HomeMy WebLinkAboutResolutions that did not pass 411110 *41110
RESOLUTION NO. 86-10
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
FLORIDA; REQUESTING THE UNITED STATES
DEPARTMENT OF INTERIOR TO PROVIDE ALTERNATE
ACCESS TO CANAVERAL NATIONAL SEASHORE PARK AT
PLAYALINDA BEACH; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Canaveral National Seashore Park at Playalinda
Beach, Brevard County, Florida, is a beautiful natural resource
enjoyed by local citizens, other Florida residents and many
visitors to our area, and
WHEREAS, the National Aeronautics and Space Administration
(NASA) has announced that this area will be closed from time to
time due to shuttle launches,
WHEREAS, the City of Cape Canaveral supports and takes
tremendous pride in the efforts of NASA at the Kennedy Space
Center, but encourages the Department of Interior to be
responsive to the needs of the people of Central Florida for
access to the Seashore Park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. The City of Cape Canaveral, Florida respectfully
requests the Department of Interior to plan and fund for an
immediate alternate access road to Playalinda Beach so that all
who wish may continue to visit the natural resource.
SECTION 2. This Resolution shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1986.
11/0 Mayor
ATTEST:
City Clerk ;11/
Approved as to Form: 6 Ylt7
ftgf
City Attorney
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POST OFFICE BOX 2806
TITUSVILLE, FLORIDA 32781-2806
(305) 269-4400 -LADED
OFFICE OF THE MAYOR
January 8, 1986
The Honorable Patrick Lee
Mayor, City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Dear Mayor Lee :
The public has been advised by the National Aeronautics and Space Admin-
istration (NASA) that the Canaveral National Seashore Park at Playalinda
Beach will be closed for two hundred (200) days a year starting in 1986
due to the increased launch schedule. The citizens of Titusville take
great pride in our Country's space program and fully support NASA's
efforts; at the same time, we believe that access to the Seashore Park
need not be sacrificed. Adequate planning and funding by the United
States Department of Interior should provide alternative means so that
Florida residents and all our visitors can continue to enjoy the Seashore
Park.
We request that you join with us in requesting the Department of Interior
take immediate steps to provide alternative means of access to our Seashore
Park so that the public retains use of this valued resource. I am enclos-
ing a sample resolution and ask that your Council adopt a similar resolu-
tion.
Thank you for your consideration and support in this matter of vital
interest to the citizens of Titusville and all of Florida.
'ncerely,
Truman Scarborough, Jr.
Mayor
enclosure
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4.- All IIRESOLUTION NO.
A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA,
REQUESTING THE DEPARTMENT OF INTERIOR OF THE
UNITED STATES OF AMERICA TO PROVIDE ALTERNATE
ACCESS TO CANAVERAL NATIONAL SEASHORE PARK AT
PLAYALINDA BEACH; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Canaveral National Seashore Park at Playalinda Beach,
Brevard County, Florida, is a beautiful natural resource enjoyed by local
citizens, other Florida residents and many visitors to our area; and
WHEREAS, NASA has announced that this area will be closed two
hundred (200) days during 1986 due to increased shuttle launches; and
WHEREAS, the City of Titusville supports and takes tremendous
pride in the efforts of NASA at the Kennedy Space Center, but we encourage
the Department of Interior to be responsive to the need of the people of
Titusville and Central Florida for access to our Seashore Park.
NOW, THEREFORE, be it resolved that the City of Titusville
respectfully requests the Department of the Interior to plan and fund for
an immediate alternate access road to Playalinda Beach so that all who wish
may continue to visit our natural resource.
PASSED AND ADOPTED THIS day of January, 1986.
Truman Scarborough, Jr. , Mayor
ATTEST:
Janet R. Camacho, City Clerk
411110 *110
RESOLUTION NO. 86-26
A RESOLUTION AMENDING RESOLUTION NO. 86-6
WHICH APPROVED THE PLAT OF HARBOR HEIGHTS
TOWNHOUSES BY APPROVING A NEW MAINTENANCE
AGREEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City adopted Resolution No. 86-6 which approved
the plat for Harbor Heights Townhouses; and
WHEREAS, said approval was contingent upon the maintenance
agreement for the 34 foot wide easement shown on the plat being
Irr fully executed; and
WHEREAS, the developer wishes to address the maintenance of
said easement through the Declaration of Restrictions instead of
the Maintenance Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Resolution No. 86-6, which approved the plat of
"Harbor Heights Townhouses" is hereby amended by accepting the
"Declaration of Restrictions" which are attached hereto and made
a part hereof, in lien of the maintenance agreement attached to
said Resolution.
SECTION 2. Approval of the plat of Harbor Heights
Townhouses is contingent upon the said "Declaration of
Restrictions" being fully executed.
SECTION 3 . This Resolution shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1986 .
Mayor
ATTEST:
City Clerk
Approved as to Form: - fi4
City Attorney
DECLARATION OF RESTRICTIONS ON REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, LOUIE C. HUMAN, is the owner of land in the County
of Brevard, State of Florida, more particularly described as
follows:
Begin at the S.W. corner of the S.E. 1/4 of the
N.W. 1/4 of Section 14 , Township 24 South, Range
37 East , Brevard County, Florida; thence run N.
1°54 ' 11" W. , along the West line of the said S.E.
1/4 of the West 1/4 for 96.00 feet ; thence run S.
89°20 ' 25" E. , and parallel with the South line of
the said S.E. 1/4 of the West 1/4 for 92 .93 feet ;
thence run S. 77°04 ' 25" E. , for 51. 72 feet ;
thence run S. 1°54 ' 11" E. , and parallel with the
said West line of the S.E. 1/4 of the West 1/4
for 85.00 feet to a point lying on the South line
of the said S.E. 1/4 of the N.W. 1/4 ; thence run
N. 89°20 ' 25" W. , along said line for 142 .98 feet
to the point of beginning. The above legal description
includes a portion of VACATED SEASHELL LANE,
being a portion of HARBOR HEIGHTS, according to
the Plat thereof, as recorded in Plat Book 13 ,
Page 99 , of the Public Records of Brevard County,
Florida.
WHEREAS, OWNER desires that all of the above described real
property be subject to like restrictions for the mutual benefit
and protection of himself and all persons , both real and
corporate, who hereafter may purchase or acquire said property or
any part thereof, or any interest in or lien upon said property or
any part thereof.
NOW, THEREFORE, in consideration of the premises, OWNER does
hereby declare said real property to be subject to the following
restrictions , reservations and conditions, binding upon the said
OWNER and upon each and every person, both real and corporate, who
or which shall acquire hereafter said real property or any part
thereof, and their respective heirs, personal representatives,
successors and assigns . Said restrictions, reservations and
conditionas are as follows:
1. LAND USE AND BUILDING TYPE: No building shall be
erected, altered, placed or permitted to remain on the above
described land other than residential units, including multi-
family units . Each lot is hereby restricted to residential use by
This Instrument Prepared By
CHAD M. MC CLENATHEN E SHIRE
Fh naa 32780
P.0. Drawer 6310 0,Tuu .elle,
tlisf *110
the owner or owners thereof, their immediate families, tenants,
guests and invitees .
2 . RESPONSIBILITY OF LOT OWNERS. Each lot owner shall bear
the cost and be responsible for the maintenance, repair and
replacement , as the case may be, of all air conditioning and
heating equipment , electrical and plumbing fixtures, kitchen and
bathroom fixtures, and all other appliances or equipment ,
including any fixtures and/or their connections required to
provide water, light , power, telephone, sewage and sanitary
service to a unit which may now or hereafter be affixed or
contained within the lot . Such owner shall further be responsible
for the maintenance, repair and replacement of all walls, roofs,
and exterior surfaces of his unit and all other buildings or
structures located on his lot , including his unit , driveway, and
parking spaces. Such lot owner shall further be responsible for
the maintenance of the grounds of his lot , including the lawn,
shrubbery, trees and plants located on the lot unless the lot
owners elect to provide for a common yard maintenance service by
unanimous consent . Such lot owner shall further be responsible
and liable for the payment of twenty percent ( 20% ) of the cost
of all maintenance and repairs for roadway and parking improve-
ments located within easement areas shown on the plat of HARBOR
HEIGHTS TOWNHOUSES. Each lot owner shall remit their payment
within fifteen ( 15 ) days of receipt of a written notice setting
forth the maintenance and repair items with a detailed breakdown
for the costs associated therewith and each lot owners propor-
tionate twenty percent ( 20% ) share of said costs.
