Introduced by the Council President at the Request of the Office

ENACTED 8/26/08

Introduced by the Council President at the request of the Office

of General Counsel:

ORDINANCE 2008-621-E

AN ORDINANCE APPROVING A PROPOSED THIRTEENTH PARTIAL STIPULATED SETTLEMENT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,THE CITY OF JACKSONVILLE/DUVAL COUNTY AND INTERVENORSGEORGE SAYAR AND VALERIE BRITT; AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE THETHIRTEENTH PARTIAL STIPULATED SETTLEMENT AGREEMENT; AGREEING TO CONSIDER ALL REMEDIAL ACTIONS DESCRIBED IN THE THIRTEENTH PARTIAL STIPULATED SETTLEMENT AGREEMENT WITHIN THE TIME PERIODS PROVIDED IN SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Jacksonville/Duval County adopted Ordinance 2007-374-E on May 14, 2007 as a part of Comprehensive Plan Amendment 07-1(Plan Amendment); and

WHEREAS, the Plan Amendment was submitted to the Florida Department of Community Affairs (DCA) for review, as the state land planning agency, pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and

WHEREAS, the DCA issued its Statement of Intent regarding the Plan Amendment on July 9, 2007, and its Notice of Intent regarding the Plan Amendment on July 14, 2007; and

WHEREAS, as set forth in the Statement of Intent, the DCA contends that the Plan Amendment is not in compliance due to transportation impacts; and

WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, the DCA initiated a formal administrative proceeding challenging the Plan Amendment (DOAH Case No. 07-3539GM); and

WHEREAS, George Sayar intervened in the proceedings and is now a partythereto; and

WHEREAS, Valerie Britt intervened in the proceedings and is now a party thereto; and

WHEREAS, the City of Jacksonville/Duval Countyand Intervenor George Sayar, disputed the allegations of the Statement of Intent regarding the Plan Amendment; and

WHEREAS, all of the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation, and agree that it is in their respective mutual best interests to do so; and

WHEREAS, the Land Use and Zoning Committee held a duly noticed public hearing on the terms and conditions of the proposedThirteenth Partial Stipulated Settlement Agreement, and having considered all written and oral comments received during the public hearing, has made its recommendation to the City Council; and

WHEREAS, the City Council held a duly noticed public hearing on the proposed Thirteenth Partial Stipulated Settlement Agreement, which was advertised in the manner prescribed by Section 163.3184(15)(e), Florida Statutes, and having considered all written and oral comments received during the public hearing; now, thereofore

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1.The proposed Thirteenth Partial Stipulated Settlement Agreement between the DCA, the City of Jacksonville/Duval County, and IntervenorsGeorge Sayar, and Valerie Britt,is hereby approved in the form attached hereto as Exhibit 1. The Mayor and Corporation Secretary are hereby authorized to execute the Thirteenth Partial Stipulated Settlement Agreement.

Section 2.The Cityof Jacksonville/Duval County agrees to consider for adoption, by formal action, all remedial actions described in the proposed Thirteenth Partial Stipulated Settlement Agreement within the time period required in said Agreement.

Section 3.This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor’s signature.

Form Approved:

/s/ Shannon K. Eller______

Office of General Counsel

Legislation Prepared By:Shannon K. Eller

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