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HomeMy WebLinkAboutRES 62 YY6.1 yy A R E S 0 L U T I 0 N ARTICLE I. STATUTORY AUTHORITY RECITALS AND FINDINGS Section 1.01. Statutory Authority of the City. The City of Beaumont, Texas, is a municipal corporation, having been incorporatred pursuant '•to 'the provisions' of Article II Section 5 of the Texas Constitution, and having adopted a home rule charter by a duly called and held election on the 6th day of December, 1947, pursuant to the provisions of Articles 1165 through 1169 of Vernon's Texas Civil Statutes, said home rule charter being presently in effect. Section 1.02. Authority for this Resolution. The City of Beaumont, Texas, is a "political subdivision" within the meaning of Section 3b of The Flood Control and Insurance Act (Acts 1969, 61st Texas Legislature, a regular session, Chapter 782, Page 2313) (compiled -as Article 8280-.13, Vernon's Texas Civil Statutes) and as such the City is authorized by Section 9 of the Flood Control and Insurance Act to endeavor to qualify under the National Flood Insurance Program by June, 1971, by complying with the directions of the Depart- ment of Housing and Urban Development and by (a) Evidencing to the Secretary a positive interest in securing flood insurance coverage under the Flood Insurance trr Program, and C� (b) Giving to the Secretary satisfactoryt' ���='Qr assurance that by June 30, 1971., per- manent land use and control measures e will have been adopted for the political _subdivision; which measures will be con- sistent with the comprehensive criteria for land management and use developed by the Department of Housing and Urban Development, and that the application and enforcement of such measures will commence as soon as technical information on flood waves and on controlling eleva- tions is available. f3_3_(�j�'7d Further the City is empowered by the Flood Control Insurance Act to take such action as is necessary to obtain the aid, advice and cooperation of other state and local agencies. Section 103. Findings. It is hereby found, determined and declared that: (a) The City of Beaumont, Texas, contains 71.7 square,miles of land within its boundaries and such land is located within the watershed of the Neches River and its tributaries; and (b) Part of the land within the City of Beaumont, Texas, is located within a .flood plain, and part of the land within Beaumont, Texas, is subject to flooding from rising water during hurricanes; and (c) There is a recognized public need for flood insurance and the need for flood insurance is of the utmost importance to the residents and property owners of this community; and (d) The city is the duly constituted local body or agency for the area within its boundaries._. _ Section 1.04. Purpose of this Resolution. The pur- pose of this Resolution is to evidence a positive interest in securing coverage under the Flood Insurance Program and to give satisfactory assurance to the Secretary of the United States Department of Housing and Urban Development that by June 30, 1971, permanent land use and control measures will have been.adopted for the City which measures will be consis- tent with the comprehensive criteria for land management and use developed by the Department of Housing and Urban Develop- ment, and that the application and enforcement of such measures will commence as soon as technical information on flood waves and on controlling elevations is available. And further to request the assistance of the Texas Water Develop- ment Board, the State Board of Insurance of Texas and all appropriate local districts and subdivisions. 3.07 ARTICLE II. POSITIVE INTEREST Section 2.01. Evidencing Positive Interest. The City of Beaumont, Texas, hereby asserts that it has a posi- tive interest in securing coverage under the National Flood Insurance Program and that there is a recognized public need for such flood insurance. Section 2.02. Public and Private Flood Plan Manage- ment Activities. Although no formal plan for flood control has been instigated by the City or private developers, the City has attempted to.direct development away from dangerous areas by private consultation, and further is willing to undertake any formal flood control management deemed necessary. Section 2.03. Willingness to take other official actions. The City is willing to take such other official actions as may be necessary to carry out the objectives of the National F1ood_Insurance Program, including cooperation with federal, state and local agencies to undertake to study, survey, map and identify flood prone areas within the bound- aries of the City and the identification and evaluation of local flood hazards based upon current flood plain information ' reports. Section 2.04. Available Materials. The City has or will soon have available materials which (1) identify the pro- posed boundaries of the flood plain prone areas for which flood insurance is sought, (2) give the relevant flooding history and flood plain characteristics of the City, and (3) identify the rivers, bays, gulfs, lakes, or other bodies of water causing the flooding problems. Section 2.05. Legal Authority for Flood Plan Regula- tions. Section 5 of the Flood Control and Insurance Act of the State of Texas authorizes the City, as a "political sub- division" therein, to take all necessary and reasonable actions to comply with the requirements and criteria of the National Flood Insurance Program including but not limited to: (1) Making appropriate land use adjustments to con- strict the development of land which is exposed to flood damage and minimize damage caused by flood losses; (2) Guiding the development of proposed future con- struction, where practicable,. away from location which is threatened by flood hazards; (3) Assisting in' minimizing damage caused by floods; (4) Authorizing the engaging in continuing studies of flood hazards in order to facilitate a constant reappraisal of the flood insurance program and its effect on land use requirements; (5) Engaging in flood plan management and adopting enforcing permanent land use and control measures consistent with the criteria established under the National Flood In- surance Act; (6) Declaring property-, when such is the case, to be in violation of local laws, regulations or ordinances which are intended to discourage or otherwise restrict land develop- ment or occupancy in flood prone areas, and notifying the Secretary, or whomever he designates, of such property; (7) Consulting with, giving information to and entering into agreements with the Department of Housing and Urban Development for the purpose of (a) Identifying and publishing information with respect to all flood areas, includ- ing coastal areas, and (b) Establishing flood -risk zones in all such areas, and make estimates with respect to the rates of probable flood -caused loss for the various flood -risk zones for each of these areas; (8) Cooperating with the Secretary's studies and in- V • 3 -3-141%0 flood zoning, and flood damage prevention; (9) Taking steps to improve the long-range manage- ment and use of flood -prone areas; (10) Purchasing, leasing and receiving property from the Secretary, when such property is owned by the Federal Government and lies within the boundaries of the political subdivision, pursuant to agreements with the Department of Housing and Urban Development or other appropriate legal representative of.the United States Government; (11) Requesting aid pursuant to the entire authoriza- tion above from the Texas Water Development Board; (12) Satisfying criteria adopted and promulgated by the Department pursuant to the National Flood Insurance Pro- gram; and (13) Adopting permanent land.use and control measures with enforcement provisions which are consistent with the criteria for land management and use adopted by the Secretary. Section 2.06. Evidence of Positive State Interest. In addition to the positive interest of the City as stated herein, the State of Texas.has evidenced its positive in- terest in securing coverage under the Flood Insurance Pro- gram for its political subdivision by the enactment of the Flood Control and Insurance Act, and.particularly Section 2 thereof, which provides: "The State of Texas recognizes the personal hardships and economic distress caused by flood disasters since it has become uneconom- ic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions. Recognizing the burden of the nation's resources, Congress enacted the National Flood Insurance Act of 1968, Title 42, United States Code, Section 4001-4127, whereby flood insurance can be made available through co- ordinated efforts of the Federal Government and the private insurance industry, by pooling risks, and the positive cooperation of state and local government. The purpose of this Act i c i -n AS7i AinnrP n rinci'f-iS7P int PY'PCi" in GPC`11ring 97D �3 -��-1 promoting of public interest by pro- viding appropriate protection against the perils of flood losses and encour- aging sound land use by minimizing exposure of property to flood losses." ARTICLE III. ASSURANCES OF INTENT TO COMPLY WITH LAND - MANAGEMENT AND USE CRITERIA Section 3.01. Citation of Legal Authority. The legal authority for the City to engage in flood plain regulation has previously been cited in Section 2.05. Section 3.02. Commitment of the City. This resolution shall be legislative action by the City commit- ing the said City to: (1) Recognizing the evaluating flood hazards and all actions relating to land use in the flood plain