3. PARTY WALLS:
a. General Rules of Law to Apply. Each wall built as a
part of the original construction of the homes within the
subdivision and placed on the dividing line between the lots shall
constitute a party wall and, to the extent not inconsistent with
the provisions of this Article, the general rules of law regarding
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party walls and liability for property damage due to negligence or
wilful acts or omissions shall apply thereto.
b. Sharing of Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be shared
by the owners who make use of the wall in proportion to such use.
c. Destruction by Fire or Other Casualty. If a party
wall is destroyed or damaged by fire or other casualty, any owner
who has used the wall may restore it , and if the other owners
thereafter make use of the wall, they shall contribute to the cost
of restoration in proportion to such use. This right of
contribution shall be without prejudice to any right to call for a
larger contribution under any rule of law regarding liability for
negligent or wilful acts or omissions .
d. Weatherproofing. Notwithstanding any other
provisions in this Article, an owner who, by his negligent or
wilful acts causes a party wall to be exposed to the elements,
shall bear the whole cost of furnishing the necessary protection
against such elements.
e. Right to Contribution to Run With Land. The right
of any owner to contribution from any other owner under this
Article shall run with the the land and shall pass to such owner' s
successors in title.
f. Modification. No modification of or alteration to
any party wall shall be made without the express written consent
of all unit owners who make use of the wall.
g. Arbitration. In the event of any dispute arising
concerning a party wall or under the provision of this
Declaration, each party shall choose one arbitrator and such
arbitrators shall choose on additional arbitrator and the decision
of the majority of arbitrators shall be binding on the parties,
unless such decision shall be overturned by a court of competent
jurisdiction.
4 . FENCES: No fence or party wall shall be constructed,
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erected or maintained on or around any portion of a lot without
the express written consent of all lot owners. No alterations or
modifications of existing fences and party walls may be made
without the consent of all lot owners . The owners of the units
having fences shall at all times maintain said fences in a good
state of repair. The provisions of this paragraph shall not apply
to the OWNER or a builder during the construction phase of the
project to be constructed on the subject property.
5. SIGNS: No sign of any kind shall be displayed to the
public view on any lot except one professional sign of not more
than three ( 3 ) square feet advertising the property for sale or
rent , or signs of like size used by a builder to advertise the
property during the construction and sales period. This
provision shall not apply to OWNER, its successors or assigns.
6. MAINTENANCE OF LOTS AND DWELLINGS: Once a lot has been
sold by OWNER, the lot , unit and improvements thereon shall be
maintained in good appearance and free from overgrown weeds and
from rubbish. In the event any lot is not so maintained, then
the said OWNER, his successors and/or assigns, or any other lot
owner, shall have the right to enforce these restrictions as
hereinafter provided in Section 15 .
7. NUISANCES: No noxious or offensive activity shall be
carried on upon any lot , nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the neighborhood.
There shall be no solicitations of any kind except by lawful
permit obtained from the applicable governmental body. No
automobile shall be parked on any lot unless it is in an on-site
parking space.
8. TEMPORARY STRUCTURES: Trailers, tents, shacks, barns or
any temporary building of any design whatsoever are expressly
prohibited within this subdivision and no temporary residence
shall be permitted in unfinished residential buildings. This
shall not prevent the erection of a temporary storage building for
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materials and supplies to be used in the construction of a
dwelling, and which shall be removed from the premises on
completion of the building.
9. LIVESTOCK AND POULTRY: No livestock, horses, poultry, or
animals of any kind shall be raised, bred or kept on any lot ,
except that dogs , cats or other household pets may be kept
provided that they are not kept , bred, or maintained for any
commercial purposes. Pets must be kept on a leash. Pet owners
must clean up after their pets .
10. CLOTHESLINE: There shall be no clothesline placed in
the common areas, and no fence or patio railing shall be used as a
clothesline. Clotheslines are permitted behind fenced areas that
are not visible to the other lots in the townhouse project .
Nothing in this paragraph shall be construed to prohibit the
reasonable use of energy devices based on renewable resources as
provided in Florida Statute 163 .04 .
11. PARKING: No auto parking space may be used for other
than parking automobiles which are in operating condition. No
other vehicles or objects, including but not limited to, trucks,
vans, motorhomes, mobile homes, recreational vehicles, motor-
cycles, trailers, and boats, shall be parked or placed upon
any portion of the lots, provided, however, that non-commercial
pick-up trucks and vans not exceeding 1/2 ton shall be clasriified
as automobiles for the purposes hereof .
12 . EASEMENTS: Easements for installation and maintenance
of utilities and drainage facilities are reserved as shown on the
recorded plat , or as hereafter granted by the said OWNERS. Within
these easements, no structure, planting or other material shall be
placed or permitted to remain which may damage or interfere with
the installation and maintenance of utilities, or which may change
the direction of flow of drainage channels in the easements, or
which may obstruct or retard the flow of water through drainage
channels in the easements, or which are or might be prohibited by
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the public authority to whom said easement is given. All
improvements located within the easement areas as shown on the
recorded plat shall be maintained by all lot owners on the
proportionate basis set forth in Section 2 of these Restrictions.
13 . TERM: These covenants are to run with the land, and
except as they may or might be amended in accordance with
paragraph 14 , shall be binding on all parties and all persons
claiming under them for a period of thirty ( 30 ) years from the
date hereof and these covenants and restrictions shall be auto-
matically extended for successive period of ten ( 10 ) years unless
by a vote of the then owners of a majority of the lots it is
agreed to change said covenants and restrictions in whole or in
part .
14 . AMENDMENT: So long as OWNER owns 50% or more of the
lots or so long as the entity to whom OWNER specifically assigns
the rights under this paragraph 14 , or its subsequent assignees of
this specific right , owns 50% or more lots , OWNER, or its just
mentioned specific assignees , may change any provision of this
Declaration in whole or in part by executing a written instrument
making said changes and have the same duly recorded in the Public
Records of Brevard County, Florida, so long as said amendment does
not materially alter the rights of the other lot owners. At any
time after OWNER, or its just mentioned specific assignee, no
longer owns at least 50% of the lots , or OWNER desires to amend
this Declaration to materially affect the right of other lot
owners, eighty percent ( 80% ) of the lots owners may change these
covenants in whole or in part by executing a written instrument
making said changes and having the same duly recorded in the
Public Records of Brevard County, Florida. Any amendment to this
Declaration of Restrictions shall require the approval of the City
Council of the City of Cape Canaveral before becoming effective
and prior to recording.
6
15. ENFORCEMENT: If the owner or owners of property in
HARBOR HEIGHTS TOWNHOUSES, or any other person or persons,
including but not limited to tenants, invitees and guests, any of
them, or any of their heirs, personal representatives, successors
or assigns, shall violate or attempt to violate any of the
covenants or restrictions contained herein, it shall be lawful for
any other person or persons , owning any real property situated in
HARBOR HEIGHTS TOWNHOUSES, or OWNER, to prosecute any proceedings
at law or in equity against the person or persons violating or
attempting to violate any such covenant or restriction and either
to prevent him or them by injunction from so doing or continuing
to do such acts and/or to recover damages or other dues for such
violation.
If any lot owner fails to pay his share of the assessments
for maintenance provided by these Restrictions then any other lot
owner, or combinations of other lot owners , may advance funds to
cover the deficit caused by the nonpaying lot owner which funds
shall bear interest at eighteen percent ( 18% ) per annum from the
date of advancement . Any lot owner may bring an action in a
competent court to enforce the payment of assessments provided by
these Restrictions; including interest , costs and attorneys fees ,
and it shall not be a prerequisite or condition to such action
that another lot owner( s ) advanced the funds .
It is expressly understood and agreed that all costs,
including reasonable attorney' s fees, both at trial and appellate
levels for the enforcement of this Declaration, shall be awarded
to the prevailing party in such proceedings.
16. SEVERABILITY: Invalidation of any one of these
covenants or restrictions or any part thereof by judgment or court
order shall in no way affect any of the other provisions which
shall remain in full force and effect .
17 . COLOR AND MATERIAL CONTROL: No owner of any lot may
change the existing outside color or materials of his respective
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unit without the prior written approval of eighty percent ( 80% )
of all lot owners .
