HomeMy WebLinkAbout2004 08 09 Informational 302
COMMISSION AGENDA
ITEM 302
Consent
Informational X
Public Hearin2
Re2ular
August 9, 2004
Meeting
Mgr. iJ-' / Dept.
Authorization
Iff
REQUEST:
The Community Development Department- Planning Division wishes to provide the
Commission with details regarding the enclaves within the City.
PURPOSE:
To inform the Commission with details regarding the enclaves within the City and to inform the
Commission of the 1987 InterLocal Agreement with Seminole County.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act
Florida Statute Chapter 171. Municipal Annexation or Contraction.
Florida Statute Chapter 171.031. Definitions.
Florida Statute Chapter 171.046. (2) 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;
Florida Statute Chapter 380.04. Definition of development.
City of Winter Sprint?:s Comprehensive Plan.
Objective 1.1: Annexation. The City shall pursue a policy of annexation which will provide for the
most efficient use of public facilities and services, eliminate areas of jurisdictional problems, and
provide for sound growth and development of the City and surrounding area.
Policy 1.1.1: By Interlocal Agreement with Seminole County, the City and County may identify and
establish procedures for joint action regarding future joint planning areas, future
annexations and compatible County and City land uses.
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080904 Informational Agenda Item 302
Policy 1.1.2: In order to reduce land use conflicts and for efficient public service provision, the City
shall investigate and, where feasible, annex all enclaves as soon as possible.
Policy 1.1.3: New development proposed within the County in areas that are contiguous to the
City shall be annexed into the City and developed to City standards as a condition
for the extension of public utilities.
InterLocal Aereement of 1987 with Seminole County.
CHRONOLOGY:
Feb. 9, 1987- InterLocal Agreement of 1987, Adopted
Apr. 19,2004- Letter to J. Kevin Grace, County Manager from Ron McLemore, City Manager
regarding Annexation of Internal Enclaves
June 7, 2004- Letter to Ron McLemore, City Manager from 1. Kevin Grace, County Manager
regarding Annexation of Internal Enclaves
July 22, 2004- Joint Staff Meeting between City and County to discuss the Annexation of
Internal Enclaves
FINDINGS:
An Interlocal Agreement, dated 9 February 1987, between Seminole County and the City of Winter
Springs, identified certain "Areas of Concern" which are internal County enclaves. According to the
Agreement, "at the time of development, the County will encourage the property owners to seek
Annexation into the City." In the interim, the City provides all life safety services to these enclaves and
indemnifies the County for any injury or damage resulting from the City not providing these services.
An Interlocal Agreement between the City of Winter Springs and Seminole County was drafted in 1997,
allowing for the annexation of enclaves under certain conditions, but was not adopted by the County.
Since 1987 existing enclaves have been fragmented and reduced in acreage. However, there remains
fifteen (15) enclaves of which ten (10) are less than ten (10) acres. Since January 2004, six (6) parcels
(totaling 27.3 acres) located in enclaves were annexed into the City.
STAFF RECOMMENDATION:
No action of the Commission required.
ATTACHMENTS:
A- Enclave Inventory Sheet and Corresponding Map Locations
B- 1987 Interlocal Agreement with Seminole County
COMMISSION ACTION:
ATTACHMENT A
Legislative Committee on Intergovernmental Relations
Enclave Inventory Sheet
MUNICIPALITY: City of Winter Springs
REPONDENT'S NAME: Eloise Sahlstrom
TITLE: Senior Planner PHONE: (407) 327-5967
EMAIL: esahIStrom(g,!wlmerspnngsTl.org
When completed, please return to Kaymelia Pelt, LCIR, mail to: c/o Legislative Mail Services, Tallahassee, FL
32399, fax to: (850) 487-6587, or email to: pelt.kaymelia@leg.stateJl.us. Questions and comments may also be
directed to Kaymelia at (850) 488-9627.
MUNICIPAL ENCLAVES
Please use the definition of an enclave provided in section 171.031(13), F.S., which is included in the
attached memorandum. Indicate NONE if your municipality does not contain any enclaves.
