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Ordinance 1977-08 ORDI NANCE NO. 77-8 AN ORDINANCE ESTABLISHING FLOOD HAZARD PREVENTION REGULATIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE, TEXAS, OR WITHIN ITS EXTRA-TERRITORIAL JURISDICTION7 CONTAINING CERTAIN DEFINITIONS 7 PROVIDING FOR GENERAL PROVISIONS INCLUDING ES- TABLISHMENT OF DEVELOPMENT PERMIT7 PROVIDING FOR ADMINISTRATION; PROVIDING FOR PROVISIONS FOR FLOOD HAZARD REDUCTION7 PROVIDING FOR A PENALTY7 PROVIDING A SEVERABILITY CLAUSE7 AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: , On and after the passage of this Ordinance, any person, firm or corporation seeking approval of any plat, plan or replat of any subdivision of land within the corporate limits of the City of Wylie or within its jurisdiction shall be required to comply with the requirements of Ordinance # 71-11 and all subsequent amendments and this Ordinance before such approval may be granted, to-wit: ARTICLE I Section A Section :3 Section ,-. '-' Section D ARTICLE 2 ARTICLE 3 Section A Section B Section .., .~ Section D Section E Section F Section r"' \:1 A..'q-TIC LE 4 Section A See tion B Section l~ Section D ARTICLE: 5 Sec.tion A Section B I. 2. 3. Section C ARTICLE: 6 Sect.ion A Section B Section C Section D Section E FLOOD HAZAHD PREVENTION ORDINANCE OUTLINE STATUTORY AUTHORIZATION, FINDING OF FAC'r, PURPOSE AL'ID OBJECTI IlES . . . . . . . . . . . . . . . . . . . . . . . . . . . .l B Statutory Authorization...........................lB Findings of Fact...................................13 Statement of Purpose............................ ...1B Ob j ec::ti ves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B DE.F'INI'rIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B GENER.1\L PROVISIONS......... . . . . . . . . . . . . . . , . . . , . . . .5B Land To Which This Ordinance Applies..............5B Basis For EstabliShing The Areas Of Special F 1 oOl"l ~Iaz ard.. . . . . . . . . . . . . . . . . . . . . . . . _. . . . . . . . . . . . . . 5 B Establishment Of Development Permit...............5B CampI i ance... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . _. . . .. . -e . . . 5 B Abrogation And Greater Restrictions...............5B Interprei.:.ation. . . . . . . . . . . . . . . . . . . . tI . . . " . .. . . . . . . . . . SB Warning And Disclaimer Of Liability...............5B AD~lINISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6B Designation Of Local Administrator................6B Duties And Responsibilities.......................6B Permi t Proced.ures................"................." 6B Variances Proceclures.............................. 7B PROVISIONS F::)R FLOOD HAZAlW REDUCTION.....,..... .,9B z}er1eral Stand,a.rd.s..................... 111 " . . . . . . " . . . .. 9B Specific Standards................................9B Residential:onstruction.... . . . . . . .. .... .. .. ... . . .9B Non--residential ::;onstruction.................... .10B Mobil e I-Iom.as...... '. . . . " . . . . . . . . . . . . .. . . . " . . . . . " . . .1 DB Standards For Subdivision Propo.3al:3............. .10B OTHER REQUIREMENTS..... . . . . . . . . . . . . . . . . . . . . . . . . . .11 B ChangecS And Variations ..........................11B Penalty..........................................l1B All Conflicting Ordinances Repealed..............11B Severability.................................... .lIB Effective Date...................................12B FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in Art. 8280-13 VACS delegated the responsibility to local genvermental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Wylie, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (I) The flood hazard areas of the City of Wylie 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 fleod losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by use.s vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE I-t is the purpose of this ordinance to promote the public health, safety and general -welfare and to minimize public harm and private losses in special flood hazard areas with provisions designed to: (I) Restric.t or prohibit uses that are dangerous to health, safety or property in times of flood, or acuse excessive increases in flood heights or velocities7 (2) Require that uses vulnerable to floods, inclUding public facilities which serve such uses, be protect:ed against flood damage at the time of initial construction 7 (3) Control, in the sense of providing authoritative guidance, the alteration of natural flood plains, their protective barriers and stream channels7 (4) Prevent the construction of barriers which will divert flood INaters and subject other lands to greater flood hazards7 Ib (5) Control, in