18. OIL AND MINING OPERATIONS: No oil development
operations, oil refining, quarrying, or mining operations of any
kind shall be permitted upon or in any lot , nor shall oil wells,
tanks, tunnels, mineral excavations or shafts be permitted upon
or in any lot . No derrick or other structure designed for use in
boring for oil or natural gas shall be erected, maintained or
permitted upon any lot .
19. DEVELOPMENT PHASE EASEMENTS: Nothing herein shall
prohibit or restrict the OWNER, its builders, successors or
assigns, in any manner whatsoever, from constructing the proposed
improvements to the subject property in such a manner as the
OWNER may see fit . Until such time as all lots are sold and all
improvements are installed, the OWNER reserves an easement over
all lots and common areas in order to construct the proposed
improvements and provide for ingress and egress to all properties
located in the development .
20. INSURANCE: The insurance other than title insurance
that shall be carried upon each lot and the real property of the
lot owners shall be governed by the following provisions:
a. Each lot owner shall carry hazard, casualty and
liability insurance on his lot in the amount of the highest
insurable value.
21. ANTENNAS: No lot owner shall construct any radio,
television or other antennas on the outside of a unit constructed
on a lot without the association' s express written consent .
22 . RENTAL:
( 1) An Owner may rent his unit to a third party
without the express written approval of any other lot owner
if the unit is rented in accordance with the following terms and
conditions:
(a) The use of the unit is restricted
to the residential use of the
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tenants , their immediate families,
guests and invitees; and
(b) The unit as rented has already
been furnished with draperies,
blinds or other reasonable
acceptable coverings on all
windows and sliding glass doors.
(2 ) If an Owner intends to rent a unit subject to
terms and conditions that are not in accordance with paragraph
( 1) above, then the express written approval of eighty percent
(80%) of all lot owners must be obtained.
IN WITNESS WHEREOF, the undersigned, being the Declarant
therein, has hereunto set his hand and seal this day of
, 1986.
LOUIE C. HUMAN
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared LOUIE C. HUMAN, to me known
to be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1986.
(SEAL)
NOTARY PUBLIC
My Commission Expires:
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460
RESOLUTION NO. 88-34
A RESOLUTION DETERMINING TO MAKE CERTAIN
LOCAL STREET IMPROVEMENTS IN THE COLUMBIA
DRIVE STREET REPAIR PROJECT IN THE CITY OF
CAPE CANAVERAL , FLORIDA : ADOPTING THE
ASSESSMENT PLAT, PLANS AND SPECIFICATIONS;
DETERMINING TO DEFRAY THE EXPENSE THEREOF
BY SPECIAL ASSESSMENTS AGAINST THE
PROPERTIES BENEFITED THEREBY ; DIRECTING
CITY ADMINISTRATION TO MAKE AND FILE WITH
THE CITY COUNCIL AN ASSESSMENT ROLL COVER-
ING SUCH LOCAL STREET IMPROVEMENTS; PROVID-
ING AN EFFECTIVE DATE.
[10, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1 . The assessment plat prepared by the City Adminis-
tration, and plans and specifications prepared by M & K Drafting
Service , and presently on file with the City Clerk, for certain
local street improvements, including the repair, grading , paving ,
guttering , hard surfacing and drainage for the Columbia Drive
Street Repair Project in the City of Cape Canaveral, Florida, are
hereby adopted and approved . The location of such local street
improvements (herein called "project" ) is described as follows:
A thoroughfare consisting of two pavements , each 22
feet in width , with two 24" curbs , separated by an 8
foot wide landscaped median; including all required
excavation , base, stabilization and drainage, extending
along the followed named street:
Columbia Drive , extending from its intersection with
Astronaut Boulevard (AlA) westward to its termination
at the development known as Treasure Island.
SECTION 2 . It is hereby determined to construct such
project and to defray the cost thereof by special assessments to
be levied against the properties benefited . The nature of the
proposed public improvements is the construction of certain
street improvements in the City , including the repair, grading,
(10 guttering and hard surfacing . Such assessments shall be paid in
not exceeding three ( 3 ) equal yearly installments , with interest
at the rate of not exceeding eight percent ( 8% ) per annum on the
unpaid balances from the date of acceptance by the City Council
of such project, to which, if not paid when due , there shall be
added a penalty of one percent ( 1 % ) per month until paid;
provided that such assessments may be paid without interest at
any time within thirty ( 30 ) days after the project is completed
RESOLUTION NO. 88-34
PAGE 1 OF 3
4000
and a Resolution accepting the same has been adopted by the City
Council . Such special assessments shall be levied on each
residential/dwelling unit or commercial unit or undeveloped
property abutting or specifically benefited thereby . The
assessments shall be levied against such properties in direct
proportion to the benefits received from the construction project.
The total estimated cost of such improvements is $89,175 .00.
(10 SECTION 3 . The assessments as finally determined and adjust-
ed shall be payable at the office of the City Treasurer . The
first installment of such assessment, together with interest upon
the whole assessment , shall be due and payable in cash on the
first day of the month which is one ( 1 ) year from the date of
acceptance of the project by the City Council , and a like pay-
ment , together with interest upon the unpaid balance of the
assessment , shall be due and payable on the same date in each and
every year thereafter until paid in full; provided, however , that
such assessments may be paid in full without interest at any time
within thirty ( 30) days after the adoption of a Resolution accept-
ing the completed project; and that unpaid balances of assess-
ments may be paid at any time by payment of the principal and
interest thereon to the next quarter annual date.
SECTION 4 . The City Administration is directed to make
promptly and file with the City Council an assessment roll, on
the per unit basis, showing the units assessed, the amount of the
assessment against each unit , which assessments , if not paid in
cash, shall be divided into not exceeding three ( 3 ) equal annual
installments .
SECTION 5 . The City Clerk is hereby directed to cause this
Resolution to be published once a week for a period of two weeks
in a newspaper of general circulation published in Brevard
County, Florida.
SECTION 6 . This Resolution shall become effective immediate-
ly upon its adoption.
RESOLUTION NO. 88-34
PAGE 2 OF 3
411, '410
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1988.
Mayor
ATTEST:
111, City Clerk NAME YES NO
HOOG
Approved as to Form:
;:IDD
LEE
City Attorney 'IDELS
RESOLUTION NO. 88-34
PAGE 3 OF 3
CITY OF CAPE CANAVERAL
ASSESSMENT PLAT - COLUMBIA DRIVE STREET REPAIR PROJECT
Repair of Columbia Drive, including resurfacing and installation
of meidians and curbing; required excavation, base, stabilization
and drainage, according to the specifications prepared by the
firm of M & K Drafting
Engineering Services $ 8,600.
Construction Cost 103,000.
Legal Ads 250.
Recording Fees 2,050.
Contingency 5,000.
118,900.
City' s Share (25%) 29 ,725 .
$ 89 .175.
*PER UNIT ASSESSMENT (370 Units) : $ 241.01
*Includes 38 undeveloped units of Treasure Island
RESOLUTION NO. 89-19
A RESOLUTION AUTHORIZING THE CITY OF
CAPE CANAVERAL TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE BOARD
OF COUNTY COMMISSIONERS OF BREVARD
COUNTY, FLORIDA, TO PARTICIPATE IN
THE BREVARD COUNTY TRANSPORTATION
IMPACT FEE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Brevard County has adopted a Transportation Impact
Fee Ordinance which is designed to be applied in all areas of the
County; and
WHEREAS, the City of Cape Canaveral is desirous of
participating in said impact fee;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral , Brevard County, Florida, as follows :
SECTION 1 . The Mayor and the City Clerk are hereby
authorized to execute an Interlocal Agreement with the Board of
County Commissioners of Brevard County, Florida, to participate
in the Brevard County Transportation Impact Fee. A copy of said
agreement is attached hereto and made a part hereof by reference.
SECTION 2. This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral ,
Florida, this day of , 1989 .
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
4000
INTERLOCAL AGREEMENT BETWEEN
BREVARD COUNTY, FLORIDA
AND
THE CITY OF CAPE CANAVERAL, FLORIDA
PROVIDING FOR PARTICIPATION IN THE
BREVARD COUNTY TRANSPORTATION IMPACT FEES
THIS INTERLOCAL AGREEMENT is made and entered into this
day of , 1989 by and between BREVARD COUNTY,
FLORIDA, by and through the Board of County Commissioners of
Brevard County, and the City of Cape Canaveral, Florida.
