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HomeMy WebLinkAbout1997 10 13 Consent Item A COMMISSION AGENDA ITEM A egular Consent X formational October 13, 1997 Meeting MGR DEPT Authorization REQUEST: The Community Development Department - Administrative Division presents to the City Commission for informational purposes a draft of an "Interlocal Agreement Relating to the Annexation of Enclaves" prepared by staff. PURPOSE: The purpose of this Board Item is to apprise the Commission that City staff has prepared a draft of an Interlocal Agreement Relating to the Annexation of Enclaves that will be reviewed by Seminole County staff. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 171.046(1) F.S. which state "The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the state to eliminate enclaves." The provisions of 171.046(2) F.S. which states "In order to expedite the annexation of enclaves of 10 acres or less into the most appropriate incorporated jurisdiction, based upon existing or proposed service provision arrangements," a municipality may: (a) Annex an enclave by interlocal agreement with the county having jurisdiction of the enclave. The City has expressed an interest in annexation in the past, (ref. 8-14-95 City Commission meeting). The provisions of9J-5.015 F.A.C. which state in part: "It is the purpose of the Intergovernmental Coordination Element to identify and resolve incompatible goals, objectives, and policies and development proposed in local government comprehensive plans and to determine and respond to the needs for coordination processes and procedures with adjacent local govern~ents, and regional and state agencies." The provisions of Policy 3)b under Objective F of the Intergovernmental Coordination Element in the City's Comprehensive Plan which states "Seek execution of interlocal agreements regarding coordination of annexation issues." CONSIDERA TIONS: * The City has eight (8) enclaves within it. Most of the enclaves are either vacant land or sparsely developed with residential. * Two (2) of the enclaves are ten (10) acres or less in size (See attached ExhibitA Map). * Six (6) of the enclaves are more than ten (10) acres (See attached Exhibit B Map). * The City staff has held discussion with county planning staff on several occasions dating back to March, 1995 concerning joint planning matters. From some of the discussions, a Joint Planning Area Map showing potential areas of annexation into the City was generated. The City Commi~sion, on August 14, 1995, adopted by consensus the Joint Planning Area Map. FUNDING: No expenditure of funds involved. IMPLEMENTATION SCHEDULE: Within the current calendar year. Mter Seminole County staff reviews the draft City of Winter Springs/Seminole County Interlocal Agreement Relating to Joint Planning and the Annexation of Enclaves, and the City Attorney reviews the draft, it will be presented to the City Commission for adoption. ATTACHMENTS: 1. Letter, dated September 16, 1997, to Kevin Grace, Deputy Asst. County Manager from Charles Carrington, AICP Community Development Director. 2. Draft City of Winter Springs/Seminole County Interlocal Agreement Relating to Joint Planning and the Annexation of Enclaves. COMMISSION ACTION: C..'1/'-1 '" t -:j) tE: v ;:; '/6. l-;~ eg' [}?) ';." .. .. 0 \v:;Y ~ 1/ , I .... CITY OF WI NTER.SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-1800 COMMUNITI DEVELOPMENT DIRECTOR September 16, 1997 Mr. Kevin Grace Deputy Assistant Manager Seminole County 1101 East First Street Sanford, Florida 32771 Dear Mr. Grace: Winter Springs is intere~ted in formalizing a Interlocal Agreement with Seminole County to address Joint Planning and the annexation of enclaves. Enclosed are two copies of a draft agreement that is patterned after the approved City ofLongwood agreement dated December 4, 1995. Please ask the County Attorney to review the draft and provide suggestions for additions, deletions or changes. Your attention to this matter is appreciated. Sincerely, ~ c-...7--A- ~ . (J C-. -- ~ Charles C. Carrington, AICP, Community Development Director CCC/saf Enclosures cc: Ron McLemore, City Manager John J. Drago, Administrative Assistant wdocslccc\Jcncn\gracc. 9-15-97 CITY OF WINTER SPRINGS/SEMINOLE COUNTY INTERLOCAL AGREEMENT RELATING TO THE ANNEXATION OF ENCLA VES THIS INTERLOCAL AGREEMENT is made and entered into this day of 1997, 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 the "COUNTY", and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708- 2799, hereinafter referred to as "WINTER SPRINGS". WITNESSETH: WHEREAS, Winter Springs has a number of enclaves located within its municipal boundaries; and WHEREAS, the Florida Legislature, in Section 171. 046( 1), Florida Statutes, stated, "that enclaves can create significant problems in planning, growth management, and service delivery and therefore (the Legislature) declares that it is the policy of the State to eliminate enclaves", and WHEREAS, Section 171.046(2)(a), Florida Statutes, provides that annexation of enclaves may be accomplished by the entry of an interlocal agreement between a County and a Municipality if the enclave to be annexed is ten (10) acres or less in size; and WHEREAS, the Board of County Commissioners of Seminole County, hereinafter referred to as the "Board", and Winter Springs recognize that there are numerous benefits that would derive to the residents of enclaves located within Winter Springs were their property to be annexed into WINTER SPRINGS; and WHEREAS, the Board supports the annexation of existing enclaves located within the Winter Springs Municipal limits by means of an interlocal agreement when all owners of property located within said enclaves are in agreement with the annexation; and WHEREAS, this agreement is authorized pursuant to the provision of Chapter 171, Florida Statutes, as well as other applicable law. NOW, THEREFORE, in consideration of the mutual promises, understandings and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1. Recitals. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2. Annexation of Enclaves. a) Enclaves surrounded by the corporate limits of the City of Winter Springs of 10 acres or less as further defined in exhibit "A" attached hereto, shall be incorporated into the corporate limits of the City as provided in this section; a.l) Enclaves in which the property owners are agreeable to annexation are hereby annexed into the City. a.2) Enclaves in which the property owners are opposed to annexation shall be annexed into the City upon a change of ownership of the fee interest in the property, or upon passage of five years from the adoption date of this agreement which ever should come first. b) The Board of County Commissioners agrees to support the annexation of enclaves greater than ten acres further defined in exhibit "B" attached hereto, consistent with Florida Law. SECTION 3. Notices. a) Whenever either party desires to give notice unto the other, notice may be sent to: COUNTY County Manager Seminole County Services Building 1101 East First Street Sanford, FL 32771 II With a copy to: Planning & Development Director and Economic Development Coordinator Seminole County Services Building 1101 East First Street Sanford, FL 32771 WINTER SPRINGS City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 With a copy to: Director of Community Development City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 b) Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices or invoices. All notices shall be effective upon receipt. SECTION 4. Indemnity and Insurance. a) Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions arising out of this Agreement of that party and the officers, employees and agents thereof. b) To the extent allowed by law, each party to this Agreement shall indemnify, save and hold harmless the other party and all of its respective officers, agents and employees for and against all losses and all claims, demands, payments, suits, actions, recoveries and judgements of every nature and description whatsoever, including claims for property damage and claims for injury to, or death of persons brought or recovered against the other party to this Agreement by reason of any act or omission of the responsible party, its respective officers, agents, subcontractors or employees, in the execution of the work relating to this Agreement. c) The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the COUNTY, or WINTER SPRINGS, beyond the waiver provided for in Section 768.28, Florida Statutes. d) The waiver of a provision herein by either party shall not constitute the further waiver of said provision, or the waiver of any other provision. SECTION 5. Compliance with Laws and Regulations. In performing under this Agreement, the parties shall abide by all laws, statutes, ordinances, rules and regulations pertaining to, or regulating the performance set forth herein, including those now in effect and hereafter adopted. Any material violation of said laws, statutes, ordinances, rules or regulations, subject to an opportunity to cure as set forth herein, shall constitute a material breach of this Agreement. SECTION 6. Construction of Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, the COUNTY and WINTER SPRINGS have contributed substantially and materially to the preparation hereof SECTION 7. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. SECTION 8. Headings. All sections and descriptive headings in this Agreement are inserted for convenience only, and shall not affect the construction or interpretation hereof SECTION 9. Time. Time is of the essence with this Agreement. SECTION 10. Severability. If any provision, term or clause of this Agreement is determined to be invalid or unenforceable by a Court of competent jurisdiction, said determination shall not in any way, affect the obligation of the parties as provided for or referred to herein and, to that end, the provisions of this Agreement shall be deemed severable. However, such invalidity or unenforceability shall preclude the continuing effect of this Agreement if a failure of consideration were to occur. SECTION 11. Entire Agreement. a) This Agreement constitutes the entire Agreement of the parties with respect to the subject matter hereof, and may not be modified or amended except by a written instrument equal indignity herewith, and executed by the parties to be bound thereby. b) No waiver or consent to any departure from any term, condition or provision of this Agreement shall be effective or binding upon any party hereto unless such waiver or consent is in writing, signed by an authorized officer of the party giving the same and delivered to the other party. SECTION 12. Effective Date. This Interlocal Agreement shall take effect upon a certified copy being recorded in the Public Land Records of Seminole County, Florida. IN WITNESS WHEREOF, the parties to this Interlocal Agreement have caused their names to be affixed hereto by the proper officers thereof ATTEST: CITY OF WINTER SPRINGS By: PaulP.Partyka,~ayor Margo M. Hopkins, City Clerk Date: ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA Clerk to the Board of County County Commissioners of Seminole County, Florida By: Randy ~orris, Chairman Date: For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners in their 19_, regular meeting. Seminole County Attorney only. For the use and reliance of Winter Springs only. Approved as to form and legal sufficiency. Winter Springs Attorney