HomeMy WebLinkAbout78-2198 ord78-2198
MASTER
FLOOD HAZARD PREVENTION ORDIN~
OUTLINE
B.
C.
D.
STAIIIfO~ AUTHORIZATION, FINDINGS OF FACTS, PURPOSE
AND METHODS .............................................. 1
Statutory Authorizati_on .................................. 1
Findings Of Fact ......................................... 1
Statement of Purpose ..................................... 1
Methods of Reducing Flood Losses ......................... 2
SECTION 2 DEFINITIONS .............................................. 2
SECTION
3 G~NERAL PBOVISIONS ....................................... 5
ae
D.
E.
F.
G.
Lands To Which This Ordinance Applies .................... 5
Basis For Establishing The Areas of Special
Flood Hazard ................................................ 5
Establi~lment of Development Permit ....................... 5
Gonpliance ............................................... 5
Abrogation And Greater Restrictions ...................... 5
Interpretation ........................................... 5
Warning And Disclaimer Of Liability ....................... 6
SECTION 4
ADMINISTRATION ........................................... 6
A. Designation of Local Administrator ........................ 6
B. Duties And Responsibilities ............................... 6
C. Permit Procedures ......................................... 7
D. Variance Prdcedures ....................................... 8
SECTION
B.
1.
2.
3.
C.
PROVISIONS FOR FLOOD HAZARD REDUCTION .................... 9
General Standard_s ........................................ 9
Speci fic~Standards ....................................... 10
Residential Construction ................................. 10
Non-residental Construction .............................. 10
Mobile Homes ............................................. 10
Standards For Subdivision Proposals ...................... 11
SECTION 6 PENALTY .................................................. 11
SECTION 7 SEVERABILITY CLAUSE ...................................... 11
ORDINANCE NO. 78-2198
AN ORDINANCE ESTABLISHII~G THE ADM/NISTRATIVE PROCEDURE FOR FLOOD tLAZARD PRE-
VENTION IN THE CITY OF PLALNVI~, TEXAS, SETTING OUT THE STATUTORY AlrfHORITY;
FINDINGS OF FACT; STATI~KNT OF PURPOSE~ AND METHODS OF REDUCING FLOOD LOSSES;
DEFINITICNS; GENEPJkL PROVISIONS; DESIGNATION OF D~OR OF PLANNING AND
BUILDING CODES AS LOCAL AI1MINIS%~ATOR; AUTHORIZING HIM TO ISSUE PERMITS;
ESTABLISHING VARIANCE PBOCEDLKIES ~2~D APPEAL PROCED~; ~ND SETTING GENF~
STANDARDS FOR PROVISIONS FOR FLOOD HAZARD RA/P~ON; PRD¥TDING A PENALTY; AND
PRC~JIDING A SEVERABILITY CLAUSE.
BE IT ORDANI7..~ BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW:
SECTION I: STATUTORY AUTHORIZATION, FLAIDINGS OF FACT, PORRPCSE AND i¥1RTHODS
A. STATUTORY AI/i~ORIZATION
The Legislature of the State of ~~S has in
(state) (statutes)
delegated the responsibility to local go_v~_rm~,_t_~,_~units to adopt ~_]ations de-
signed to minimize flood losses. Therefore, the_Q_~%~-~
_ ~ , (governing body)
of ~a~r~ ~. , s~=. ~ ~, does ordain as follows:
(local unit) ( ate)
B. FINDINGS OF FACT
(1) The flood ~h~ard area ~4~ k,_~r~ (D~ % ~_m~,~v.~e subject to
(local unit)
periodic inundation which results in loss of life and property, health and
safety hazards, disruption of conmerce and governmentsl 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 losses are created by the cumulative effect of obstructions
in flocd 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 o~her lands because they are inadequately elevated, floodproofed,
or otherwise protected from flood dan~ge.
C. STATemENT OF PURPOSE
It is the purpose of this ordinance to promote the public heal,h# safety and
general welfare and to n~i~ize public ar~ private losses due to flood conditions
in specific areas by provisions designed to.~
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(1) Protect human life and health~
(2) Minimize expenditure of public honey for costly flood control
projects;
(3) I~nnimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4) ~nimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges located
in flood plains;
(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 the potent/al buyers are notified t2u~t property is in a
flood area.
