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: