HomeMy WebLinkAboutR-01-43RESOLUTION NO. R-O1-43
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA
AUTHORIZING AN INTERLOCAL AGREEMENT WITH INDIAN RIVER
COUNTY FOR JOINT PLANNING ACTIVITIES FOR AN EIGHTY ACRE
PARCEL OF LAND KNOWN AS THE DAMS PARCEL; PROVIDING FOR
SEVERABiLITY, CONFLICT AND AN EFFECTIVE DATE
WHEREAS, the City Council has considered the application of Brian Davis for an
amendment to designate an initial land use for certain property considered for annexation from its
existing County Future Land Use Map designation of L-2 (Low-Density Residential, 6 units per
acre) to MDR (Medium Density Residential) in the City; and
WHEREAS, the City Council determined that the proposed changes in the City
Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future
development goals of the City of Sebastian, and approved transmittal of the application to the
State on April 11, 2001; and
WHEREAS, Fla. Stat. 163.3171 provides a means for cities and counties to
jointly plan for enclaves; and
WHEREAS, Indian River County approved the attached Interlocal Agreement for
Joint Planning Activities at its May Z2, 2001 meeting;
NOW THEREFORE, BE 1T RESOLVED BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. AUTHORIZATION. The City Manager is hereby
authorized on behalf of the City to execute the attached Interlocal Agreement for Joint
Plamung Activities and transmit a copy thereof to the State.
Section 2. CONFLICTS.
All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
Section 3. EFFECTIVE DATE.
This resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember Hill
The motion was seconded by Councilmember Ma jcher
a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr
aye
and, upon being put into
aye
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of
June, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A aio, CMC
City Clerk
BY ~~ T~G~
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
~ ~
Rich Stringer, City Attorney
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INTERLOCAL AGREEMENT FOR JOINT PLANNING ACTIVITIES
THIS INTERLOCAL AGREEMENT entered into this 22nd day of May,
2001, between the CITY OF SEBASTIAN, a Florida municipal corporation
(hereinafter called "CITY"), and INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida (hereinafter called "COUNTY"), provides that
WHEREAS, the Florida Interlocal Cooperation Act of 1969 grants the
parties the authority to enter into interlocal agreements; and
4JHEREAS, an eighty-acre enclave of unincorporated land commonly
known as the Davis Property lies just west of Schumann Lake and is completely
surrounded by incorporated lands of the City of Sebastian; and
WHEREAS, Florida Statutes and the Comprehensive Plans of both the
COUNTY and the CITY encourage the annexation of such enclaves into the
surrounding municipality; and
WHEREAS, Fla. Stat. 163.3171 provides wide latitude to cities and
counties to jointly plan for such enclaves through interlocal agreement;
THEREFORE, IN AND FOR CONSIDERATION of the mutual public
benefits provided herein, the sufficiency of which is hereby acknowledged by the
parties, it is agreed:
1. CITY shall initiate the process of voluntary annexation for the Davis
Property, which is more fully described as follows:
The West '/2 of the Northeast '/ of Section, 18,
Township 31 South, Range 39 East, lying in Indian
River County, Florida.
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2. Concurrent with and conditioned upon said annexation, CITY is
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hereby authorized to process and submit a Land Use Map Amendment for its
Comprehensive Plan to incorporate said Davis Property and designate use of the
same under the CITY's Medium-Density Residential (RM-8) land use category,
and to further process a rezoning for the land consistent with said land use
category.
3. Each of these planning activities shall be conditioned upon and only
be given effect upon the annexation of the Davis Property into the corporate
limits of the CITY.
4. CITY shall coordinate each of these activities with COUNTY, and
keep COUNTY fully informed as to the status of the planning activities
undertaken pursuant to this Agreement. COUNTY shall cooperate and assist
CITY in these activities.
5. CITY agrees to indemnify, defend and hold COUNTY harmless
from any and all claims brought by an affected party as defined under Fla. Stat.
Chapter 163 as a result of the planning activities undertaken pursuant to the
Agreement. Nothing herein shall be deemed a waiver of sovereign immunity by
either party.
6. This Agreement shall commence upon the day last executed by a
party hereto, and shall remain in effect until final annexation of the property
described herein or for a period of two (2) years, whichever date occurs earlier.
7. This Agreement shall be filed with the Clerk of the Circuit Court of
Indian River County, Florida pursuant to Fla. Stat. 163.01(11).
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,~
AGREED to on the dates set forth below.
CITY OF SEBASTIAN,
a Florida municipal corporation
Terrence Rf~P0loore, City Manager
Date: ~ ~ ~
ATTEST:
~~~ ~~
Sally A. M o, CMC
City Clerk (SEAL)
INDIAN RIVER COUNTY, FLORIDA
By ~ sue. uu
Caroline D. Ginn, Cha man
Board of County Commissioners
Date: May 22, 2001
ATTEST: -~'~~Jeffre~.K. Barton, Clerk
~- P ~
g~,__.... C'~r.,c..cc~... ~ ,
- :Deputy~.Clerk
(SEAL)
Approved as to form and legality
for reliance by the City of
Sebastian Only:
.~
..,
Rich Stringer, City orney
Approved as to form and legality
for reliance by Indian River
County Only:
~~~~~~
William G. Collins II
Deputy County Attorney
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