City of DeLandCity Clerk's Office

AGENDA FOR A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF DELANDHELD ON SATURDAY, NOVEMBER 23, 2019 AT 5:00 PM

CITY HALL COMMISSION CHAMBERS 120 SOUTH FLORIDA AVENUE, DELAND, FLORIDA

1. CALL TO ORDER 2. INVOCATION 2.1 Consideration of Waiver to the Construction Timing Requirements 258 W Voorhis

Avenue

City Community Redevelopment Agency is requested to approve the Waiver of TimingRequirements for the J. W. Wright Building as a prelude for the Underutilized BuildingGrant request.

258 W Voorhis Avenue Waiver to Construction Timing Requirements.pdf 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. CEREMONY 6. PRESENTATIONS 7. CONSENT AGENDA 8. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT 9. OLD BUSINESS 9.1 Consideration of Waiver to the Construction Timing Requirements 258 W Voorhis

Avenue

City Community Redevelopment Agency is requested to approve the Waiver of TimingRequirements for the J. W. Wright Building as a prelude for the Underutilized BuildingGrant request.

258 W Voorhis Avenue Waiver to Construction Timing Requirements.pdf1

10. NEW BUSINESS 10.1 Doug's Item 1 Sample City Ord.pdf Sample Proclamation.pdf 11. CITY COMMISSION REPORTS

1. Report re Elected Officials Round Table.2. Report re River-to-Sea TPO.3. Report re River of Lakes Heritage Corridor.

12. CITY MANAGER REPORT 13. CITY ATTORNEY REPORT 14. CITY CLERK REPORT 15. CITY COMMISSION 16. ADJOURNMENT

2

The DeLand City Commission holds its regular meetings on the first and third Mondays of each month at 7:00p.m. in the DeLand City Commission Chambers, 120 South Florida Avenue, DeLand. Notice of specialmeetings, workshops, changes in dates, times or locations are provided by separate Public Notices, which areposted at City Hall and on the City's web site.The City of DeLand may take action on any matter during this meeting, including items that are not set forthwithin this agenda. Public participation is encouraged on any matter on the agenda. If you desire to be recognized by the Mayor,please fill out a Speaker's Card and present it to the City Clerk.Minutes of the DeLand City Commission meetings are not transcribed verbatim. If any person decides toappeal a decision made by the City Commission with respect to any matter considered at a public meeting orhearing, he/she will need a record of the proceedings including all testimony and evidence upon which theappeal is to be based. To that end, such person will want to ensure that a verbatim record of the proceedings ismade by a court reporter, at the person's own expense. In accordance with the American Disabilities Act, persons needing a special accommodation in order toparticipate in the proceedings should notify the City Clerk's Office at least 48 hours in advance of the meeting:626-7132. Assisted Listening System receivers are available for the hearing impaired and can be obtained from the CityClerk. If you wish to obtain information regarding the City Commission's Agenda, please call the City Clerk's Office:626-7132. We respectfully request that all pagers and cell phones be turned OFF during City Commission meetings. Electronic Information! City Commission agendas and short form minutes are now available on the City'sweb page: www.deland.org.

3

CITY OF DELAND, FLORIDA

REQUEST FOR COMMISSION ACTIONNOVEMBER 23, 2019

AGENDA ITEM NO. 9.1

Item Cover Page

CITY COMMISSION AGENDA ITEM REPORT DATE: November 23, 2019 SUBMITTED BY: Granicus Support, Community Development ITEM TYPE: Agreement AGENDA SECTION: INVOCATION SUBJECT: Consideration of Waiver to the Construction Timing

Requirements 258 W Voorhis Avenue SUGGESTED ACTION: City Community Redevelopment Agency is requested to approve

the Waiver of Timing Requirements for the J. W. Wright Buildingas a prelude for the Underutilized Building Grant request.

SUMMARY/HIGHLIGHT: City of DeLand has created grant programs to assist businesses

and has determined that under extraordinary circumstances, agrant applicant may request a waiver to allow construction tocommence prior to the approval of a grant. Examples couldinclude IRS requirements, business leasing requirements or othercircumstances beyond the control of the applicant. The applicant,Mark Shuttleworth, has requested a waiver to allow structuralstabilization work to proceed prior to the awarding of the grant.

STRATEGIC PLAN FOCUSAREA/ACTION STEP:

Economy: Foster an entrepreneurial environment that supportslocal businesses.

Action Step: Provide incentives to encourage redevelopment andhistoric preservation downtown.

SUSTAINABILITY: Not applicable FISCAL IMPACT: Approval of this waiver in itself will have no Fiscal Impact.