WHEREAS, Section 163.3202(2) , Florida Statutes, requires
local governments to adopt local land development regulations
that provide that public facilities and services meet or exceed
the standards contained in the Capital Improvements Element of
their Comprehensive Plan; and
WHEREAS, Section 163.3202(3 ) , Florida Statutes, encourages
the use of innovative land development regulations such as Impact
Fees; and
WHEREAS, the County has completed a comprehensive Impact Fee
Study in furtherance of implementing innovative land development
regulations that support the level of service standards contained
in the Brevard County Comprehensive Plan; and
WHEREAS, the County desires to apply the findings of the
comprehensive Impact Fee Study for Public Transportation
Facilities on a county-wide basis; and
WHEREAS, the County desires to coordinate the land
development regulations necessary to provide these public
facilities with the municipal corporations of Brevard County; and
WHEREAS, the Impact Fee Ordinance is designed to be applied
in all areas of the County, both unincorporated and incorporated,
that receive benefit from said public facilities.
NOW, THEREFORE, in consideration of the following premises
and after due consideration, the County and the Municipality
hereby agree, stipulate, and covenant as follows:
1. INCORPORATION OF RECITALS: Each and all of the
foregoing recitals be and the same are incorporated herein and
deemed to be true and correct.
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2. DEFINITIONS:
(a) "Applicant" means and refers to any Person seeking
a Certificate of Occupancy from the Municipality.
(b) "Benefit Area" means and refers to one of the
Transportation Impact Fee Districts established by Section 9. ,
Ordinance 89-04, Brevard County, Florida.
(c) "Certificate of Occupancy" means and refers to the
final written approval issued by the Municipality Building
Official, which approval authorizes occupancy of a structure, all
as defined in Section 103.9 . , Appendix A, Standard Building Code
1985 Edition with the 1986 and 1987 revisions, as adopted by the
City Code of the Municipality, all as the same may be amended
from time to time. A certificate of completion as issued by the
Municipality, or a temporary Certificate of Occupancy issued by
the Municipality as defined in Section 103. 9 . , Appendix A,
Standard Building Code 1985 Edition with the 1986 and 1987
revisions, as adopted by the City Code of the Municipality, all
as the same may be amended from time to time, shall not be
included within the definition of Certificate of Occupancy for
the purposes of this Agreement.
(d) "County" means and refers to Brevard County,
Florida, a political subdivision of the State of Florida.
(e) "County Form A" means and refers to a form which
may be unilaterally amended from time to time by the County but
is generally in the same form as attached hereto.
( f) "Development" shall be defined as set forth in
Section 380.04, Florida Statutes.
(g) "Development Permit" shall be defined as set forth
in Section 163.3164(7 ) , Florida Statutes.
(h) "Impact Fee" means and refers to the
transportation Impact Fee adopted by the Ordinance.
( i) "Impact Fee Study" means and refers to the below
listed reports, data, and studies, as well as any updates of
these reports, data, or studies, and including any new reports,
data, or studies supporting the need for an Impact Fee, the need
for new or expanded transportation infrastructure or facilities,
Impact Fee related socio-economic data or modeling, or
demonstrating the existence of a rational nexus between the
Impact Fee and the Ordinance and exactions placed on new
Development in a given Benefit Area, all of which have been
prepared by or in consultation with highly qualified
transportation planners and legal counsel who have substantial
experience in the preparation of transportation Impact Fee
2
programs. The Impact Fee program implemented by the Ordinance is
based upon the report entitled Comprehensive Impact Fee Study,
Brevard County - March, 1987, prepared by Kimley-Horn, and other
reports, data, and studies.
(j ) "Land Development Regulations" shall be defined as
set forth in Section 163.3164(22 ) , Florida Statutes.
(k) "Municipality" means and refers to the City of
Cape Canaveral, Florida, a Florida municipal corporation.
( 1 ) "Ordinance" means and refers to Brevard County
Ordinance No. 89-04, as amended from time to time.
(m) "TAC" shall mean and refer to the Technical
Advisory Committee described in Section 5. of this Agreement.
(n) "Voucher" means and refers to a form issued to an
Applicant by the County that when presented to the Municipality
affirmatively states that the Applicant has paid the applicable
Impact Fee for a particular structure or Development and which
form authorizes the Municipality to issue a Certificate of
Occupancy; provided that all other applicable governmental
regulations have been satisfied.
3. VOUCHER SYSTEM: The Municipality hereby agrees to
reasonably assist and cooperate with the County in the collection
of County Impact Fees as follows:
A. In compliance with the Ordinance, the Municipality
shall require, as a condition precedent to the issuance of a
Building Permit or Development and Certificate of Occupancy, the
presentation of an Impact Fee Voucher. Any reports or other
documents prepared by the Municipality or filed by the
Municipality with the County regarding the types of Development
uses or structures to be placed upon property for use by the
County or other interested persons to be used in computing the
appropriate Impact Fee amount for a particular Development may,
in the discretion of the Municipality, describe said structure or
use by reference to categories set forth in the Standard Building
Code 1985 Edition with the 1986 and 1987 revisions and all
applicable appendices, as adopted by Section 611, City Code of
the Municipality all as the same may be amended by the
Municipality from time to time. All forms designed by the County
for use by the Municipality regarding the Impact Fee program
shall be coordinated with the Municipality. "Coordinated" as
used in this Section 3.A. of this Agreement means that comments
from the Municipality to reduce and simplify paperwork shall be
solicited by the County, and when reasonably possible and
prudent, said comments shall be implemented. Further,
periodically, as deemed appropriate by either the Municipality' s
City Manager or the County Administrator, the County shall
3
provide briefing and training sessions to Municipality personnel
to improve the operation of the Impact Fee program.
B. By April 1, 1990 and by April 1 of each calendar
year thereafter, the County shall file an annual report for the
immediate preceding calendar year with the Municipality listing
all such Vouchers issued to each Applicant relating to real
property within the Municipality (as of the time issuance of the
Voucher) ; the amounts of fees collected; credit determinations
giving an Applicant credit against the Impact Fee and amount
payable for off-site improvements installed which has been
credited to the Applicant, together with the Applicant' s name,
project name and date of determination; vested rights
determinations exempting an Applicant from payment of the fee,
together with the Applicant's name, project location, and date of
vested rights determination; and credits issued with acceptable
securities, all for each applicable Impact Fee Benefit Area
within which the Municipality is located.
C. i. The County shall establish three (3 ) Impact
Fee collection points, one in North Brevard, one in Central
Brevard, and one in South Brevard, for the purposes of assisting
the public and collecting said Impact Fees. The location in
Central Brevard shall be the Brevard County Service Center, 2575
North Courtenay Parkway, Merritt Island, Florida, or such other
location as may be agreed upon in writing by the County
Administrator and City Manager of the Municipality.
ii. The County, upon payment by the Applicant of
the appropriate Impact Fee amount as required by the Ordinance,
shall issue a Voucher to the Applicant within one ( 1 ) regular
County business day after submission of the Applicant' s copy of
County Form A, except in the following cases: 1 ) request by the
Applicant for credit against the Impact Fee amount; 2) request by
the Applicant to be excused from payment of all or any part of
the Impact Fee amount due to a claimed vested right; 3 )
submission by the Applicant of data supporting a request for
payment of an alternative Impact Fee amount; or 4 ) application
for a Voucher for a non-residential Development.
iii. Upon the receipt of a completed County Form A
and approved site development plan or equivalent statement by the
Municipality for a non-residential Development, the County agrees
to issue a Statement identifying the amount of the applicable
Impact Fees to an Applicant within fifteen ( 15 ) regular County
business days, except in the following cases: 1 ) request by the
Applicant for credit against the Impact Fee amount; 2 ) request by
the Applicant to be excused from payment of all or any part of
the Impact Fee amount due to a claimed vested right; or 3 )
submission by the Applicant of data supporting a request for
payment of an alternative Impact Fee amount. The County upon the
Applicant' s payment of the appropriate Impact Fee as calculated
4
%moo *4100
under the Ordinance shall issue a Voucher to the Applicant
following submission of the Applicant' s copy of County Form A.
