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RESOLUTION 2009 -10 WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, on June 1, 2009, the City Council approved the appropriation of City Matching Funds in the amount of 25% of the total estimated cost of the project (of $1,000,000) as required by the State Emergency Management Agency, and WHEREAS, on June 30, 2009, the City of University City mailed in the final information required of the application and documentation to the State Emergency Management Agency in Jefferson City, MO as requested; and WHEREAS, the State Emergency Management Agency grant application must include a supporting resolution adopted by the City Council; and WHEREAS, within the supporting resolution, the City of University City must certify that as the sub- applicant, the City: 1. Will ensure that participation by property owners is voluntary. The prospective participants have been informed in writing that participation in the program is voluntary that the sub- applicant will not use its eminent domain authority to acquire their property for the project purposes should negotiations fail; 2. Will ensure each property owner will be informed, in writing, of what the sub-applicant considers to be the fair market value of the property. The Sub-applicant will use the Model Statement of Voluntary Transaction to document this and will provide a copy for each property after award; 3. Will accept all of the requirements of the FEMA grant and the deed restriction governing the use of the land, as restricted in perpetuity to open-space uses. The sub-applicant will apply and record a deed restriction on each property in accordance with the language in the FEMA Model Deed Restriction. The community will seek FEMA approval for any changes in the language differing for the Model Deed Restriction; 4. Will ensure that the land will forever be unavailable for the construction of flood damage reduction levees and other incompatible purposes, and is not part of an intended, planned, or designated project area for which the land is to be acquired by a certain date; 5. Will demonstrate that it has consulted with the US Army Corps of Engineers regarding the subject land's potential future for the construction of a levee system, and will reject future