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HomeMy WebLinkAboutInterlocal Agreement Winter Springs/Seminole County 1986, T `�'s�N7ER S N 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. jds Attachments: 1 A COUNTY OF SEMINOLE d tut sr�r F • WS -9 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: �L 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 LNG /gg 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.