In the foregoing three (3 ) situations, the County shall issue a
Voucher within a reasonable time and shall make a good faith
effort to expeditiously process the request.
D. This method of collection shall remain in effect
for so long as this Agreement remains in effect.
E. The County shall have the responsibility to
preserve from waste or loss and by any means to invest Impact
Fees collected from Developments located within the Municipality;
provided, however, that the aforesaid Impact Fees collected from
Development within the Municipality shall only be invested in
accordance with laws governing investment of other public funds.
4. AGREEMENT TO ACCEPT BENEFIT AREAS/RATE STRUCTURE: The
Municipality agrees to the Impact Fee amounts and the Impact Fee
Benefit Area boundaries established by the County in the
Ordinance. Notwithstanding the foregoing sentence, the County
warrants and guarantees unto the Municipality that Impact Fee
amounts and Benefit Area boundaries are based on an Impact Fee
Study; that the Impact Fee program, Benefit Area boundaries, and
rate structure instituted by the Ordinance are based upon current
and reliable socio-economic data and transportation
studies/modeling; that the Impact Fee program, Benefit Area
boundaries, and rate structure instituted by the Ordinance will
not be amended unless based upon an updated, current and reliable
Impact Fee Study; and that the Impact Fee program instituted by
the Ordinance would more likely than not be upheld by a court of
competent jurisdiction. The County further understands that any
acceptance or agreement by the Municipality to the Benefit Area
boundaries, rate structure, or to participate in the Impact Fee
program implemented by the Ordinance, is based upon the foregoing
warranty and guarantee, and the County hereby waives any right to
assert said acceptance by the Municipality as a defense to any
hold harmless or indemnification clause in this Agreement or
otherwise expressly or impliedly made by the County.
5. OPERATION OF THE TECHNICAL ADVISORY COMMITTEE: Capital
projects eligible for Impact Fees revenues collected pursuant to
the above method shall be identified in a five ( 5 ) year Impact
Fee Capital Improvement Schedule (CIS) .
A. A Technical Advisory Committee shall be established in
each Benefit Area, consisting of one representative from the
County and each Municipality, which has an effective interlocal
agreement with the County to implement the Ordinance and having
lands which lie within the Benefit Area. Said representatives
shall be technically qualified relative to the subject of the
Impact Fee. "Technically qualified" as used herein means City
Managers, County Administrator, planners, engineers, lawyers,
5
*110
administrators or other professional individuals, all having
experience or a substantial understanding of the subject of
transportation planning. A local government' s appointment of an
individual to the TAC shall be an assurance to all other
participating local governments that the local government' s
appointment meets the requirements of this paragraph.
B. A five ( 5 ) year Capital Improvement Schedule (CIS)
for each Benefit Area for the utilization of Impact Fee revenues
shall be developed and annually reviewed and updated by the
applicable TAC using the Capital Improvement and Traffic
Circulation Elements of the Comprehensive Plans of all local
governments that are entitled to appoint a member to the TAC,
together with their most recent adopted capital improvement
program and other competent and reliable transportation data; and
in addition, the following minimum criteria shall be used to
establish the eligibility of a project for the establishment of a
priority for revenue distribution:
PRIORITY ELIGIBILITY
1 Any County or State roadway operating within
a locally designated temporary or
transitional level of service; or a
designated primary hurricane evacuation
route.
2 Any County or State rural or urban roadway
operating within or lower than a level of
service D and E, respectively.
3 Any roadway scheduled in the County or the
Municipality' s capital improvement program.
Revenues shall not be utilized for correcting deficiencies,
however, they shall be utilized to fund the future capacity
components for roadways scheduled in accordance with the
foregoing priority criteria. All Priority 1 projects shall be
accommodated prior to any revenue distribution to Priority 2
projects; likewise, Priority 2 projects shall be accommodated
prior to any revenue distribution to Priority 3 projects. The
TAC shall submit the CIS directly to the Board of County
Commissioners by January 1 of each calendar year with a copy to
the City Council of the Municipality.
C. The County shall initiate said annual update of
the CIS, and shall forward it to the Municipality at least thirty
(30) days prior to consideration for adoption by the County. The
Municipality shall receive at least fifteen ( 15 ) days notice of
the time, date, and place of any meeting of the Board of County
Commissioners at which the Board might adopt, reject, or adopt,
with amendment the CIS. All projects in which Impact Fee
6
tim0 `4000
revenues can be utilized shall be identified in the CIS, and all
projects shall be listed in order of priority as proposed by the
TAC. The TAC may also propose general road alignments, geometric
configuration, right-of-way width, whether a roadway should have
landscaped medians, type of landscaping for transportation
improvements, and other related factors.
D. The selection of projects and their priority in
the CIS, as well as adoption of road alignments, geometric
configuration, right-of-way width, whether a roadway should have
landscaped medians, type of landscaping for transportation
improvements, and other related factors, shall be the decision of
the Board of County Commissioners after due consideration of the
recommendations of all Technical Advisory Committees. The
recommendations of the TAC shall not be binding on the Board of
County Commissioners, but the Board of County Commissioners shall
regard the TAC recommendations as highly persuasive and shall
accord said recommendations great weight in reaching their final
determination. Further, this Section 5.D. shall not be construed
to prohibited the Municipality from providing supplemental funds
to provide landscaped medians; landscaping, improved alignments
or right-of-way widths; improved geometric configurations;
traffic signals; or other improvements.
E. Upon approval of the Impact Fee Capital
Improvement Schedule, the Brevard County Board of County
Commissioners shall integrate the selected and prioritized
projects into the County Capital Improvement Program in a manner
consistent with the policies of the Brevard County Comprehensive
Plan' s Capital Improvement Element, or authorize the release of
Impact Fee revenues to appropriate cities or towns for the timely
commencement of eligible roadway construction and expansion in a
manner consistent with the CIS and the principles set forth in
this Agreement.
F. Impact Fees may be used in combination with other
funding sources which respond to considerations different than
listed above. As such, the use of the fees collected for
combined project funding shall be identified in the annual review
of the CIS by both the County and the Municipality.
G. This method of project identification and
prioritization shall remain in effect for as long as this
Agreement remains in effect.
6. NOTICE OF IMPACT FEE LAWS: The Municipality agrees to
provide written notice to the County at least sixty ( 60) days
prior to consideration of or any effort to enact an Impact Fee
within the Municipality, or to modify, reconsider, or review any
existing Impact Fee, or to enact an ordinance negating the
County' s ability to collect Impact Fees pursuant to the Ordinance
within the Municipality. Further, the County shall not amend the
7
%110 *004
Ordinance without affording the Municipality at least forty-five
(45 ) days notice, as set forth herein, of the text of the
proposed amendment, as well as the time, place and date of the
public hearing at which the proposed amendment will be considered
by the Board of County Commissioners for adoption. If the
amendment is substantially modified by the Board of County
Commissioners and in order to allow the Municipality sufficient
time to determine whether to terminate this Agreement and to
"opt-out" of the Impact Fee program implemented by the Ordinance,
the County agrees that the Ordinance, as amended, shall not take
effect in the Municipality until at least forty-five (45 ) days
after adoption of the amendment; provided, specifically, however
any determination by the Municipality to opt-out of the Impact
Fee program shall not necessarily be deemed to have been approved
by the County by execution of this Agreement.
7. RECORDS: The County and the Municipality shall have the
reciprocal right to review the records of the other as to
receipt, allocation and expenditure of Impact Fees, including
records as to the issuance of Certificates of Occupancy. All
such inspections shall be made upon reasonable notice and at a
reasonable time and place. Upon a request to review or obtain
copies of records by one party to the other hereunder, the party
responding to a request for review shall furnish assistance as
well as copies of appropriate records for the Benefit Areas in
which the Municipality is located at no cost to the requesting
party.
8. ADMINISTRATIVE FEES: To reimburse the County for the
administrative costs incurred in the collection and allocation of
Impact Fees under this Agreement, the parties agree to allow the
County to retain a percentage of the Impact Fee collected, which
shall be established in the Ordinance adopting said Impact Fee
and which amount shall not exceed five percent ( 5%) .