D. METHODS~ OF REDUCING FLOOD LOSSES
In order to accor~pli~x its purposes, this ordinance uses the following ~ethods:
(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 t~he alteration of natural flood plains~ stream channels, and
natural protective barriers, which are involved in the accommodation of
flood waters;
(4) Control filling, grading, dredging ar~ other development which may
increase flood damage;
(5) Prevent or regulate the construction of flocd~ barriers whiCh Will
increase flood hazards to other lands;
SEC~fION 2: DEFINITIONS
Unless specifically defined below, words or phrases used in this. ordinance shall
be interpreted to give them ~e meaning they have in cor~uon usage and to give
this ordinance its most reasonable application..
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Appeal--means a request for a review of tile ~%~, ~ k~/~_~_, 's
(local administrator)
interpretation of any provision of this ordinate or a request for a variance.
Area of Shallow Flooding--n.~as a designated AO Zone on a community's Flood
Insur~e Rate ~p (FI~4) 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.
krea of Special Flood Hazard--is the land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given year.
Base Flood--n~nns the flood having a one percent chance of being equaled or
exceeded in any given year.
Develot~nt--means any man-made change to in, proved or uninproved real estate,
including but not limited to buildings or other structures, mining, dredging,
filling, graJing, paving, excavation or drilling operations.
Existing ~bbile Home Park or M~bite Hmme Subdivision--means a parcel (or
contiguous parcels) of land divided into t~o or more mobile home lots for
rent or sale for wkich the construction of facilities for servicing the lot
on ~hich the mobile home is to be affixed (including, at a minimum, tile
installation of utilities, either final site grading or the-pouring of con-
crete pads, and the construction of streets) is completed before
effective date of this ordinance.
Expansion To An Existing Mobile Home Park or Mobile Home Sut~ivision-~means the
preparation of additic~al sites by the construction of facilities for
servicing the lots on which the mobile homes are to be affixed (including
the installation of utilities, either final site grading or pouring of
concrete pads, or the construction of streets).
Flood Or Floo_din~.--means a general and tempora~ 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 accunulation or runoff of surface ~mters from
Flood Hazard Bounda~f Map (~)--means an official map of a c~ty, issued
by the Federal Insurance Administration, where the areas within the boundaries
of special flood hazards have been designated Zone A.
Flood Insurance Rate Map (FIRM)--means an official map of a connunity, on which
the Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable %o the conr~ity.
Flood Insurance Study--is the official reuort provided by the Federal Ir~urance
Administration. The report contains flood profiles, the water surface
elevation of the base flood, as w~ll as t/~e Flood Hazard Boundary-Floodway Map.
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Floodway--means the channel of a river or other watercourse a~d the adjacent
land areas that must be reserved in order to discharge the base flood with-
out cumulatively increasing the ~ter surface elevation note than one foot~
Habitable F. loor--means any floor usable for living purposes, ~hich includes
working, sleeping, eating, cooking or recreation, or a con~ination t/lereof.
A floor used for storage purposes only is not a ~habitable floor."~
~an Sea Level--means the average height of the sea for all ~ages of the tide.
Mobile Home--means a structure, transportable in one or raore ~ections, which is
built on a permanent chassis and designed to be used with ?r without a
pe~nmmn~at foundation when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
New Mobile Home Park Or Mobile Ho~e Subdivision~n~ans a parc~
parcels) of land divided int~) two or n~re mobile home lots
for which the construction of facilities for servicing the
mobile hc~e is to be affixed (including, at a mininum, the
utilites~ eitl~_r final site grading or the pouring of
construction of streets) is cc~pleted on or after the eff~
ordinance.
Start of Gonstru~tion--means the first placement of permanent
structure (other than a mobile h~me) on a site, such as th
or footings or any work beyond the stage of excavation. P~
does not include land preparation, such as clearing, grad3n
does it include the installation of streets and/or ws/kway~,
clude excavation for a base~ent~ footings, piers or foundat
of temporary forms~ nor does it include the installation o]
accessory buildings, such as garages or sheds not occupied
or not as part of the main structure. For a structure (o~
home) without a basez~nt or poured footings, the "s ~tart of
includes the first permanent framing or assembly of the s~
thereof on its piling or foundaticm. For mobile homes not
hc~e park or mobile home subdivision, "start of cons-hructi(
affixing of the mobile home ~ its permanent site. For mo!
~ (or contiguous
for rent or sale
lot on which the
installation of
.~ete pads, and the
;tive date of this
construction of a
.~ pouring of slabs
~manent construction
~g, and filling; nor
~; nor does it in-
;ions or the erection
~ the property of
as~dwelling units
~er than a mobile
.~cture or any part
within a mobile
)n" means the
~ile homes within
n~bile home parks or mobile t~me subdivisions, "start of construction"~ is the
date on which the construction of facilities for servicing the site on which
the mobile home is to be affixed (including, at a miniumm, the construction of
streets, either final site grading or the pouring of concrete pads, and
installation of utilities) is cc~pleted.
Structure--means a walled ar~ roofed building that. is principally above ground.,
as well as a mobile home.
Substantial Improvement--means any repair, reconstruction, or iuprove~ent of a
structure, the cost of which equals or exceeds 50 percent of the market value
of the structure either, (1) before the improver or repairs is started, or
(2) if t~he structure bas been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial iuprovement" is
cc~sidered to occur wheni~the first alteration of any wall,., ceiling, floor, or
other structural part of the building conm~nces, whether or not that alteration
affects the external dimensions of the structure. The term does not, however,
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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 soley necessary to assure safe living conditions, or (2) any
alteration of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places.
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.
SECTION 3: GENERAL PROVISIONS
A. LANDS~ TO WHICH 5I{[S ORDINANCE APPL/]~
This ordinance s~a~l apply ~ areas of special flood hazard within the
jurisdiction of(__r~-~ c~ ~-~r~4 ~,~ '
(local unit)
B. BASIS FOR ESTABLISHING THE AREAS OF SPEC/AL FLOOD HAZARD
The areas of special flood hazard identified by the. Federal Insurance Administration
on its Flood Hazard Boundary Map (F~, Comaunity No. ~RP7.~A , dated.
?-l~-7~_J~vi~H ll-lQ-76 , and any revisions thereto are hereby adopted by
referende and declared to be a part of this ordiD2mce.
C. ESTABLIS~E4ENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions
of this ordinance.
D. COMP~
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.
E. ABROGATION AND GP~EATER RESTRICTIONS
%his ordinance is not intended to repeal, abrogate, or iwt0air any existing ease-
nmnts, covenants, or deed restrictions. However, where this ordinance and an-
o~ler conflict or overlap, whichever in~oses the more stringent restrictions
shall prevail.
F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
(1) considered as miniuum requir~ns~ts; (2) liberally construed in favor of the
governing body; and (3) deemed neither to l~t nor repeal any other powers
granted under State statutes.
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G. k~%RNING A~ND DISCLA//4ER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Oa rare occasions greater floods can and will occur and flood heights may be in-
creased by ninon-made or natural causes. This ordinar~e does not imply that land
cuts/de the areas of special flood hazards or uses permitted within such areas
will be free from flood~~fl~ damage~This ordim~mce shall not create
liability on the part of' {~(__x~ (~ y~.~or any officer or e~ployee
(local unit)
thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made _~ .thereunder.
SECTICN 4: AE~INISTRATI~N
A. DESI6~ATION OF
(Local ~s~ator)
(loc~ ~strator )
~l~t ~e~7~ions of t~s or~e.
(~ ~st~tor)
~ties a~ res~nsibilities of the ~& ~%~ ~~u- s~ll ~cl~e,
(lo~1 a~i~a~r)
~t not ~ l~t~ to, ~e foiling:
(1) I~intain and hold open for public inspection all records pertaining to
the provisions of this ordinance~
(2) Review, approve or deny all applications for development permits required
by Sec~tion 3, C, of this ordinar~e;
(3) Revie~ permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local goverrmental
agencies from which prior approval is required;
(4) Where interpretation is needed as to the ex~ct location of the boundaries
of the areas of special flood hazards (for exsn~le, where there appears to be
a~nflict betweeD~a rapped boundary and actual ~ield conditions) the
~,~ C~ ~-~~-At. shall make the necessary interpretations.
(local administrator) ~ ~ ~ ~
(5) Notify adjacent communities and the~u~~, .~_~.~ ~5~.~,~ c~r ~
(sta~ coordinatirg agency)
prior to any alteration or relocation of a watem
of such notification to the Federal Insurance
(6) Assure that maintenance is provided within
.~ourse, and submit evidence
~nistration ;.
