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<br />RESOLUTION 08-1940 <br /> <br />"A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING <br />THE EXECUTION OF AN EXIGENCY AGREEMENT WITH THE UNITED <br />STATES DEPARTMENT OF AGRICULTURE, NATURAL RESOURCES <br />CONSERVATION SERVICES (NRCS) FOR FIVE (5) EROSION CONTROL <br />PROJECTS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE <br />DATE." <br /> <br />WHEREAS, under the provisions of Section 216 of Public Law 81-516, the United States <br />Department of Agriculture authorized the NRCS to assist State and local governments with <br />relieving hazards created by natural disasters that cause sudden impairment of a watershed; and <br /> <br />WHEREAS, the Gee Creek weir at Laura SI.; the Queens Mirror Circle/South Lake Triplet <br />channel; the North Lake Triplet/Secret Lake Park channel; Gee Creek behind Gee Creek Lane; <br />and the North Winter Park Drive Bridge at Gee Creek have all experienced pervasive erosion as a. <br />result of Tropical Storm Fay and said erosion has threatened homes and critical public <br />infrastructure (utilities, bridges, control structures, etc.); and <br /> <br />WHEREAS, NRCS has approved the City's application for the five erosion control projects <br />and has agreed to provide 75% funding (not to exceed $1,925,000) of the construction costs <br />associated with the project, provided that the City provide a 25% match ($641,666); and <br /> <br />WHEREAS, Public Works staff has reviewed the Exigency Agreement submitted by the <br />USDA-NRCS and has found it to be favorable to the City. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF <br />CASSELBERRY, FLORIDA, AS FOLLOWS: <br /> <br />SECTION I. The City Commission of the City of Casselberry hereby approves the <br />Exigency Agreement with the United States Department of Agriculture, Natural Resources <br />Conservation Services (NRCS), attached as "Exhibit A", and authorizes the Mayor to execute said <br />document on behalf of the City. <br /> <br />SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the <br />provisions of this Resolution are hereby repealed. <br /> <br />SECTION III. Severabilitv. If any Section or portion of a Section of this Resolution proves <br />to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, <br />force, or effect of any other Section or part of this Resolution. <br /> <br />SECTION IV. Effective Date. This Resolution shall become effective immediately upon its <br />passage and adoption. <br /> <br />PASSED and ADOPTED this .JQf'v,j day of , AD 2008. <br /> <br /> <br />ATJ~4J/!f~k <br /> <br />Donna G. Gardner <br />City Clerk <br />