Editor's note—Printed herein is Ordinance No. 218, as adopted by the city council on April 28, 1969. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, capitalization, citation to state statutes, and expression of numbers in text has been used to conform to the Code of Ordinances. Additions made for clarity are indicated by brackets.
AN ORDINANCE RELATING TO THE PARTICIPATION OF THE CITY OF ROCKPORT WITH THE NATIONAL FLOOD INSURANCE PROGRAM.
WHEREAS property owners in the City of Rockport, Texas, have evidenced a positive interest in securing flood insurance coverage under the National Flood Insurance Program (hereinafter referred to as the "program") under the National Flood Insurance Act of 1968, 42 U.S.C. 4001-4127, and it appears to the best interest of the property owners in the City of Rockport, Texas, for the City Council of the City of Rockport, Texas to proceed to satisfy the requirements for eligibility for flood insurance coverage and to meet the grounds for priority in the conducting of rate making studies and investigations,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKPORT, TEXAS:
The Federal Insurance Administrator, Department of HUD, 451 Seventh Street, S.W., Washington, D.C. 20401 be notified by the Mayor of this City:
(a) 
That property owners in the City of Rockport, Texas, have evidenced a positive interest in securing flood insurance coverage under the "program,";
(b) 
That there is a recognized public need for flood insurance;
(c) 
That public and private flood plan management activities have been instituted as follows:
PUBLIC
(a) 
The City of Rockport, Texas, entered into a contract with the firm of Harland Bartholemew and Associates, consulting engineers, for the development of a master plan for the City of Rockport, Texas. The contract was signed on the 28th day of April, 1969, and the engineers have made two reports to date and are in process of preparing their final report. They are to be asked to review their proposed final report in view of the requirements of the National Flood Insurance Act of 1968 and to make such revisions and additions to their final report as they deem advisable to assisting Rockport to become eligible for flood insurance coverage.
(b) 
The City of Rockport, Texas, is now considering the annexation of the marina type subdivision. The developer has requested annexation and an annexation petition is being prepared for the consideration of the City Council. The City's engineer is being instructed to review the design of the subdivision to see if the design will meet the criteria for land management and use required in connection with the National Flood Insurance Program. The City's engineer will be given the same instructions as to any new subdivision.
PRIVATE
At a recent meeting of a citizens advisory committee of Rockport property owners (the meeting called to discuss flood insurance) it was agreed that there was a definite need for flood insurance and that property owners in the City of Rockport should cooperate with City officials in obtaining flood insurance coverage through the Department of Housing and Urban Development.
(d) 
That the City Council of the City of Rockport, Texas, is willing to take such other official actions as may be necessary to carry out the objectives of the program;
(e) 
That by June 30, 1970, permanent land use and control measures will have been adopted by the City Council of the City of Rockport, Texas, which are consistent with such criteria for land management and use as may be developed by the Secretary of the Department of Housing and Urban Development from time to time and that the application and enforcement of such measures will commence as soon as technical information on flooding and on controlling flood elevations is available.
That in the event insurance under the program is made available to the property owners in the City of Rockport, Texas, the Mayor of this City, as the duly authorized official thereof, shall report annually to the Secretary of the Department of Housing and Urban Development as to what progress has been made in the development and implementation of its flood plan land use and control measures.
The administrative staff of the City of Rockport, Texas, is to immediately review all pertinent ordinances and regulations and recommend the adoption of new ordinances and regulations or the amendment of existing ordinances and regulations which, to the maximum extent feasible, will:
(a) 
Constrict the development of land which is exposed to flood damage where appropriate;
(b) 
Guide the development of proposed construction away from locations which are threatened by flood hazards;
(c) 
Assist in reducing damage caused by floods; and
(d) 
Otherwise improve the long-range land management and use of flood-prone areas.
The City Council of the City of Rockport, Texas, by the adoption of this ordinance represents to the Secretary of the Department of Housing and Urban Development that it will:
(a) 
Provide by appropriate ordinances or resolutions land use restrictions based on probable exposures to flooding, and that the intent of such ordinances or resolutions will be to encourage only that development of flood-prone areas which is appropriate in light of the probability of flooding and which represents an economic use of the land, and to discourage all other development. (Prior to the City Council adopting such a measure to obligate itself to undertaking public information and education programs designed to promote public acceptance and use of sound floodplain management practices.)
(b) 
In addition to such land use restrictions as may be appropriate in view of the variation in exposure to flood damage throughout the city, it will adopt such subdivision regulations as may be necessary (1) to prevent the inappropriate use of flood-prone lands; (2) to encourage the appropriate location and elevation of public utilities and facilities, such as streets, sewers, gas, electricity and water systems; and (3) to provide for adequate drainage so as to minimize exposure to flood hazards.
(c) 
That it will adopt applicable ordinances, codes and regulations which will require the proposed development in flood-prone areas (1) will not create unhealthful areas of pondage in flooding situations; (2) will assure structural safety so as to prevent flotation and collapse; (3) will assure the adequacy of sewerage and water systems such that they will not be adversely affected by flooding; and (4) will encourage the flood proofing, to the maximum extent practicable, of all proposed improvements.
(d) 
That all such flood plan land use and control measures will contribute to overall community social and economic development goals by (1) diverting unwarranted and inappropriate development away from flood-prone areas; (2) encouraging flood control and flood damage abatement efforts through public and private means; (3) deterring the inappropriate development of public utilities and public facilities in flood-prone areas and (4) regulating the use of the floodway so as to prevent significant restrictions of its carrying capacity.
(e) 
That the planning and decision-making process for formulating overall community social and economic development goals and for adopting related flood plan land use and control measures will include consideration, among others, of the following factors; (1) the availability of lands outside flood-prone areas for needed development; (2) the location of special flood hazard areas and the opportunities for their use for private and public open space purposes; (3) the possible adverse influence of development on others in the flood-prone area; and (4) the opportunities for flood proofing the [in] relation to the flood hazard.
(f) 
That its applicable flood forecasting, flood emergency preparedness, and flood control and flood damage abatement programs will be coordinated with relevant regional, State and Federal programs.
PASSED BY AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COUNCIL on the 28th day of April, 1969.
APPROVED by the Mayor Pro Tem of the City of Rockport, Texas, on this the 28th day of April, 1969.