99-1157 Decker vs. City of Casselberry and St. Johns River Water Management District

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RESOLUTION 99-1157 "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING THE MODIFIED STIPULATION AND AGREEMENT IN DECKER VS. THE CITY OF CASSELBERRY AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR RECORDATION OF AGREEMENT, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE." WHEREAS, the City Commission of the City of Casselberry, Florida, finds it in the best interest of the City to settle all outstanding issues between the parties by an enforceable written agreement; and WHEREAS, the parties agree to file joint motion to abate formal administrative proceedings to provide adequate time for all parties to perform obligations as set forth in the Modified Stipulation and Settlement Agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY AS FOLLOWS: SECTION 1. The City will pay the sum of $37,500 in Case #97-0816 to Harold Decker. SECTION II. Mr. Decker waives any objection to the permit modification by the City as outlined in Permit 440 -117 -0326G -ERP to the St. Johns River Water Management District. SECTION III. That the Mayor be authorized to execute the Modified Stipulation and Settlement Agreement attached hereto as Exhibit "A" and incorporated herein by reference. SECTION IV. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION V. Severability. If any section or portion of a section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Resolution. SECTION VI. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this_ day of X, A. D., 1999. ATTEST. Thelma McPherson City Clerk Bruce A. Pronovost Mayor/Commissioner