2008-R-06
RESOLUTION NO. 2008-R-06
A RESOLUTION OF THE CITY OF EDGEW A TER,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING;
APPROVING A STIPULATED SETTLEMENT AGREEMENT
BETWEEN THE CITY OF EDGEW A TER AND THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.3184(1), Florida Statutes, the State of Florida,
Department of Community Affairs (DCA) has initiated the formal administrative proceeding
challenging Ordinance No. 2007-0-18 relating to amending the Capital Improvement Element and
Intergovernmental Coordination Element and adding a Public School Facilities Element to the
Comprehensive Plan; and
WHEREAS, DCA published a Notice of Intent (NOI) on March 21, 2008 finding the
amendment to the Comprehensive Plan adopted by Ordinance 2007-0-18 on January 28,2008 not
in compliance pursuant to Sections 163.3184, 163.3187, and 163.3189, F.S.; and
WHEREAS, the Statement of Intent (SOl) provides remedial language to bring the
amendment into compliance; and
WHEREAS, the stipulated settlement agreement between the City and DCA is to be
executed by adoption of this resolution and transmitted to DCA for review and execution; and
NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF EDGEW A TER, FLORIDA, THAT:
Section 1.
The City Council hereby adopts the stipulated settlement agreement between
the City of Edgewater and DCA to bring the amendment into compliance with the adopted State
Comprehensive Plan. The stipulated settlement agreement is attached hereto and incorporated
herein.
2008-R-06
Section 2.
If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
such portion or application shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions or applications hereof.
Section 3.
All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 4. This resolution shall become effective immediately upon adoption.
Section 5. After a motion by(bl (\~j\IJ !nma-r1 ~ with second bY~(;U{I~\IIIOMai\ ~,c1g-:
vote on this resolution is as follows:
AYE NAY
Mayor Mike Thomas ~
Councilwoman Debra J. Rogers --L
Councilwoman Gigi Bennington -$-
Councilwoman Harriet Rhodes ..L..-
Councilman Ted Cooper 1..-
2008-R-06
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PASSED AND DULY ADOPTED this 5th day of May, 2008.
ATTEST:
~iQI Ov W~
Bonnie A. Wenzel
City Clerk
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
2008-R-06
Michael Thomas
Mayor
Robin L. Matusick
Paralegal
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Approved by the City Council of the City of
Edgewater at a meeting held on the 5th day of
May, 2008 under Agenda Item 7~.
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