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HomeMy WebLinkAbout1987 01 12 Regular tr-:..~ ....- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (305) 327-1 800 CITY MANAGER RICHARD ROZANSKY MEMORANDUM JANUARY 8, 1987 TO: COMMISSION/MAYOR FRaI, CITY 4 SUBJECT: PROPOSED INTERLOCAL AGREEMENT WINTER SPRINGS/SEMINOLE COUNTY Attached is the agreement Attorney Kruppenbacher prepared and I forwarded to the County Attorney for her review. In her letter of December 16, 1986 which is also attached, she indicated that there were no problems and that she was prepared to take it to the County Commission. jds Attachements: II cc: Attorney City Clerk LDC Planner .,/' iF' COUNTY OF SEMINOLE FLORIDA December 16, 1986 1101 EAST FIRST 5T SANFORD. FLORIDA 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: As we discussed today, the rev~s~ons to the proposed Interlocal Agreement between the City of Winter Springs and .- Seminole County have been reviewed. My office has no objections to the revisions you have suggested. I am prepared to take the Agreement in its present form to the Board of County Commis- sioners for their consideration at their next meeting, which will be January 13, 1987. Hopefully you will have the opportunity to present the Agreement to your City Council for their consideration within that time frame. I look forward to a successful conclusion to this matter. Happy holidays. I hope you and Billee are enjoying the "warmth" of the season and have a great Christmas and new year. veh~ours. t.kt.~ayton County Attorney NCIlf J~@f&uwlt~ DEe 18 1986 CITY of WINTER SPRINGS CITY MANAGER - .../ IHTERLOCAL AGRE~QNT THIS IHTERLOCAL AGP~ is made and entered into this day of , 1986, by and between SEMINOLE COUNTY, a politi- .' cal subdivision of the State of Florida, whose address is Semi- nole County Services Building, 1101 East First Street, Sanford, Flor ida 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, herein- after 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 expansions of the CITY's jurisdictional boundaries have caused irregular boundar ies 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 WIIBRBAS, 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 ~, CITY is willing to provide all necessary governmen- tal services within unincorporated areas of the COUNTY located ~ the area of concern; and WBERBAS, this Agreement is authorized by Chapter 163, Florida Statutes; and WBERBAS, 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, TIIEREPORE, in consideration of the premises and the promises herein contained, it is mutually agreed between the par- ties as follows: 1. MAP. COUNTY and CITY agree that the map attached hereto as Exhibit "A" and incorporated herein by its refer- ence shall be used for the purpose of this Agreement to describe and determine affected areas and to establish the rights and responsibilities associated with such areas. 2. AREA OF CONCERN. The area of unincorporated Semi- nole 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 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 man- ner that CITY provides to residents of CITY. 5. CITY shall provide the same level of road maintenance within the area of concern that it provides to resi- dents of CITY. (b) Provide in each annexation ordinance pertaining to property within the area of concern a "covenant with the County" to the effect that the annexation is subject to this Agreement and that in the event of CITY breaching this Agreement such an- nexation shall be rendered null and void. - ,/ / / - 2 - y (c) Assume liability and indemnify COUNTY for any injury or damage - resulting from the failure of CITY to perform the above referenced services and for the negligent or wrongful performance of such ser;vices. 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 an- nexation 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. ~ That it will, at the time of development of par- cels 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: JOHN V. TORCASO, Mayor MARY T. NORTON, City Clerk Date: (SEAL) ATTEST: BOARD OF COOHTY COMMISSIOHBIlS SEMINOLE COORTY, FLORIDA By: , Chairman DAVID N. BERRIEN Clerk to the Board of County Commissionars of Seminole County, Florida. 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 Commis- sioners in their , 19__, regular meeting. ,County Attorney L056LJBG09-A4 12/05/86 - 3 -