However, approval of this waiver will pave the way to anapplication for a $20,000 CRA improvement grant. 4

RECOMMENDATION: It is recommended that the CRA approve this waiver to the timing

requirements BACKGROUND/DISCUSSION: The J.W. Wright Building was purchased by the Greater Union

First Baptist Church at a Volusia County Tax Deed Auction in2016. The building is located across the street from the church.Over the past years with the assistance of Stetson University aseries of assessments were performed to better understand thecommunity’s needs, the study indicated the local residentsexpressed a strong need for better health information, job trainingand business incubation and start-up assistance. In order torespond to these needs, in 20128 the Greater Union BaptistChurch transferred ownership of the Wright Building to its 501(c)(3), the Greater Union Life Center, Inc. The Life Center is a socialwork-based non-profit serving DeLand residents of the SouthwestQuadrant of the City. Its board of directors formulated a strategyto restore and utilize the Wright Building as a home to theorganization’s inter-agency and volunteer programs, as well as anexhibition space to revive, preserve, and celebrate the localcommunity’s history and culture.

ATTACHMENTS:258 W Voorhis Avenue Waiver to Construction Timing Requirements.pdf

5

Waiver to the construction timing requirements In the Citv of DeLand grant programs

The City of DeLand has created a visioning process for the growth and

development of the City. As part of that visioning process, the City has

established a Strategic Plan.

. Strategic Plan Item 3: ECONOMY states In part that the City will foster an

entrepreneurial environment that supports local and start up businesses.

The City of DeLand has created grant programs to assist businesses and has

determined that under extraordinary circumstances, a grant applicant may request a waiver to allow construction to commence prior to the approval of a

grant. Examples could include IRS requirements, business leasing requirements or other circumstances beyond the control of the applicant.

In order to qualify for the waiver the applicant must acknowledge the grant

requirements and explain the reasons for the waiver.

1. Confirm that the grant applicant will comply with all other grant

procedures.

2. Agree that the project will meet all the grant requirements.

3. Agree that the grant applicant will comply with all regulatory

requirements, including but not limited to zoning, permitting, building, historic, design and landscaping regulations.

4. Agree that granting of this waiver is not an approval of the grant and that

the grant applicant is proceeding with this project at the applicants own

risk, with no guarantee of funding from the City of DeLand.

1. Applicant agrees that their application will be considered with all others during the next grant cycle.

6

Explain the extenuating circumstances requiring construction to commence

prior to grant award:

(Attach additional sheets as necessary)

I acknowledge that I fully understand the five grant program requirements enumerated above and certify that the reasons for requesting the waiver as

outlined above are factual.

(Printed name)

State of_ Floridou County of VOIHAfflU_____

lev1

The foregoing instrument was acknowledged before me this^day of kfovhmwcf, 201A bv KACLHLAhumP lOQm\ . who Is personally known

to me or who has produced ft&RfllGLOlriVClS UVQJ^Cas Identification.

U . N,COl£ FAIRCHILD4.0 comml W/C ‘ S,t,'e °' f,ori<>»

'.....0 ’’’ ExP<'M Mar 20 2022—. -^rt>to^WIWMlNotyv Am”

^-Signature of Notary Public State of Florida

Printed Name of Notary Public

SEAL

L: comdev/grants/waiver to the construction timing requirements

7

11/05/2019

EXPLANATION OF SOME CONSTRUCTION ACTIVITY PRIOR TO POTENTIAL CRA GRANT REQUEST APPROVAL------

As explained in the two page summary attached to the CRA Grant Application, the Emergency Stabilization of the Wright Building is ongoing under a permit issued by the City of DeLand.

As the Contractor (Richard Basso of Volusia General Contractors) has installed scaffolding & jacks in several areas of the Wright Building, some surrounding areas show their structural weakness. Specifically, the southern exterior wall is compromised by some structural cracks because of roof sagging in addition to some original window units having been installed with 4* X 6” wood headers rather than steel or concrete headers.

This mostly is a restoration problem to be solved later, but it has affected the support framing for the attic & roof trusses, which are deteriorated in some places by water intrusion and termite infestation. Rather that simply rely on scaffolding & jacks, it has been best policy for the Contractor to replace some of these original attic and roof supports that are deteriorated with new pressure treated lumber prior to removing the support scaffolding & jacks to other areas.

This limited selected rebuilding is part of the costs outlined in the CRA grant application to pay for attic & roof structural framing, roof deck repair, and roofing contractor installed membrane surface with scupper & downspout repairs. We anticipate that of the $ 50,000. budgeted for the attic & roof repairs, less than $ 10,000. of contractor labor and material costs will be incurred on this emergency stabilization basis prior to the Grant Request being considered by the CRA Board, currently scheduled for November 18. Moreless at least 80% of the roof system repair will occur post CRA approval, mostly in December/early January period.

