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Resolution 290-1987 Billy Wagner, Director Civil Defense Office RESOLUTION NO. 290 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR AND CHAIRMAN OF SAID BOARD TO EXECUTE AN AGREEMENT BY AND BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY CONCERNING POST-DISASTER REDEVELOPMENT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby authorizes the Mayor and Chairman of said Board to execute an Agreement by and between the Florida Department of Community Affairs and Monroe County, a copy of same being attached hereto, concerning post- disaster redevelopment. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of July, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA .'.." ...... (Seal) Attest:DANNY 1... KOLHAGE, Clerk ~~.R'k".~j" C er ' 8Y tlPPROIIED AS TO FonM ."1 A D GAL SUFFICIENCY. " .> J ~ !J '~/,,(/ AtMmey's Officf>. I / ~ --~ . . 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 Community Affairs, hereinafter referred to as the "Department '1, and Monroe County , 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-l3, Florida Administrative Code. The parties mutually agree as follows: 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 ~ligible 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 disastec 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 areas; 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. -2- ~ '0 determi ne on a case-by-case bas h,. ....ether heavy industrial operation, with processes or products potentially dangerous to public safety and the environment~ schools~ and mobile home parks: 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, t.he costs to the community at large, the effect on resjdents of the area, and the ~osts 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 Torn Brown, County Administrator, Public Service BldR., Key West (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. -3- 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 undersiqned officials as duly authorized. POLITICAL SUBDIVISION: BY: Name and Ti tIe Date (Seal) Clerk STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Name and Ti tle Date . , AP~. ~'ED AS TO FON!! " '''1 tl,- .IU-fl,f'"'\ ,r,f" ,,".-:.oll. "I.rlr:~,..."" ;.~_.;ju",,~"" _~ :'" ~ ,"".--.., .-', J/...... . n ;-;:---'- \ 11 tt ,.,.",.'., ,,<, /,>',.. \.: ..,~_ ' v \ ,1 -4-