boundary and actual field conditions) . The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. 4.4 U.ARIANCE PROGIDURE 4.4-1 APPEAL BOARD (1) The Building Code Board of Adjustment, as established by the City of Grapevine, shall hear and decide appeals and requests for variances fran the requirements of this ordinance. (2) The Building Code board of Adjustment shall hear �nd decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City's Public Works Director in the enforcement or ac�hninistration of this ordinance. (3) Those aggrieved by the decision of the Building Code Board of Adjust�_nt, or any tax�ayer, may appeal such decision to the V.A.T.C.S. Water Code, Section 16.311. (4) In passing upon such applications, the Building Code Board of Adjustm�nt shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger to life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to f lood da�nage ar�d the ef fect of such da�nage � on the individual awner; (iv) The iurg�ortance of the services provided by the proposed facility to the ca�amznity; (v) The necessity to the facility of a waterfront location, where applicable; (vi? The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The co�atibility of the proposed use with existing and anticipa.ted develop�nent; (viii) The relationship of the proposed use to the _ camprehensive plan and flood plain management program of that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, ' and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (xi) The costs of providing gavernmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water syst�ns and streets and bridges. (5) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, the Building Code Board of Adjustment may attach such conditions to the granting of this ordinance. (6) The City's Public Works Director shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Adm�nistration upon request. 4.4-2 CONDITIONS FOR VARIANCFS (1) Generally, variances may be issued for new construction and substantial i�rg�rovements to be erected on a lot of one-half acre, or less, in size contiguous to and surrounded by lots with existi.ng structures constructed belaw the base flood level, providing items (i-�.) in Section 4.4-1(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Sta.te Inventory of Historic Places, without regard to the procedures set forth in the remlinder of this section. (.3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge w�uld result. (4) Variances shall anly be issued upon a determination that the _ variance is the miniirnan necessary, considering the flood hazard, to afford relief. (.5) Variances shall only be issued upon: (i) A shawing of good and sufficient cause; (ii) A determination that failure to grant the variance wc�uld 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, extra�rdinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.4-1(4) , or conflict with existing local laws or ordinances. (6) Any applicant to who�n a variance is granted shall be given written notice that the structure will be permitted to be built with a lavest floor elevation belaw the base flood elevation, and that the cost of flood insurance will be co�nsurate with the increased risk resulting from the reduced lawest floor elevation. S�CI'ION 5. PROVISIONS FOR P'I�OOD HA7.AFZD RIDtJC"I'ION 5.1 GII�TERAL STANDARDS In all. areas of special flood hazards, the follawing standards are requir�d: 5.1-1 ANQ30RING (1) All new �onstruction and substantial iirq�rovements shall be anchored to prevent floatation, collapse, or lateral movement of the stzucture. (2) All mobile hanes shall be anchored to resist floatation, collapse, or lateral movem�nt by providing over-the-top and frame ties to ground anchors. Special requirements shall be that: (i) Over-the-top ties be provided at each of the four corners of the mobile hc�e, with two additional ties per side at interniediate locations, with mobile homes less than 50 feet long requiring one additional tie per side; (ii) Frame ties be provided at eac,h corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side; (iii) All c�onq�onents of the anchoring system be capable of carzying a force of 4,800 pounds; and (iv) Any additions to the mabile home be similarly anchored. 5.1-2 C(7NSTRUCTION MATF�TALS AND MEIgiODS (:1) All new construction and substantial i�rovements shall be constructed with materials and utility equipment resistant to flood damage. (:2) All new construction and substantial itrg�rovements shall be constructed using methods and practices that minimize flood damage. 5.1-3 LtI'ILITIES (:1) AlZ new and replacem�nt watex supply systems shall be designed to minimize or elimi.nate infiltration of flood waters into the ��% E2) New and replacement sanitary sewage systems shall be designed to minimize or eZiminate infiltration of flood waters into the systems and discharge frcan the systems into flood waters; and, (.3) On-site waste disposal systems shall be located to avoid impairme.nt to them or contamination fran them during flooding. 