Respectfully,

Mark ShuttleworthProject Manager Wright Building Restoration 258 W. Voorhis Ave. DeLand Greater Union Life Center Inc.

8

CITY OF DELAND, FLORIDA

REQUEST FOR COMMISSION ACTIONNOVEMBER 23, 2019

AGENDA ITEM NO. 9.1

Item Cover Page

CITY COMMISSION AGENDA ITEM REPORT DATE: November 23, 2019 SUBMITTED BY: Granicus Support, Community Development ITEM TYPE: Agreement AGENDA SECTION: INVOCATION SUBJECT: Consideration of Waiver to the Construction Timing

Requirements 258 W Voorhis Avenue SUGGESTED ACTION: City Community Redevelopment Agency is requested to approve

the Waiver of Timing Requirements for the J. W. Wright Buildingas a prelude for the Underutilized Building Grant request.

SUMMARY/HIGHLIGHT: City of DeLand has created grant programs to assist businesses

and has determined that under extraordinary circumstances, agrant applicant may request a waiver to allow construction tocommence prior to the approval of a grant. Examples couldinclude IRS requirements, business leasing requirements or othercircumstances beyond the control of the applicant. The applicant,Mark Shuttleworth, has requested a waiver to allow structuralstabilization work to proceed prior to the awarding of the grant.

STRATEGIC PLAN FOCUSAREA/ACTION STEP:

Economy: Foster an entrepreneurial environment that supportslocal businesses.

Action Step: Provide incentives to encourage redevelopment andhistoric preservation downtown.

SUSTAINABILITY: Not applicable FISCAL IMPACT: Approval of this waiver in itself will have no Fiscal Impact.

However, approval of this waiver will pave the way to anapplication for a $20,000 CRA improvement grant. 9

RECOMMENDATION: It is recommended that the CRA approve this waiver to the timing

requirements BACKGROUND/DISCUSSION: The J.W. Wright Building was purchased by the Greater Union

First Baptist Church at a Volusia County Tax Deed Auction in2016. The building is located across the street from the church.Over the past years with the assistance of Stetson University aseries of assessments were performed to better understand thecommunity’s needs, the study indicated the local residentsexpressed a strong need for better health information, job trainingand business incubation and start-up assistance. In order torespond to these needs, in 20128 the Greater Union BaptistChurch transferred ownership of the Wright Building to its 501(c)(3), the Greater Union Life Center, Inc. The Life Center is a socialwork-based non-profit serving DeLand residents of the SouthwestQuadrant of the City. Its board of directors formulated a strategyto restore and utilize the Wright Building as a home to theorganization’s inter-agency and volunteer programs, as well as anexhibition space to revive, preserve, and celebrate the localcommunity’s history and culture.

ATTACHMENTS:258 W Voorhis Avenue Waiver to Construction Timing Requirements.pdf

10

Waiver to the construction timing requirements In the Citv of DeLand grant programs

The City of DeLand has created a visioning process for the growth and

development of the City. As part of that visioning process, the City has

established a Strategic Plan.

. Strategic Plan Item 3: ECONOMY states In part that the City will foster an

entrepreneurial environment that supports local and start up businesses.

The City of DeLand has created grant programs to assist businesses and has

determined that under extraordinary circumstances, a grant applicant may request a waiver to allow construction to commence prior to the approval of a

grant. Examples could include IRS requirements, business leasing requirements or other circumstances beyond the control of the applicant.

In order to qualify for the waiver the applicant must acknowledge the grant

requirements and explain the reasons for the waiver.

1. Confirm that the grant applicant will comply with all other grant

procedures.

2. Agree that the project will meet all the grant requirements.

3. Agree that the grant applicant will comply with all regulatory

requirements, including but not limited to zoning, permitting, building, historic, design and landscaping regulations.

4. Agree that granting of this waiver is not an approval of the grant and that

the grant applicant is proceeding with this project at the applicants own

risk, with no guarantee of funding from the City of DeLand.

1. Applicant agrees that their application will be considered with all others during the next grant cycle.

11

Explain the extenuating circumstances requiring construction to commence

prior to grant award:

(Attach additional sheets as necessary)

I acknowledge that I fully understand the five grant program requirements enumerated above and certify that the reasons for requesting the waiver as

outlined above are factual.

(Printed name)

State of_ Floridou County of VOIHAfflU_____

lev1

The foregoing instrument was acknowledged before me this^day of kfovhmwcf, 201A bv KACLHLAhumP lOQm\ . who Is personally known

to me or who has produced ft&RfllGLOlriVClS UVQJ^Cas Identification.

