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HomeMy Public PortalAboutOrdinance 1864 - LMSInst. #3551969 Bk: 3623 Pg: 1896 Page 1 of 2 Recorded: 5/23/2022 11:46 AM RECORDING ARTICLE V: $8.00 RECORDING: $10.50 ORDINANCE: 1864 DEPUTY CLERKAPRESTWOOD JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, REPEALING THE 2016 OKALOOSA COUNTY LOCAL MITIGATION STRATEGY; PROVIDING FOR AUTHORITY; PROVIDING FOR FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, to ensure local communities prepare for natural disasters and as a prerequisite to receive certain disaster funds, the Robert T. Stafford Disaster Relief Act (42 USC 5121-5207), as modified by the Disaster Mitigation Act of 2000 (44 CFR 201), requires local governments develop a Local Mitigation Strategy (LMS); and WHEREAS, Okaloosa County adopted its first LMS in 1999, which it readopted with revisions in 2006, substantially revised in 2011, and further updated in 2016; and WHEREAS, City Council adopted the 2016 Okaloosa County LMS on October 10, 2016; and WHEREAS, Okaloosa County has updated its LMS in 2021 and submitted such plan to the Florida Division of Emergency Management (FDEM), which approved the 2021 Okaloosa County LMS on October 18, 2021; and WHEREAS, the City of Crestview is required to formally adopt the Okaloosa County LMS prior to submittal to Federal Emergency Management Agency (FEMA) by the State of Florida; and WHEREAS, upon review of the 2021 LMS for Okaloosa County, the City Council of the City of Crestview does formally repeal the 2016 Okaloosa County Local Mitigation Strategy to allow for the adoption of the 2021 Okaloosa County Local Mitigation strategy by resolution of the City Council to ensure the City of Crestview and its residents are able to receiver certain types of pre -disaster and post -disaster funds caused by natural disasters. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — REPEAL OF 2016 LMS — The Okaloosa County 2016 Local Mitigation Strategy is hereby repealed in its entirety. SECTION 3 — FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 4 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 6 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 7 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of Charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 9th day of May 2022. Approved by me this 9th day of May 2022. Mayor ATTEST: `0%%%%f C RES?!••,,. 4.. vflo p /1.zED.P ,,: Mar ann Sc' rader, City Clerk