5.1-4 SUBDIVISION PROPC�I.S (1) All subdivision proposals shall be consistent with the need to minimi�e flood d3mage; (2) Al1 subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to miniunize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developnents which contain at least 50 lots or 5 acres, whichever is less. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING TF� AREAS OF SPECIAL FLOOD HAZARD or in Section 4.3-2, USE OF O�I'fiER BASE FLOOD DATA, the follcywing standards are required: 5.2-1 RESIDIIVTIAL CONSTRUCTION New construction and substantial improvement of any residential stxucture ' shall have the lav�st flc�or, including basement, elevated to a minim�n of tw� (2) feet above base flood elevation. 5.2-2 NON-RESIDF�ITIAL CONSTFcUCTION New construction and substantial improvement of any ca�iercial, industrial, or other non-residentiai structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall: (1) Be flood proofed so that the structure is watertight from two feet above the base flood level to the lcxaest floor or basement, with walls substantially impernleable to the passage of water. (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth � in Section 4.3-3(2) . 5.2-3 r�B� xor�.s (1) I�bbile hames shall be anchored in accordance with Section 5.1-1(2) . (2) For new mobile home parks and mobile ho�ne subdivisions; for expansions to e.�cisting mobile home parks and mobile hoar�e subdivisions; for existing m�bile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities, and pads eqiaals or exceeds 50 percent of value of the streets, utilities, and pads before the repair, reconstruction, or im�rovement has c�menced; and for a m�bile hcare not placed in a m�bile home park or mabile home subdivision, require that: (i) Stands or lots are elevated on co�acted fill or on pilings so that the lawest floor of the rr�bile home will be a minitmun of two (2) feet above the base flood level; (ii) Adequate surface drainage and access for a hauler are provided; and, (iii) In the instance of elevation on pilings, that: -lots are large enough to permit steps, -piling foundations are placed in stable soil no more than ten feet apart, and -reinforcem�nt is provided for pili.ngs mc�re than si.x feet above the ground level. (3) No m�bile home shall be placed in a flooc�way except in an existing mobile h�ne park or an existing mQbiZe hane subdivision. 5.3 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extre�nely hazardous area due to the velocity of floocl waters which carry debris, potential projectiles, and erosion potential, the follawing provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improve.m�nts, and other development unless a technical evaluation de.�ronstrates that encroacYunents shall not ' result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 5.3(1) is satisfied, all new construction and substantial i�rovements shall ccx�ly with all applicable flood hazard reduction provisions of Section 5, PROVISIONS FOR FI,OOD HAZ�RD RIDUCTION. (3) Prohibit the placement of any m�bile homes except in an existing mobile home park or existing mQbile hom;� subdivision. S�CTION 6. REPF.AT, That all ordinances, or any parts tYiereof, in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. SF�CTION 7. PE�IALTY Any person violating any of the pravisions of this ordinance shall be dePmed guilty of a misdemeanor and, upon cariviction thereof, shall be fined in a siun not to exceed tw� hundred dollars ($200.00) and a separate offense shall be deemed ca�n.itted upon each day during or on which a violation occurs or � continues after the notice period provided herein has expired. The Court shall order re�val and abatement of the nuisance. SDC.PION 8. SAVINGS AND SEVERI�BILITY CLAUSE If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circiunstances, is l�ld invalid or unconstitutional by a Court of com�tent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance, and the City Council hereby declares it wc�uld have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remlin in full force and effect. SE)CTION 9. EN��RG�TCY The fact that the present ordi.nances of the City of Grapevine are inadequate to regulate building within flood areas creates an urgency and an emergency and, in the preservation of the public health, safety, and welfare, requires that this ordinance shall take effect ir.trediately fro�n and after its passage and the publication of the caption as the law and charter in such cases provides. PASSID AND APPRWID BY TI� CITY COUNCIL OF Tf� CITY OF GRAPEVINE, TEXAS on this the 5th day of October, 1982. APPROVID: rlayor A'ITF,ST: City Secre APPROVID AS 'I� FORM AND I�GALITY: City Attorney