U . N,COl£ FAIRCHILD4.0 comml W/C ‘ S,t,'e °' f,ori<>»

'.....0 ’’’ ExP<'M Mar 20 2022—. -^rt>to^WIWMlNotyv Am”

^-Signature of Notary Public State of Florida

Printed Name of Notary Public

SEAL

L: comdev/grants/waiver to the construction timing requirements

12

11/05/2019

EXPLANATION OF SOME CONSTRUCTION ACTIVITY PRIOR TO POTENTIAL CRA GRANT REQUEST APPROVAL------

As explained in the two page summary attached to the CRA Grant Application, the Emergency Stabilization of the Wright Building is ongoing under a permit issued by the City of DeLand.

As the Contractor (Richard Basso of Volusia General Contractors) has installed scaffolding & jacks in several areas of the Wright Building, some surrounding areas show their structural weakness. Specifically, the southern exterior wall is compromised by some structural cracks because of roof sagging in addition to some original window units having been installed with 4* X 6” wood headers rather than steel or concrete headers.

This mostly is a restoration problem to be solved later, but it has affected the support framing for the attic & roof trusses, which are deteriorated in some places by water intrusion and termite infestation. Rather that simply rely on scaffolding & jacks, it has been best policy for the Contractor to replace some of these original attic and roof supports that are deteriorated with new pressure treated lumber prior to removing the support scaffolding & jacks to other areas.

This limited selected rebuilding is part of the costs outlined in the CRA grant application to pay for attic & roof structural framing, roof deck repair, and roofing contractor installed membrane surface with scupper & downspout repairs. We anticipate that of the $ 50,000. budgeted for the attic & roof repairs, less than $ 10,000. of contractor labor and material costs will be incurred on this emergency stabilization basis prior to the Grant Request being considered by the CRA Board, currently scheduled for November 18. Moreless at least 80% of the roof system repair will occur post CRA approval, mostly in December/early January period.

Respectfully,

Mark ShuttleworthProject Manager Wright Building Restoration 258 W. Voorhis Ave. DeLand Greater Union Life Center Inc.

13

CITY OF DELAND, FLORIDA

REQUEST FOR COMMISSION ACTIONNOVEMBER 23, 2019

AGENDA ITEM NO. 10.1

Item Cover Page

CITY COMMISSION AGENDA ITEM REPORT DATE: November 23, 2019 SUBMITTED BY: Granicus Support, Building ITEM TYPE: Report AGENDA SECTION: NEW BUSINESS SUBJECT: Doug's Item 1 SUGGESTED ACTION: SUMMARY/HIGHLIGHT: STRATEGIC PLAN FOCUSAREA/ACTION STEP: SUSTAINABILITY: FISCAL IMPACT: RECOMMENDATION: BACKGROUND/DISCUSSION:

ATTACHMENTS:Sample City Ord.pdfSample Proclamation.pdf

14

SAMPLE CITY ORDINANCE ESTABLISIDNG AN EMERGENCYMANAGEMENTPROG~

ORDINANCE NO.

AN ORDINANCE ESTABLISHING A PROGRAM RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBIUTIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF: AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES.

WHEREAS, the City Council of the City of finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on­ going concern of the City if the lives and property of the populace are to be protected; and

WHEREAS, the City Council hereby declares that the preparation of a Comprehensive Emergency Management plan, and the means for its implementation, for the protection oflives and property of lives and property if the City of from natural or manmade disasters or threat thereof is immediately essential; and

WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and

WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

Section 1. ORGANIZATION

There exists the office of Emergency Management Director of the City o( which shall be held by the Mayor in accordance with State law.

(a) An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director;

(b) The Director shall be responsible for a program of comprehensive emergency management within the City and for carrying out the duties and responsibiJities set forth in this ordinance. (S)He may delegate authority for execution shall remain with the Director.

A2­1

15

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ n _n­­­­­­­­­­­­­­­­­­­­­­­­­­ n_n_______________________________________________________ ­­ ­­ _n­ ­­ ­­_n­­­­­­­­­­­­­­­­­­­­­­­­­ n n n­­­­

(c) The operational Emergency Management organization of the City of shall consist of the officers and employees of the City so designated

by the Director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the Emergency Management plan.

Section 2. EMERGENCY MANAGEMENT DIRECTOR ­ POWERS AND DUTIES

The duties and responsibilities of the Emergency Management Director shall include the following:

(a) Surveying actual or potential hazards which threaten life and property within the City and identifying and requiting or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.

(b) Supervision of the development and approval of an emergency management plan for the City of . shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan.

