Loading...
HomeMy WebLinkAbout1986 12 12 Proposed Interlocal Agreement- Pending Annexation Litigation1 . � CITY MANAGER RICHARD ROZANSKY Nikki Clayton County Attorney 1101 East First Street Sanford, Florida 32771 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327 -1800 December 12, 1986 RE: Proposed Interlocal Agreement \in settlement of Pending Annexation Litigation. Dear Nikki: For your information and consideration I am returning a revised version of the agreement forwarded by your letter of November 26, 1986. I again discussed the agreement with Frank and we feel that, while we cannot speak for the Commission, the agreement as is should be acceptable. We hope this will resolve the matter. Please contact me after you have had a chance to review the agreement so I might know how to proceed. Ver Truly Yours 4 Ri hard Rozansky City Manager RR /jds cc: Commission /Mayor INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into this day of , 1986, by and between SEMINOLE COUNTY, a politi- cal subdivision of the State of Florida, whose address is Semi- nole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as COUNTY, and CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, herein- after referred to as CITY. WITNESSETH: WHEREAS, COUNTY and CITY desire to cooperate in terms of the provision of essential governmental services to the citizens residing in the COUNTY and in the CITY's area of impact; and WHEREAS, COUNTY and CITY recognize that certain expansions of the CITY's jurisdictional boundaries have caused irregular boundaries and areas wherein residents of the COUNTY, although residing in unincorporated Seminole County, have a natural geo- graphical relationship with CITY and that this relationship makes provision of governmental services by CITY logical in view of the particular circumstances which exist; and WHEREAS, Chapter 171 of the Florida Statutes provides for the lawful means whereby municipal corporations may expand by annexation or contract their municipal boundaries; and WHEREAS, CITY and COUNTY do not desire, and believe it would not be in the best interests of the citizens of Seminole County, to engage in a multiplicity of lawsuits pertaining to the CITY's boundaries; and WHEREAS, CITY is willing to provide all necessary governmen- tal services within unincorporated areas of the COUNTY located in NOW, THEREFORE, in consideration of the premises and the promises herein contained, it is mutually agreed between the par- ties as follows: 1. MAP. COUNTY and CITY agree that the map attached hereto as Exhibit "A" and incorporated herein by its refer- ence shall be used for the purpose of this Agreement to describe and determine affected areas and to establish the rights and responsibilities associated with such areas. 2. AREA OF CONCERN. The area of unincorporated Semi- nole County shaded in on Exhibit "A" is hereby identified as the area of concern. 3. COVENANT OF THE CITY. In consideration of and exchange for the covenant of the COUNTY set forth in paragraph 4, below, CITY covenants to: (a) Provide the following governmental services to citizens residing in the area of concern: 1. All fire protection services which shall include first response fire fighting services in the same manner that CITY provides to residents of CITY. 2. All public safety services in the same manner that CITY provides to residents of CITY. 3. All emergency services that CITY provides to residents of CITY. 4. All law enforcement services in the same man- ner that CITY provides to residents of CITY. 5. CITY shall provide the same level of road maintenance within the area of concern that it provides to resi- dents of CITY. (b) Provide in each annexation ordinance pertaining to (c) Assume liability and indemnify COUNTY for any injury or damage resulting from the failure of CITY to perform the above referenced services and for the negligent or wrongful performance of such services. 4. COVENANT OF THE COUNTY. In consideration of and in exchange for the Covenant of the CITY set forth in paragraph 3, above, COUNTY covenants to: (a) Not sue CITY challenging the validity of any an- nexation ordinance enacted by CITY and pertaining to unincorpo- rated COUNTY areas within the area of concern on the grounds that any such annexation ordinance creates an enclave provided the annexation otherwise complies with Chapter 171, Florida Statutes, and this Agreement. That it will, at the time of development of par- cels of land within the area of concern, encourage the property owners to seek annexatinn intn the rrTV_ 5. TERMINATION. This Agreement shall not terminate, unless mutually agreed to in writing by the parties, until all property within the area of concern is annexed into CITY. ATTEST: MARY T. NORTON, City Clerk (SEAL) ATTEST: DAVID N. BERRIEN Clerk to the Board of County Commissioners of Seminole County, Florida. CITY OF WINTER SPRINGS By: JOHN V. TORCASO, Mayor Date: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: Chairman Date: