An open letter to Garden City Mayor Nancy Harness and the Garden City Commission:
Madam Mayor and Commissioners:
We believe there are several questions our City Attorney should answer in a written legal opinion, and would suggest the following:
Is the flood plain expansion for the DD #1 and DD #2 areas as set forth in the FEMA maps in actual existence or is it still in a "proposal stage?"
If it is in actual existence now, by whose authority and by what laws and regulations has it been promulgated, and when did it in fact come into existence? The FEMA maps clearly state Sept. 25, 2009 as their effective date.
Is the existence and implementation of the flood plain expansion dependent and predicated upon the passage of an ordinance by the city commission and a resolution by the county commission?
If the ordinance and resolution are required before the flood plain expansion can officially exist, then what happens if we decline to put the expansion into effect?
You have been advised by the staff that much "bad stuff" will happen if we don't allow the expansion to take place, and that such would occur because of "non-compliance" or "failure to comply." Does it not seem logical that there would need to be a legal basis for the request, wish or demand, i.e., the flood plain expansion, before we could be said to be "out of compliance" or "non-complying." thus making all the "bad stuff" happen? Should not that question also be covered in the legal opinion from our city attorney? We understand that the Board of Agriculture consultant at no time furnished to the city or county the results of his study, copies of the computer model he supposedly used or any other data he used in arriving at his conclusion to put a flood plain into existence on the two drainage ditches, other than to Wilson for their study. And further has furnished no information as to how he arrived at his determination as to how much rain would fall within a given amount of time over the drainage areas, thus making the expansion necessary, other than to Wilson. Were the actions of the consultant lawful or were they arbitrary and capricious, considering the rainfall over the years, actual conditions of the ditch, its enlargement, bridge enlargements, and two ditches to the west that drain off a portion of any flow into and through Garden City?
The city attorney should require the Board of Agriculture to answer the question of what approval is required from any local governing entity when said consultant is creating a flood plain or an enlargement of the same, prior to that creation or enlargement becoming effective? Certainly, it seems our City Planner and City Engineer, county administrator and county engineer would not be authorized to sign off on any such matters, thereby binding the respective elected governing bodies.
Having answers to these questions would be of assistance in helping stop FEMA's encroachment on our community and our rights.
West is chairman of the Knock Out committee.