9 . INDEMNIFICATION; HOLD HARMLESS: The County agrees to
hold the Municipality harmless from all liability which may
result from the performance of or omission to perform any of its
obligations herein. To the fullest extent permitted by law, the
County agrees to indemnify the Municipality against all losses,
damages, errors, omissions, claims, court costs, or attorneys
fees incurred, directly or indirectly, arising from or: 1 ) as a
result of the Municipality' s defense of its actions or omission
to act resulting, indirectly or indirectly, from the performance
of this Agreement or in cooperation with the County in pursuit of
fulfilling the requirements of the Ordinance; 2) in refusing to
issue either a building permit or Certificate of Occupancy in
furtherance of enforcement of the Ordinance and the Impact Fee
program effectuated by the Ordinance or this Agreement; 3 ) as a
result of the County' s actions pursuant to the Impact Fee program
or Ordinance, including but not limited to the making of or
failure to make or to timely: a) make determinations of vested
8
1400
rights, credits, appropriateness of alternative fee calculations,
developer agreements, b) and/or properly return funds to which
any Person may be entitled, or c) issue a Voucher.
Notwithstanding any other provision of this Agreement, the
parties hereto agree that the hold harmless and indemnification
provisions of this Agreement shall continue in full force and
effect regardless of the termination of this Agreement with
regard to acts or omission committed during the term of this
Agreement. This Agreement specifically includes a circumstance
where a court of competent jurisdiction orders repayment of
previously paid Impact Fee sums. Nothing herein shall be
construed to constitute a commitment by the County to indemnify
the Municipality for acts of negligence, be they by commission or
omission under any development permit or regulatory activity of
the Municipality pursuant to this Agreement or otherwise.
Nothing herein shall be construed to constitute a general pledge
of County or Municipality revenues.
10. All notices and clarifications required under this
Agreement shall be directed to the following offices:
FOR THE COUNTY: Director of Planning &
Development Services
Brevard County
2575 North Courtenay Parkway
Merritt Island, FL 32953
COPIES TO: Brevard County Clerk of the
Circuit Court
700 Park Avenue
Titusville, FL 32780
FOR THE MUNICIPALITY: City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
Unless otherwise set forth herein, any notices required to be
sent by one party to another pursuant to the provisions of this
Agreement shall be sent by certified United States mail, return
receipt requested, or by hand delivery, receipt requested.
Either party to this Agreement may unilaterally change the
designated individual or officer to whom notice is to be sent,
change the address of the individual or officer to whom notice is
to be sent, or designate up to one additional individual or
officer to whom notice is to be sent, by giving the other party
to this Agreement notice as specified herein.
11. EFFECTIVE DATE; RECORDING: Pursuant to Section
163.01( 11 ) , Florida Statutes, this Agreement, and any amendments
hereto, shall not become effective until and unless recorded in
the Public Records of Brevard County by the Clerk of the Circuit
9
Court for Brevard County, Florida. The County, at no cost to the
Municipality, shall make arrangements to immediately record this
Agreement and any amendments hereto, all as contemplated herein,
and upon recordation, a recorded copy shall be forwarded to the
Municipality in the manner in which notice is required to be
given.
12. AMENDMENT: This Agreement may be amended, but any such
amendment must be in writing and executed by the respective
authorized officials of each governing body. Further, all
amendments to this Agreement must be approved by separate votes
of the Municipality' s City Council and the County Commission, a
quorum being present of both respective bodies, and the meeting
at which each of the governing bodies approves said amendment
being duly noticed.
13. TERMINATION: This Agreement may be terminated upon
ninety (90) days written notice given by either party to the
other party hereto. With regard to any Impact Fees collected by
the County prior to the effective date of termination of this
Agreement, said funds shall remain the property of the County,
unless said funds are returned to a developer, property owner, or
other person as specified in the Ordinance. Notwithstanding the
termination of this Agreement, any rights granted to the
Municipality to participate in a TAC shall continue in full force
and effect until such time as all Impact Fees collected within
the Municipality have been irrevocably obligated for
transportation facility expansion purposes, all aS contemplated
herein. Notwithstanding the termination of this Agreement, any
other rights granted to the Municipality, as well as any
obligations of the County, all pursuant to this Agreement shall
not be terminated as to any funds collected from Developments
within the Municipality.
14. LITIGATION: In the event litigation is filed against
the Municipality which challenges: the Municipality' s refusal to
issue any Development Permit or Certificate of Occupancy because
the property owner, developer, applicant, or other Person has
failed to properly remit payment for Impact Fees pursuant to the
Ordinance, or in a timely manner, proper amount, or for any other
reason; or this Agreement or the Ordinance, within ten ( 10) days
of service of the pleadings on the Municipality, the Municipality
agrees to forward a copy of the pleadings to the County. Upon
written request of the County or in the discretion of the
Municipality, the County shall be named by the Municipality as an
indispensable party to such suit or failing such determination by
a court, the County shall be named as a third party defendant to
enable the County to defend this Agreement, the Ordinance, and
the Impact Fee program. The County agrees that in any such
action contemplated by the foregoing sentence, the Municipality
may have its choice of legal counsel, both for trial and
appellate purposes, all at the expense of the County. In the
10
event that litigation is filed against the County which
challenges this Agreement or the Ordinance, or the Impact Fee
program, within ten ( 10) days of service of the pleadings on the
County, the County agrees to forward a copy of the pleadings to
the Municipality. Upon written request of the Municipality in
which event the Municipality has not been named as a party to
said lawsuit, the Municipality shall be named by the County as an
indispensable party to such suit or failing such determination by
a court, the Municipality shall be named as a third party
defendant to enable the Municipality to defend this Agreement and
join in the defense of the Ordinance and the Impact Fee program.
In the case of the event outlined in the immediate foregoing
sentence in which the Municipality shall request to be joined,
the County may, in its sole and absolute discretion, refuse
indemnification of the Municipality as to its court costs and
attorney' s fees.
15. MAINTENANCE OF EFFORT: Although the parties hereto
acknowledge that the Board of County Commissioners can not
lawfully contract away its legislative powers, the County agrees
to the following policies and principles regarding the Impact Fee
program as envisioned by this Agreement:
A. Impact Fees collected pursuant to the Ordinance
and as contemplated by this Agreement shall be expended only for
new public transportation infrastructure and facilities, or any
expansion of existing public transportation facilities,
necessitated by new Development. The Impact Fees and amounts
thereof collected from individual Development projects shall bear
a rational nexus to the impacts upon public transportation
infrastructure created or caused by the new Development, all of
which impacts shall be located off-site of said Development.
B. The County shall not reduce its expenditure of
funds (other than transportation Impact Fees) in Benefit Area 9
to maintain or expand public transportation facilities and
services and otherwise expend said funds in other Benefit Areas
due to the fact that cities within those other Benefit Areas have
determined not to participate in the Impact Fee program set forth
by the Ordinance or for any other reason. Benefit Area 9 shall
have expended within their boundaries at least their fair share
of all funds expended by the County in furtherance of the
maintenance and expansion of public transportation facilities and
services. Failure of the County to adhere to this principle may
necessitate termination of this Agreement by the Municipality.
Further, the County recognizes that the Municipality might
thereafter seek to "opt-out" of the Impact Fee program, but any
determination by the Municipality to opt-out of the Impact Fee
Program shall not necessarily be deemed to have been approved by
the County by the execution of this Agreement.
11
C. The parties hereto agree and understand that the
Municipality' s participation in the Impact Fee Program is
significantly founded upon the understandings in this Paragraph
15, as well as the hold harmless/indemnification provisions of
Paragraph 9 .
16. INTERPRETATION: The use of the plural form of any word
includes the singular form of such word and vice versa, unless
the context suggests otherwise. Each subtitle or catchline set
forth in this Agreement is not to be construed as part of this
Agreement for purposes of interpretation, but rather, each such
subtitle or catchline is supplied for ease of reading. This
Agreement, and each word, clause, sentence, paragraph, and
provision, is to be read as a whole. However, the
unenforceability, illegality, or unconstitutionality of any
single word, clause, paragraph, or provision shall not be
construed, if at all possible, to invalidate the remainder of
this Agreement. In such circumstances this Agreement shall be
read as if such unenforceable, illegal, or unconstitutional word,
clause, sentence, paragraph, and provision were not a part of
this Agreement.
