Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 21-R93, Initiating Chapter 164, Florida Statutes, Conflict Resolution Proceedings Between the City and St. Lucie County Regarding Road Impact Fees and Park Impact Fees and Directing the City Manager and the City Attorney to Implement Said Process.
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Submitted By: James D. Stokes, City Attorney
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): Chapter 164, Florida Statutes, provides a process for resolving disputes between governmental entities, which requires the adoption of a Resolution invoking the statutory conflict resolution process as the first step.
Presentation Information: Staff is available to answer questions as needed.
Staff Recommendation: Move that the Council adopt the Resolution initiating the Inter-Governmental Conflict Resolution Procedure between the City and St. Lucie County regarding Road Impact Fees and Park Impact Fees.
Alternate Recommendations:
1. Move that the Council amend the terms of the Resolution and approve as appropriate.
2. Move that the Council decline to adopt the Resolution.
Background: There currently exists a dispute between the City of Port St. Lucie and St. Lucie County regarding the collection and expenditure of County road and park impact fees for development within City limits, pursuant both to the Interlocal Agreements between the entities and as required by state law.
Issues/Analysis: The Florida Legislature has enacted Chapter 164, Florida Statutes, which places a required and very specific process when two governmental entities are engaged in a dispute. This process is a condition precedent to any litigation; however, litigation is not a required conclusion to this process. The process requires specific notice of the dispute, a meeting between the chief executives of each entity, and ultimately a joint meeting of the governing bodies of the two entities. This meeting can be done with or without a neutral mediator. Only after this entire process is complete can one entity file a lawsuit against another entity. The entire process must begin with the adoption of a Resolution invoking the Conflict Resolution process.
Financial Information: N/A.
Special Consideration: N/A
Attachments:
1. Resolution
2. Chapter 164, Florida Statutes
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 6816
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.