SERVICE AREA AGREEMENT
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SERVICE AREA AGHEEMENT
;[H IS I\GREEt-1ENT mad~ anrl en te red into th i s_~~,~_____day 01'
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~~__'::2:::~_~' r\, D. 1976, by i~nd be tv/ce'::'iI thee ITY OF CL [f\R~<JI'I,rER,
F'LOr,!f[A, a municip211 corpO[i'tlon, and the CITY OF DUNEDIN, F;"[j~\lDrJ"
a municipal corporation;
W T N E SSE T H:
v!HEf\EAS, the parties hereto desire to ent'2f into a Service {\rea
Agreement in t:lccon1ance vlith the provisions of the Florida Inter-local
Cooperadon Act of 1969 to enable both r:'u0ir;ir~alities to ,better pIa:! for the
future dcvelcprncnt of each, a~d to allmv each to efficiently provide municipal
services on an ecoGomically feasible basis to the residents of their respective
municipal tties and to persons residing out5ide the present municipal 1 imits;
and
Hi1EREf\S, both r.1unicipalities desire to fKlke the most efficient use
of the I r pOI-1St'S by eni1.b 1 i n9 them to cooperate wi th each other 011 the bas j s
of mutual advantage thereby V"ovtdinSJ services and facilities in a manner
that will accord best with thB geographic~ economic and population factors
influendn:! the needs qnd developlntont of each conlmunity and of the nearby
unincorpDrated areas; and
\/HEkEf\S, it is mutually agreed and generally acknm':ledged that
it is 1I10st efficient for one of the parties to provide all or nearly ,::.11 of the
services for- any given locality, rather thon fo; each party to proviC:e some
but not all of the services for that local ity; and
IyIHERFAS, both flUrliciral ities, after careful stL;,jj' clfld consulti~tion,
have nrutual1y definEd and agreed upon certain service area bounddries and
desire to incorporClte this aSJr-eernent and unJerst3rld!nq into \vritten form Clnd
to qualify the aqreement under the terms of the Florid2 Inter-local Cooperation
Act of 1969;
NOW, THEREFORE, it IS agreed by and between the r~spectlvc parties
112i~eto 65 i:ol10~~t:
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1. The parties agree that the service ielf-Ca of each for the provision of
water, sevier and all other municipal services, excluding natural gas for which
only the City of Clearwtlter has a franchise, shall be as ~,et forth in Exhibit
"A" 2ttached hereto and !"'aoe a p2rt hereof by reference.
2. Both parties agree that the service area boundaries so defined
in Exhibit "A" are binding on both parties and neither party shall offer or
supply municipal services to any person, firm or corporation in the service
area boundaries of the other party and that nei ther party I,d 11 annex any
lands or exercise any legislative or pol ice power over lands contained in
the service area of the other. The range of municipal services to be rendered
may vary among service areas and from time to tl[;1c v/ithin any given service
area. The permissible range of municipal services shall extend as far as
the range of municipal services which a municipal ity is entitled by law to
render in any areas within its jurisdiction. The extent to which a municipal ity
shal I render municipal services shall be vested in the discretion of said
municipal ity. Thus, Exhibit "A" of this agreement ha~, del ineated geogt'aphical
borders within wllich each party shall have the exclusive right to provide
municipal services. l"he extent of the muniripal services which may be
provided shall be as determined according to law, but for the purpose of this
agreement shall include all services \'Jhich a municipality may 01- must
provide, including but not limited to the following: Water, Sewer, Fire
Protection, Police Protection (when annexed), Parks and Recreation Faci] ities
(when annexed), Land Use (subject to conformance with the Pinellas Planning
Councills Land Use Plan)) and other services normally considered as
municipal responsibilities.
3. The provisions of Paragraph 2 above may be modified by the parties
as to all or certain specified services upon an agreen~ent in writing executed by
both parties, making specific reference to this Agreement.
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4. The parties hereto agree that neither will enter into any agreement
or arrangement with any other governmental body or any private individual,
firm or corporation which directly or indirectly allows the said party to
exercise any power otherwise denied herein and no party shall do by
substitution or indirection what cannot be accomplished under the provisions
of this Agreement.
5. The parties agree that the terms of this Agreement may be ,enforced
in a court of competent jurisdiction by either of the parties hereto and agree
and acknowledge that damages may not be a proper, useful or adequate
remedy for breach hereof and that relief by injunction or other equitable
remedy shall be available to either party.
6. The parties agree that this Agreement shall be in effect for one
(1) year from the date hereof and shall automatically be extended for additional
one (1) year periods unless written notice of the desire to terminate this
Agreement is delivered to the City Attorney of the other party either by hand
or by certified or registered mail no later than sixty (60) days from the
anniversary date hereof; except that it is further agreed between the parties
that either party may terminate this Agreement at any time upon the giving
of one hundred eighty (180) days notice by hand delivery or by certified or
registered mail to the City Attorney of the other party.
7. The parties agree that upon execution of this Agreement they will
mutually undertake to submit this Agreement to the Department of Legal
Affairs in accordance with subparagraph 11 of Section 163.01, Florida
Statutes, and shall modify or amend the Agreement as necessary to achieve
approval by the Department of Legal Affairs~ The parties further agree
that in accordance with subparagraph 12 of Section 163.01, Florida Statutes,
this Agreement shall be filed with the Clerk of the Circuit Court of Pinellas
County, Florida, upon execution hereof.
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8. The parties acknowledge that this Agreement contains all the
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understandings between the parties and that any oral agreements are
specifically denied. Any modification hereto must be in writing and executed
by both partie s .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their proper officers and City officials and the official seal
of each municipal corporation affixed hereto the day and year first above
written, in accordance with the laws and ordinances of each party.
Countersigned:
y::f;;2/Ud r?~c:Llj-r.
Mayor-Commissi r /'
::=fi;~jER'
City Man e.
FLORIDA
Approved as to form and
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Witnes ses:
CITY OF DUNEDIN, FLORIDA
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By ~~~ <<7' ~......
, City Manager {
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Approved as to form and
corri~ctness: .
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CittAttorney , J "
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STATE OF'FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this I~ day of ~
A. D. 1976, before me personally appeared Picot B. Floyd, Thomas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Agreement and severally
cknow1edged the execution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thereto, and the said agreement is the act and
deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above written.
0-k .1 ·
I\~ f , c"'_~
Notary Public c . ,. .:: - .
My Commission Expires:
Notary Public, State of Florida at large
My Com:mission Expires SeDt '0 1 Q7'7
Bonded by American Fire & Casualty Co.
ST ATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 0rfl
A. D. 1976, before me personally appeared
day of tf'?/f/L
respectively, City Manager, City Attorney, City Clerk and Mayor
of the City of Dunedin, Florida, a municipal corporation, to me known to he
the individuals and officers described in and who executed the foregoing
Agreement and severally acknowledged the execution thereof to be their
free act and deed as such officers thereunto duly authorized; and that the
official seal of said municipal corporation is duly affixed thereto, and the
said Agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Dunedin in the County of
Pinellas and State of Florida, the day and year last above written.
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/~~~/!k
Notary ublic
My. Commis sion E?').'ires:
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My C)::,,;,i,,~,_n Ex""e, r~ii. oJ, 1
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