the sense of authoritative guidance, develop-- ment which would cause greater erosion or potential flood damage such as grading, dredging and excavation. SECTION D. OBJECTIVES The objectives of this ordinance are: (I) To protect human life and property exposed to the hazards of flooding7 (2) To ensure that potential property O'Nners are notified if property is in a special flood "hazard area; (3) To minimize the need for rescue and relief efforts associated ...vi th flooding and generally undertaken at the expense of the general Plblic: (4) To minimize prolonged business interruptions7 (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and se~rer lines, streets and bridges located in special flood hazard areaS7 (6) To minimize expenditure of future public money for costly flood control projects. AR'rICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted Jeo give them the meaning they have in common usage and to give this ordinance its most reasonable application. Appeal--means a request for a review of the City Manager's interpretation of any provision of this ordinance or a request for a variance. Area Of Shallow Floodinq---means a designated AO Zone on a corrununi ty IS Flood Insurance Rate Map (FIID~) 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 in unpredictable and indeterminate, and where velocity flow may be evident. Area of Special Flood H~zard--is the land in the flooj plain within a community subject to a one percent or greater chance of flooding in any given year. Base E..lood--means the flood having a one percent chance of being equalled or exceeded in any given year. 2b Developmen-t--means any man--made change to improve or improved real estate, including but not himited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Existinq f10bile Horne Park or ~bile Home Subdivision-=-_means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lo.t on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before -the effec.tive date of this ordinance. Expansion To An Existil}SLlvbbile Home Park__Q..:[.J':1Obile Home Subdivisjon.-- means the preparation of additional 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 concre.te pads, or the construction of streets). Fld>o~t O!:-E!ooding--means a general and temporary condition of partial or- complete inudation of normally dry land areas from: (1) The o',erflo"i,v of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. FloQg_!i9.~9.rd BQ.undaU_Map __(EI.:!1?J~12.::.=.means an offici al map of ::i community, on which the Federal Insurance "<\.dministration has delineated bo th the areas of special flood hazards and the risk premium zones applicable to the community. Flood I:t}2.uraq9..~._~"!::!!qy--is the official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood !iazard Boundary-Floodivay Map. Floo<l~~---means the channel of a river or other -watercourse and the adj acen.t land areas that must be reserved in order to discharge the base flood ,,vi thout cumulatively increasing the water surface elevation more than one foot. Habitalb~_Elqq~--means any floor usable for living purposes, which includes working, sleeRing, eating, cooking or recreation, or a combination thereof. floor used for storage purposes only is not a "habitable floor". Mean Sea Level--means the average height of the sea for all stages -o-E-thetide:- Moh!!.~)iQf!!'~---means a structure, transportable in one or more sec:tion~, which is built on a permanent found;:ltion when connected to the required utili ties. It does not include recreational v'ehicles or travel trailers. 3b New Mobile HqI-,l~_Ea~k o~__t1QQ..!.le Home_Subdivisiol1.--means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of fac- ilities for servicing the lot on which the mobile home is to be affixed (including, ~at a minimtlln, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. S-tart of Construction---means the first placement of permanent con-- struction ofastructure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling7 nor does it include excavation for a basement, foo.tings, piers or foundations or the erection of temporary forms 7 nor does it in-- clude the installation on the property of accessory buildings, such as garages or sheds not occupied as d'Nelling uni ts or not as part of the main structure. For a struc.ture (other than a mobile home) without a basement or poured footings, the"start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile hor:1es not wi thin a mobil,:= home park or :nobile home subdivision, "start of construc-tion" means the affixing of the mobile home too its permanent site. For :nobile homes c.v-ithin mobile home parks or mobile home 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 minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation) is completed. St~JJ.Qtur~---means a walled and roofed building that is principally abo~le ground, as well as a mobile home. S'llb~tant~~!