18-3069 Howell Creek Assignment of Drainage Easment

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RESOLUTION 18-3069 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF DRAINAGE EASEMENT WITH SEMINOLE COUNTY FOR HOWELL CREEK; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Casselberry experienced significant erosive damage within Gee Creek and Howell Creek basins as a result of Hurricane Irma in September 2017; and WHEREAS, the City Commission authorized City staff to submit an application to the United States Department of Agriculture Natural Resources Conservation Service (USDA NRCS) in an effort to obtain a grant to offset the costs associated with erosion control measures in Gee Creek and Howell Creek basins worsened by Hurricane Irma; and WHEREAS, on June 11, 2018, the City Commission approved a Cooperative Agreement with the USDA NRCS in which the NRCS awarded the City funding to assist with the erosion control in Gee Creek and Howell Creek basins; and WHEREAS, Seminole County has an exclusive drainage easement over Howell Creek; and WHEREAS, Seminole County has approved and executed an Assignment of Drainage Easement, which will allow the City to construct the erosion control project in Howell Creek; and WHEREAS, staff has reviewed the Assignment of Drainage Easement and finds it sufficient to meet the needs of 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 and authorizes the Mayor to execute the Assignment of Drainage Easement with Seminole County, attached as Attachment A, 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 All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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. SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.