HomeMy WebLinkAbout2008-199An 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,
WHEREAS, in the event the interlocal service boundary agreement process fails
to result in a signed interlocal agreement among all the parties, and the parties have
continued to negotiate in good faith till the expiration date set forth in this stand down
agreement, all parties agree to waive the requirements of Florida Statutes §171.203(13),
requiring dispute resolutions pursuant to §164.1053-164.1057.
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 May be Changed by Super -Majority Vote
Any restriction in section 1 may be overridden by a super -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
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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 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.
7. Waiver of §171.203(13) Requirements
In the event the interlocal service boundary agreement process fails to
result in a signed interlocal agreement among all the parties, and the parties have
continued to negotiate in good faith till the expiration date set forth in this stand
down agreement, all parties agree to waive the requirements of Florida Statutes
§171.203(13), requiring dispute resolutions pursuant to §164.1053-164.1057.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of
the date written below.
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ATTEST: J. K. arton, Clerk
f.l
By: �41'7zi �" G r'
Deputy Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER CO TY
B0L ")
San ra L. Bowden, Chairman
Board of County Commissioners
BCC approved: June 17, 2008
APPROVED AS TO FORM
B
WILLIAM OLLI� NS �i
COUNTY ATTORNEY
Acknowledged before me this 17th day of June, 2008 by Sandra L. Bowden,
Chairman of the Board of County Commissioners of Indian River County, Florida who is
personally known to me.
�pRY PU6
E.M. CASANO
* * MY COMMISSION # DD 702283
EXPIRES: August 6, 2011
SEAL: �fATFOFFIOP`or Bonded Thru Budget NotuySakes
NOT
ICA
Printed named E.M. Casano
Commission No.: #DD 702283
Commission Expiration: August 6, 2011
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