HomeMy WebLinkAboutInterlocal Agreement Winter Springs/Seminole County 1986, T
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CITY MANAGER
RICHARD ROZANSKY
MEMORANDUM
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (305) 327 -1800
December 4, 1986
TO: COMMISSION /MAYOR
FROM: CITY MANAGE
SUBJECT: INTERLOCAL AGREEMENT WINTER SPRINGS /SEMINOLE COUNTY
Enclosed is a letter dated November 26, 1986 with an attached
"amended" Interlocal Agreement I received from the County Attorney
on December 1, 1986.
This amended version is a result of a meeting I had with
the County Attorney several weeks ago. At that meeting we discussed
problem areas noted in my June 26, 1986 memo to the City Attorney.
The attached updated copy is for your review, comments,
and consideration for adoption. A copy has been forwarded to
the City Attorney for his review.
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Attachments:
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COUNTY OF SEMINOLE
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FLORIDA
COUNTY ATTORNEY'S OFFICE
PHONE: (305) 321 -1130, EXT. 254 November 26, 19 8 6
Richard Rozansky
City Manager
1126 East State Road 434
Winter Springs, Florida 32708
Re: Proposed Interlocal Agreement in
Settlement of Pending Annexation Litigation
Dear Dick:
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1101 EAST FIRST STRI
SANFORD, FLORIDA 32
As we discussed in our meeting of several weeks ago, I
have redrafted the Interlocal Agreement between the City of
Winter Springs and Seminole County proposed in settlement of
pending annexation litigation. I appreciate you making known the
concerns raised by your City Commissioners when they reviewed the
County's proposed 1st draft. I have tried to address each of
those concerns. For ease of reference I have enclosed 2 clean
copies and 2 "marked up" copies to show the additions and
deletions in accordance with your comments. In this letter I
have also briefly outlined some of the reasoning underlying
certain of the paragraphs of the Interlocal Agreement.
As a general observation regarding the subject of
annexation, I would note that the County is interested in
maintaining logical and functional municipal and County bounda-
ries. Such boundaries enable public services to be appropriate-
ly provided to the citizens of Seminole County -- whether they
reside in an incorporated or unincorporated area. Sound annexa-
tion policies which comport with both the technical provisions
and policy statements of Chapter 171 of the Florida Statutes
serve to alleviate jurisdictional confusion and the associated
disservice to the public resulting therefrom. It has been the
County's position that the requirements of Chapter 171 should be
complied with by municipalities as they implement their annexa-
tion policies in order to meet the legislative goals of effective
provision of public services.
Richard Rozansky
City Manager
November 26, 1986
Page Two
In terms of the attached Interlocal Agreement relating
to current disputed annexations, I enclose the revised Agreement
which resulted from our- meeting. We have basically addressed all
of your concerns and comments. In paragraph 3, "Covenant of the
City" the modifications you requested have been made. In
addition, subparagraph 3(b) has been modified so that annexation
ordinances in the area of concern are clearly related to this
Agreement. The purpose of subparagraph 3(b) is to assure the
viability of the Agreement from the County's standpoint. The
County does not want to find itself in the position of having
permitted enclaves to be created based on a promise by the City
to serve those areas affected and then have a future City
Commission decide it no longer wishes to serve the areas. This
provision provides the logical remedy under those circumstances.
In paragraph 4, "Covenant of the County" we have tried
to clarify that the purpose of this Agreement is to permit
enclaves to be created within the "area of concern," provided the
City otherwise complies with Chapter 171 of the Florida Statutes.
The County has only agreed not to object to creation of enclaves
within the area of concern. The other provisions of Chapter 171,
i.e., requirement for a petition from the landowners, that the
property border the City, etc., would still apply.
We have also added a new subparagraph 4(b) which
specifies that the County will encourage the owners of developing
parcels in the "area of concern" to seek annexation.
It is our hope that this matter can now be amicably
resolved. Please let me know if any further discussion or
clarification is desired. I would also appreciate your letting
me know when action has been taken upon the Agreement by the City
and I will submit same for consideration by the Board of County
Commissioners.
Very truly yours,
/ik Clayton
County Attorney
NC /LNG /l f
cc: Board of County Commissioners
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this
day of , 1986, by and between SEMINOLE
COUNTY, a political subdivision of the State of Florida, whose
address is Seminole 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,
hereinafter 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 expan-
sions 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 govern-
mental services within unincorporated areas of the COUNTY located
WHEREAS, COUNTY and CITY have determined that it is in
the best interests of the citizens of Seminole County, Florida,
that this Interlocal Agreement be entered into.
NOW, THEREFORE, in consideration of the premises and the
promises herein contained, it is mutually agreed between the
parties as follows:
1. MAP. COUNTY and CITY agree that the map attached
hereto as Exhibit "A" and incorporated herein by its reference
shall be used for the purpose of this Agreement to describe and
determine affected areas and to establish the rights and responsi-
bilities associated with such areas.
2. AREA OF CONCERN. The area of unincorporated
Seminole 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 and all other such
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
manner that CITY provides to residents of CITY.
(b) Provide in each annexation ordinance pertain-
ing to property within the area of concern a "covenant with the
County" to the effect that the annexation is subject to this Agree-
ment and that in the event of CITY breaching this Agreement such
annexation shall be rendered null and void.
(c) Assume liability and indemnify COUNTY for any
injury or damage sustained by any reason and 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
annexation 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.
(b) That it will, at the time of development of
parcels of land within the area of concern, encourage the property
owners to seek annexation into the CITY.
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: CITY OF WINTER SPRINGS
By:
MARY T. NORTON, City Clerk OHN V. TOR ASO, Mayor
Date:
(SEAL)
BOARD OF COUNTY COMMISSIONERS
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
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051386
RAM /lf
Rev 10/21/86
NC /gg
Rev 11/24/86
As authorized for execution
by the Board of County Commis-
sioners in their ,
19 , regular meeting.