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HomeMy WebLinkAboutInterlocal Agreement- Winter Springs/Seminole County- Annexation 1985Honorable Bob Sturm 1101 East First Street Sanford, Florida 32771 Dear Commissioner Sturm: Thank you for taking time off from your busy schedule to discuss our individual and mutual concerns regarding annexation in the area directly north of State Road 419. After the meeting I did meet with the County Attorney in an attempt to work out problem areas of the agreement. As a matter of fact the attorney made copies of.my comments and notes to use in redrafting the agreement. As of this date I have not received an updated draft, consequently I cannot really comment as to real progress except the fact that we will continue to persue a satisfactory agreement. The City has resolved the dispute over the annexation of the right of ways from the intersections of U.S. 17/92 and State Road 419 to the City limits of Oviedo by repealing the ordinance that annexed the road. The County Attorney received a copy of the action. There remains the litigation on the Joyce property which is directly adjacent to City Hall. The County position in the petition indicates that City did not comply with Sections 171.044 (1), 171.03(11) and 171.03(12) of the Florida Statutes. Additional annexation will most likely result in additional litigation. On the other hand there have been actions taken by both the County and City that lead me to believe there are avenues open other than litigation. Such action is not in the best interest of the County, City or their residents. We have in effect mutually agreed that in reviewing the entire area in question (that portion that lies between Lake Jessup and State Road 419) the City would likely provide the most efficient and cost effective service simply because of the location. A great majority of the area is already located in Winter Springs. The City Commission has very recently directed our consulting engineers to commence with a comprehensive Water and Sewer study. This area is included. Additionally Winter Springs has agreed to enter into a general first response agreement with Seminole County. We are presently waiting direction from the County. I must point out however that we are not taking this step to so to speak "sweeten the pot ". The Commission is acting because the City believes that the time has come and it is now in the best interest of all parties concerned to join first response. On the other hand we feel that if our action regarding the Joyce annexation was given the same consideration we could achieve the same result. Consequently I am asking the County Commission to withdraw the petition and continue to work with the City in preparing an agreement that is acceptable to Seminole County and Winter Springs. If I may provide you with additional information or answer any questions please let me know. Thank you for any consideration you may give this RR /jds cc: Commissioner Christensan Commissioner Streetman Commissioner Kirchoff Commissioner Glenn County Attorney City Attorney request. I SinJc'ere ,chard Roz sky City Manage CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 R WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327 -1800 CITY MANAGER November 13, 1985 RICHARD ROZANSKY Honorable Bob Sturm 1101 East First Street Sanford, Florida 32771 Dear Commissioner Sturm: Thank you for taking time off from your busy schedule to discuss our individual and mutual concerns regarding annexation in the area directly north of State Road 419. After the meeting I did meet with the County Attorney in an attempt to work out problem areas of the agreement. As a matter of fact the attorney made copies of.my comments and notes to use in redrafting the agreement. As of this date I have not received an updated draft, consequently I cannot really comment as to real progress except the fact that we will continue to persue a satisfactory agreement. The City has resolved the dispute over the annexation of the right of ways from the intersections of U.S. 17/92 and State Road 419 to the City limits of Oviedo by repealing the ordinance that annexed the road. The County Attorney received a copy of the action. There remains the litigation on the Joyce property which is directly adjacent to City Hall. The County position in the petition indicates that City did not comply with Sections 171.044 (1), 171.03(11) and 171.03(12) of the Florida Statutes. Additional annexation will most likely result in additional litigation. On the other hand there have been actions taken by both the County and City that lead me to believe there are avenues open other than litigation. Such action is not in the best interest of the County, City or their residents. We have in effect mutually agreed that in reviewing the entire area in question (that portion that lies between Lake Jessup and State Road 419) the City would likely provide the most efficient and cost effective service simply because of the location. A great majority of the area is already located in Winter Springs. The City Commission has very recently directed our consulting engineers to commence with a comprehensive Water and Sewer study. This area is included. Additionally Winter Springs has agreed to enter into a general first response agreement with Seminole County. We are presently waiting direction from the County. I must point out however that we are not taking this step to so to speak "sweeten the pot ". The Commission is acting because the City believes that the time has come and it is now in the best interest of all parties concerned to join first response. On the other hand we feel that if our action regarding the Joyce annexation was given the same consideration we could achieve the same result. Consequently I am asking the County Commission to withdraw the petition and continue to work with the City in preparing an agreement that is acceptable to Seminole County and Winter Springs. If I may provide you with additional information or answer any questions please let me know. Thank you for any consideration you may give this RR /jds cc: Commissioner Christensan Commissioner Streetman Commissioner Kirchoff Commissioner Glenn County Attorney City Attorney request. I SinJc'ere ,chard Roz sky City Manage ti - - _ % CITY MANAGER RICHARD ROZANSKY CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327 -1800 June 26, 1986 MEMORANDUM TO: CITY ATTORNEY FROM: CITY MANAG SUBJECT: INTERLOCA AGREEMENT - WINTER SPRINGS /SEMINOLE COUNTY - ANNEXATION Since we saw the agreement for the first time Monday, I have spent some time reviewing it and have the following comments. 1. REFERENCE PAGE 1 a. The 5th "WHEREAS, "; added "LOCATED IN AREAS OF CONCERN." 2. REFERENCE PAGE 2 a. Paragraph 3 (1) (a) (b) (c) (d). Added to each paragraph after the word services "IN THE SAME MANNER ". b. Paragraph 3 (1) (e) Added after provided, "THE SAME LEVEL OF." 3. REFERENCE PAGE 3 a. Paragraph 3 (11) 1. I believe this whole paragraph should be deleted. It appears that there would be no end to the possibility of losing not only the parcel questioned but all parcels annexed under the agreement regardless of the passage of time, or the level of service provided over that period of time. MEMORANDUM /INTERLOCAL AGREEMENT CITY ATTORNEY June 26, 1986 Page 2 � 4 b. Paragraph 4 1. On line 5 of the paragraph after the words "County areas within the area of concern" place a period after the word "Concern -. (a) It appears to me that the deleted portion is not needed and muddies the water. Additionally the deleted portion looks more like a covenant of the City. c. Paragraph 5 TERMINATION: I do not really like it particially after reading the agreement; however, I'm not sure how it could be changed. I think we need to sit down and discuss this agreement and its implications. Even if the County agrees to the changes, I have some reservations about the long term benifits as well as the drawbacks. Afterwards perhaps we can meet with the County again and see what we can work out. S 0 Attachments: cc: Commission /Mayor m RR /jds I` 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 f" !yy 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 necessar govern- mental services within unincorporated re � � i corporated areas of the COUNTY tI,AAr-AVA) d vdtinu A?-,& 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. A 3. COVENANT OF THE CITY. In consideration of an exchange for the covenant of the COUNTY set forth in paragraph (A`''`` j V below, CITY agrees to: (i) Providexthe following governmental services tee citizens residing in the area of concern: ` (a) All fire protection services which shall include first response fire fighting services and all other such I� y'iV6 eta nns OW/34t servicesrthat CITY provides to residents of CITY. 1V (b) All public safety services4 that CITY provides to residents of CITY. ;V AQUA (c) All emergency services that CITY provides Y` i to residents of CITY. 1i17 (d) All law enforcement services that CITY provides to residents of CITY. S/N1b' LHItL D/m (e) CITY shall providelnei r road maintenance 4 AS /NITD : FZ 7W 6 : /=2 1�j►r J=�2S�' AFL% 0 0 10 Or TNT p&VIV6- Or PM F, VAC - M 9�- �� oR�d r✓a� 8E vae� ing to property within County" to the eff de in each annexation Ord covenant with the e -evez� TY breaching this Ag e 1 annexations shall be renders 1 d ab i �- (iii) 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 with CITY not to sue CITY challenging the validity of any annexation ordinance enacted by CITY and pertaining to unincorporated COUNTY areas within the area of concern r 5. TvRMI NATION. 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. CITY OF WINTER SPRINIR ATTEST: ty C er AY= Mayor MARY T. NORTON, C HN v. TOR AS , Date: (SEAL) <4 I BOARD OF COUNTY COMMISSIONERS ATTtST: SEMINOLE COUNTY, rLORIDA By: DAVID N. BERRIEN ROBERT J. STUB!!, Chairman Clerk to the Board of County Commissioners of Date: Seminole County, Florida. For the use and reliance As authorized for execution of Seminole County only. by the Board of County Commis - Approved as to form and sioners in their , legal sufficiency. 19 , regular mee ng. County Attorney LNG /gg 051386 I r