Date Passed December 9, 1974
ATTEST:
/s/ Emmie M. Muenker (Seal)
County Clerk
/s/ Julius R. Neunhoffer
/t/ Julius R. Neurihoffer
County Judge
Kerr County, Texas
o-o-o-o-o-o-o-o-o-o
NO, 12279 AN ORDER OF TH8 COMMISSIONERS COURT OF KERR COUNTY, TEXAS, ESTABLISHING FLOOD-
PLAIN MANAGEMENT REGULATIONS FOR FLOOD PRONB AREAS OF KERR COUNTY, TEXAS,
WHEREAS, on the 9th day of December, A. D., 1974, this Court resolved to adopt and
maintain 1n force for flood prone areas of Kerr County, Texas, measures with effective
enforcement provisions consistent with Section 1910,3 of the National Flood Insurance
Program as authorized by Article 8280-13 v.A.C.S.; and
WHEREAS, this Court has found that enactment of the floodplain management measures
herein set forth will materially assist in minimizing damage to property and danger to life
caused by periodic flooding of the Guadalupe River and its tributaries;
IT IS THEREFORE ORDERED BY THE COMMISSIONERS COURT OF KERB COUNTY, TEXAS:
SECTION 1. DSFINTPIONS. The following definitions shall apply to the following terms
found in this order:
A. FLOODPLAIN OR FLOOD PRONE RREA sha21 mean any lahd area within the County, adjoin-
ing a river, stream, lake, or other watercourse which can reasonably be expected to be
subject to periodic flooding, and which has been or subsequently may hereafter be identified
as such by the Federal Insurance Administration pursuant to National Flood Insurance Regula-
tions. .
B. 100 YEAR FLOOD shall mean a flood of such magnitude as may reasonably be expected
to be equalled or exceeded on an average of once every 100 years.
C. FLOOD OR FLOODING sha12 assn a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of streams sad other in-
land waters,
D, FLOODPLAIN AREA RAVING SPECIAL FLOOD HAZARDS means the maximum area of the flood-
plain likely to ,be inundated by the 100 year flood (i.e., that has a one percent(196) change
of being flooded each year).
E. FLOOD PROOFING means any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduce or eliminate flood
damage to lands, water and sanitary facilities, structures, and contents of buildings.
F. FLOODWAY means the Channel of a river or other watercourse and the adjacent land
areas required to carry and discharge a flood of a given magnitude.
G. START OF CONSTRUCTION NEW CONSTRUCTION OR CONSTRUCTION means the first place-
meat of permanent construction on a site such as the pouring of slabs or footings, or any
work beyond the stage of excavation. For a structure without a basement or poured footings,
the start of construction includes the first permanent framing or assembly of the struc-
ture or affixing of any prefabricated structure or .mobile home to its permanent site.
Permanent construction does not include land preparation, clearing, grading, filling;
excavation for basement, footings; piers, or foundations; erection of temporary forms;
the installation of pilings under proposed sub-surface footings, installation of sewer,
gas, sad water pipes, or electric or other service lines from the street; or existence on
the property of accessory buildings such as garages, or sheds not occupied as dwelling
units or not pazt of the main structure.
H. SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50;C of the actual value of the structure,
either (a) before the improvement is atazted,or (b) if the structure has been damaged and
is being restored, before the damage occurred. Substantial improvement is stazted when the
first alteration of any part of the structural part of the building commences.
SECTION 2. IDENTIFICATION OF FLOODPLAIN AREAS HAVING SPECIAL FLOOD HAZARDS AND FLOODWAYS
A. Maps issued by the Federal Insurance Administration delineating flood prone areas
for portions of unincorporated Kerr County shall in part constitute the official maps for
purposes of enforcing this Order.
B. Upon receipt of more detailed, updated, or refined maps from the Federal Insurance
Administration, such maps shall constitute the official maps for purposes of enforcing this
Order.
C. The Official Maps shall at all times be kept in a place convenient for the public.
D. The provisions of this Order shall apply at a minimum to all areas identified as
floodplain areas having special flood hazards.
SECTION 3. FLOODPLAIN REGULATIONS
A. Froa and after the effective date of this Order, all persons, firms, organizations
and corporations proposing new construction or substantial improvements to existing structures
in unincorporated Kerr County, Texas, moat first obtain a building permit from the County
Commissioner's Court or the Court's designated official or body;
Building permits will not be required from this Court for proposed construction or
substantial improvements within the corporate limits of incorporated areas within Kerr County,
Texas, which require building permits for such construction and improvements.
