§ 92.15. Consent requests.

Consent Requests may be made by Local or State Petition, but are not effective until made or adopted by formal resolution of a CDD's governing board of supervisors and filed with Council together with a fee as found in www.coj.net/fees , which resolution shall become a part of the Consent Request.

A Consent Request shall, for each relevant special power, contain a statement or attach reports regarding the manner in which a CDD plans to exercise, finance and budget for a special power. A Consent Request for the right to exercise eminent domain power outside of the CDD shall contain a description of the purpose of the eminent domain power and a survey and legal description, signed and sealed by a licensed registered surveyor, of the property which is requested to be taken by eminent domain. A Consent Request for the right to exercise eminent domain power may only be granted for the purpose of the CDD relating to water, sewer, district roads and water management. The City has the ultimate authority to grant the right of eminent domain to a CDD outside of its boundaries and shall require a vote of two-thirds of the City Council members. At least ten days prior to the public hearing concerning the Consent Request legislation, the City shall mail notice of the public hearing to all owners of property that is proposed to be taken by the CDD. The notice of the public hearing shall state the intent of the City Council to consider a Consent Request by the CDD to exercise eminent domain power to take property owned by that individual, specify the time, place and location of the public hearing, identify the location of the land subject to be taken by the CDD, the proposed purpose of the eminent domain power and a statement that all affected property owners have a right to appear at the hearing. Further, a Consent Request shall contain a statement that the CDD has been validly established, is duly operating and in good legal standing and shall demonstrate compliance with the provisions of Section 92.16 hereof.

Within seven days of receipt, Counsel shall transmit a Consent Request to the Chief of Legislative services together with a draft resolution to be introduced and considered thereafter according to the Rules of the City Council but shall be ultimately decided upon by the full City Council at a public hearing noticed and held in compliance with F.S. § 166.041(3)(a). Council may request that either the Department or Counsel, or both, prepare reports and recommendations relative to Consent Requests to be considered by Council.

As may be relevant, consent to exercise the power set forth at F.S. § 190.012(2)(c), is not effective unless and except as authorized by the Duval County School Board and a resolution granting such consent shall state it is subject to such condition.

(Ord. 2004-402-E, § 2; Ord. 2007-291-E, § 2; Ord. 2017-665-E , § 2)