~he altered or relocated
portion of said watercourse so that the flood carryin9- capacity is not
diminished.
(7) When base fl~elevation da~ .n.?~t. been provided, in accordance with
Section 3, B, t~ ~i~~ c- ~-~=, c~mj~, shall obtain review, and
(local administrator)
reasonably utilize any base flood elevatic~ data available from a Federal,
State, or other source, in order to administer the provision'of Section 5.
C. PERM/T PNSCEDURES
Application~or a Development Permit shall be presented to the
%%~u~{~ ~7=~c~C.. · on forms furnished by him and may include,
(local administrator)
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, and the location of the foregoing in relation to areas
of special flood hazard. Additionally, the following infonnation is required:
a. Elevation in relation to n~an seal.level, of the lowest floor
(including bas~nent) of all proposed structures;
b. Elevation in relation to ~ sea level to. whiCh any non-residential
structure shall be floodproofed;
c. A certificate from a registered professional engineer or architect
that the non-residmntial floodproofed structure shall meet the flood,
proofing criteria of Section 5, B(2);
d. Description of the extent to wkich any ~mtercourse or natural
drainage will be altered or relocated as a result of proposed develotmrent.
(2) Approval or denial of a Development Permit by the ~% ~'% ~
(local
~ ~C_~. shall be based on all. of the provisions of
adhrd_nistator)
this ordinance and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage~
b. The susceptibility of the proposed facility and its contents to
flood damage and t~he effect of such damage on the individual, owner;
c. The danger that materials my be swept onto other lands to the
injury of others;
d. The ounpatibility of the proposed use with existing and anticipated
development;
e. The safety of access to the property in ti~s of flood for ordinary
and emergency vehicles;
f. The costs of providing governmental services during and after flood
coD~itions including mintmnance and repair of streets and bridges, and
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public utilities and facilities such as se~er, gas, electrical, and water
systems.
9- The expected heights, velocity, duration, rate of rise and sediment
transport of tb~ flood waters and the effects of wave action, if applicable,
expected at tile site;
h. The necessity to the facility of a waterfront location, where applicable;
i. 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 conprehensive plan for that
D. VARIANCE PROCED~
(appeal board) (local unit)
shall hear and render judgement on requests for variances from the'reqnmir~ts
of this ordinance.
(2) The ~%~0 (5~ ~~ shall hear and render judgement on an
(appeal board)
appeal only when it is all~ there is ~ror in any requirement, decision, or
~enernn~atmon ma~e ~ ~e k - - .~ ~ · *-.~,~-~-% ~n rne ~nzorcemen~ or
(local administrator)
administration of t/~is ordinance.
(3)
jurisdiction.
(4) The ~% ~0¢~
Any person or persons .aggrieved by the decision of the ~~
may appeal such decision in the courts of competent
shall maintain a record of all actions
(locml administratc~)
involving an appeal and shall report variances to the Federal Insurance
D~lministration upon request.
(5) Vs~iances 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 section.
(6) Generally, variances may be issed for new construction and substantial
improv~ts to t~ erected ona;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 factc~s in C(2) of this Section have been
fully considered. As the lot size increases beyond the one-half acre, the
technical justification required for issuing the variance increases.
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(7) Upon consi.~ation of the ~act~rs noted above and the intent of this
ordinance, t]~ iL_t~D ~ ~f~ may attach such oonditions to the
(a~peal board)
granting of variances az it deems necessary to further the purpose and objectives
of t/~is ordinance (Section 1, 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) Prerequisites for grantin9 variances:
a. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering t~he flood hazard, to afford relief.
b. Variances shall only be issued upon (i) a showing of good and sufficient
cause, (ii) a determiD~tion that failure to grant the variance would result
in exceptional hardship to the applicant, and (iii) and a determination that
the granting of a variance will not result in increased floo~ heights,
additional tRu~eats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict With
eyisting local laws or ordinances.
c. Any applicant to whc~ a variance is granted shall be given written
notice that tD~ structure will be permitted to be built with a lowest flood
elevation no more than feet below the base flood elevation,
that the cost of flood insurance will be ccranensurate with the increased
risk resulting frc~ the reduced lowest floor elevation.
