08-1858 Gee Creek Erosion Control Project Agreement with Department of Agriculture Natural Resources Conservation Service

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RESOLUTION 08-1858 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE, NATURAL RESOURCES CONSERVATION SERVICES (NRCS) FOR THE EROSION CONTROL PROJECT FOR GEE CREEK AND THE RELATED BUDGET AMENDMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." WHEREAS, under the provisions of Section 216 of Public Law 81-516, the USDA authorized the NRCS to assist State and local governments with relieving hazards created by natural disasters that cause sudden impairment of a watershed; and WHEREAS, a segment of Gee Creek, immediately behind the homes on the south end of Osceola Trail, has experienced pervasive erosion and said erosion has threatened homes and appurtenant structures (pools, concrete decks, sheds, etc.); and WHEREAS, the deterioration of Gee Creek was identified as a problem area in the recently adopted Stormwater, Lakes Management, and Water Quality Master Plan and funded through the stormwater utility fess allocated for future years; and WHEREAS, in March, 2007, the Public Works Department submitted an application to NRCS to leverage stormwater utility funding presently available; and WHEREAS, The NRCS has approved the City's application and has agreed to fund 75% (not to exceed $130,000) of the construction costs associated with the project, provided that the City provide a 25% match ($43,333); and WHEREAS, a budget amendment is necessary to recognize the increased spending for this project; and WHEREAS, Public Works staff has reviewed the agreement submitted by the USDA- NRCS and has found it to be favorable to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselberry hereby approves the agreement with the United States Department of Agriculture, Natural Resources Conservation Services (NRCS), attached as "Exhibit A", and the related budget amendment and authorizes the Mayor to execute said document on behalf of the City. SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution.