HomeMy WebLinkAbout2000-02-01-0900AM-Regulart• 0 r
LED
o ti N 2a AN B: 00
A(1.~.a• . • CIiRK
BRAZOS COUNTY esatcs ccVNr' ;;OUR rnouSE
UAY k. TC.
8Y
BRYAN. TEXAS DEPUTY
•
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
FEBRUARY 1, 2000 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26T" STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Judge Jones.
2. Pledge of Allegiance - Judge Jones.
3. Citizens input and/or concerns.
Consider and take action on agenda items 4 -17:
4. Budget Amendment 99/00-11.
S. Personnel Changes of Status.
6. Payment of Claims.
.~.~e.~•••Q ~ tea,.-~ .
7. Application for Tax Refund by
8. Request by the Sheriffs Office for authorization for the Brazos Valley Council of
Governments (Indigent Health) to pay expenses associated with use of a mobile x-ray
service.
9. Tax Resale Deed and authorization for County Judge to execute tax resale deed for the
Tract of land in fractional Block 18, in the City of Bryan, as described by metes and
bounds in Volume 1027, Page 510 of the Official Records of Brazos County, to Sonya
Sauseda and M.A.M. & R.R.A.G. Family Trust.
10. Resolution providing for the sale of property acquired by the County of Brazos at
Delinquent Tax Sale and Tax Resale Special Warranty Deed and authorization for
County Judge to execute Tax Resale Special Warranty Deed to Beverly Scott for Lot 1,
Block 7, Bryan's 21 Addition and the northwest 1/2 of Lots 7, 8 and 9, Block 1. Chew
Addition.
•
11. Requisition from Capital Projects for the purchase of a Heavy Duty ''/2 ton Pickup Truck
in place of a 3/4 ton Pickup Truck for the Road and Bridge Department.
12. Approval to advertise for the following bids:
a. Bid #2000-034 Construction of Two-lane Bridge on Collette Lane
b. Bid #2000-035 Seal Coat Project, Precincts 1. 2, 3 and 4
/ Commissioners Court Meeting Agenda
February 1, 2000
Page Two
13. Award of Bid #99-051, Document Imaging.
3" 0 - C m b(.".A - ~v
I4. Requisition from Eitale:editetaea~ er:t, for a notebook computer
for a County Commissioner.
15. Request by Road & Bridge Department to enter 0. L. Pate's property located off Ferrill
Creek Road for the purpose of removing approximately 1000 fat of fence to clear brush
and reshape curve in roadway for better site distance. Site is located in Precinct 2.
16. Re-adoption of the revised Flood Damage Prevention Ordinance for Brazos County,
Texas.
17. Approval of the Quarter Ending 12-31-1999 and the December, 1999 Treasurer's
Reports.
18. Acknowledge receipt of the Quarter Ending 12-31-1999 Investment Report.
19. Announcement of interest items and possible future agenda topics.
20. Call for citizen input and/or concerns.
21. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361-4102.
iLL
COMMISSIONERS' COURT
REGULAR MEETING
FEBRUARY 1, 2000
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in
the Courthouse in Bryan, Brazos County, Texas, beginning at
9:00 a.m. on Tuesday, February 1, 2000, with the following
members of the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Wm.S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
The attached sheets contain the names of the citizens
and officials that were in attendance at this meeting.
The County Judge gave the invocation and led the pledge
of allegiance.
There was no citizen input and/or concerns.
•
The Court next considered Budget Amendment #99/00-11.1
through 11.2, which-would reallocate funds for the Building
Maintenance and increase the budget for 361" District Court
Administration. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is
attached hereto.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. Commissioner Sims moved to approve all requests.
Commissioner Cauley seconded the motion. After some
discussion, Commissioners Sims and Cauley withdrew their
motion and second. Then on motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the changes with the exception of the merit
increase for the Juvenile Court Referee.
Vol l Page x.35
Commissioners' Court meeting February 1, 2000 2
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20003471 through 20003684
On motion by Commissioner Jones, seconded•by Commissioner
Thornton, the Court voted unanimously to approve the Claims
as submitted.
The next matter for consideration was a tax refund to
First Federal Savings. These taxes were paid in error by
First Federal on property owned by M. L. Cashion. On motion
by Commissioner Sims, seconded by Commissioner Cauley, the
Court voted unanimously to refund $1,148.98 in county taxes
for 1999 to First Federal Savings.
I The Court next considered a request by the Sheriff's
I Office for authorization for the Brazos Valley Council of
Governments (Indigent Health) to pay expenses associated
with use of a mobile x-ray service for the Tuberculosis
Control Program. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to
authorize the Brazos Valley Council of Governments (Indigent
Health) to pay expenses associated with the use of a mobile
x-ray service.
On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to
authorize the County Judge to execute a Tax Resale Deed to
the following individual:
I Sonia Sauseda and M.A.M. & R.R.A.G. Family Trust -
Tract of land in fractional Block 18, in City of
Bryan, Brazos County, Texas
The Court next considered adopting a Resolution
providing for the sale of property acquired by the County of
1
Brazos at Delinquent Tax Sale, Tax Resale Special Warranty
Deed and authorization for the County Judge to execute Tax
Resale Special Warranty Dee to Beverly Scott for Lot 1,
Block 7, Bryan 2°d Addition and the northwest M of Lots 7,8,
Vol Page 13 ~
...~w.a ...e. ._c.i..r _.._..._y~w,,. f. 1,'5.. ..:,C .`..•1: ~..n..u.. J..._i... s...ca_. ..s_. . _ r:
. I
I
I
i
A
1
i
Commissioners' Court meeting February 1, 2000
3
and 9, Block 1, Chew Addition. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted
unanimously to adopt the Resolution authorizing the sale of
property, approved the Tax Resale Special Warranty Deed and
authorized the County Judge to execute the Tax Resale
Warranty Deed.
