HomeMy WebLinkAboutR-07-30 Chapter 164 with FellsmereRESOLUTION R-07-30
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PURSUANT TO FLORIDA
STATUTES CHAPTER 164 INITIATING CONFLICT RESOLUTION PROCEDURES
WITH THE CITY OF FELLSMERE AS TO ANNEXATION-RELATED ACTIVITIES
WHEREAS, the City of Fellsmere adopted an initiating resolution pursuant to the Interlocal Service
Boundary Agreement Act and invited the City of Sebastian, along with the other local government jurisdictions
within Indian River County, to negotiate an agreement concerning annexation, land use, density and height of
certain lands that could potentially request annexation into that City in the future; and
WHEREAS, the City of Sebastian adopted a responding resolution indicating its willingness to
negotiate these issues, as well as indicating other issues which it desired to negotiate concerning lands that had
already applied to the City of Fellsmere for annexation; and
WHEREAS, the City of Fellsmere has continued to proceed with the annexation process for those
additional lands designated in the City of Sebastian responding resolution, and will not negotiate any issues
related to these lands; and
WHEREAS, the City of Sebastian has concerns that the impacts of those annexations upon the interests
of Sebastian, especially in light of the provisions of the annexation agreements related thereto and the
provisions of the adopted City of Fellsmere Comprehensive Growth Management Plan, have not been
adequately addressed; and
WHEREAS, on July 18, 2007, the City Council for the City of Sebastian, Florida held a special meeting
and, finding that significant legal rights of the City will be compromised if the Court does not enjoin further
action on these annexations pending dispute resolution, by unanimous vote authorized initiating litigation
against the City of Fellsmere over these disputed issues; and
WHEREAS, the City of Sebastian is mindful of its obligation under Florida Statutes Chapter 164 to
otherwise attempt in good faith to resolve disputed issues with a neighboring city outside the litigation arena,
and finds that such negotiations are in the best interests of its citizens so long as the status quo is maintained;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
1. It is the intention of the City of Sebastian to initiate the conflict resolution procedures of Florida
Statutes Chapter 164 as to issues set forth in pending litigation with the City of Fellsmere before prosecuting
said legal action beyond the Court's initial consideration of an injunction to maintain the status quo on the
disputed issues during such negotiations.
2. The issues the City of Sebastian desires to resolve through Chapter 164 conflict resolution with
the City of Fellsmere are:
a. The legal obligation of the City of Fellsmere to negotiate issues set forth in the Florida Statutes Chapter
171, Part II, responding resolutions of its fellow local governments, and the validity of any annexations
processed during the course of such negotiations;
b. The consistency of the annexation-related activities of the City of Fellsmere with its adopted
Comprehensive Plan, and curative measures that can be taken to legitimize these annexation-related
activities.
c. Actions the City of Fellsmere can undertake to off-set impacts to the City of Sebastian from these
annexation-related activities.
SO RESOLVED this 25~' day of July, 2007.
The foregoing Resolution was mov for ado tion b Councilmember / 1,.~~~~V2~~~ The
1' Y
motion was seconded by Councilmember ~~ ~,i c 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 Resolution duly passed and adopted this L~S~' day of July, 2007.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. io, MMC
City Clerk
By:
Mayor Andrea Coy
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, Cit ttorney