HomeMy WebLinkAboutResolution No. 1966-40 o
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4-10-80 �J
RESOLUTION NO. f 6zio
- A ,RESOLUTION DEMANDING •'CORRECTION BY
THE STATE ROAD DEPARTMENT OF CERTAIN
DRAINAGE PROBLEMS CAUSED BY THEIR ACT
• IN CONSTRUCTION OF NEW STATE ROAD 401-
I AlA; PROVIDING AN EFFECTIVE. DATE.
WHEREAS, The City Council of the City of Cape Canaveral
did by Resolution No. 50 adopted on March 10, 1964, and trans-
mit to the State Road Department a request for an engineering
study o'f the drainage problems instant to State Road 4101-A1A
due to ;the State Road Departments design and construction
of the 'said road; and,
WHEREAS, in said Resolution No. 50 it was requested of !;
the State Road Department that it install facilities to pro- .
. vide adequate and ,proper drainage of said state road; and,
WHEREAS, more than two years have expired since the
adoption of said resolution and its transmittal; and,
WHEREAS, it is now deemed necessary to again acquaint
the Stale Road Department with the serious drainage problems
created' by State Road 4401-A1A in the City of Cape Canaveral
and its;iresponsibility relating thereto; and,
WHEREAS, it is the opinion of the City Council of the
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City of; Cape Canaveral based upon competant engineering
advicethat • when State Road 4101-AlA was constructed through
the City of Cape Canaveral no provision was made to properly
drain the said road right-of-way other than unto private and
municipal property; and,
WHEREAS, the super elevation of the said state road has
interfered with and completely blocked the historical and
natura]J drain of the city; and,
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WHEREAS, as early as April, 1964, this opinion of the city
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as to the responsibility for correction of the drainage of the
said state road was acknowledged and subscribed to by State
Road Department engineers; , and,
WHEREAS, as recent as November, 1965, the City of Cape
Canaveral and the 'State Road Department, .through its agents,
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servants and employees agreed that the funds of the State
Road Department would participate in correcting and alleviating
the drainage of the said state road right-of-way either (1) in
the form of cash monies in an amount in excess of two hundred
thousand dollars ($200,000) ; (2) performance of a ,portion of
construction or, - (3) an annual payment by the State) Road
a ,
Department to the City of Cape Canaveral to represent a fair
share of the annual debt service for, the drainage facility;
and
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WHEREAS, the afore mentioned assistance by the State
Road Department in either of the three forms were to be
rendered during the city's construction of its city wide
drainage project; and,
WHEREAS, the. city is now informed through its consulting
engineers that the State RAoad Department now states it is
without the funds to, correct its acknowledged fault as before
mentioned; and, .
WHEREAS; time is of the essence in that it, the city, has
conducted a referendim election authorizing a GOB issue for
storm drainage, validated the bonds and has this day awarded
. a constfruction contract for its city wide paving and drainage
project;. .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL; FLORIDA, AS FOLLOWS:
• SECTION 1. Demand is hereby made upon the State Road
Department of the State of Florida to correct the draining of
State Road 401-AlA right-of-way through the City of Cape
Canaveral, either individually or through participation with
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the City of Cape Canaveral.
SECTION 2. The City Clerk is hereby' 'directed to trans •
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mit a dopy of this resolution to the Honorable Willard Peebles,
State Road Board' Member, State Road Department, Deland, Florida;
Chairman of the State Road Board, State Road Department,
Tallahassee, Florida; District Engineer, State Road Department,
Deland,fi Florida and the Honorable Governor, Haydon Burns,
State Capital Building, Tallahassee, Florida.
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4-10-80 .
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ADOPTED by the City Council of the City of Cape Canaveral, .
Florida., on this the 16th day of August, 1966.
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APPROVED AS TO FORM:
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