The Court next considered approval of a requisition
from the Capital Projects Fund for the following purchase:
a) Heavy Duty %ton Pickup Truck in place of
a 3/4 ton pick up for the Road and
Bridge Department'in the amount of
$20,715.23
On motion by Commissioner Jones, seconded by Commissioner
~J
Cauley, the Court voted unanimously to approve the
requisition to be paid from Capital Projects Fund.
The next matter for consideration was approval for the
Purchasing Agent to advertise for the following bids:
a) Bid No. 2000-034, Construction of Two
Lane Bridge on Collette Lane
b) Bid No. 2000-035, Seal Coat Projects,
Precincts 1,2,3 and 4.
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to authorize the
Purchasing Agent to advertise for the previously noted bids.
The Court next considered awarding Bid #99-051,
Document Imaging. Commissioner Thornton voiced concern
over a letter from Eric Tanner that listed problems with
DynaSource. He was informed that those issued had been
resolved. On motion by Commissioner Cauley, seconded by
Commissioner Jones, the Court voted unanimously to award the
bid to DynaSource and approve the payment of $240,502.00 t:o
the vendor. A copy of the bid tabulation is attached.
The Court next considered approval of a requisition
from the Capital Expenditures for the following purchase:
a) Notebook Computer for County
Commissioner in the amount of $2,416.00
Vol Page !3
MTrIaNMOYfWrl:wo~w~.~..+.✓.ww.r.r~w.w~.......-..~.... v~_
t
1
Commissioners' Court meeting February 1, 2000
4
On motion by Commissioner Thornton, seconded by Commissioner
Jones, the Court voted unanimously to approve the
requisition to be paid from Capital Expenditures.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of
the general public. The Road and Bridge Department
requested permission to enter the private property of O.L.
Pate on Ferrill Creek Road to remove approximately 1000 feet
of fence in order to clear brush and reshape curve in the
roadway to allow for better site distance. On motion by
Commissioner Thornton, seconded by Commissioner Jones, the
Court voted unanimously to authorize the work.
The Court next considered re-adoption of the Revised
Flood Damage Prevention Ordinance for Brazos County, Texas.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to re-adopt the revised
Flood Damage Prevention Ordinance for Brazos County. A copy
is attached.
On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to receive,
approve and order filed as submitted the Treasurer's report
for December 1999 and the Quarter Ending Report dated
December 31, 1999. A copy of each is attached to and made a
part of these minutes.
The Court acknowledged receipt of the Investment Report
for Quarter Ending December 31, 1999.
Under announcement of interest items and possible
future agenda topics Commissioner Jones made the following
comment:
a) The property at FM 159 and State Highway
6 is in the College Station ETJ and must
be platted.
Vol I Page I3g
d•~r~'u'r~Li~ r - - t=••-.L~.i•a...+:.t.wia`.+..x:i;a....w _
•yuaS:i. ~ ' ' .r...'..r":..~~..~..a...'w:..i~l+rai..i~~ls.+....+icv;. w
Commissioners' Court meeting February 1, 2000 5
•
•
C
The County Judge made the following comments:
a) Reports on tobacco fund expenditures are
due soon. The County Auditor stated the
reports would be submitted in a timely
manner.
b) He received a letter from Judge Randy
Michel asking to use part time help
money to pay overtime for his Court
Reporter.
c) He received the monthly report from the
County Auditor.
d) He received a request from Judge Smith
for a budget amendment for additional
office supplies.
e) Reports on tobacco fund expenditures are
due soon. The County Auditor stated the
reports would be submitted in a timely
manner.
f) He sent each of the Commissioners a copy
of the letter from Chuck Sipial in
support of Easterwood Airport.
g) Discussed the use of air fare services
under state contract and obtaining a
credit card from BankAmerica in order to
take advantage of these services.
There was no citizen input and/or concerns.
There being no further business to come before the
Court, the meeting was adjourned.
Vol
19 Page 1 3
The foregoing minutes of the Commissioners Court
meeting held February 1. 2000 have been examined and are
04
approved in open Court this the _04L.: day of S"AX 20AQ,
in Bryan, Brazos County, Texas.
r~ e~- A (-Z Z'
Alvin W. Jones
County Judge
Wm. S. Thornton
Commissioner, Precinct 2
Commissioner, Precinct 1
..4dZ,V~ e/ -
Randy S' s
Commi ioner, Precinct 3
/ 01
L!/
Carey C ley, Jr. Mary n Ward
Commiss oner, Prec'n t 4 County Clerk
Vol 19
Page 1140
..w..• :.LL.cx...aa ~i+w.J+~l.:avd.,.~rmS..e...h4..i~~lil.z.(+:...i r:.~.s..~:......r.'~ri..+~...... _
•
•
0
BRAZOS COUNTY COMMISSIONERS' MEETING ON I-~fj. /~oov
/Y
AT 1 A.M..
l9 l'J!7
(-0(- ld
►"1~C~10.F L
c'M .
!z-0
V 40 n 61AJ6 /f55 o c
r~.s~ ~'-~-w.wn
►~CSO
Z~~J~✓ ~ ~
I J' wG✓Y
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1999-2000 BUDGET YEAR
NO. 99/00 11.1 through 11.2
On this the 166 day of February 2000 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on February 1, 2000 the Court heard and approved a
budget amendment for the 1999-2000 budget year for Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to meet
unusual and unforeseen conditions which could not be reasonably included
in the original budget adopted September 9, 1999 the following
amendment (s) to the original are hereby authorized, as described on the
attached page(s).
