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RESOLUTION NO. 4454
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
EXPRESSING ITS POSITIVE INTEREST IN PARTICIPATING
IN NATIONAL FLOOD INSURANCE PROGRAM
WHEREAS, the National.E'lood Insurance Act of 1968, as
amended in 1969, has established a program by which the Federal,
State and local governments, acting in concert with private
insurers, can provide flood insurance coverage, including coverage
for damage from mudslides, for the property of individual owners
located within a participating State or local area; and
WHEREAS, said Act provides that the Secretary of Housing
and Urban Development shall make flood insurance available in
only those States or areas which have furnished evidence of a
positive interest in participating in said program in accordance
with the terms of said Act;
NOW, THEREFORE, the Council of the tity of Palo Alto,
State of California, does RESOLVE as follows:
1. ~erest in Flood Insurance Program. The City council
hereby expresses its positive interest in securing flood
insurance coverage under.the National Flood Insurance Act of
1968, as amended in 1969.
2. Land Use and Control Measures. The City Council hereby
represents to the secretary of the Department of Housing and
Urban Development that it presently has the power to adopt and
enforce land use and control measures within its boundaries,
in the manner and to the extent set forth in the following
extracts from the California Constitution and Palo Alto City
Charter, and by qen~ral laws.
a. California Constitution, Article XI
Section 5 (a)
1 It shall be competent in any city charter to provide
that the city governed thereunder may make and enforce
all ordinances and regulations in respect to municipal
• •
affairs, subject only to restrictions and limitations
provided in their several charters and in respect to
other matters they shall be subject to qeneral laws.
City charters adopted pursuant to this Constitution
shall supersede any existinq charter, and with respect
to municipal affairs shall supersede all laws incon-
sistent therewith."
Section 7
6 A county or city may make and enforce within its limits
all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws."
b. Charter of the City of Palo Alto
Article II. Powers
11 The City of Palo Alto, by and through it:; council and
other officials, shall have and may exercise all powers
necessary and appropriate to a municipal corporation and
the general welfare of its inhabitants which are not pro-
hibited by the Constitution of the State of California or
by this charter, and which it would be competent for this
charter to set forth specifically, and the specification
herein of any particular powers shall not be held to be
exclusive of, or any li.mitation upon, the general grant of
powers heretofore or hereafter granted to municipal corpor-
ations by the constitution or general laws."
Article III. Council
Section 1. Powers
''All powers herein granted to and vested in the City of
Palo Alto shall, except as herein otherwise provided, be
exercised by a council to be designated the Council of the
City of Palo Alto; and said council shall, except as herein
otherwise provided, have the power to fix and establish
the method and manner in which such powers shall be exer-
cised. 11
3. Assurance of Cooperation. The City Council hereby
gives its assurance that it will cooperate with and assist the
Federal Insurance Administrator in achieving the objectives
of said Act within the City of Palo Alto.
4. Administrator. The City Council hereby appoints the
City Manager as the administrator of said program for the City
of Palo Alto, and the City Manager is authorized to delegate
said authority to a department head.
INTRODUCED & PASSED: May 24, 1971
AYES: Arnold, Beahrs, Berwald, Clark, Dias, Gallagher, Norton, Pearson,
Spaeth, Wheatley
NOES: ::: None
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ABSENT: Comstock
-Mayor \
ATTEST: . ~ i_.JL#,.~
city c erYJ
APPROVED AS TO FORM:
l!!rb54~it~ney
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