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RESOLUTION NO. 2019-075 <br /> A RESOLUTION OF THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA <br /> DECLARING THE INTENT OF THE BOARD TO INITIATE <br /> THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN <br /> CHAPTER 164, FLORIDA STATUTES, THE FLORIDA <br /> GOVERNMENTAL CONFLICT RESOLUTION ACT; FINDING <br /> THAT A CONFLICT EXISTS WITH THE CITY OF SEBASTIAN <br /> WITH RESPECT TO THE GRAVES BROTHERS COMPANY <br /> VOLUNTARY ANNEXATION; DIRECTING THE COUNTY <br /> ADMINISTRATOR TO MAIL A CERTIFIED COPY OF THIS <br /> RESOLUTION TO THE CITY OF SEBASTIAN AS WELL AS <br /> THE CITY OF FELLSMERE. <br /> WHEREAS, the City Council of the City of Sebastian approved the annexation of <br /> approximately 1,116 acres of property located south of County Road 510 as requested by the <br /> Graves Brothers Company; and <br /> WHEREAS, as part of the annexation, the City Council approved an annexation <br /> agreement with the Graves Brothers Company; and <br /> WHEREAS, the voluntary annexation agreement contains provisions that appear to be in <br /> conflict with the Interlocal Agreement Providing for the Transfer of the City of Sebastian Water <br /> and Wastewater System between the City of Sebastian and Indian River County, dated <br /> September 20, 1995; and <br /> WHEREAS, additionally it is uncertain as to whether the annexed property meets the <br /> contiguous and compactness requirements of section 171.044, Florida Statutes; and <br /> WHEREAS, the Florida Governmental Conflict Resolution Act, Chapter 164, Florida <br /> Statutes, requires governmental entities to follow a dispute resolution process prior to engaging <br /> in litigation against another governmental entity; <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br /> COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br /> 1. The Indian River County Board of County Commissioners adopts as true and <br /> correct the recitals stated above and incorporates same by reference as part of this Resolution. <br /> 2. It is the intention of the Indian River County Board of County Commissioners to <br /> initiate the conflict resolution procedures provided by the Florida Governmental Conflict <br /> Resolution Act, Chapter 164, Florida Statutes, prior to initiating court proceedings to resolve the <br /> conflict. <br /> FaAfrornrylChrlarimlGRANKi/SLi77t7RN£YAL4TfFRSV2esolutionsChaperl6J Resolution annexnion?0/9.duc Page 1 of 2 <br />