17. MUNICIPALITY' S ADVISORY COMMENTS: The County
recognizes that the Municipality is voluntarily participating in
the County' s Impact Fee program as effectuated by the Ordinance,
and that Impact Fee program funds collected within the
Municipality will be used to improve County operated and
maintained facilities. The Municipality recognizes that as a
direct result of the collection of Impact Fees, public
transportation facilities within the Municipality or directly
benefitting Development projects and residents of the
Municipality will be expanded. Both the Municipality and the
County recognize that as a result of the foregoing, improved
intergovernmental coordination is necessary. Consequently, the
Municipality shall be afforded an opportunity to comment on the
encumbrance by the County of any Impact Fee revenues collected by
the County from a Development within the Municipality for a road
or transportation project partially or wholly within the
Municipality (hereinafter: a "Proposed Project" ) . Said comments
to the County, although advisory in nature, shall be accorded
great persuasive weight by the County in its deliberations and
planning efforts. So that the Municipality may express its
comments to the County with regard to any Proposed Project and
consider whether to supplement funds to enhance the Proposed
Project, the County shall forward to the Municipality for comment
all proposals for roadway widening or construction or other
transportation improvements to be constructed partially or wholly
within the Municipality and partially or wholly funded by any
Impact Fees in the manner provided for notice under this
Agreement. Each proposal for such Proposed Project forwarded to
the Municipality shall identify or include: a) the location of
the proposed improvement; b) a description of the nature of the
12
%MO 4110
improvement; c) a good faith projection of an estimate of the
overall cost of the improvement; d) a good faith estimate of the
amount of Impact Fees collected from Developments within the
Municipality included within the costs, if any; e) the projected
commencement and completion date of construction of the Proposed
Project; f) a description of the proposed width of the roadway or
facility; and g) a description of proposed landscaping features,
deceleration/acceleration lane features, traffic light locations,
medians, landscaped medians, and other significant features of
the transportation facility. Said information regarding the
Proposed Project shall be forwarded by the County to the
Municipality in the earlier stages of the design phase of the
Proposed Project. From the date of receipt by the Municipality
of the foregoing information, items a) through g) , inclusive,
regarding a Proposed Project from the County (as specified in
this Paragraph 17 ) , the Municipality shall have sixty ( 60)
calendar days to provide the County with any comments regarding
the Proposed Project. After completion of preliminary
construction drawings, but prior to finalization of the design
process, a copy of the detailed drawings shall be forwarded to
the Municipality for additional advisory comments, if any. From
the date of receipt by the Municipality of the foregoing
referenced drawings regarding the Proposed Project from the
County, the Municipality shall have thirty (30) calendar days to
provide the County with any comments regarding the Proposed
Project.
IN WITNESS WHEREOF, this Interlocal Agreement has been fully
executed on behalf of the County and the Municipality by their
duly authorized representatives on the respective dates below.
ATTEST: BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
BY:
Roger Dobson, Chairman
DATE:
CITY OF CAPE CANAVERAL,
FLORIDA
ATTEST:
BY:
City Clerk Mayor
DATE:
13
RESOLUTION NO. 89-3
A RESOLUTION APPOINTING A REGULAR
MEMBER TO THE BEAUTIFICATION BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
WHEREAS , the City Council of the City of Cape Canaveral,
Florida, has by Ordinance No. 11-68 created a Board to be known
as the Beautification Board of the City of Cape Canaveral ,
LOP Florida; and
WHEREAS , it is now incumbent upon the City Council to ap-
point a member to said Board;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Patricia Cano is hereby appointed as a regular
member of the Beautification Board with a term to expire on
November 1, 1990.
SECTION 2 . This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1989.
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
RESOLUTION NO. 89-36
A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO AN AGREE-
MENT WITH EMIDDIO MARIANI (ANGEL' S
ISLE ) FOR PAVING THE INTERSECTION OF
WEST CENTRAL AND TOWER BOULEVARD.
NOW THEREFORE , BE IT RESOLVED, by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1 . The Mayor and the City Clerk are hereby author-
ized to execute an agreement with Emiddio Mariana (Angel ' s Isle)
for paving the intersection of West Central and Tower Boulevard.
SECTION 2 . This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1989 .
Mayor
Attest:
City Clerk
Approved as to Form:
City Attorney
400 *40
RESOLUTION NO. 89-49
A RESOLUTION AUTHORIZING THE CITY OF
CAPE CANAVERAL, FLORIDA TO ENTER INTO
AN AGREEMENT WITH CITY MANAGER, LEO
C. NICHOLAS; PROVIDING AN EFFECTIVE
DATED.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1 . The Mayor and the City Clerk are hereby author-
IVized to execute an Agreement with City Manager, Leo C. Nicholas;
a copy of said Agreement is attached hereto and made a part
hereof by reference.
SECTION 2 . This Resolution shall become effective immed-
iately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this day of , 1989 .
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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AT WILL EMPLOYMENT AGREEMENT
THIS AGREEMENT, made this _ _ day of
1989 by and between the City of Cape Canaveral, Florida, a municipal
corporation ("Employer"), and Leo C. Nicholas, ("Employee"). In
consideration of the mutual premises set forth, it is agreed as follows:
Section 1. Employment and Duties
Employer employs the Employee to serve as City Manager
of Cape Canaveral, Florida. The Employee shall serve at the pleasure
and will of the City Council and shall perform such duties as set forth
in the Charter of the City of Cape Canaveral, as said Charter may be
amended from time to time, together with such other duties as may
be properly assigned to him from time to time by the City Council.
The Employee agrees that at all times during the term of this
Agreement he will be available to perform his duties of employment,
not only during normal business hours, but also at such times as the
Employer shall request.
Section 2. Performance
The Employee agrees to devote his entire time and
attention to the Employer's business, and shall not render any
services of a professional or business nature to any other person or
organization without the Employer's prior written consent.
Section 3. Term
A. Nothing in this agreement shall prevent, limit or
otherwise interfere with the right of the City Council to terminate the
services of Employee at any time, subject only to the provisions set
forth in Section VI of the City Charter, and Section 4 of this
Agreement.
B. Nothing in this agreement shall prevent, limit or
otherwise interfere with the right of the Employee to resign at any
time from his position with the City, subject only to the provisions
set forth in Section 4, paragraph C, of this agreement.
Section 4. Termination and Severance Pay
A. In the event Employee is terminated by the City
Council for any reason other than as specified in paragraph 4(c)
during such time that Employee is willing and able to perform the
duties of City Manager, the City shall pay Employee a lump sum cash
payment equivalent to months base salary together with
all unused vacation, one-half accrued sickleave, and any other
accrued leave or benefit. Provided, however, that any vacation, sick
leave or other benefit or leave advanced to Employee shall be
deducted from the lump sum payment.
B. In the event the City at any time during the
employment of said employee reduces the salary or other financial
benefits of Employee in greater percentage than an applicable
across-the-board reduction for all City employees, Employee may at
his option be deemed to be "terminated" at the date of such
4600
reduction or such refusal to comply with the meaning and context of
the herein severance pay provision.
C. If Employee pleads nolo contendre or is found guilty
by a judge or jury (even if adjudication is withheld) of a felony or
first degree misdemeanor, or their equivalent if in a non-Florida
jurisdiction, then if the Employee is terminated he forfeits all
entitlement to any termination pay or benefits set forth in paragraph
4(a).
D. If Employee resigns his position, he shall give the city
two (2) months written notice. The notice may be waived by mutual
consent of the parties. In the event of resignation the Employee is
entitled to all accrued benefits as of the date he leaves the city's
employ.
Section 5. Salary
City agrees to pay Employee for his services rendered
pursuant hereto a base salary of $ _ per month. This
amount includes those monies described in Section 11 paid to
Employee in lieu of health and life insurance coverage.
In addition, City agrees to increase said base salary
and/or other benefits of Employee in such amounts and to such an
extent as is given employees generally.
Section 6. Vacation. Sick Leave. Other Leave
Employee shall earn vacation leave at the same rate as
earned by other City Management employees as specified in the City
Personnel Policy, that is, ten (1) work days vacation each year. Sick
• leave shall be earned at the rate of one (1) day sick leave for each
month of employment (12 days a year). Holidays, bereavement
leave, military leave, civil leave, training leave, emergency leave, and
compensatory leave shall be earned and accrued at the same rate as
earned and accrued by other City Management personnel in
accordance with the City Personnel Policy.
Section 7. Retirement Contributions
City shall include Employee in its deferred compensation
plan upon its adoption.