areas having special flood hazards; (2) Enact by June 30, 1971,, and maintain in force for those areas, land use and control measures with effect- ive enforcement provisions consistent with the criteria set forth in Subpart b, -Title 24 - Housing and Housing Credit, Chapter 7 of the Federal Code; and (3) Cooperate with neighboring jurisdictions with respect to adjoining drainage area's and flood plains in order to prevent the aggrevation of the flooding problem in the lower flood plain areas. Section 3.03. Designation of Official. The City hereby designates The City Manager as the official with full responsibility, authority and means to implement the commitment made in Article III. of this Resolution 'and City authorizes said City Manager to exercise such authority and use such means as are necessary to implement said commitment. The said City Manager is further authorized to: (1) Submit to the federal insurance administrator his name and address and a copy of this resolution; (2) Furnish, on request by an appropriate federal or state agency or by a designated representative of the National Flood Insurers Association, information for each structure constructed within the area,of special flood hazards after flood insurance is first made available in the community concerning (a) its first floor elevation; and (b) if there is a basement, the distance down from the first floor to the bottom of the lowest opening where water flow- ing over the ground would enter; and (3) to assist the federal insurance administrator in furthering delineating, on available local maps of sufficient scale to identify the location of structures, the limits of the flood plain hav- ing special flood hazards as identified by the flood in- surance administrator pursuant to Section 1360 of the National Flood Insurance Act of 1968, and as shown on the official flood hazard map. Section 3.04. Application and Enforcement. The City will commence the application and enforcement of land management and use measures as soon as the necessary tech- nical'information on flood waves and controlling flood elevations is available. ARTICLE IV. REQUEST FOR RATE MAKING DETERMINATION AND FOR NATIONAL FLOOD INSURANCE Section 4.01-. Request to be Placed on Register. The City hereby requests the federal insurance administrator to place the area within the City limits of the City of Beaumont, Texas, on a register of areas eligible for rate making determinations. Section 4.02. Request for National Flood Insurance. The City requests the federal insurance administrator to approve its evidence of positive interest to national flood insurance, to approve its assurances of intent to comply with land management and use criteria, and to make flood insurance coverage available as soon as practicable under the emergency program as passed by Congress on December 24, 1969, in Public Law 91-952, Section 408, amending Section 1336 of Part A of Chapter 2. -of Title XIII of the Housing and Urban Development Act of 1968, and thereafter to establish rates as soon as practicable. ARTICLE V. REQUEST FOR ASSISTANCE FROM STATE AND REGIONAL AGENCIES Section 5.01. Request for Assistance From Texas Water Development Board. The City hereby requests the aid, advice and cooperation of the,Texas Water Development Board as authorized by Sections 5 and 6 of the Flood Control and Insurance Act of the State of Texas. Section 5.02. State Board of Insurance of Texas. The City hereby requests.the-aid, advice and cooperation of the State Board of Insurance of Texas as authorized by Sections 5 and 7 of the Flood Control and Insurance Act of the State of Texas. Section 5.03. Jefferson County. The City hereby requests the aid, advice and cooperation of Jefferson County in its efforts to quality for participation in the National Flood Insurance Program as authorized by the Flood Control and Insurance Act of the State of Texas. ARTICLE VI. DIRECTION Section 6.101. Direction to Officers. The is hereby authorized and directed to submit in duplicate a certified copy of this resolution and other such required evidence of interest and supporting document- ation to the Federal Insurance Administrator, Department of Housing and Urban Development, 451 7th Street, S.W., Washington, D. -C., 20410, as promptly as possible, the State Board of Insurance of Texas, and Jefferson County. The City Manager, all Department Heads, Consulting Engineers, Legal Council, and other officers and officials of the City are further authorized and directed to do any and all things necessary or convenient to carry out the provisions of this Resolution. This Resolution shall take effect and be in full force in effect upon and after its passing. PASSED -,by_,_the City Council :on._' this .the. 3rd day of March, 1970. 4 - Mayor - 70