Enclave Estimated Acreage Estimated Number of Registered Voters
# 1-10 11-25 26-40 40-50 50-75 75-100 >100 0 1-25 26-50 51-100 >100
1 3.66 0
2 2.72 0
3 7.11 2
4 4.48 2
5 15.42 12
6 9.23 0
7 8.12 12
8 12.6 10
9 11.45 6
10 4.45 4
11 8.09 18
12 5.53 8
13 2.02 4
14 118.48 24
15 61.97 146
16
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19
20
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22
23
24
25
26
27
28
City of Winter SprinQ!
ACHMENT A
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I N'l'EHLOC1\f. 1\GRE[':MENT
Engineerinr. :)"r;;:tlil1.;lIl
Seminole Coullll
'rillS IN'l'ERLOC1\L 1\GREl-~MI~N'10 is made and entered into this
9th
day of
FElllWflHY
, 1907, by and between SEMINOLE
COUN'rY, a political subdivi:lion of the State of Florida, whose
address is Seminole County Servlce::; Dullding, 1101 East First
Street, Sanford, Florida 32171, hereinafter referred to as COUNTY,
: "
and CITY OF IUN'fER SPRINGS, a Florida municipal corporation, whose
address is 1126 East State Road ~34, Winter Springs, Florida 32700,
.
hereinafter referred to as CITY.
WlnmSSE'rJ1 :
WIIERE1\S, 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
WIIEREflS, COUN'ry and CITY rec09nize that certain expan-
sions of the CITY's jurisdictional boundaries have caused irregular
boundar ies and areas wherein residents of t.he COUN'l'Y, although
residing in unincorporated Seminole County, havc a natural gco-
graphical relationship with CITY and that thls relationship makes
provision of goverllml?ntnl services by C!'fY logical in view of the
particular circumstances which exist: .and
WIIERE1\S, Chapter 171 of the Florida Statutes provides for
the lawful means whereby municipal corporations may expand by
annexation or contract their municipal boundaries; and
WIIERE1\S, CITY and COUN'l'Y 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
WIIERE1\S, Cl'l'Y is willing to provide all necessary govern-
mental services within unincorporated areas of the COUNTY located
'..
in the area of concern: and
WIIERE1\S, this l\greement is authorized by Chapter 163,
Florida Statutez; and
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WHEREAS, COUNTY and CITY have determined that it is in
the best interests of the ci tizens of Seminole County, Flor ida,
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.
COUNTY and CITY agree that the map attached
MAP"
hereto as Exhibi t "A" and incorporated herein by its reference
shall be used for the purpose of this Agreement to deser ibe 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 red on Exhibit "AU is hereby identified
as the area of concern.
3.
COVENANT OF TilE CITY.
In consideration of and
exchange for the cove,nant of the COUNTY set for th 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 mannp.r
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
manner that CITY provides to residents of CITY.
5. CITY shall provide the same lev~l of road
maintenance within the area of concern that it provides to
residents of CITY.
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GU~:< 127 p/;nlhfi .. yf,
"
(b) Provide in each annexation ordinance pertain-
ing to property within the area of concern a "covenant with the
County" to the effect that the annexation is subject to this Agree-
ment and that in the event of CITY breaching this Agreement such
annexation shall be rendered null and void.
(c) Assume liabil i ty and indemni fy 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 to:
(a) Not sue CITY challenging the validity of any
annexation 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.
(b) That it will, at the time of development of
parcels of land within the area of concern, encourage the property
owners to seek annexation into the CITY.
5.
TERMINATION.
This Agreement shall not terminate,
unles.s mutually
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". MKAV:f:- NORTON,
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agreed to in wr i ting by the par ties,
until all
the area of concern is annexed into CITY.
Ci ty Clerk
Mayor
(SEAL)
DOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By' t~\ n :\ (\
~REE
Chairman
,.
Date:
,'Tanuary 27, 1987
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1;(1;],( 127 J)/.r~ 106 - V~ f
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
4~~~
NC/lf
Rev 01/05/87
RAM/99
Rev 01/22/87
As authorized for execution
by the Board of County Commis-
sioners in their January 13
19~, regular meeting.
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