~ECTION 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
A. G~NERAL STANIFLRDS
In all areas of special flood hazards the followinw provisions are required:
(1) All new construction and substantial impr~ovements shall be anchored to
prevent flota-hion, collapse or lateral movement of t~he structures;
(2) Ail new construction or substantial improvements shall be constructed ~by
methods and practices that minimize flood damage;
(3) All new construction or substantial i~prOven~nts shall be constructed
with materials and utility equipn~t resistant to flood damage;
(4) _All new and replacement water supply systems shall be designed to
minimize or elJ~inate infiltration of flood v~ters into the sYStem;
(5) New and replacen~nt sanitary sewage systems shall be designed to minimize
or eliminate infiltration of floodwaters into the system ar~ discharges from
the systems into flood waters; and,
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(6) On-site waste disposal systems shall be located to avoid impairment to
the~ or contamination from tl~ during flooding.
B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (i) Secticm 3, B, (ii) Section 4, B~ (7), or (iii)
Section 5, C(3) the following provisions are required:
(1) Residental Cons-~ruction - New Oonstruction or substantial improvement of
any residential structure shall have the lowest floor, including basement,
elevated to or above the base flood elevation. A registered professional
e~eer, arcl%i~t, or land surveyor shall submit a certification to the
~D~ ~ ~L_3~-~.~_~ that the standard of this subsection as proposed
(local administrator)
in Section 4, C(I)(a), is satisfied.
(2) Non-residential Construction ~ New Construction or substantial Jmprov~t
of any' commercial, industrial or other non-residential structure shall either
have the lo, st floor, including bas--t, elevated to the level of t~e base
flood elevation or, together tiwth attendent utility and. sanitary facilities,
be floodprofed so that below the base flood level the structure is watertight
with walls substantially inl~ennsable to the passage of water and with
structural cc~ponents having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buo.~y. A resi~ered professional engineer
shall submit a certification to the ~~~r~.~_~.that the
(local administrator)
stam~ards of this Subsection as proposed in Sectic~ 4, C(1)(c) are satisfied.
(3) Mobile Homes -
a. No ~obile home Shall be placed in a floodway, or is applicable,
coastal l~gh hazard area, except in an existing m~bile hcme park or
existing mobile hon-e subdivision.
a
b. Ail mobile Domes shall be anchored to resist flotation, collapse, or
lateral movenmnt. Specific requirements shall he:
(i) over-the-top ties at each of the four corners of the mobile home,
with two additional ties per side at intermediate locations and
nobile homes less than 50 feet long requiring one additional tie per
side;
(ii)~ frame ties at each corner of the home wi~h five additional ties
per side a~ intermediate points and mobile hemes less than 50 feet
long requiring four additional ties per side.
(iii) all components of the anchoring system be capable of carrying
a force of 4,800 pounds;
(iv) any additions to the mDbi!e home be similarly anchored.
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C. Sq~i~DARDS FOR SUBDMSION PROPOSALS
(1) All subdivision proposals shall be consistent with Section 1, B, C and
D 'of this ordinam~e.
(2) All proposals for the development of subdivisions shall meet Development
Permit requirements of Section 3, C, Section 4, C, and the provisions of
Section 5 of t]~is ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals
and other proposed development which is greater than the lesser of 50 lots
or 5 acres, if not otherwise provided pursuant to Section 3, B, or Section 4
B (7) of this ordinance.
(4) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
(5) All subdivision proposals shall have public utilities and facilities such
as sewer~ gas, electrical and water systems located and constructed to minimize
flood d~ge.
SECTION 6~ PENALTY
Any person, firm, or corporation violating any provisions of this ordinance shall
be guilty of a misdemeanor, and upon conviction, shall be fined a sum of not less
than One ($1.00) nor more than Two Hundred Dollars ($200.00) for each violation.
Each and every day's violaticm s~hall constitute a separate and distinct offense.
In case the owner or occupant of any lot, lots or premises under the provisions
of this ordinance shall be a corporation, and shall violate any provisions of
this ordinance, the Presid~t, Vice-President, Secretary, or Treasurer of such
corporation or any ~anager, ag~%t or eaployee of such corporation shall be also
severally liable for t~he penalties herein provided.
SECTION 7: ~ILITY CLAUSE
If any part of tl~s ordinance is, or should be~, held invalid, for any reason,
then that fact shall not invalidate the entire ordinance, but the balance thereof
shall remain in full force add effect.
PASSED and APPROVED this the
ATTEST:
M. L. REAr City Clerk
[~-~day of February, 1978.
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