HomeMy WebLinkAboutResolution No. 2012-21RESOLUTION NO. 2012 -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
DESIGNATING CERTAIN REAL PROPERTY IN THE CITY
OF CAPE CANAVERAL IDENTIFIED ON EXHIBIT "A" AS
A FLORIDA BROWNFIELDS AREA KNOWN AS THE
"CAPE CANAVERAL ECONOMIC ENHANCEMENT
DISTRICT ( "CCEED ")" FOR THE PURPOSE OF
ENVIRONMENTAL REMEDIATION, REHABILITATION,
AND ECONOMIC DEVELOPMENT; AUTHORIZING THE
CITY MANAGER TO NOTIFY THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
SAID DESIGNATION; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, Brownfields are sites that are generally abandoned, idled, or underutilized
industrial or commercial property where expansion or redevelopment is complicated by actual or
perceived environmental contamination; and
WHEREAS, Florida law provides in sections 376.77 through 376.86, Florida Statutes, for
the designation by resolution of certain areas consisting of one or more Brownfield sites as a
"Brownfield Area," and for the corresponding provisions of environmental remediation,
rehabilitation and economic development for such area; and
WHEREAS, the City of Cape Canaveral desires to notify the Florida Department of
Environmental Protection of its decision to designate the real property in Cape Canaveral identified
in Exhibit "A" as a Brownfield Area known as the "Cape Canaveral Economic Enhancement
District ( "CCEED ")" for remediation, rehabilitation and economic development for the purposes set
forth in sections 376.77 through 376.86, Florida Statutes; and
WHEREAS, the City of Cape Canaveral has additionally considered the criteria set forth in
section 376.80(2)(a)1 -4, Florida Statutes, and finds that: (i) the proposed area warrants economic
development and has a reasonable potential for such activities; (ii) the proposed area represents a
reasonably focused approach and is not overly large in geographic coverage; (iii) the proposed area
has potential to interest the private sector in participating in remediation, rehabilitation and economic
development, and (iv) the proposed area has sites or parts of sites suitable for limited recreational
open space, cultural, or historical preservation purposes; 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.
City of Cape Canaveral
Resolution No. 2012 -21
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 2. Designation of Cape Canaveral Economic Enhancement District ( "CCEED ").
The area depicted on Exhibit "A," attached hereto and incorporated by this reference, is hereby
designated as a State of Florida Brownfields Area known as the "Cape Canaveral Economic
Enhancement District ( "CCEED ")" for environmental remediation, rehabilitation and economic
development for the purposes set forth in sections 376.77 though 376.86, Florida Statutes, under the
following terms and conditions:
The City of Cape Canaveral shall be the entity responsible for the
proposed Brownfields Area remediation and rehabilitation pursuant
to section 376.80(3), Florida Statutes. However, such designation
shall not render the City of Cape Canaveral liable for costs of site
remediation, rehabilitation or source removal, as those terms are
defined in sections 376.77 thorough 376.86, Florida Statutes, or for
any other costs in excess of those attributable to the City of Cape
Canaveral's role as administrator of the proposed Brownfields Area
site remediation and rehabilitation program and as a property owner,
if it owns or hereafter acquires any real property within the designated
Brownfields Area.
Section 3. Notification to FDEP of Person Responsible for Brownfield Site Rehabilitation.
The City of Cape Canaveral shall advise the Florida Department of Environmental Protection where
there is a person who has assumed responsibility for Brownfield site rehabilitation within the
designated Brownfields Area.
Section 4. Notification to FDEP of Brownfield Designation. The City Manager is hereby
authorized to notify the Florida Department of Environmental Protection as to the City of Cape
Canaveral's decision to designate the area identified in Exhibit "A" for remediation, rehabilitation,
and economic development for the purposes set forth in sections 376.77 through 376.86, Florida
Statutes.
Section 5. 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 6. 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
City of Cape Canaveral
Resolution No. 2012 -21
Page 2 of 3
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 7. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 16th day of October, 2012.
C-4
Rocky Randels, Mayor
ATTEST; For Against
i- John Bond Second
ANGA, A APPERSO City Clerk Bob Hoog Motion
Buzz Petsos R
Rocky Randels %
�' ►��` - Betty Walsh X
Approved as to legal form and sufficiency
for th t y of Cape Canaveral only by:
i
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2012 -21
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