2014-08 Opposing Biggert-Waters Flood Insurance ReformRESOLUTION NO. 2014 -08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, OPPOSING AND URGING FURTHER
AMENDMENT TO THE BIGGERT - WATERS FLOOD INSURANCE
REFORM ACT OF 2012; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the real estate economy is a crucial part of the entire local, state and federal
economy and its fragile recovery, and is one of the major economic drivers of
tourism and the quality of life throughout the City of Okeechobee, as well as in the
entire State of Florida, and the United States of America; and
WHEREAS, Congress passed the National Flood Insurance Act of 1968 specifically to
ensure flood insurance coverage is available on reasonable terms and conditions
to citizens who have a need for such protections; and
WHEREAS, the National Flood Insurance Program (NFIP), plays a critical role in the
location, placement and construction of homes and structures within a community
and provides for an estimated 5.68 million NFIP policies nationwide; and
WHEREAS, under the NFIP, participating communities with structures located and built in
the Special Flood Hazard Areas (Flood Zones A and V) and backed by federal
lender institutions are required to purchase mandatory flood insurance policies; and
WHEREAS, on July 6, 2012, President Obama signed into law the Surface Transportation
Bill (H.R. 4348), which included the Biggert- Waters Flood Insurance Reform Act
(BW -12), hereinafter referred to as the "ACT "; and
WHEREAS, the ACT re- authorizes NFIP through 2017, but also puts into place many
significant reforms for the Program to be financially solvent as a result of the high
losses incurred by the Program in 2005 from Hurricane Katrina and in 2012 from
Super Storm Sandy; and
WHEREAS, in March 2014, Congress passed the Homeowner Flood Insurance
Affordability Act of 2014, which amends the National Flood Insurance Act of 1968,
and unwinds some of the changes in the NFIP introduced by the Biggert- Waters
Flood Insurance Reform Act of 2012; and
WHEREAS, nationwide, the National Oceanic and Atmospheric Administration (NOAA)
data shows that 52 percent of the U.S. population lives in a coastal water shed
county and over 50 percent of the U.S. population lives near a river, creek, bay,
lake, stream or ocean, and such percentages are obviously much higher in Florida,
in Okeechobee County and in the City of Okeechobee; and
WHEREAS, the Federal Emergency Management Agency (FEMA), through its
implementation of the NFIP Flood Mapping Program has revised the Flood
Insurance Rate Maps to include a portion of the properties within the boundaries of
the City of Okeechobee in the Special Flood Hazard Areas, thus requiring some
properties within the City which are backed by federal lender institutions to purchase
mandatory flood insurance policies; and
WHEREAS, by the US Army Corps of Engineers certifying the integrity of the Lake
Okeechobee Herbert Hoover Dike, City properties identified on the Special Flood
Hazard Areas could be removed; and
WHEREAS, the US Army Corps of Engineers pursuant to the River and Harbor Act of
1930, constructed 67.8 miles of levee along the south shore of the lake and 15.7
miles along the north shore of the lake between 1932 and 1938; and
Resolution No. 2014 -08 Page 1 of 2
WHEREAS, Congress passed the Flood Control Act of 1948 authorizing a comprehensive
plan to provide flood and storm damage reduction and other water control benefits
which resulted in the construction of the new dike system consisting of 143 miles
of levee with 19 culverts, hurricane gates and other water control structures, which
was completed in the 1960's, and named the Herbert Hoover Dike; and
WHEREAS, since being constructed, and for over the past 79 years, the Lake
Okeechobee levees and dike have never been breached; and
WHEREAS, since 2007, the US Army Corps of Engineers has invested over $300 million
in improvements to the Dike designed to reduce the risk of failure; and
WHEREAS, the City Council of the City of Okeechobee, is extremely concerned that the
ACT will financially impact home and business owners, devalue properties,
discourage construction, hinder real estate sale transactions, and may result in
foreclosures to owners who have lawfully constructed their homes and businesses
as allowed by the NFIP, and applicable Florida building codes.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. That the City Council of the City of Okeechobee urges Congress to
further amend the Biggert- Waters Reform Act to provide for greater
protection from increases to flood insurance rates over a greater time
period for all policy holders who have lawfully constructed their homes
per the applicable Florida building codes.
SECTION 2. That the City Council of the City of Okeechobee urges the US Army
Corps of Engineers to certify the integrity of the Lake Okeechobee
Herbert Hoover Dike.
SECTION 3. All Resolution or parts of Resolutions in conflict herewith are hereby
repealed.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or application thereof shall for any reason be held invalid
or unconstitutional by any court of competent jurisdiction, such portion
or provision and such holding shall not affect the validity of the
remaining portions or applications here.
SECTION 5. This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED by the City of Okeechobee, t - •th day of August, 2014.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 2014 -08 Page 2 of 2
James E. Kirk, Mayor