2004-R-02RESOLUTION NO. 2004-R-02
A RESOLUTION OF INTENT OF THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA TO INITIATE
CONFLICT RESOLUTION PROCEDURES UNDER THE
FLORIDA GOVERNMENTAL CONFLICT RESOLUTION
ACT PRIOR TO PROSECUTING THE CITY OF
EDGEWATER'S ACTION IN THE CIRCUIT COURT
AGAINST THE CITY OF OAK HILL CHALLENGING OAK
HILL'S RECENT ANNEXATION OF NUMEROUS PARCELS
OF LAND IN THE UNINCORPORATED AREA OF THE
COUNTY OF VOLUSIA; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida. has made the following
determinations:
The City of Oak Hill initiated Ordinance No. 2003-18 relating to various voluntary
annexations within the unincorporated area of Volusia County.
2. Duringthe November 10, 2003 Oak Hill City Commission meeting, the Commission
approved Ordinance No. 2003-18 at first reading.
3. The City Attorney's Office provided the City of Oak Hill a notice letter dated
December 4, 2003 which advised Oak Hill of Edgewater's intent to object to Ordinance No. 2003-
[I!
4. During the December 8, 2003 Oak Hill City Commission meeting, the Commission
approved Ordinance No. 2003-18 during the second reading/public hearing.
NOW, THEREFORE, be it resolved by the City Counci I of the Ci tv of Edgewater, Florida:
Section 1. The City of Edgewater is filing an action in the circuit court against the City
of Oak Hill challenging the City's recent annexation of numerous parcels of land located in the
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unincorporated area of the County near and around the existing City boundaries.
Section 2. The Florida Governmental Conflict Resolution Act provides that the City of
Edgewater shall seek to resolve the conflict that it has with the City of Oak Hill prior to prosecuting
its court action, and for that purpose the City Council hereby initiates the conflict resolution
procedures provided by the Act.
Section 3. Within five (5) days after the adoption of this Resolution, the City Manager
is hereby directed to provide a letter and a certified copy of this Resolution by certified mail, return
receipt requested, to the Mayor of the City of Oak Hill. The letter shall state, at a minimum, the
conflict, any other governmental entities in such conflict with the City, thej ustification for initiating
the conflict resolution process, the proposed date and location for the conflict assessment meeting
to be held pursuant to the Act, and suggestions regarding the officials who should be present at said
conflict assessment meeting.
Section 4. Additionally, the City Manager is hereby directed to mail a copy of the letter
and resolution to any state, regional, or local governmental entities which, in the determination of
the City Manager, may have a role in approving or implementing a particular element or aspect of
any settlement of the conflict or whose substantial interest may be effected by the resolution of the
conflict, and any other governmental entity deemed appropriate.
Section 5. After the initiation of the conflict resolution procedure, and after proper notice
by certified letter has been given, the City Manager is hereby directed to follow the requirements set
forth in Section 164.1053 of the Florida Statutes in scheduling, noticing, and participating in the
conflict assessment meeting.
Section 6. All resolutions or parts of resolutions in conflict herewith be and same are
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hereby repealed.
Section 7. This resolution shall take effcct upon adoption.
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0
AfterMotionbyCouncilwomau Lichter and Second by Councilwoman Rhodes
the vote on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter _ x
PASSED AND DULY ADOPTED this 5 th day of January, 2004.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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4
CITY COUNCIL OF THE
CI � EDGEoWATER, FLORIDA
By: �-�O
onald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5ah
day of January, 2004 under Agenda Item No.
6 1 .