90-R-36RESOLUTION NO. 90-R-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE -
WATER, 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 EDGEWATER, 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in conflict herewith, be and the same are hereby repealed.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 immedi-
ately upon its adoption by the City Council of the City of Edge-
water, Florida, and approval as provided by law.
This Resolution was introduced and sponsored by fnnnd1m"n r..ld
, and was read and passed by a vote of the City Coun-
oil of the City of Edgewater, Florida, at a Regular meet-
ing of said Council held on the 21 day of Nay ,
1990, and approved as provided by law.
ROLL CALL VOTE T,4
OWS:
ayor
�S
4
1
1990.
EXHIBIT "A"
DISPUTE RESOLUTION PROCESS FOR THE CITY OF EDGEWATER
The City of Edgewater 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 State Revolving Fund authorized by Chapter
403.1835, F.S.
1. Any person who can demonstrate that an improper action by the City of
Edgewater in the above activities 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 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 parts (a) through (e) of the following 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;
(f) any other information material to the protest.
2. Within seven calendar days of receipt of the protest, the City Manager may
provide an opportunity to settle the protest by mutual agreement.
3. The dispute may be resolved at a formal hearing. The City Manager shall,
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 Edgewater
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 must 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 petitioner shall have the opportunity to present evidence
and testimony. Decisions of the City Council shall be final, subject to remedies
at law.
L
David L. Mitcham
Mayor