_I.r:!ill~Qyement--means any repair, reconstruction, or improve-- ment of a structure, the cost of -..vhich equals or exceeds 50 per- cent of the market value of the structure ej. ther, (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial imprO\lement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external iimensions of~the structure. The term does no-t, hmvever, include either (l) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code spec- ificationswhich are solely necessary to assure safe living con-- ditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Varianc~g--is a grant of relief to a person from the requirements of this ordinance .."hen specific enforcement would resul t in un-- necessary hardShip. A variance, therefore, permits construction or development in a manner otnerwise prohibited by this ordinance. 4b A..~TICLE 3 GENERAL PROVISIONS SEc'rION A. LAl~~ Tq WHICH THIS ORDINANCE APPLIES This ord.inance shall apply to all areas of special flood hazard within the Jurisdiction of the City of Wylie4 SEc'rION B. BASIS FOR ESTABI,I~HING_TI~AR~AS OF _~PEC2I~FLQOD HAZARD The -areas of special flood hazard identified by the Federal Insurance Administration on its FI<:>oQ Tlazard Boundary Map (FHBM), # H-OI-06, dated 11-12-76, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SEc'rION C. E~TABL!~HMENT _QLDEVEI,(~~~~_J;:~g~ r A Development Permit shall be required t:o ensure conformance:l.vi th the provisions of this ordinance4 SEc'rION D. COMPLIAi\JCE No struc.ture 01:' land shall hereafter be located, altered, or have its use c'!1anged wi:t:hout full cOmpliance "vi th the terms of this ordinance and other applicable regulations. SEc'rION E. k'3ROGA~!Q!Lf1NQ_GREA'rER~e.~g!gTIQ_NS This ordinance is not intended to repeal, abrogate,'Jr impair any existing easements, covenants, or deed restrictions. Hmvever, where i:his ordinance and ;:mo.ther. conflic-t or overlap, whichever imposes the moce stringent restrictions shall prevail4 SEC'fION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: considered as minimum requirements7 (2) liberally constructed in favor of the governing bodY7 and (3) deemed neither to limit nor repeal any other pO\vers granted under State statutes. SECTION G. WARNING AND D!SCLAI~~ OF_LIA12!LI~X: The de9ree of flood protection required by this ordinance is considered reasonable for regulatory purposes and 5.s based on scientific and engineering considerations. On rare occasions greater floods can and "ivill occ:ur and flood heights may be in-- creased by man-made or natural causes. This ordinance does not imply that land outside .the areas 0= special floo~l :hazards or uses permitted wi thin such areas 'viII be free from floodL'1g or flood damages. This ordinance shall not create liability on the part of the City of Wylie or any officer or employee thereof for any flood damages that result frorll reliance on this orainance or any administrative decision lawfully made thereunder. 5b ARTICJ..JE 4 AD!'1fImSTRATION SECTION A. DESI1~~:rIQ~LQK_~Qg~ ADMINIS,!,~TO!3: The City Manager is her.eby appointed i:o administer and impl'-':!ment the provisions of this ordinance. SECTION B. DUT~~S A..~ RESPO~~IBILI1.:IES OF _~fi~-'!:QgAL _ADrvfiNISTMTO~ Duties and responsibilities of the Local Administrator shall inculde, bu.t not be li11ited .to: (1) Main.tain and hold open for publ ic inspection all records pertaining to the provisions of this o:::::-dinance; (2) Review, approve or deny all applications for development permits required by Article 3, Section C of this ordinance; (3) RevievlT permits for propo.sed development to assure ,that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prio.r approval is required; (4) Where interpretation is needed as to the exac.t location of the boundaries of the areas of spe:~ial flood 11.azards (for examph:!, where t.here appears to be a conflic.t between a mapped boundary and actual field conditions) the local administrator shall make the necessary interpre-tation. (5) Notify adj acent cOlrrnuni ties and .the 'rexas Water Development Board prior to any alteration or relocation of a water- course, and submit evidence of such notification to the Federal Insurance .