Loading...
HomeMy WebLinkAboutR-08-08RESOLUTION NO. R-08-08 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT EXTENDING THE RELATIONSHIP ESTABLISHED BY THAT CERTAIN AGREEMENT ADOPTED BY RESOLUTION R-07-22 ON MAY 23, 2007 TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT ("ISBA"), WITH A NEW EXPIRATION DATE OF OCTOBER 31, 2008, PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City of Sebastian 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 ("ISBA") pursuant to Florida Statutes Chapter 171, Part II; and WHEREAS, the City of Sebastian adopted Resolution No. R-07-22 on May 23, 2007, which authorized an interlocal agreement to maintain the status quo during negotiations for an ISBA; and WHEREAS, that interlocal agreement adopted by City of Sebastian Resolution No. R-07-22 and entered into by and between Indian River County, the City of Vero Beach, the City of Sebastian, the City of Fellsmere, the Town of Indian River Shores and the Town of Orchid, was recorded and effective on June 29, 2007 and had an expiration date of June 29, 2008; and WHEREAS, parties to the agreement have agreed to extend the deadline to October 31, 2008; and WHEREAS, the City Council of the City of Sebastian, Florida concurs with extending the deadline to October 31, 2008. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached document entitled An Interlocal Agreement Under Chapter 163 Florida Statutes Relating to Chapter 171 Part II Florida Statutes", as attached hereto as Exhibit A. 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.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 Council member P a t e r n o s t e r The motion was seconded by Council member S imchi ck and, upon being put into a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff aye ay e ay e ay e ay e The Mayor thereupon declared this Resolution duly passed and adopted this 25T" day of June, 2008. ATTE n,/' _ Sally A. Maio MMC City Clerk CITY OF SEBASTIAN, FLORIDA f~ t By: Mayor Andrea Coy Approved as to form and legality for relia e y e City of Sebastian only: I ~~- Rich Stringer, City A for ey EXHIBIT "A" An Interlocal Agreement Under Chapter 163 Florida Statutes Relating to Chapter 171 Part II Florida Statutes. This Agreement is made the date last written below by and between Indian River County, the City of Vero Beach, 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, are 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 year 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 will expire on October 31, 2008, unless extended by agreement of all parties; and, 1 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 pertaining to Annexation and Urban Service Line Changes on Unincorporated Land Outside the Urban Service Area Except as provided for in sections 2 or 3, until after October 31, 2008: 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 area; 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 2. Restriction Maybe Changed by Super-Majority Vote Any restriction in section 1 may be overridden by asuper-majority vote of all the parties to this agreement. 3. Grandfathering 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. 4. Execution of Multiple Copies This Agreement may be signed in multiple copies, each of which shall be deemed an original. 2 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 October 31, 2008; 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. 3 AUTHORIZED BY THE CITY OF SEBASTIAN pursuant to Resolution R-08- 08 on June 25th, 2008. By: ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Alfred A. Minner, III City Manager Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 4