HomeMy WebLinkAboutResolution 2001-29 Chapter 163
RESOLUTION NO. 2001-29
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, SUBMITTING A PROPOSAL TO THE FLORIDA
LEAGUE OF CITIES; SUBMITTING A PROPOSAL TO THE
FLORIDA LEAGUE OF CITIES; SEEKING AMENDMENT
OF CHAPTER 163, FLORIDA STATUTES, TO REQUIRE A
GOVERNMENT ENTITY TO BE A PARTY TO A JOINT
PLANNING AGREEMENT PRIOR TO BEING SUBJECT TO
THE TERMS AND CONDITIONS OF THE JOINT PLANNING
AGREEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the purpose of S 163.3161 et. seq., Florida Statutes, known as the "Local
Government Comprehensive Planning and Land Development Regulation Act", to utilize and
strengthen the existing role, processes, and powers of local governments in the establishment
implementation of comprehensive planning programs to guide and control future development; and.
WHEREAS, it is the further intent ofthis Act to encourage and assure cooperation between
and among municipalities and counties and to encourage and assure coordination of planning and
development activities of units oflocal government with the planning activities of regional agencies
and state government in accord with applicable provisions oflaw; and
WHEREAS, it is also the intent of this Act that all rules, ordinances, regulations, and
programs adopted under the authority ofthis Act must be developed, promulgated, implemented, and
applied with sensitivity for private property rights and not be unduly restrictive, and property owners
must be free from actions of others which would harm their property; and
WHEREAS, S 163.3177(6)(h)1.a., Florida Statutes, provides municipalities and counties,
as part of the intergovernmental coordination elements of its comprehensive plan, shall provide
procedures to identify and implement joint planning areas, especially for the purpose of annexation,
municipal incorporation, and joint infrastructure service areas; and
WHEREAS, it is the purpose of Chapter 171, Florida Statutes, known as the "Municipal
Annexation or Contract Act", to provide procedures for adjusting the boundaries of municipalities
through annexations or contractions of corporate limits and to set forth criteria for determining when
annexations or contractions may take place; and
WHEREAS, 9171.044, Florida Statutes, provides that an owner or owners of real property
in an unincorporated area of a county which is contiguous to a municipality and reasonably compact
may petition the governing body of said municipality that said property be annexed to the
municipality; and
City of Winter Springs
Resolution 2001-29
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WHEREAS, there may, from time to time, be property located within unincorporated areas
ofthe county, which is contiguous to and reasonably compact with more than one municipality; and
WHEREAS, in conjunction with the "Local Government Comprehensive Planning and Land
Development Regulation Act" a single municipality may enter into a Joint Planning Agreement with
a County, to the exclusion of another municipality, for property located in the unincorporated portion
of the county; and
WHEREAS, in accordance with Chapter 171, Florida Statutes, a property owner may
voluntarily request annexation into the municipality which is not party to the Joint Planning
Agreement, entered into between the county and neighboring municipality; and
WHEREAS, the Division of Administrative Hearings, for the State of Florida, in 1000
Friends of Florida, Inc. v. Department ofCommunity Affairs and the City of Stuart (2001 WL 43973
(January 11, 2001)) found that annexations are controlled by Chapter 171 ofthe Florida Statutes; and
WHEREAS, the application or enforcement of a Joint Planning Agreement on a non-party
municipality is a derogation of the powers vested in the non-party municipality under the Florida
Municipal Home Rule Powers Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WINTER SPRINGS,
FLORIDA AS FOLLOWS:
1. Chapter 163, Florida Statutes, should be amended to make clear, that while Joint Planning
Agreements are desirable to provide procedures to identify and implement joint planning
areas, especially for the purpose of annexation, municipal incorporation, and joint
infrastructure service areas; Joint Planning Agreements are not to be entered into and used
to thwart otherwise lawful annexations by non-party municipalities or to dissuade
landowners from electing between two or more competing municipalities, which meet the
criteria for annexation or to thwart otherwise lawful municipal actions.
2. Chapter 163, Florida Statutes, should be amended to specifically state that terms and
conditions agreed upon and evidenced by the execution of a Joint Planning Agreement, are
not effective or controlling upon a non-party municipality.
3. The effective date of this Resolution shall be immediately upon its passage.
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Resolution 2001-29
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DONE AND ADOPTED in regular session of the City Commission ofthe City of Winter
Springs, Florida this 9th day of July 2001.
CITY OF WINTER SPRINGS
PAUL PARTYKA, MAYOR
ATTEST:
ANDREA LORENZO-LUACES
CITY CLERK
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