The URL can be used to link to this page

Home My WebLink Aboutcocc_resolution_no_2020-02_20200218RESOLUTION NO. 2020-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPROVING REQUEST FOR FUNDING ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAY ASSISTANCE PROGRAM FOR CONSTRUCTION OF AN ENVIRONMENTAL EDUCATION BOARDWALK AND KAYAK/CANOE DOCK AT THE FUTURE LONG POINT ESTUARY PARK; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is interested in completing the following described project for the enjoyment of the citizenry of Cape Canaveral and the State of Florida. Project Title: Long Point Road Estuary Park Total Estimated Cost: $740,000 (FIND funding request of 50% of project cost - $370,000) Brief Description of Project: The seven -plus acre waterfront park is part of the City's three- mile Waterway Trails Program for kayaks and canoes. Long Point Estuary Park was incorporated as a kayak/canoe dock similar to the FIND -supported Banana River Park dock, and Long Point Estuary Park will include boardwalks and observation decks to provide Banana River Lagoon educational benefits. Waterway signs for safety will be established along the eastern shallow waters of the Lagoon and will not impact any main navigation. For this FIND grant, we are requesting financial support of a second kayak/canoe dock at Long Point Estuary Park (City -owned) and a boardwalk segment with observation deck. FIND has previously funded our first kayak/canoe dock at Banana River Park which has been very successful. WHEREAS, the authority under Section 2(b), Article VII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Florida Inland Navigation District (FIND) financial assistance is required for the program mentioned above, and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. City of Cape Canaveral Resolution No. 2020-02 Page 1 of 2 Section 2. FIND Grant Application. The project described above is authorized and Staff is directed to make application to FIND in the amount of 50% of the actual cost of the project on behalf of the City of Cape Canaveral. Section 3. City Certification. The City of Cape Canaveral certifies that it will accept the terms and conditions set forth in FIND Rule 66B-2, FAC, as described in Attachment E-7, incorporated herein. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of February, 2020. ATTEST: Mia Goforth, CMC City Clerk Approved .s to legal form and sufficiency For the y of„: pe Ca averal only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown x Bob Hoog x Mickie Kellum x Wes Morrison Motion Angela Raymond second City of Cape Canaveral Resolution No. 2020-02 Page 2 of 2 Resolution No. 2020-02 ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2020 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, the CITY OF CAPE CANAVERAL is interested in carrying out the following described project for the enjoyment of the citizenry of CAPE CANAVERAL and the State of Florida: Project Title. Long Point Estuary. Park Total Estimated Cost $740,000 Brief Description of Project: The 7+ acre, waterfront park is part of the .City's. three-mile Waterway Trails Program for kayaks and canoes. Long Point Estuary Park was incorporated as a kayak/canoe dock similar to the FIND supported Banana River Park dock, and Long Point Estuary Park will include boardwalks and observation decks to provide Banana River Lagoon educational benefits. Waterway signs for safety will be established along the eastern shallow waters of the Lagoon and will not impact any main navigation: For this FIND grant, we are requesting financial support of a second kayak/canoe dock at Long Point Estuary Park (City -owned) and a boardwalk segment with observation deck. FIND has previously funded our first kayak/canoe dock at Banana River Park which has been very successful. AND, Florida Inland Navigation District financial assistance. is required for the program mentioned above, NOW THEREFORE, be it resolved by the CITY OF CAPE CANAVERAL that the project described above be authorized, AND, be it further resolved that said CITY OF CAPE CANAVERAL make application to the Florida Inland Navigation District in the amount of $370,000 (50%) of the actual cost of the project in behalf of said CITY OF CAPE CANAVERAL, AND, be it further resolved by the CITY OF CAPE CANAVERAL that it certifies, to the following: 1. That it will accept the terms an d conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that.it'will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Form No. 90-21 (Effective date 12-17-90, Rev.10-14-92) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said CITY OF CAPE CANAVERAL for public use. 4. That it will not discriminate against any person on the basis. of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the CITY OF CAPE CANAVERAL at a legal meeting held on this 18th day of February 2020. Attest City Clerk Title (2) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)