HomeMy WebLinkAboutResolution 2000-24 RESOLUTION NO. 2000 -24
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, PURSUANT TO §164.1052
FLORIDA STATUTES, INITIATING THE CONFLICT RESOLUTION
PROCEDURES SET FORTH IN CHAPTER 164, FLORIDA
STATUTES, REGARDING THE FOLLOWING DISPUTE:
The City of Cape Canaveral, Florida & The City
of
Cocoa Beach, Florida regarding that certain
Interlocal Agreement dated April 6, 1994, as
amended by the First Amendment to lnterlocal
Agreement dated
February 6, 1996;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS The City of Cape Canaveral, Florida and The City of Cocoa
Beach, Florida entered into an lnterlocal Agreement dated April 6, 1994 regarding the
supply of reuse water for public irrigation; and
WHEREAS said Interlocal Agreement was amended by the parties' adoption
of the First Amendment to Interlocal Agreement dated February 6, 1996; and
WHEREAS a dispute has arisen between The City of Cape Canaveral, Florida
and The City of Cocoa Beach, Florida as to their respective rights and obligations
under the lnterlocal Agreement, as Amended; and
WHEREAS Chapter 164, Florida Statutes, provides a means for dispute
resolution amongst local governmental entities; and
WHEREAS The City of Cape Canaveral, Florida wishes to avail itself of the '
procedures set forth in Chapter 164, Florida Statutes, in an effort to resolve this
dispute.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, FLORIDA, as follows:
Section 1: The foregoing findings are incorporated herein by reference and
made a part hereof.
Section 2: It is the intention of the City Council of The City of Cape
Canaveral to initiate the conflict resolution procedures provided
by the Florida Governmental Conflict Resolution Act prior to
initiating court proceedings to resolve the conflict.
Section 3: The issues for which the City Council of The City of Cape
Canaveral initiates the conflict resolution procedures provided
by the Florida Governmental Conflict Resolution Act are as
follows:
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City of Cape Canaveral, Florida
Resolution No. 2000- 24
Page 2
1. A declaration of The City of Cocoa Beach, Florida's rights
to receive treated effluent from The City of Cape
Canaveral, Florida;
and
2. A declaration of The City of Cape Canaveral, Florida's
obligation to supply treated effluent to The City of Cocoa
Beach, Florida.
Section 4: The governmental entity with which The City of Cape
Canaveral, Florida is in conflict is The City of Cocoa Beach,
Florida.
Section 5: The Staff of The City of Cape Canaveral, Florida and its City
Attorney are authorized to take all actions required to implement
the conflict resolution procedures provided by the Florida Conflict
Resolution Act and this Resolution.
Section 6: This Resolution shall become effective immediately upon its
adoption in accordance with the Charter of the City of Cape
Canaveral.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
18th day of July, 2000.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
■
Burt Bruns Motion
Sandr- Srriitli, "CI,T L RK Buzz Petsos Second
Rocky Randels X
APPROVED T RM: Richard Treverton X
Larry Weber X
•
Bradley Roger Be in, Sr.
ASSISTANT CITY ATTORNEY