HomeMy WebLinkAboutOrdinance No. 45-1993•
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ORDINANCE NO. 45 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ADOPTING A DISPUTE RESOLUTION PROCESS
ASSOCIATED WITH THE PLANNING, DESIGN, CONSTRUCTION AND
OPERATION OF FACILITIES FINANCED BY A LOAN FROM THE STATE
REVOLVING FUND AUTHORIZED BY CHAPTER 403.1835, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. The City hereby adopts the dispute resolution
process associated with the planning, design, construction and
operation of facilities financed by a loan from the State Revolving
Fund authorized by Chapter 403.1835, Florida Statutes, as described
in Section 2 of this Ordinance.
SECTION 2. Dispute Resolution Process.
A. Any person who can demonstrate that an improper
action by the City in the activities described in Section 1 of
this ordinance has caused, or will cause, a material adverse
effect on such person shall file at the office of the City
Manager, a written protest within ten (10) calendar days of
having become aware of such action. A copy of the protest
documentation must be provided to any party which potentially
would be directly and adversely affected by the relief sought.
Any notice of protest filed after the deadline or not
containing the information described in the following
paragraphs (1) through (6) may not be considered:
(1) The name and address of the protestor;
(2) A statement describing the disputed action and
giving reasons that the action was believed
improper;
(3) A statement describing how and when the protestor
became aware of the disputed action;
(4) A statement of how the protestor is, or will be,
adversely affected;
(5) A statement of the relief sought;
City of Cape Canaveral, Florida
Ordinance No. 45 -93
Page 2
(6) Any other information material to the protest.
B. Within seven (7) calendar days of receipt of the
protest, the City Manager may provide an opportunity to settle
the protest by mutual agreement.
C. The dispute may be resolved at a formal hearing.
The City Manager shall, within fourteen (14) calendar days of
receipt of the protest, set a hearing location and date to be
held no earlier than fourteen (14) calendar days and no later
than thirty (30) calendar days after receipt of the protest.
At the hearing the protestor shall present evidence and
testimony and may ask questions of witnesses. City
representatives, consultants and witnesses may present
testimony about the disputed action. Within ten (10) calendar
days of the conclusion of the hearing, the City Manager shall
render a written decision along with the justification for the
decision.
D. If the protestor does not accept the propriety of
the City Manager decision, he may appeal for reconsideration
by the City Council. The appeal must be received at the
office of the City Manager within five (5) calendar days after
the decision is rendered. The appeal must contain the
information provided in A. (1) through A. (6) above and the
justification for requesting reconsideration. The City
Manager shall, within five (5) days, designate a time and
place for a public meeting of the City Council at which the
appeal is to take place. A copy of the appeal documentation
must be provided to any party which potentially would be
directly and adversely affected by the relief sought. At the
meeting, the justification for the City Manager decision shall
be presented and the petition shall have the opportunity to
present evidence and testimony. Decisions of the City Council
shall be final, subject to remedies at law.
SECTION 3. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
City of Cape Canaveral, Florida
Ordinance No. 45 -93
Page 3
SECTION 4. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 5. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this 4th day of January , 1994.
ATTEST:
Faith G. Miller, TY CLERK
APPROVED AS TO FORM:
Jon R. Kancilia, CITY ATTORNEY
First Reading : 12/7/93
Posted: 12/9/93
Advertised: 12/23/93
Second Reading: 1/4/94
alamone, MAYOR