ADOPTED AND APPROVED this the 18' day of February 2000.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By. Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
~~.il.~h.:..r.-uly d...i nv.Gn. r...ty ~ "_i i ~,1~ ~'`~`t A:.• y
:..ir., `1. :.al...s..l:.. ..~..:.`#5:.......ik:1:1 .'~..~lJ.e:.~.r:hi::. .u. 3~x•::.".ya,~:w~:v:s~:...tJ_ ~.tt= :sr.a7_~ ~ x
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 99/00-11.1
2/1/00
•
•
1/ 1I
u
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 170001 601700 Dr. Copier Supplies 500.00
01 170001 650500 Cr. Building Maintenance 500.00
Building Maintenance
To setup the expenditure line item Copier Supplies and to reclassify budget for anticipated
copier needs for the fiscal vear ending- 9/30/00.
&.Forms/998nd Am ~ -t
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 99/00-11.2
2/1/00
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
222001
606000
Dr.
Office Supplies
1,136.00
01
110015
611300
Cr
Contingency
1,136.00
01
470100
Cr.
Reserve Fund Balance
1,136.00
01
470200
Dr.
Reserve Contingency
1,136.00
361st District Court - Administration
To increase the 1999-2000 budget for funds allowed in the prior year but was not received until
after the fiscal year ending September 30, 1999. Reserve fund balance is being used to transfer funds
for this expenditure into the new year budget through the revenue and exoenditure contineencies_
;I
.j
o:porm./99ane emend A®11
~~..i.irr~+~S.~~.y3+..:....~.;..r.►':v:.0. -1..`•~s;fi.t,?-•..'•~.,Ls.;~='ah.Y.:LU..ylac~dil:.:~rai.~;..~:..'~.i,who,',:.ii.~..~~fnY=.~t4r ,.u;itri 1~
RESOLUTION PROVIDING FOR THE SALE
OF PROPERTY ACQUMM BY THE
COUNTY OF BRAZOS
AT DEL]NQUENT TAX SALE
•
WHEREAS, 55 1/4 Feet by 150 Feet, being the Northwest 1/2 of lots 7, 8 and 9, Block 1, Priddy
Lawrence Resurvey of Chew Addition, Save and Except 5 Feet by 55 Feet off of Lot 7, Granted for
the Widening of 19th Street, City of Bryan, Brazos County, Texas was offered for sale by the Sheriff
of Brazos County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes
by the District Court; and
SEAS, no sufficient bid was received and the property was struck off to the County of Brazos
pursuant to TEX.PROP.TAX CODE §34.01(c); and
WHEREAS, TEX.PROP.TAX CODE §34.05(a) provides that we may accept a sufficient bid. A bid
of ONE THOUSAND AND NO HUNDREDTHS DOLLARS ($1,000.00) has been made by Beverley
Scott, and
THEREFORE, BE IT HEREBY RESOLVED by the Brazos County Commissioners' Court that the
County Judge is hereby authorized to convey 55 1/4 Feet by 150 Feet, being the Northwest 1/2 of lots
7, 8 and 9, Block 1, Priddy Lawrence Resurvey of Chew Addition, Save and Except 5 Feet by 55 Feet
off of Lot 7, Granted for the Widening of 19th Street, City of Bryan, Brazos County, Texas to
Beverley Scott for the sum of ONE THOUSAND AND NO HUNDREDTHS DOLLARS ($1,000.00)
payable to the Tax Assessor-Collector for distribution as provided by law.
PASSED, APPROVED AND ADOPTED THIS day of 24A!~ .ait.7 ,
I". Z000.
VOL... •9 A j
0
Cdanty Co over, PrW
i
PROPOSAL # 99-050
DOCUMENT IMAGING TAB SHEET
The Software Group $ 411,500.00
lkon $ 130,145.00
Government Records $ 233,075.00 !
DynaSource $ 167,924.00 i
Hart Information $ 187,435.00 I
I
Document Imaging Committee Recommendation = DynaSource
DynaSource Is the best vendor who most closely meets
the needs of Brazos County
I10L."j-9 jq~
l
d
i
i '
t
~•~t.}.~uy M iA _1~.~ J_A_ a •~...it ..L.A._. ..Y '_i: i/~a.~~AY~~..J'✓..f.~. s.AU./...._eaAl4ru~..a' Caw' . ~.~.~_r_~~_..
L
I
I
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 65 0010
DATE OF COURT MEETING: February 1.2000
ITEM: Request permission to enter O L Pate's property located off Ferrill Creek Road
for the purpose of removing approximately 1000' of fence to clear brush and reshape
carve in roadway for better site distance Signed permission form is attached Site is
located in Precinct 2
SOURCE OF FUNDS: N/A
1. NOTES /EXCEPTIONS:
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMITT D BY: APPROVED BY:
Richard F. Vance, P.E. Commissioner William S. Thornton
County Engineer Precinct 2
0000-015
Approvede/DeniedO by Commissioners' Court
Date: 2 - I - o 0
Alv n W. Jones, C my Ju ge
VQL".J.2,.~ML 141 -
C~
r I
f
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Min W. Jones
cwtiy Judge
Tony Jones F e
Commissioner Pet I J~ 9
w iiAsim S. Thornton
Commissioner Pet 2
Randy Sims snrocto~t
Commissioner Pot 3
Carey Cauby
Commissioner Pct 4
.4
Date 1-24-00
1. LAND OWNER AND ADDRESS 0. L. Pate
11383 Ferrill Creek Road
Bryan, Texas
11. LOCATION OF WORK Ferrill Creek Road
111. DESCRIPTION OF WORK TO BE DONE Permission to enter property for the
i purpose of removing approximately 1,000 feet o ex st ng fence line to
clear brush and soften curve for site distance. Fence line will be replaced
at agreed upon location in the curve and the remaining fence line will be
replaced at its existing location.
. t
IV. MAINTENANCE YES NO x
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
(Owner wil notified rior to maintenance
f ~G/~ iL+' Gtr.
