HomeMy WebLinkAboutResolution No. 1993-24RESOLUTION NO. 93 -24
A RESOLUTION 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; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA:
SECTION 1. That the City Council 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.
SECTION 2. That a copy of the City's Dispute Resolution
Process document is attached hereto as Exhibit "A ", and by
reference incorporated herein with full force and effect as if
fully set forth.
SECTION 3. That all resolutions or parts of resolutions in
conflict herewith, be and the same are hereby repealed.
SECTION 4. That this resolution shall take effect immediately
upon its adoption by the City Council of the City of Cape
Canaveral, Florida, and approval as provided by law.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 2nd day of September , 1993.
Jo Salamone, MAYOR
ATTEST: /
Fa -V o•, Jd111er ' 1'CITY CLERK
A oved as to For *,:
e,
Jo, R5 ,jK' cili,A,Gb-ITY ATTORNEY
+f� , V3S.
Resolution No. 93 -24
EXHIBIT "A"
DISPUTE RESOLUTION PROCESS FOR THE CITY OF CAPE CANAVERAL
The City of Cape Canaveral hereby- adopts these procedures for resolving disputes arising from its activities
associated with the planning, design, construction, and operation of facilities financed by a loan from the Stan
Revolving Fund authorized by Chapter 403.1835,F.S.
1. Any person who can demonstrate that an improper action by the City of Cape Canaveral in the above
activities has caused, or will cause, a material adverse effect on such person shall file at the office of the Cin
Manager, a written protest within ten 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 part (a) through (3) of the foll owing
may not be considered:
(a) The name and address of the protester;
(b) a statement describing the disputed action and giving reasons that the action was believed improper;
(c) a statement describing how and when the protester became aware of the disputed action:
(d) a statement of how the protester is, or will be, adversely affected-,
(e) a statement of the relief sought;
('0 any other information material to the protest.
2. Within seven calendar days of receipt of the protest, the City Marnager may provide an opportunity to settle
the protest by mutual agreement.
3. The dispute may be resolved at a formal hearing. The City Manager sha1L within fourteen calendar days of
receipt of the protest, set a hearing location and date to be held no earlier than fourteen calendar days and no later
than thirty - calendar days after receipt of the protest. At the hearing the protester shall present evidence and
testimony and may ask questions of witnesses. The City of Cape Canaveral representatives, consultants, and
witnesses may present testimony about the disputed action. 'Within ten calendar days of the conclusion of the
hearing, the City Manager shall render a written decision along with the justification for the decision.
4. If the protester does not accept the propriety of the City Manager decision, it may appeal for
reconsideration by the City Council. The appeal mtLst be received at the office of the City Manager within five
calendar days after the decision is rendered. The appeal must contain the information provided in (a) through (f) and
the justification for requesting reconsideration. The City Manager shall, within five 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 opportunin-
to present evidence and testimony. Decisions of the City Council shall be final, subject to remedies at law.
92- 394.00
ExhA.doc