HomeMy WebLinkAboutResolution No. 1987-30 MICROFILMED JUNE 89
RESOLUTION NO. 87-30
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY CLERK TO ENTER INTO AN AGREEMENT WITH
THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY
AFFAIRS FOR POST-DISASTER ASSISTANCE;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED, by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby authorized
to execute an agreement with the State of Florida, Department of
Community Affairs for Post-Disaster Assistance, a copy of said
agreement is attached hereto and made a part hereof by reference.
SECTION 2 . This Resolution shall be come effective immed-
iately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
FLorida, this 5th day of May , 1987.
te41
Mayor Pro Tem
1
ATTEST:
NAME YES NO
A,
X/
HOOG X
ty Clerk KIDD X
LEE Al3ent
Approved as to Form: wARCHCrri X
MURPHY X
y At o'' , •
otiok
Noir
S171F7
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
POST -DISASTER REDEVELOPMENT RULE (CHAPTER 9G-13)
POLITICAL SUBDIVISION PROGRAM AGREEMENT
This agreement is entered into between the State of Florida,
Department. of Communityof
w
Affairs, hereinafter referred to as the
city
"Department", and Cape Canaveral , hereinafter referred to as
the "Political Subdivision".
This agreement is being entered into pursuant to Chapter
252.35(2)(a), Florida Statutes, and Chapter 9G-131 Florida
Administrative Code. The parties mutually agree as follower
I. Time of Performance.
A. This agreement shall begin upon execution by both
parties and shall end when the Political Subdivision's
Comprehensive Plan is determined to be in compliance pursuant to
Part II of Chapter 163, Florida Statutes.
B. All activities performed by the Political
Subdivision pursuant to this agreement shall be completed before
the occurrence of a natural disaster which would result in an
application for federal public disaster assistance. However, if
such a disaster occurs before August 1, 1987 and the Political
Subdivision has made a good faith effort pursuant to Section
9G-13.004, Florida Administrative Code, the Department will find
the Political Subdivision'to be In compliance with this agreement
for such disaster.
II. Federal Post -Disaster Assistance to Coastal Areas.
A. Following a natural disaster, the Department shall
coordinate damage assessment with assistance from the appropriate
federal, state, regional, and local agencies. A purpose of this
damage assessment is to determine if public damage is potentially
eligible for public disaster assistance, pursuant to the Federal
Disaster Relief Act of 1974, as amended (Public Law 93-288).
Only the damage listed on the state's project application sub-
mitted to the Federal Emergency Management Agency is eligible for
public disaster assistance. The Department shall include in the
state's project application the potential eligible damage of the
Political Subdivision, only if the political subdivision has
complied with the terms of this agreement.
B. The Political Subdivision agrees to implement the
following:
(1) Building Codes. To comply with Section
161.56(1), Florida Statutes.
(2) Flooding. To participate in the National Flood
Insurance Program in conformance with the Federal Disaster Relief
Act of 1974.
(3) Public Infastructure. To determine the
feasibility of eliminating, relocating, or structurally modifying
public infrastructure which has suffered natural disaster damage;
to implement such determinations as deemed cost effective or
otherwise appropriate by the political subdivision; and, in
public infrastructure relocated, modified or replaced, to
maintain no more than the same capacity, unless the capacity is
expanded as part of an approved post -disaster hazard mitigation
plan in accordance with Public Law 93-288.
(4) Public Information. To establish a public
information system, which includes;
(a) An emergency warning system to notify the
public of imminent emergencies;
(b) A method of notifying the public of the
potential dangers of an appropriate preparatory measures for
natural disasters;
(c) A method of notifying the public of flood
hazard areasi and
(d) A method of notifying the public of
evacuation routes.
(5) Preventative Planning Measures. To implement
preventative planning measures to include provisions that sites
be designed to utilize and preserve the protective capability of
dunes and other natural topographical features and vegetation,
where feasible, to ameliorate storm damage.
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(6) To determine on a case-by-case basis, whether
heavy industrial operation, with processes or products
potentially dangerous to public safety and the environment;
schoolsi and mobile home parksi can be constructed or
reconstructed in a coastal high hazard area and to take action
as a result of such determination as deemed appropriate by the
political subdivision. In making such a determination, a
political subdivision shall consider the degree of hazard posed
by such construction or reconstruction, the potential advantages
to the environment by prohibiting such construction or
reconstruction, the degree of compliance with local zoning and
land development regulation and all appropriate provisions of
Chapters 161, 163, 187, and 380, Florida Statutes, .the
availability of alternative sites for the location of such
facilities, the impact on public infrastructure of permitting the
construction or reconstruction, the costs to the community at
large, the effect on res}dents of the area, and the posts to any
affected owners of real property..
III. Liability.
The Political Subdivision shall be solely responsible
In carrying out the terms of this agreement. and to the extent
authorized by law shall hold the Department harmless against all
claims of whatever nature by third parties arising out the execu-
tion of this agreement.
IV. Notice and Contact.
(1) The contract manager for this agreement is
Gordon L. Guthrie, Department of Community Affairs, Division of
Emergency Management, (904)487-4918.
(2) The representative of the Political Subdivision
responsible for the administration of this agreement is
Leo C. Nicholas Ci Mans
(3) In the event that different representatives are
designated by either party after execution of this -contract,
notice of the name, address and phone number of the new represen-
tative will be provided in writing to the other party and said
notification attached to the original of this agreement.
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I V. Terms and Conditions.
The agreement contains all the terms and conditions
agreed upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed by their undersigned officials as
duly authorized.
POLITICAL UBDIVISION:
BY:-��
Name and Titl
aa Robert E. Roo Ma r Pro Tan
Date Ma 5 1987
Witness
STATE OF FLORIDA
DEPARTMENT OF. COMMUNITY AFFAIRS
By:
Name and Title
Date
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