Richard F. V , P.E. Engineer Aide/Fore i
County En &r
OWNER'S SIGNATURE DATE
1 ~.:.bi.t~ila=t.~s~"i•.;i..isr.i.C.::.s..L•,.vti:~...t...:x~~r.x_:~. =t+y.. ~,'''3 'J a~+' _ ~ -
1A
i
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: February 1. 2000
f~ ITEM: Consider and take action on re-adoption of the revised Flood Damage
Prevention Ordinance for Brazos County. Texas.
SOURCE OF FUNDS: N/A
1. NOTES/EXCEPTIONS:
II. ACTION REQUESTED OR ALTERNATIVES:
SUM ED BY: APPROV B,Y:
Richard F. Vance, P.E. Commissi n " Tony Jones
County Engineer Road and Bridge Liaison
0000-016
ApprovedE(//Denied❑ by Commissioners' Court
• Date: L - I . o0
Alvin W. Jones, unty Judge
• f
60.3 (d) Revised as of February 1 , 2000
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1
STATUTORY AUTHORIZATION. FINDINGS OF FACT. PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in V. T.C.A. Texas Water Code. Sec. 16311 et sea
delegated the responsibility of the local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the Commissioners Court of Brazos County, Texas, does
ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Brazos County are subject to periodic inundation which
results in 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 welfare.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood
hazard areas by uses (structures) vulnerable to floods and hazardous to other lands
because they are inadequately elevated, flood-proofed or otherwise protected from flood
damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and
to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
I
5D
viuL.,J.9 .PAq&.L .
E
t•`~ 5..~.~...tii1~:__...-~...n c.. .~..•.*_'i..._.l..cJ«i'.....w7Ls.~,:.3.~i...C,.'1~a: ii~YwL.:i ~.:.~'3_..:~w.Jiww rw~.=.F,~~i `a'Sa`..:~il.-..FSw•....: 15. w.x;:.I~. ...Y.
0
•
t,
•
s
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(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 that potential buyers are notified that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(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 the alteration of natural floodplains, stream channels, and natural pFotecuve
barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase flood
damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
End of Article 1
2
VOL.- Xq_.PAALj51
r
1
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted
to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
ALLUVIAL FAN FLOODING - flooding occurring on the surface of an alluvial fan or similar
landform which originates at the apex and is characterized by high-velocity flows; active
processes of erosion, sediment transport and deposition; and unpredictable flow paths.
APEX - a point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPEAL - a request for a review of the Flood Plain Administrator's interpretation of any
provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING - a designated AO. AH or VO zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to
an average depth of one to three feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year. The area may be designated
as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been
completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A,
AE, AH, AO, Al-99, VO, V1-30, VE or V.
BASE FLOOD - the flood having a one percent chance of being equaled or exceeded in any
given year.
BASEMENT - any area of the building having its floor subgrade (below ground level) on all
sides.
CRITICAL FEATURE - an integral and readily identifiable part of a flood protection system,
without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT - any man-made change in improved and unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING - a non-basement building (1) built, in the case of a building in Zones
Al-30, AE, A, A-99, AO, AH, B. C, X and D. to have the top of the elevated floor, or in the case
of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure
3
art. ~ 5 z
Zlo ~wL.~......~-~...
>e
•
member of the elevated floor elevated above the ground level by means of pilings, columns
(posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored
so as not to impair the structural integrity of the building during a flood of up to the magnitude of
the base flood. In the case of Zones Al-30, AE, A. A-99, AO, AH, B, C. X, and D, 'elevated
building" also includes a building with openings sufficient to facilitate the unimpeded movement
of flood waters. In the case of Zones V1-30, VE, or V. "elevated building" also includes a
building otherwise meeting the definition of "elevated building" even though the lower area is
enclosed by means of breakaway walls if the breakaway walls met the standards of Section
60.3(e)(5) of the National Flood Insurance Program regulations.
EXISTING CONSTRUCTION - for the purposes of determining rates, structures for which the
"start of construction" commenced before the effective date of the FIRM or before January 1,
1975, for FIRMs effective before that date. "Existing construction' may also be referred to as
"existing structure".
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by a
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
FLOOD OR FLOODING - a 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 HAZARD BOUNDARY MAP (FHBM) - an official map of a community on which the
Federal Emergency Management Agency has delineated the boundaries of the flood, mudslide
(i.e., mudflow) related erosion areas having special hazards have been designated as Zone A,
M and/or E.
FLOOD INSURANCE RATE MAP (FIRM) - an official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the base
flood, as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA - any land area susceptible to being inundated by
4
0
water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited, to emergency
preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain ordinance,
grading ordinance and erosion control ordinance) and other applications of police power. The
term describes such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - 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 areas within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - any combination of structural and non-structural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
FLOODWAY (REGULATORY FLOODWAY) - 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 more than a designated height.
FUNCTIONALLY DEPENDENT USE - a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
HIGHEST ADJACENT GRADE - the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of the registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic
5
ma 15 4
' 9
. f
~M +t ,
t
preservation programs which have been approved by the Secretary of the Interior, or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LEVEE - a man-made structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control or divert the flow of water so as
to provide protection from temporary flooding.
LEVEE SYSTEM - a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
LOWEST FLOOD - 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 building's lowest floor;
provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
MANUFACTURED HOME - a structure transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
MANUFACTURED HOME PARK OR SUBDIVISION - a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown
'
•
on a community
s Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - for the purpose of determining insurance rates, structures for which
the "start of construction" commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for
which the 'start of construction' commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent improvements
to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
6
•1
i
construction of streets and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of floodplain management regulations adopted by a
community.