Section 8. Indemnification
The City agrees that Employee shall be a named insured
in the City's general liability insurance coverage.
Section 9. Automobile
Employee shall have the exclusive and reasonable use, at
all times and within the scope of his employment with the City, of an
automobile provided to him by the City. City shall be responsible for
paying for the purchase, operation, maintenance repair, insurance,
and regular replacement of said automobile. If the vehicle is
460 1440
inoperative or unavailable, the City shall pay mileage expense in the
same amount as other city employees.
Section 10. Dues and Subscriptions
The City agrees to budget and to pay the professional
dues and subscriptions of Employee necessary for his continuation
and full participation in national, state and local associations
necessary and desirable for his continued professional participation,
growth, and advancement and for the good of the City.
City recognizes that certain expenses of a non-personal
and generally job-affiliated nature are incurred by Employee, and
hereby agrees to reimburse or to pay said general expenses, and the
Finance Director is hereby authorized to disburse such monies upon
receipt of duly executed expense or petty cash voucher, receipts,
statements or personal affidavit
Section 11. Health and Life Insurance
Employee has his own life and health insurance. He
therefore wants the City to add to his base salary an amount equal to
said insurance premiums, in lieu of City funded health and life
insurance.
Section 12. Professional Development
A. City hereby agrees to budget and to pay the travel
and related expenses of Employee for professional and official travel,
meetings, and occasions adequate to continue the professional
development of Employee and to adequately pursue necessary
official and other functions for City, including, but not limited to, the
annual meetings of state and national City Management Associations
and Leagues of Cities, and such other national, regional, state and
local government groups or committees thereof on which employee
serves as a member.
B. City also agrees to a budget and pay for the travel and
related expenses of Employee for short courses, institutes and
seminars that are necessary for his professional development and for
the good of the City.
Section 13. General Expenses
City recognizes that certain expenses of a nonpersonal
and generally job-affiliated nature are incurred by Employee, and
hereby agrees to reimburse or to pay said general expenses, and the
Finance Director is hereby authorized to disburse such monies upon
receipt of duly executed expense or petty cash voucher, receipts,
statements or personal affidavits.
Section 14. Evaluation
Employer shall review and evaluate Employee's
performance twelve (12) months from the date of this Agreement,
and annually thereafter. Said review and evaluation shall be in
accordance with specific criteria developed jointly by Employer and
1000Employee. The Employer shall provide the Employee with a
summary written statement of the findings, and will provide the
Employee with an opportunity to discuss the evaluation with the
Employer. Merit increases if any shall be based upon this evaluation
at the discretion of the City Council.
Section 15. General Provisions
A. The text herein shall constitute the entire agreement
between the parties.
B. This agreement shall be binding upon and inure to the
benefit of the heirs at law and personal representative of Employee.
C. This agreement shall become effective upon its
execution.
D. If any provision or any portion thereof, contained in
this agreement is held to be unconstitutional, invalid or
unenforceable, the remainder of this agreement or portion thereof,
shall be deemed severalbe, shall not be affected, and shall remain in
full force and effect.
E. This Agreement shall be interpreted and governed by
the laws of Florida. Venue for any action hereunder shall be in
Brevard County, Florida, or if a federal action is commenced, in the
federal court in Orange County; Florida.
IN WITNESS WHEREOF, the City of Cape Canaveral has caused
this agreement to be signed and executed in its behalf by its Mayor
and duly attested by the City Attorney and Clerk, and the Employee
has signed and executed this agreement, both in duplicate, this date.
Mayor
Attest:
City Attorney
City Clerk
Date Employee
RESOLUTION NO. 90-19
A RESOLUTION OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
REQUESTING THE BREVARD COUNTY TOURIST
DEVELOPMENT COUNCIL ALLOCATE AT
LEAST 35 PERCENT OF THE THIRD CENT OF
THE TOURIST DEVELOPMENT TAX TO
FINANCE IMPROVEMENT, MAINTENANCE,
RENOURISHMENT AND EROSION CONTROL OF
BREVARD COUNTY' S BEACHES; PROVIDING
AN EFFECTIVE DATE.
11, WHEREAS, the Atlantic Ocean beach is Brevard County' s most
popular natural amenity; and
WHEREAS , the Atlantic Ocean beach is also Brevard County' s
most tangible attraction for tourists; and
WHEREAS, the voters of Brevard County approved a Tourist
Development Tax in November 1986 in order to improve the
county' s amenities to make the area more attractive for tourists
and residents; and
WHEREAS, the Tourist Development Council allocated 35 per-
cent of the first two cents of the Tourist Development Tax to
finance improvements, maintenance, renourishment and erosion
control of Brevard County beaches; and
WHEREAS, the Florida Legislature has authorized that up to
50 percent of Tourist Development Tax monies may be allocated to
beach improvement, maintenance, renourishment and erosion
control; and
WHEREAS, it is a great disservice to the citizens of
Brevard County, and to all tourists visiting Brevard County
beaches , to dilute the funding for improvement , maintenance,
renourishment and erosion control of Brevard County beaches;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
40
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1 . The City Council of the City of Cape Canaveral,
Florida proposes that the Brevard County Tourist Development
Council immediately commit at least 35 percent of the third cent
of the Tourist Development Tax to finance improvements, mainte-
nance, renourishment and erosion control of Brevard County
beaches.
Resolution No. 90-19
Page 1 of 2
p
ifte 4m0
SECTION 2. The City Council of the City of Cape Canaveral,
Florida, proposes that the Brevard County Tourist Development
Council should support the use of these funds as local matching
funds for the beach management and improvement grants, which
would be sought by Brevard County and by Municipalities. .
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1990 .
Mayor
ATTEST:
City Clerk
Approved as to Form: 66; )
G
,�`
j11
City Attorney c6r'" O
[0
Resolution No. 90-19
Page 2 of 2
410
RESOLUTION NO. 90-33
A RESOLUTION APPOINTING AN ACTING CITY
MANAGER; PROVIDING COMPENSATION; PRO-
VIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida as follows:
SECTION 1 . Bennett C . Boucher is hereby appointed as Acting
City Manager of the City of Cape Canaveral .
[V SECTION 2 . This shall be a temporary assignment on an
interim basis until otherwise advised by City Council, and shall
be in addition to his regular job duties as Finance Director and
Public Works Director. This temporary appointment as Acting City
Manager shall not impact upon any benefits or rights he may enjoy
as Finance Director or Public Works Director.
SECTION 3 . Mr . Boucher shall receive additional compen-
sation in the amount of $200. 00 per week while acting in this
capacity.
SECTION 4 . This Resolution shall take effect June 20, 1990.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1990 .
Mayor
ATTEST:
City Clerk
Approved as to Form:
(0
City Attorney
(l�C
yla.1--&-0 a t
d
(60
RESOLUTION NO. 90-60
A RESOLUTION OBJECTING TO THE EXTEN-
SION OF THE SOUTH JETTY PRIOR TO THE
CONSTRUCTION OF THE SAND TRANSFER
FACILITY AT PORT CANAVERAL; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, when the Corps of Engineers in the early 1960 ' s
proposed widening and deepening the Canaveral Harbor, their
studies recognized that the jetties and the port inlet would
impede the natural littoral drift of sand along Brevard Beaches;
and
WHEREAS, the Corps of Engineers proposed to the U.S.
Congress that a sand transfer facility be authorized to mitigate
the aforementioned loss of littoral drift; and
WHEREAS, the U.S. Congress in 1962 authorized a sand trans-
fer facility to be constructed at the Canaveral Harbor as a 100%
Federally funded project for mitigations; and
WHEREAS, without this vital facility, the beaches of Brevard
south of the port entrance, including Cape Canaveral, will be
deprived of annual nourishment of approximately 140,000 cubic
yards a year of net southern littoral sand drift which will cause
further erosion of Cape Canaveral beaches that are in critical
condition; and
WHEREAS, there is consideration to extend the south jetty
prior to construction of the sand transfer facility, which exten-
sion may exacerbate the erosion of the southern beaches;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows :
SECTION 1 . It is hereby requested that no extension of the
south jetty be made until construction of the sand transfer
facility is completed.
SECTION 2 . This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1990 .
i* Mayor
ATTEST:
City Clerk el
Approved as to Form: d
o �
City Attorney