HomeMy WebLinkAboutR-07-22 Status Quo During ISBA NegotiationsRESOLUTION NO. R-07-22
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA AUTHORIZING AN
INTERLOCAL AGREEMENT TO MAINTAIN THE STATUS QUO DURING
NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY
AGREEMENT; PROVIDING FOR SEVERABILITY, CONFLICT AND AN
EFFECTIVE DATE
WHEREAS, the City is empowered to enter into cooperative ventures with other local
governments under the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the City is presently negotiating an Interlocal Service Boundary Agreement
pursuant to Florida Statutes Chapter 171, Part II; and
WHEREAS, this process may take a year or more; and
WHEREAS, the City determines that it would be in the public interest to maintain the
status quo until the negotiating process is completed;
NOW THEREFORE, BE IT 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.
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are hereby repealed.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 Ordinance was moved for adoption by Councilmember
~ .The motion was seconded by Councilmember ~~~~a and,
upon being put to a vote, the vote was as follows:
Mayor Andrea Coy
Vice-mayor Sal Neglia
Councilmember Al Paternoster
Councilmember Dale Simchick
Councilmember Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of May,
2007.
ATTEST:
;v
Sally A. o, MMC
City Cl
CITY OF SEBASTIAN, FLORIDA
_/" ,;
By:
Mayor Andrea Coy
Approved as to form and legality for
r 'anc b th of Sebastian only:
~c ~ '~
Ricll Stringer, City A~brney
An Interlocal Agreement Under Chapter 163 Florida Statutes
Relating to Chanter 171 Part II Florida Statutes.
This Agreement is made the date last written below by and between Indian River
County, the City of Vero $each, the City of Sebastian, the City of Fellsmere, the Town of
Indian River Shores, and the Town of Orchid.
WITNESS THAT:
WHEREAS, the parties are empowered to enter into cooperative ventures by
Section 163.01 Florida Statutes, the "Florida Interlocal Cooperation Act of 1969;" and,
WHEREAS, the parties to this agreement, all local general-purpose governments
organized under the laws of the State of Florida, aze presently negotiating an Interlocal
Service Boundary Agreement including an annexation plan for certain areas of the county
pursuant to the method provided in Chapter 171, Part II Florida Statutes; and,
WHEREAS, the staff assigned to this process by each party believe that this
process may take a yeaz or more; and,
WHEREAS, the parties thus feel that it would be in the public interest to maintain
the status quo until the negotiating process is completed; and,
WHEREAS, the staff assigned to the negotiating team have suggested that a
temporary agreement be entered into which would prohibit certain activities from
occurring in relation to land which is now in the unincorporated area and outside the
urban service area; and,
WHEREAS, this temporary agreement would expire in one yeaz unless extended
by agreement of all parties:
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NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, and for such other good and valuable consideration, the undersigned
parties agree as follows:
1. Adoption of Restrictions pertainin tg o Hei t, Densi ~, Annexation, and Urban
Service Line Chan eg_ s on Unincorporated Land Outside the Urban Service Area
Except as provided for in sections 2 or 3, for one yeaz from the date of this
Agreement:
a) There shall be no annexation of land that is, as of May 1, 2007, in the
unincorporated area of the county and outside the county's urban service azea;
b) There shall be no changes to the boundary line delineating the county's
urban service area from what is was on May 1, 2007; and
c) There shall be no increases in height limits or residential densities for
Land that was in the unincorporated area of the county and outside the county's
urban service area as of May 1, 2007.
2. Restriction May be Changed b~~ Super-Majorit~Vote
Any restriction in section 1 may be overridden by asuper-majority vote of
all the parties to this agreement.
3. Crraudfathering Clause, Legal Challenges
This Agreement does not apply to lands for which annexation applications
or petitions have been submitted before May 1, 2007, nor does it preclude any
party from bringing challenges to such annexations or related comprehensive plan
amendments.
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4. Execution of Mult~le Copies
This Agreement may be signed in multiple copies, each of which shall be
deemed an original.
5. Removal from Agreement
Any party may remove itself from this Agreement by adopting a
resolution of its governing body to that effect. Such resolution shall take effect no
earlier than the expiration of one year from the effective date of this Agreement;
except that in the event that the county conducts a first reading of an ordinance
proposing a home rule charter or the parties cease negotiating an Interlocal
Service Boundary Agreement, such resolution shall take effect as provided in the
resolution.
6. Effective Date
This Agreement shall become effective upon filing with the Clerk of the
Circuit Court of Indian River County pursuant to Section 163.01(11) Florida
Statutes.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of
the date written below.
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An Interlocal Agreement Under Chapter 163 Florida Statutes
Relating to Chapter 171 Part II Florida Statutes
This interlocal agreement was approved by the Sebastian City Council at their May 23,
2007 Regular Meeting by adoption of Resolution No. R-07-22.
ATT
Sally A. M 'o, MMC
City Cle
CITY O ~ SE STIAN, FLORIDA
B .
1 •, City Manager
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
Rich ringer, City tt ey