~ministration; (6) Assure -that maintenance is provided ,vithin the altered or relocated portion of said v{atercourse so that the flood carrying capacity is not diminished. (7) When base flood elevation data has not been provided in accocdance with Article 3, Section B, the Local Administrator shall obtain, review, and reasonable util ize any base flood elevation data availabll':! from a Federal, State, or other source, in order to administer the provision of Article 5. SEcrrION C. P~RM;r:J:':_)::R0:~QURES (I) Application for- a Develop:nent Permit shall be presented .tothe Local Administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale shm.,ing the location, dimensions, and elevation of pcoposed landscape alterations, existing and proposed struci:ures, and t.he location of the fe>re9oing in relation to areas of spe,~ial flood hazard. Additionally, the follmving information is required ~ 6b a. Elevation in relation .to mean sea level, of the lowest floor (including basemen.t) of all proposed structures; b. Elevation in relation to mean sea level to which any non.-residential structure shall be floodproofed; c. A certificate from a registered professional engineer or architect that the non.-residential floodproofed structure shall meet the floodpra:Ofing criteria of Article 5, Section :3 (2)7 d. Description of the extent to \lThich any watercourse or natural drainage will be altered or relocated as a result of proposed developmen.t. (2) Approval or denial of a Development Permit by the Local Administrator shall be based on all of the provisions of this ordinance and the following relevant fac.tors: 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 the effec.t of such damage on the individual owner 7 c. The danger that materials may be swept onto other lands to the injury of others7 d. The compatibility of the proposed use with existing and anticipated development7 e. The safety of access to the property in times of flood for ordinary and emergency vehicles7 f. The costs of providing governrnen.tal 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 ac.tion, if applicable. expected at the site7 h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative lOcation.:;, no.t subject to flooding or erosion damage, for the proposed use7 j. The relation:;;hip of the propo.sed use to the compre- hensive plan for that area. SECTION D. VAR.IANCFd~_1:ROC!'lQ"Qg~~ (I) The Planning & Zoning Comnission as established by 7b .the City of Wylie shall hear and render jUdgemen.t on requests for variances from the requirements 0= this ordi- nance.. (2) The Planning & Zoning Crnnrnission 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 Local Administrator in the enforecernemt or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Planning & Zoning Commission may appeal such decision to the City Council as set out in Acticle 6, Section A. (4) The Local Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request. (5) Variances may be issued for the reconstruction, re~ habilitation or resporation 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 issued for ne..v construc"tion and substantial improvements to be 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, pribviding 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 faci.:ors noted above and the intent of this ordinance, the Planning & Zoning COQffiission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objecl:ives of this ordinance (Article I, Sections C and D). (8) Variances shall not be issued ,..,i thin any designated flood-- way if any increase in flood levels during the base flood discharge '.NOuld result. (9) Prerequisites for granting variances; a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flomd hazard, to afford relief. b. Variances shall only be issued upon (i) a shO\ving of go~j and sufficient cause, (ii) a determination that failure .to grant the variance would result in except- ional hardship to the applicant, and (iii) a deterinination 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 8b conflict with existing local laws or ordinances. c. A:r"J.Y applicant to ivhom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation one foot belalv the base flood evevation, and that the cost of flood insurance will be commensurate with the i:'1creased risk resulting from the reduced lo,tlest floor elevation. ARTICLE 5 PRrrVISIONS FOR FLOOD HAZARD RED1JCTION SECTION A. GENE~~NDARJ2e In all areas of special flood hazards the folloiving provisions are required: (I) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure 7 (2) All new construction or substantial improvements shall be construc.ted by methods and pract:ices that minimize flood damage7 (3) All ne~v construction or substantial improvements shall be construc.ted with materials and utility equipment resistant to flood damage; (4) All new and replacement water supply systems shall .oe designed to minimize or eli.minate infiltration of flood waters into: the system; (5) New and replacement sanitary sewage systems shall be designed to r:linimize or eliminate infiltration of floo-i waters into .the system and