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Home My WebLink About2007-169 An Interlocal Agreement Under Chapter 163 Florida Statutes f 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 parry 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 would expire in one year unless extended by agreement of all parties : 1 of 3 Cinocumems and Settings\willc\Local SettingsUemporary Internet Files\OLK I FF\Urban Services Temporary Agreement 5- 10- 07.doc 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 Height, Density Annexation and Urban Service Line Changes on Unincorporated Land Outside the Urban Service Area Except as provided for in sections 2 or 3 , for one year 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 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 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 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 . 2of3 CA\Documents and Settings\willc\Local Settings\Temporarylntemet Files\OLKIFF\Urban Services Temporuy Agreement 5- 10- 07.doc 4 . Execution of Multiple 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. 3 of 3 C1Documents and Settings4ill6Local Settings\Temporary Internet Files\OLKIFF\Urban Services Temporary Agreement 5- 10- 07.doc Signature page to : An Interlocal Agreement Under Chapter 163 Florida Statutes Relating to Chapter 171 Part II Florida Statutes . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ATTESTED BY: By: -e� AI Gari heeler, Chairman Jeffrey K . Barton , Clerk of Court By: � r e �^� �c�-w-P r "O -. ,: BMapproved : May 22 , 2007 Deputy Clerk APPROVED AS TO FORM AMO LE®AL *UFFICISN" MV4 e WMLtAM 4L OOW17Y ATO�IImw / 0 . MEMORANDUM DATE : June 30 , 2007 TO : Tammy Vock, City of Vero Beach Clerk FR: Maria Suesz, Deputy Clerk Clerk to the Board of County Commissioners RE : Recording of " stand down agreement" C : J. K. Barton, Clerk of Circuit Court William G. Collins, 11 Enclosed you will find the adopted "Stand Down Agreement' from the City of Fellsmere forwarded to you for recording. Please forward the fully executed original Interlocal Agreement after it is recorded to the Clerk to the Board. Thank you, Maria Suesz, Deputy Clerk Clerk to the Board of County Commissioners 1840 25`h Street Vero Beach, Florida 32960 772 -226- 1436 E-mail : msuesz@clerk . indian-river. or� Jason R. Nunemaker Ole, • t1 " YDeborah C . Krages City Manager City Clerk TeRsme re Larry W. Napier, C.G.F.O. Director of Finance and Accounting y ... T CERTIFIED MAIL 7006 2760 0003 8869 0086 rn cr June 13, 2007 s ` S d Mr. Joseph Baird , County Administrator ` Board of County Commission Indian River County 1840 - 25" Street Vero Beach, FL 32960 Re : Fellsmere "Stand -down Agreement" Pursuant to F. S . 163 . 01 Dear .Mgird : ) v L' r.t Please be advised that the Fellsmere Council voted unanimously during their meeting of June 7`" to adopt the "Stand-down Agreement' pursuant to Section 163 . 01 Florida Statutes. This effort is a furtherance of good faith on the part of the City of Fellsmere to continue to work with our sister cities and the County on an Interlocal Service Boundary Agreement and acknowledges the substantive nature of that effort. A copy of Resolution 07- P is enclosed for your file . Should you have any questions or require any additional information please do not hesitate to call me . Sincerely, l' son R. Nunemaker City Manager JRN/dck CC : R-07- P file ;I � M 21 South Cypress St. • Fellsmere , Florida 32948-6714 • Telephone : (772) 571 -0116 Fax (772) 571 - 1901 Website: cityoffellsmere.org 04AI 07 IIIIDdm RESOLUTION NO. 07-P A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, 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 authorized 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 with Indian River County and all other cities within the County pursuant to Chapter 171 , Part II Florida Statutes; and WHEREAS, the drafting of the Interlocal Service Boundary Agreement may take a year or more to complete; and WHEREAS, the City determines that it would be in the public interest to maintain the status quo until the negotiating and drafting process is completed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fellsmere, Indian River County, Florida, as follows: SECTION 1, AUTHORIZATION. The Mayor 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 Resolution was moved for adoption by Council Member The motion was seconded by Council Member k- 2kAAZAA-, and, upon being put to a vote, the vote was as follows: Mayor Sara J . Savage Councilwoman Cheryl Hampton Councilman Francisco Magana Councilman John A. McCants Councilman Fernando Herrera f44--� Mwok fiom No. 07-1? -- Page I of 2 — 0JJB9 nxDdmm TheMayor thereupon declared this Resolution duly passed and adopted this day of June, 2007 . CITY OF FELLSS/MERE, FLORIDA BY: SARA J. SA SA AGE, MAYOR ATTEST: DEBORAH C . KRAGES, City Clerk [ SEALJ R 01-P Page 2 of 2 — An Interlocal Agreement Under Chapter 163 Florida Statutes Relating to Chapter 171 Part B Florida Statutes This Agreement is made the date last written below by and between Iridian 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. WTINESS THAT: WHEREAS, the parties are empowered to enter into cooperative ventures by s Section 163 .01 Florida Statutes, the "Florida Interlocal Cooperation Act of 1969;" and, WHEREAS, the parties to this agreement, all local general-purpose governments Ji 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 H 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, WBEREAS this , temporary agreement would expire in one year unless extended i by agreement of all parties: k f f I of 3 0C U) Mmts and VMHCit'OW Sevin 1r oUM emPamy Im� FaedUIR1FF1IIxben Services Tcmpwary pgmemml 5-16 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: L Adoption of Restrictions pertaining to Height Density. n vexation, and Urban Service Line Chanes on Uninco orated Land Outside the Urban Service Area Except as provided for in sections 2 or 3, for one year 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 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 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 by Super Maign Vote Any restriction in section I may be overridden by a super-majority vote of all the parties to this agreement 3 . Grandfathering Clause Legal Challenge This Agreement does not apply to lands for which annexation applications or petitions have been submitted before May I , 2007, nor does it preclude any party from bringing challenges to such annexations or related comprehensive plan ! amendments. 1 i 2of3 { C1Davmaus and Scttamghn7kU-Oval StamgslTempo yInrmittFtkslOLKIYFWrbm Sa im Tanpu Agro t 5-l0. 07.do f I 4. Execution of Multiple Copies This Agreement may be signed in multiple copies, each of which shall be i deemed an original. S. Removal from Aereement Any party may remove itself from this Agreement by adopting a resolution of its governing body to that effect. Such resolution sball 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 CIerk of the Circuit Court of Indian River County pursuant to Section 163 .01 (I1) Florida Statutes. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of i the date written below. i i i t 3 of 3 t C�pGwM is and Sctdngslvril'CVl W StRbWlTaMPnmry Inkm MedOLKIMU bm Secvim T I 07Am emPorary A>;ramrnt 5-1P- f(r( awrm wwp-®,,, An Interlocal Agreement Under Chapter 163 Florida Statutes Relating to Chapter 171 Part II Florida Statutes Between Indian River County, Town of Indian River Shores, Town of Orchid, City of Sebastian, City of Vero Beach and City of Fellsmere This Interlocal Agreement was approved by the City Council of the City of Fellsmere at their regular meeting held on June 7, 2007 by adoption of Resolution No. 07-P. CITY OFkFESNMIERE, FLORIDA BY: A , MAYOR ATTEST: 44EB0C- KRAGES, City Clerk Reviewed and Approved as to Form: Z' L / r Warren W Dill, CityAttorney