RECREATIONAL VEHICLE - a vehicle which is (1) built on a single chassis; (ii) 400 square feet
or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or
permanently towable by a light duty truck; and (iv) designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel or
seasonal use.
START OF CONSTRUCTION - (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act, Pub. L. 97-348) includes substantial improvements
and means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent '
construction of a structure on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home 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 excavation for basement, footings, piers or
foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor or other structural part of the building,
whether or not that alteration affects the external dimensions of the building.
STRUCTURE - a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost of
restoring the structure to its condition before damage would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - any reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before "start of construction" of the improvement. This includes structures
which have incurred "substantial damage regardless of the actual repair work performed. The
term does not, however, include either.
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary conditions; or
(2) Any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure.'
VARIANCE - a grant of relief to a person from the requirement of this ordinance when specific
ODL,L9 -,..PARM.L5~,
•
•
enforcement would result in unnecessary hardship. A variance, therefore, permits construction
or development in a manner otherwise prohibited by this ordinance, (For full requirements see
Section 60.6 of the National Flood Insurance Program regulations.)
VIOLATION - the failure of a structure or other development to be fully compliant with the
community's floodplain management elevation certificate, other certifications, or other evidence
of compliance required in Section 60.3(b)(5), (c)(4), (c)(10). (d)(3), (3)(2), (e)(4), or (e)(5) is
presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION - the height, in relation to the National Geodetic Vertical
Datum (MGVD) of 1929 (or other datum, where specified); of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
End of Article 2
8
VQ 11 Mi
r
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Brazos
Coun Unincorporated areas).
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIALS OOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in
a scientific and engineering report entitled, "The Flood Insurance Study for Brazos County and
Incorporated Areas", dated 02/09/2000, with accompanying Flood Insurance Rate Maps and
Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby
adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions of this
ordinance.
SECTION D. COMPLIANCE
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.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants
or deed restrictions. However, where this ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body; and
9
VfaL,,l 1_.'.pAqg" 15L.
...a .ti._.-., ..-.a•fr?_a-~~i~~.M.LJ.f~~....._~..~Y.f...al-~a~...a1ta...a.l. ..~:>r~~:..Y..I.. L) .~._l.:.Y.... rr•~
,ice
(3) deemed neither to limit nor repeal any other powers granted under State statutes
SECTION G. WARNING AND-DISCLAIMER OF LIABILITY
•
•
i
I
The degree of flood protection required by this ordinance 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 ordinance does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the community or any official or employee
thereof for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
End of ARicle 3
10
~L X I. Y
i
t . ~r
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The County Engineer is hereby appointed the Floodplain Administrator to administer and
implement the provisions of this ordinance and other appropriate sections of 44 CFR (of the
National Flood Insurance Program Regulations) pertaining to floodplain management.
SECTION B. DUTIES A RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to,
the following:
(1) Maintain and hold open for public inspection all records pertaining to the provisions of
this ordinance.
(2) Review permit application to determine whether proposed building site, including the
placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by adoption
of this ordinance.
(4) Review permits for proposed development to assure that all necessary permits have
been obtained from those Federal , State or local governmental agencies (including
Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334) from which prior approval is required.
(5) 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 Floodplain Administrator shall make
the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency
which is the Texas Natural Resources Conservation Commission, prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal
Emergency Managemert Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Article 3,
Section B. the Floodplain Administrator shall obtain, review and reasonably utilize any
base flood elevation data and floodway data available from a Federal. State or other
11
V0 I aar.~
•Yn.-• - d•. ».t~~.~......~:,a.:._~.~+r.%w ~.Y„...+_~ ,...u:: ~.........,_•4v~::.._aG .i.}~i:.:.:Gn.)+i».....~`ctc;i.•%r~:w:'.JJ:L~::.~~:.~T.-._'~..~.._. _',1:_...,_..i
i
source, in order to administer the provisions of Article 5.
(9) When a regulatory floodway as not been designated, the Floodplain Administrator must
require that no new construction, substantial improvements or other development
(including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM,
unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point within the
community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program (NFIP)regulations, a community may approve certain development
in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface
elevation of the base flood by more than one foot, provided that the community first
applies for a conditional FIRM revision through FEMA.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the Floodplain Administrator
on forms furnished by him/her and may include, 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, including the placement of manufactured
homes, and the location of the foregoing in relation to areas of special flood hazard.
Additionally, the following is required:
a. Elevation (in relation to mean sea level) of the lowest floor (including basement)
of all new and substantially improved structures;
b. Elevation (in relation to mean sea level) to which any nonresidential structure
shall be flood-proofed;
,4
•
C. A certificate from a registered professional engineer or architect that the
nonresidential flood-proofed structure shall meet the flood-proofing criteria of
Article 5, Section B(2);
d. Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development;
e. Maintain a record of all such information in accordance with Article 4, Section
(2) Approval or denial of a Development Permit by the Floodplain Administrator shall be
based on all of the provisions of this ordinance and the following relevant factors:
a. The danger of life and property due to flooding or erosion damage;
12
r
b. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner,
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
f. The cost of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
g. 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;
h. The necessity to the facility of a waterfront location, where applicable;
1. 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 comprehensive plan for that area.
SECTION D. VARIANCE PROCEDURES
(1) The Appeal Board as established by the community shall hear and render judgement on
requests for variances from the requirements of this ordinance.
(2) The Appeal Board shall hear and render judgement on an appeal only when it is alleged
there is an error in any requirement, decision or determination made by the Floodplain
Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such
decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon
request.
(5) Variances 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 ordinance.
(6) Variances may be issued for new construction and substantial improvements to be
i~
t
13
• ~ .w gyn.. 4 . ~ c.+... L ...Y :.J r...., . a
u
•
r~
erected on a 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
factors in Section C(2) of this Article have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification required for issuing the
variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the
Appeal Board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this ordinance (Article 1, Section 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) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
a. Variances shall be issued only upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief. ,
b. Variances shall only be issued upon (1) showing a good and sufficient cause; (ii)
a determination that 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 ordinances.
C. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the
base flood elevation, and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (1) the criteria outlined in Article 4. Section D(1-9) are met,
and (ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
End of Article 4
14
ARTICLE 5
- e_
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems into
flood waters; and
(7) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in (1) Article 3, Section B. (ii) Article 4, Section B(8), or (iii) Article 5, Section C(3), the
following provisions are required:
(1) Residential Construction - new construction and substantial improvements of any
residential structure shall have the lowest floor (including basement) elevated to or
above the base flood elevation. A registered professional engineer, architect or land
surveyor shall submit a certification to the Floodplain Administrator that the standard of
this subsection, as proposed in Article 4, Section C(1)a, is satisfied.
15
%10 I W j
b
S•
t
' i
rl N
•
(2) Nonresidential Construction - new construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest floor
(including basement) elevated to or above the base flood level or together with
attendant utility and sanitary facilities, be designed so that below the base flood level the
structure is watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall develop and/or review structural design, specifications, and plans for the
construction, and shall certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this subsection. A record
of such certification which includes the specific elevation (in relation to mean sea level)
to which such structures are flood-proofed shall be maintained by the Floodplain
Administrator.
(3) Enclosures - new construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of flood waters. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or meet or exceed the
following minimum criteria:
a. A minimum 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;
b. The bottom of all openings shall be no higher than one foot above grade;
C. Openings may be equipped with screens, louvers, valves or other coverings or
devices provided that they permit the automatic entry and exit of flood waters.
(4) Manufactured Homes -
a. Require that all manufactured homes be placed within Zone A on a community's
FHBM or FIRM shall be installed using methods and practices which minimize
• flood damage. For the purposes of this requirement, manufactured homes must
be elevated and anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable State
and local anchoring requirements for resisting wind forces.
b. Require that manufactured homes that are placed or substantially improved
within Zones Al-30, AH, and AE on the community's FIRM on sites (I) outside of
a manufactured home park or subdivision, (ii) in a new manufactured home park
or subdivision, (iii) in an expansion to an existing manufactured home park or
subdivision, or (iv) in an existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial damage' as a result of a
flood, be elevated on a permanent foundation such that the lowest floor of the
16
:VOL "1 q~„~A~~ I 5 Dal"
0
manufactured home is elevated to or above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
C. Require that manufactured homes be placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones Al-30, AH and
AE on the community's FIRM that are not subject to the provisions of paragraph
(4) of this section, be elevated so that either (1) the lowest floor of the
manufactured home is at or above the base flood elevation, or (ii) the
manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement.
(5) Recreational Vehicles - require that recreational vehicles placed on sites within Zones
Al-30, AH and AE on the community's FIRM either (1) be on the site for fewer than 180
consecutive days; (ii) be fully licensed and ready for highway use; or (iii) meet the permit
requirements of Article 4, Section C(l), and the elevation and anchoring requirements
for 'manufactured homes" in paragraph (4) of this section. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the site only
by quick disconnect type utilities and security devices, and has no permanently attached
additions.
SECTION C. STANDARD FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with Article 1, Sections B, C and D of this ordinance.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit
requirements of Article 3, Section C; Article 4, Section Q and the provisions of Article 5
of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and other
proposed developments including the placement of manufactured home parks and
subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not
otherwise provided pursuant to Article 3, Section B or Article 4, Section B(8) of this
ordinance.
(4) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood
hazards.
(5) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
17
vo l 9 Aq Wk.
,1~
2
w•~ .
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AOIAH ZONES)
•
Located within the areas of special flood hazard established in Article 3, Section B, are areas
designated as shallow flooding. These areas have special flood hazards associated with base
flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following provisions apply:
•
(3) A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in Article 4,
Section C(1)a, are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on slopes,
to guide flood waters around and away from proposed structures.
SECTION E. FLOODWAYS
•
(2) If Article 5, Section E(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Article 5.
i8
(1) All new construction and substantial improvements of residential structures have the
lowest flood (including basement) elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the community's FIRM (at lease two feet if
no depth number is specified).
(2) All new construction and substantial improvements of non-residential structures; (1)
have the lowest floor (including basement) elevation above the highest adjacent grade
at least as high as the depth number specified in feet on the community's FIRM (at least
two feet if no depth number is specified); or (ii) together with attendant utility and
sanitary facilities be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
Floodways - located within areas of special flood hazard established in Article 3, Section B, 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 shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial improvements
and other development within the adopted regulatory floodway unless it has been
demonstrated through hydrologic and hydraulic analyses performed in accordance with
standard engineering practice that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood
discharge.
6/
f
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided
floodway revision is approved through FEMA.
End of Article 5
.
19
~Ib L-
' r -
r
.:r",i•'.~d• - .:.a,.~,p.~,. .x. _ L.y ,i..Jr -+~r~ ____.~•'~~~.Srbuali~,cLr:..t~iarlA.'IJY~S~.~~~.~~,.r~'pia.'w~:s~J....a?.._.__-,:~5..<aw:.~,. .....1- '
•
1
SECTION A. REVOCATION OF PERMIT
The Floodplain Administrator may revoke a permit or approval issued under the provisions o this
regulation in cases where there have been false statement(, or mi representation( a to a
material fact in the application or plans upon which the permit or approval was based OR
violation(.g) of any 12[gvision of this regulation or any other apj2licable law pertaining to flooding
ad/or flood mitigation.