discharges from the systems into flood waters7 and, (6) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flood.ing. SECTION B. SPECIFI~_S~A~ARDS In all areas of special flood hazards \vhere base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B, (7), or (iii) Article 5, Section D, (3) the fOllowing provisions are required: (1) Residential Construction-- New Construction or substantial improvement of any residential struc.ture shall have the lOI.vest floor, including basement, el.evated to or above the base flood el'evation. A registered professional engineer, archi tect, or land ::mrveyor shall submit a 9b certification to the Local Administrator that the standard of this subsection, as proposed in Article 4, Section C (1) (a), is satisfied. (2) Non-residential Construction -- New Construction or substantial improvement of any corronercial, industrial or other non-residential struc-ture shall either have -the lmvest floor, including basement, elevated "to the level of the base flood elevation or, together with attendent utility and sanitary facilities, be floodproofed so t.hat belm" the base flood level the structure is \vater tight with walls substantially impermeable to -the passage of water and 'N"i th st.ruci:ural componen ts having the capability of resisting hydrostatic and hydrodynamic loads and effec-l:s of buoyancy. A registered professional engineer or architect shall submit a certification to the Local Administrator that the standards of this subsection as proposed in Article 4, Section C (1) (c), are satisfied. (3) Mobile Homes _ a. No mobile home shall be placed in a floodway, or if applicable, a coastal high hazard area, except in an eXisting mobile home park or existing mobile home subdivision. b. All mobile homes shall be anchoq;d to resist flotation, collapse, or lateral movement. Specific require-- ments shall be: (i) over-the--top ties at each of the four corners of the mobile home, wi th two additional ties pf-;r side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties at each corner of the home with five additional ties per side at intermediate points and mobile homes l,ess 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 mobile home be similarly anchored. SECTION C. STA~~~~)f.OR SUBD-r.YI~IJ..r;LJ:goPOSAL9. (1) All subdivision proposals shall be consistent with Article I, Sections B, C. and :0 of this ordinance. (2) All proposals for the development of subdivisions shall meet Development Permit requirements of Article 3, Section C. Article 4, Section C, and the provisions of Article 5 of this ordinance. (3) Base flood elevation date shall be provided for lOb subdivision proposals and other proposed development which is greater than the lesser of 50 lots or 5 acres, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (7) of this ordina.nce. (4) All subdivision proposal8 shall have aliequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals shall have public utilities and facilities such as se~ver, gas, elec'trical and '.'later systems located and constructed Oco minimize flood damage. AH.'rICLE 6 OTHER REQUIREMENTS SECTION A. CHA~ES ANQ VABIATI9NS These rules and regulations are i:he standard require-- ments of the City of Wylie, Texas. A suspension of any of these rules and regulations may be granted by the City Council, upon a shmving that there are special 8ircumstances or conditions affecting the property in question, that enforeceme!lt of the provisions of this Ordinance will deprive the applicant of a sub- stan.tial property right, and that such suspension, if granted, will not be ma.terially detrimental to t.he public welfare or injurious to other property or property rig11ts in the vicinity. SECTION B. PENALTY -----.- Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Two Hundred Dollars ($200.00), and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly. SEcrrION C. ALL gQ:m:~I.~~ING _ORpIN~'iSES _REPEA1ED All ordinances and parts of ordinances inconsistent or in conflict herewith are hereby repealed. SECTION D. SE VERABI Lr;rY If any section or part of any section, paragraph or clause of this Ordinance is declared invalid or unconstitutional for any reason, such declaration shall not be held to invalidate or impair the validity, force or effect of any other section or sections, part of section, paragraph or clause of this Ordinance. lib SECTION E. EFFECTIVE D~rE This Ordinance shall become effective 1mmediately upon its publication. PASSED AND ADOPTED THIS _26tb.,_ DAY OF _~__ ,1977. 1 9!J!t -/ 1)." ".~ ..-/' _ (~d _?UI' ?L'l WIlliam E. Martin, Mayor ATTEST: ;t' ',- L' ,n __~ ~~~, ~Jd~______ Doris Wilson, Gity Secretary Approveq.'As To Form: ~/~/ I .) ~/ __-/1/ {~~'-kA 17~-L:_______ The~~ Kent, C ty Attorney 12b