( C) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the City Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary.

(d) Issuance of necessary proclamations, regulations, or directives, which are necessary for carrying out the purposes of this ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary.

( e) Direction and control of the operations of the Emergency Management Organization as well as the training of Emergency Management personnel.

(f) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City.

(g) Maintenance ofliaison with other municipal, County, District, State, regional or federal Emergency Management organizations.

(h) Marshaling of all necessary personnel, equipment, or supplies from any department of the City to aid in the carrying out of the provisions of the emergency management plan.

(i) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the State and of other local political subdivisions of the State, and the drafting and execution, if deemed desirable, of an agreement with the county in which said City is located and with other municipalities within the County, for the county­wide coordination of Emergency Management efforts.

A2­2

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nn_­­ ­ ­­­­­­­­­­­­ ­­ ­­­ ­_u­ ­ ­­ ­ ­ ­ ­

0) Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City.

(k) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes.

(I) Surveying the availability of existing personnel, equipment, supplies, and services, which could be used during a disaster as provided for herein.

(m) Other requirements as specified in the Texas Disaster Act (Chapter 418 of the Government Code).

Section 3. EMERGENCY MANAGEMENT PLAN

A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this ordinance. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations ofthe State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this ordinance and have the effect oflaw during the time of a disaster.

Section 4. INTER­JURISDICTIONAL PROGRAM

The Mayor is hereby authorized to join with the County Judge of the County of and the mayors of the other cities in said County in the formation of an inter

jurisdictional emergency management program for the County of and shall have the authority to cooperate in the preparation of an inter­jurisdictional emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a County­wide program of emergency management insofar as said program may affect the City of

Section 5. OVERRIDE

At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.

Section 6. LIABILITY

This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of . the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the

A2­3 17

provisions of this ordinance shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real or other premises who voluntarily and without compensation grants to the City of a license of privilege, or otherwise permits the City to inspect~ designate, and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, or practice enemy attack or natural or man­made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person.

Section 7. COMMITMENT OF FUNDS

No person shall have the right to expend any public funds of the City in carrying out any Emergency Management activity authorized by this ordinance without prior approval by the City Council, nor shall any person have any right to bind the City by contract, agreement, or otherwise without prior and specific approval of the City Council unless during a declared disaster. During a declared disaster, the Mayor may expend and/or commit public funds ofthe City when deemed prudent and necessary for the protection of health, life, or property.

Section 8. OFFENSES: PENAL TIES

(a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance.

(b) It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the Emergency Management organization of the City of ­, unless authority to do so has been granted to such person by the proper officials.

(c) Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed dollars ($ ).

Section 9. SEVERABILITY

If any portion of this ordinance shall, for any reason, be declared invalid such, invalidity shall not affect the remaining provisions thereof.

Section 10. LIMITATIONS

This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation.

Section 11. REPEALER

All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.

A2­4

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.2°_. READ AND APPROVED on first reading this the

READ AND APPROVED AND ADOPTED on second reading this the day of 2°_.

ATTEST:

, City Secretary

A2­5

City of

day of

. Mayor , Texas

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SAMPLE PROCLAMATION #5

< City / Town / County > < STATE >

By < Her / His > Honor

< Name of Mayor / County Council or Commissioner >

A Proclamation

Whereas: The decisions we make concerning recycling and resource consumption every day are critical in determining our quality of life and economic viability for generations to come and the < City / Town / County > of < insert name > has a rich history of being on the forefront of industrial change throughout < list some period of history, e.g. Industrial Revolution, etc > in the 19th Century, and the technology boom in the 20th Century, a history which is the source of our vitality today and our promise for the future; and

Whereas: The < Name of State > can again look to the < City / Town / County >as a leader in an industrial change that is necessary for our economic and physical health. The State of < State Name > produces more trash than it can dispose of, requiring that every year we export in excess of < list tonnage > of trash to other states < or counties >. Annually the < City / Town / County > pays over < list waste disposal costs for previous year > to dispose of refuse that could have been recycled, a cost that we cannot afford in dollars or air quality; and

Whereas: Waste reduction and the efficient use of our natural and economic resources is critical to a sustainable way of life, and whereas recycling is fundamental to waste reduction, the America Recycles Day campaign has encouraged recycling activities throughout the United States since 1997.

Now, Therefore, I, < Insert Name of Mayor / Council or Commissioner and Title > of the < City / Town / County, State > do hereby proclaim the day of November 15, 2007 as “ < City / Town / County > Recycles Day” in the < City / Town / County >, < State >.

Given this < Numeric date > day of < Month > 2007.

SEAL < Signature > < Title >

35

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