SECTIONS, VIOLATION AND PENALTIES
Anyperson. firm. comoration or agent who shall violate a provision of the regulation, or fail to
comply therewith or with any of the requirements therefor or who shall erect construct or alter
any structure. or has erected. constructed. altered or repaired a building or structure or in any way
encroach into the regula 0 floodway without approval shall be in violation of this regulation
shall be gui of Contempt of Commissioners Court of Brazos County. Texas. Each person shall
be deemed guilty of a separate-offeaseloreach and everv-dav orportion-thereoLdurina whictranv
1M
20 q
Q ~ IO I
WOL,l
0
It is hereby found and declared by Brazos County that severe flooding has occurred In the past
within its jurisdiction and will certainly occur within the future; that flooding is likely to result in
Infliction of serious personal injury or death, and is likely to result in substantial injury or
destruction of property within its jurisdiction; in order to effectively comply with minimum
standards for coverage under the National Flood Insurance Program; and in order to effectively
remedy the situation described herein, it is necessary that this court order become effective
immediately.
Therefore, an emergency is hereby declared to exist, and this court order, being necessary for
the immediate preservation of the public peace, health and safety, shall be in full force and
effect from and after its passage and approval.
Adopted this day of 2000.
APPROVED.
Commissioner. Precinct 2
Commissioner. Precinct 3
1, the undersigned, Maps Ann Ward . County Clerk do hereby certify that the above is a true and
correct copy of a Court Order duly ted by the Comqissioners Court of Brazos County, at a
regular meeting duly convened on / L D D (date).
Mary A Ward, County Clerk
Brazos County, Texas
($eall
21
iz
•
r
i
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County. and the
Honorable Alvin W. Jones. County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this /.&f. day of A.D. 2000.
Mary Ann d
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this day of
A.D.2000.
Alvin W.
E-1
Tony
Precinct #1
inct #2
Randy SOs, commissioner Precinct #3
Ko'o',: A A ~ - ,.a. - 0
C Cauley Commissioner Prec' cl '
IX Treasurer's Reports for the Month of DECEMBER 1999 and
QUARTER ENDING 12/31/1999
vwlom-.~9 __aWMYWAML~
f
•
d
i
t
i
- 1
DECEMBER 1999 TREASURER'S REPORT
Z
-5
913
~N
1
t
C
FUND NUMBER R NAME
CASH BALANCE
11/30/1999
INCOMING
INVESTED TEXPOOL
INTEREST-DEC.
SUBTOTAL
DISBURSED
CASH BALANCE
12/31/1999
INVESTED
ENDING BAL.
12/31/1999
01 • GENERAL FUND
14,524,456.25
7,961,066.46
36,861.56
22,522,384.21
2,624,981.71
19,897,402.56
17,833,430.35
2,063,972.21
02 • COUNTY HEALTH ENDOWMENT FUN
2,243,479.32
141.47
5,553.88
2,249,174.67
38,053.50
2,211,121.17
2,194,368.31
16,752.86
05 - HEALTH DEPARTMENT
341,128.20
103,948.46
-
445,076.66
99,961.05
345,115.61
345115.61
12 -STATE LATERAL ROAD
106,423.73
. 104.40
308.72
106,836.85
-
106,836.85
66,389.69
40,447.16
1
15 - LAW LIBRARY
82,140.77
3,152.57
85,293.34
1,602.95
83,690.39
83,690.39
16 - APPELLATE JUDICIAL FUND
6,897.52
672.85
-
7,570.37
-
7,570.37
-
7,570.37
17 • ALTERNATIVE DISPUTE RESOLUTN
1,300.00
1,490.00
-
2,790.00
1,300.00
1,490.00
1,490.00
18 • LEOSE FUND
13 971.33
-
-
13,971.33
-
13,971.33
-
13,971.33
19 - COUNTY RECORDS MANAGEMENT
107,548.97
4,174.01
111,722.98
-
111,722.98
-
111,722.98
20 - COUNTY CLERK MGMT.FUND
144 345.28
5,371.55
-
149,716.83
3,901.49
145,815.34
-
145 815.34
22 - COURTHOUSE SECURITY FUND
326 013.38
6,177.89
332,191.27
10,605.99
321,585.28
321,585.28
25 • SPECIAL FORFEITURE FUND
4,326.43
11.20
-
4,337.63
-
4,337.63
4,337.63
28 - VOTER REGISTRATION
33,289.65
0.02
155.49
33,445.16
-
33,445.16
33,438.14
7.02
29 • VIT INTEREST FUND
55,526.87
42.88
182.00
55,751.75
-
55,751.75
39,140.00
16,611.7S
30 - COUNTY GRANTS
17 989.04
108,008.52
-
125,997.56
141,591.04
15,593.48
-
15,593,48
42 - M.S.J. EXPANSION
5,517,401.55
43,260.33
9,447.99
5,570,109.87
409,776.00
5,160,333.87
4,989,303.80
171,030.07
43 - COURTHOUSE IMPROVEMENT
378 271.24
57.26
1,663.84
379,992.34
2,515.72
377,476.62
357,810.20
19,666.42
45 - GEMPERMANENT IMPV.
4 347 795.43
-
-
4,347,795.43
386,875.10
3,960,920.33
3,930,583.13
30 337.20
47• ROAD & BRIDGE PROJECTS
'
48 - RIGHT OF WAY
663,833.90
-
3,089.04
666,922.94
3,035.04
663,887.90
653,105.47
10,782.43
49 - CeorrAL ROADS - R&B
763,357.30
3,441.53
766,798.83
67,165.00
699,633.83
680,764.14
18,869.69
50 - HEALTH & LIFE INSURANCE
1,646,639.16
261,984.92
5,019.50
1,913,643.58
305,425.06
1,608,218.52
1,079,448.68
528,769.84
60 - PAYROLL
94,746.08
1,161,803.29
-
1,256,549.37
778,332.06
478,217.31
478,217.31
75 - BAIL BOND BOARD FUND
58,360.00
651.10
-
59,011.10
36.00
58,975.10
58,975.10
90.ByC,
40,50556
•
-
j
p ~{y
py•'.'(,YtiT '•7d
40,505.56
r- R,
02 'r:`~1~~J
y26,041.24
FT f+. lu.„
14,464.32
F 'i
.