B. The Commissioner's Court or its designated official or body will review all building
permit applications to insure that any proposed construction in Kerr County will be reason-
ably safe from flooding. If a proposed building site is in a location that has a flood
hazazd,any proposed new construction or substantial improvements must be (1) designed or
modified and anchored to prevent flotation, collapse, or lateral movements of the structure,
(2) use construction materials and utilize equipment that are resistant to flood damage, and
(3) use construction methods and practices that will minimize flood damage.
C. The Commissioner's Court or its designated official or body will review all sub-
division proposals in unincorporated Kerr County, to assure that (1) such proposals are con-
sistent with the need to minimize flood damage, (2) all public utilities and facilities,
such as gas, sewer, water, and electrical systems are located, elevated, and constructed to
minimize or eliminate flood damage, and (3) adequate drainage is provided to reduce exposure
to flood hazards.
D. All new or replacement water supply and sanitary sewage systems must be designed
to minimize or eliminate infiltration of flood waters into the systems and discharges from
the systems into flood waters.
E. All on-site liquid or solid waste disposal systems must be located so as to avoid
impairment of them or contamination from them during flooding.
F. All new construction or substantial improvements of residential structures within
the area of special flood hazards must have the lowest floor, including basements elevated
to or above the level of the 100 year flood.
~~
G. All new construction or substantial improvements of non-residential atructnres
within the area of special flood hazards must have the lowest floor, including basement,
elevated to or above the level of the 100 year flood, or together with attendant utility and
sanitary facilities to be floodproofed to the level of the 100 year flood.
Until such time that a floodway can be designated, no use, including land fill,
may be permitted within the floodplain area having special flood hazards, unless the appli-
cant for the proposed use can demonstrate, to the satisfaction of the Court, that such use,
together with all other existing and anticipated uses, will not increase the water's surface
elevation of the 100 year flood more than one foot at any point.
SECTION 4. PRECBDENCE AND SEVERABILITY
A. This Order shall take precedence over any conflicting Order, Laws, or Codes within
floodplain areas having special flood hazards, but shall not repeal existing or prohibit
additional regulations except when such regulations are in direct conflict with this Order.
B. It is the intent of this Court that the sections, subsections, paragraphs, sentences,
clauses, and phrases of this Order are
constitutional or invalid by the valid
such unconstitutionality or invalidity
since the same would have been enacted
constitutional or invalid portions.
PASSED AND APPROVED this 9th day of Deg
severable, and if any of them shall be declared un-
judgment or decree of any Court of common jurisdiction,
shall not affect any of the remainder of this Order,
by this Court without the incorporation of any un-
sember, A. D., 1974.
/s/ Julius R. Neunhoffer
/t/ Julius R. Neunhoffer
County Judge
Kerr County, Texas
ATTEST:
/s/ Emmie M. Muenker
County Clerk
(Seal)
o-o-o-o-o-o-o-o-o-o.
NO. 12280 ORDER APPOINTING MARTY SORELL TO SERVE ON KERB COUNTY VETERANS LAND BOARD
On this the 9th day of December 1974, upon motion made by Commissioner Sallee, seconded
by Commissioner Bartel, the Court unanimously approved that Marty Sorell be appointed to
serve on the Kerr County Veterans Land Board to replace Don McNew, who has resigned.
o-o-o-o-o-o-o-o-o-o
NO. 12281 MINUTES READ AND APPROVED
On this the 9th day of December 1974, upon motion made by Commissioner Sallee, seconded
by Commissioner Bartel, the Court unanimously approved the Minutes of Commissioners' Court
of Kerr County, Texas, from pages 552 thru 561, Volume N.
o-o-o-o-o-o-o-o-o-o
NO. 12282 APPORTIONMENT OF $14,000.00 FROM F. M. fi LATERAL ROAD FUND
On this the 9th day of December 1974, upon motion made by Commissioner Stone, seconded
by Commissioner Sallee, the Court unanimously approved that the County Clerk and Treasurer
be, and are hereby directed to apportion the sum of $14,000.00 from the F. M. & Lateral
Road Fund to the respective Commissioners' Precincts, for the repair and maintenance of
lateral roads.
Road fi Bridge No. 1
Road fi Bridge No. 2
Road fi Bridge No. 3
Road & Bridge No. 4
------ $4,200.00
------ $2,800.00
------ $2,800.00
------ $4,200.00
o-o-o-o-o-o-o-o-o-o