1604ORDINANCE NO. 1 604 (#11 - 2019)
AN ORDINANCE AMENDING 1MC ,§ 15, 04, 010 AND PROVIDING
MODIFICATION OF THE FLOOD DAMAGE PREVENTION PROGRAM OF THE
CITY OFIACKSONVILLE; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
WHEREAS, the Arkansas State Legislature has, in ACA §14-268-101 et.seq.,
delegated responsibility to local governments for adoption of regulations to minimize
flood losses, and;
WHEREAS, the Jacksonville Planning Commission and City Council have
reviewed the proposed recommended Flood Insurance Rate Map (FIRM). As a
result, the Commission recommends and the Council finds that said map and revised
policies are more efficient and better meet the needs and requirements of the City
of Jacksonville.
NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL 6F THE CITY & JACKSONVILLE, ARKANSAS, THA T:
SECTION ONE; JMC §15.04.010 (FINDINGS OF FACT) is hereby
amended and modified to include the following:
A. The Federal Emergency Management Agency {FEMA} has identified
Special Flood Hazard Areas of the Ciof Jacksonville Arkansas in the current
scientific and engineering report entitled "The Flood insurance Study (FIS} for
Pulaski County, Arkansas and Unincorporated Areas dated June 7, 2019, with an
effective Flood Insurance Rate Map (FIRM) dated that same date.
B. These Special Flood Hazard Areas are subject toeriodic flooding
events that result in loss of life and property, pose health andsafetyhazards,
disrupt commerce and governmental services, and cause extraordinary public
expenditures for flood protection and relief, all of which adversely affect the public
health, safety and general welfare.
C. these periodic flooding events are exacerbated by the cumulative
effective of floodplain developments which cause an increase in flood heights and
velocities, and by the placement of inadequately elevated, inadequately flood -
proofed or otherwise unprotected structures or uses vulnerable to floods into Special
Flood Hazard Areas. Such structures or uses are inherently hazardous to other
lands because of their adverse impact on flooding events.
SECTION TWO; SEVERABILITY
If any court of competent jurisdiction finds that any section, clause, sentence,
or phrase of these Code provisions is invalid or unconstitutional, that finding in no
way affects the validity of the remaining portions of this Code.
ORDINANCE NO. 1604 (#11-2019)
Page Two
SECTION THREE: EMERGENCY CLAUSE
it is hereby found and declared that severe flooding has occurred in the past
within the City's jurisdiction and will certainly occur within the future and that
flooding may result in infliction of serious personal injury or death and is likely to
result in substantial injury or destruction of property within the City and its
jurisdiction. In order to effective)y comply with minimum standards for coverage
under National Flood insurance Program and in order to effectively remedy the
situation described herein, it is necessary that this Ordinance become effective
immediately.
Therefore, an emergency is hereby declared to exist and this Ordinance,
beingg necessary for the immediate preservation of the public peace, health and
safefy, small be in full force and effect from and after its passage and approval.
APPROVED AND ADOPTED THIS 6rH DA Y OF JUNE, 2019.
CITY OFJACKSONVILLE, ARKANSAS
B JOHNSON, -MA YOR
ATTEST.•
SUSA ND1_AVV T, CITY CLERK
APPROVED AS TO FORM:
5TE t�ANIE FRIEDMAN, CITYATTORNEY