14,464.32
4.
41- GEN.OBUG.DEBT SVC. 2,069,705.25 -
2,961.26
2,072,666.51
411,807.50
1,660,859.01
1,645,963.36
14,895.65
77
7777 717,
TOTAL 33,589,452.21 9,662,119.18
68,684.81
43,320,256.20
5,313,006.45
38,007,249.75
33,503,745.27
4,503,504.48
This report Is submitted as true and correct to Commissioners Court by Brazos County Treasurer, on
1 J )
r. ,
i
r
t
G
II
'I
t
OUARTER ENDING 12-13-1999 TREASl1RFR'S RFDART
FUND NUMBER & NAME
CASH BALANCE
09/30/1999
INCOMING
PER QUARTER
INVESTED TEXPOOL
INTEREST - QTRLY.
SUB-TOTAL
DISBURSED
PER QUARTER
CASH BALANCE
12/31/1999
INVESTED
AT QTR.END
ENDING BAL.
12/31/1999
01- GENERAL RIND
15,111,556.64
12,994,708.61
99,391.92
28,205,657.17
8,308,254.61
19,897,402.56
17,833,430.35
2,063,972.21
02 • COUNTY HEALTH ENDOWMENT RUN
2,230,734.73
4,806.36
13,633.58
2,249,174.67
38,053.50
2,211,121.17
2,194,368.31
16,752.86
05- HEALTH DEPARTMENT
350,708.04
242,671.18
-
593,379.22
248,263.61
345,115.61
-
345,115.61
12 - STATE LATERAL ROAD
80,562.05
25,380.55
894,25
106,836.85
-
106,836.85
66,389.69
40,447.16
15 - LAW LIBRARY
75,504.75
9,788.59
-
85,293,34
1,602.95
83,690,39
-
83,690.39
16 - APPELLATE JUDICIAL FUND
11,651.52
2,091.81
-
13,743,33
6,172.96
7,570.37
7,570.37
17- ALTERNATIVE DLSPUTERESOLUTN
1,730.00
9,530.00
-
11,260.00
9,770.00
1,490.00
-
1,490.00
18 - LEOSE FUND
18,503.13
-
-
18,503.13
4,531.80
13,971.33
-
13,971.33
19 - COUNTY RECORDS MANAGEMENT
104,359.93
15,641.72
-
120,001.65
8,278.67
111,722.98
-
111,722.98
20 - COUNTY CLERK MGMT.FUND
142,081,92
16,229,37
-
158,311,29
12,495.95
145,815.34
-
145,815.34
22 - COURTHOUSE SECURITY FUND
320,076.09
21,544.56
341,620.65
20,035.37
321,585.28
-
321,585.28
25 - SPECIAL. FORFEITURE FUND
4,290,48
47.15
-
4,337,63
-
4,337.63
-
4,337.63
28 - VOTER REGISTRATION
33,238.67
2.12
450.37
33,691,16
246.00
33,445.16
33,438.14
7.02
29 - VIT INTEREST FUND
52,985.24
2,239,31
517.20
55,751.75
-
55,751.75
39,140.00
16,611,15
30 - COUNTY GRANTS
29,427.90
358,878.26
-
329,450.36
345,043.84
(15,593.48)
15,593.48)
42- M.SJ.EXPANSION
6,135,005.50
43,310.66
34,591.71
6,212,907.87
1,052,574.00
5,160,333.87
4,989,303.80
171,030.07
43 - COURTHOUSE IMPROVEMENT
402,996.12
418.05
4,819.51
408,233.68
30,757.06
377,476.62
357,810.20
19,666.42
45 - GEN,PERMANENT IMPV.
4,322,298.22
350,000.00
-
4,672,298.22
711,377.89
3,960,920.33
3,930,583.13
30,337.20
47• ROAD & BRIDGE PROJECTS
4,980.94
4,980,94
-
-
-
-
-
48 - RIGHT OF WAY
780,280.45
144.22
9,468.97
789,893.64
126,005.74
663,887.90
653,105.47
10,782.43
49 - CAPITAL ROADS - R&8
895,607.34
586.77
10,727.97
906,922.08
207,288.25
699,633.83
680,764.14
18,869.69
50 - HEALTH & LIFE INSURANCE
1,535,089.96
783,094,33
14,539.81
2,332,724.10
724,505.58
1,608,218.52
1,079,448.68
528,769.84
60-PAYROLL
71,791.12
2,872,044.13
-
2,943,835.25
2,465,617.94
478,217.31
478,217,31
75 • BAIL BOND BOARD FUND
57,338,78
1,733.94
59,072.72
97.62
58,975.10
58,975.10
90-BV000
9,075.36
0 Y
67,123.85
6 9
-05 29n
76,199.21
U50~29` 9 9Z
61,734.89
~14z381. 0 .7~
14,464.32
' ¢,3, 9a
Q ~91k
14,464.32
41- GEN.OBLIG.DEBT SVC.
2,060,626.51
47.29
11,992.71
2,072,666.51
411,807.50
1,660,859.01
1,645,963.36
14,895.65
TOTAL
34,773,683.71
17,827,043.77
201,038.00
52,801,765.48
14,794,515.73
38,007,249.75
33,503,745.27
4,503,504.48
I This report Is submitted as true and correct to Commissioners Court by Brazos County Treasure
r, on
THIS
PAGE
LEFT
BLANK
INTENTIONALLY
a
VOL-ft PAGE j q4