HomeMy WebLinkAbout1987 01 12 Regular
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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
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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
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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
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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.
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(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
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