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08-24 RESOLUTION NO. 08-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT, AGREEING TO PARTICIPATE IN THE PROCESS PROVIDED FOR THEREUNDER FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 171, Florida Statutes, entitled the "Interlocal Service Boundary Agreement Act" (Act) provides an alternative to Part I of said Chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county; and WHEREAS, the Act further intends to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; and WHEREAS, a more flexible and clear process providing greater certainty is appropriate and desirable within Pinellas County given the highly urban character of the county, which distinguishes it from many of Florida's other counties; and WHEREAS, the process is intended to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments in order to reduce governmental conflicts and litigation between local governments; and WHEREAS, the overriding goal of the process set forth within the Act is to promote sensible boundaries that reduce the cost of local government, avoid duplicating local services and increase political transparency and accountability; and WHEREAS, the Florida Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declared it to be the policy of the state to eliminate enclaves; and WHEREAS, it is the intent of the City of Clearwater to participate in discussions with those invited municipalities listed in Exhibit A, any of the notified independent special districts listed in Exhibit D who chose to participate, and Pinellas County regarding the development of an interlocal service boundary agreement to address the above referenced concerns; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby agrees to enter into negotiations with the municipalities listed in Exhibit A, the notified independent special districts listed in Resolution No. 08-24 Exhibit 0, and Pinellas County pursuant to the Act to address issues concerning planning and annexation for the areas identified below and as set forth in Exhibit B. Section 2. The City of Clearwater concurs with Pine lias County as to the definition of the area to be considered as the geographical boundaries of Pinellas County as set forth in 97.52, Fla. Stat. (2007). Section 3. The City of Clearwater hereby adopts all issues identified by Pinellas County Resolution 08-110 to be negotiated in this process: a. The process, definitions, and criteria for voluntary and referendum annexations in replacement or modification of the requirements of Ch. 171, Part I, Fla. Stat. (2007); b. The establishment of municipal service areas, as defined in 9 171.202(11)(a), Fla. Stat., for each of the invited municipalities within which such municipalities may plan for and annex, and conversely, unincorporated service areas, as defined in 9171.202(16)(a), Fla. Stat., which shall remain unincorporated, as suggested in Exhibit B, which exhibit consists of those planning areas previously provided for under Pinellas County Ordinance No. 00-63, as recommended for amendment by the Joint Pinellas Planning Council/Countywide Planning Authority Annexation Subcommittee convened in 2005-2006; c. Incorporation of those relevant issues identified and agreed to in the Settlement Agreement between all of the Cities of Pinellas County, and Pinellas County, Florida for the Resolution of Issues Related to the Charter Review Committee, dated May 2,2007, and attached hereto as Exhibit C; d. The incorporation and exercise of those joint planning procedures set forth in 9 163.3171, Fla. Stat. (2007), based on boundaries established in paragraph b. above and Exhibit B attached; e. Declaration of legislative intent and a presumption that annexations that occur pursuant to any alternative procedures established by Pinellas County and the invited municipalities within the planning and annexation areas as set forth in paragraph b above and Exhibit B attached shall meet the "ability to serve" criteria established in Section 5(12) of ch. 88-464, Laws of Fla. (1988), as amended; f. Establishment of a recommended term of 10 years for any interlocal service boundary agreement negotiated to completion, with a review of such agreement to be performed by the parties after the initial 8 years. Section 4. In addition to the issues set forth in Section 3 of this Resolution, the City of Clearwater hereby identifies the following issues to be negotiated in this process: 2 Resolution No. 08-24 a. The establishment of municipal service areas, as defined in 9171.202(11), Florida Statutes; b. The establishment of unincorporated service areas, as defined in 9171.202(16), Florida Statutes; c. The meaning of enclaves, as defined pursuant to 99171.031(13) & 171.202(2), Florida Statutes, and the annexation and elimination of all enclaves located in Pinellas County, in accordance with Ch. 171, Florida Statutes and in particular, 9171.046, Florida Statutes; d. The ability of a municipality to annex any and all unincorporated areas within its service area, if such a municipal service area is agreed to in an interlocal service boundary agreement, without the municipality having to submit an ability to serve report for the unincorporated area. In the alternative, if no municipal service area is agreed to, the exact criteria and relevant information needed for an "ability to serve report" which is required under 9171.042, Florida Statutes and provided to both the Board of County Commissioners and Pinellas Planning Council, shall be determined; e. The ability of a municipality to annex any and all unincorporated areas contained within its service area pursuant to 9171.204, Florida Statutes, if such municipal service area is agreed to in an interlocal service boundary agreement, regardless of whether the area to be annexed is contiguous as defined in 9171.031(11), Florida Statutes, compact as defined 9171.031(12), Florida Statutes or creates an enclave as defined in 99171.031(13) & 171.202(2), Florida Statutes; f. The ability of a municipality to annex any and all County-owned land, including but not limited to roads and rights-of-way, contained within its service area, if such municipal service area is agreed to in an interlocal service boundary agreement, without further approval or consent by Pinellas County. In the alternative, if no municipal service area is agreed to, the process and criteria by which a municipality can annex County-owned land, including but not limited to roads and rights-of-way, into its municipal boundaries; g. In the event municipal service areas are agreed to, the process and establishment of a schedule for annexation of areas within those service areas, pursuant to 9171.203(6)(e); h. The appropriate length of term for the interlocal service boundary agreement and the process for periodic review, as required by Section 171.203(12), Florida Statutes; i. The process, definitions, requirements and criteria for voluntary and referendum annexations contained in Ch. 171, Part I, Florida Statutes, which may be modified in accordance with Ch. 171, Part II, Florida Statutes; 3 Resolution No. 08-24 j. Identification of the local government responsible for delivery or funding of services within a municipal service area or the unincorporated service area pursuant to 9171.203(6), Florida Statutes, including public safety; fire, emergency rescue and medical; water and waste water; road ownership, construction and maintenance; conservation, parks, and recreation; stormwater management; any other services or infrastructure not currently provided for by an electric utility or natural gas transmission company, and any other service delivery issues; k. In the event of the establishment of municipal services areas, the incorporation and exercise of those joint planning procedures set forth in Ch. 163, Part II, Florida Statutes, and in particular 9163.3171, Florida Statutes. If the interlocal boundary agreement addresses the responsibilities for land use planning under Ch. 163, Florida Statutes, the agreement must provide for the establishment of procedures for preparing and adopting comprehensive plan amendments, administering land development regulations and issuing development orders. Section 5. The Clerk is hereby directed to provide a copy of this Resolution within seven days after adoption by United States Certified Mail to the Chief Administrative Officer of Pinellas County, each invited municipality, as set forth in Exhibit A, and each independent special district that received an initiating resolution, as set forth in Exhibit D. Section 6. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of September ,2008. 4~K~ ~k V. Hibbard ' Mayor Approved as to form: Attest: Leslie K. Dougall Assistant City Atto 4 Resolution No. 08-24 EXHIBIT A Invited Municipalities . BeUeair . Belleair Beach . BeUeair Bluffs . Belleair Shore . Clearwater . Dunedin . Gulfport . Indian Rocks Beach . Indian Shores . Kenneth City . Largo . Madeira Beach . North Redington Beach . Oldsmar . Pinellas Park . Redington Beach . Redington Shores . Safety Harbor . Seminole . South Pasadena . St. Pete Beach . St. Petersburg . Tarpon Springs . Treasure Island Res. No. 08-24 PROPOSED ANNEXATION PLANNING AREAS \i / I'INELlAS COUNTY. FLORIDA PRKl'A.REl> ny, nu: MNElJ..t..'l Pl)..NS!NC COUNCil. i: ,\ :i' ..,.,. Exhibit "B" SETTLE.MENT AGREEMENT BETWEEN ALL THE CfnES OF PINELLAS COUNTY AND PINEL LAS COUNTY, FLORIDA FOR THE RESOLUTION OF ISSUES RELATED TO THE CHARTER REVIEW COMMITTEE V)l -Nf AGREEMENT ("Agreement") is eotered into thisJ..: day of 2007, between the Cities and/oT Towns of Belleair, BelleaU- Beach, Belleair Bluffs, Belleair Sho earwatcr, ~din, (3ulfport, IndillD Rocks Beach. Indian Shores, Largo, Kenneth <;ity, Madeira Beach, North Redington Beach, Oldo-mar, Pinellas Para. Redington Beach. Redington Shores, Safety Harbor; 81. Pete Beach, 81. Petersburg, Seminole, South ~asadena, Tarpon Springs, and Treasure Island, all Florida IIlllllicipal corporntiOl;lS ("Cities") and Pinellas County; a political subdivision of the State of Florida, ("County") (collectively .Parties") and Thomas Trask ("'TT:aSk"). WITNESSETH: WHEREAS, the Pinellas County Charter Review Committee placed seven mnendments to the Pinellas County Charter before the voters fot referendum approval; and WHEREAS, the Cities objected to the amendments for various legal and practical reasons; aDd "W"BEREAS, the Cities filed a lawsuit against 1he COlmty, Charter Review Commission and the Supervisor of Elections (City of Pinellas Parle. et al vs Supervisor of Elections, ~ aI. Circuit Civil Case No. 06-5975-CI-Il) (hereina~eneferred to as "Lawsuit"); and WHEREAS, the County filed a ~oilnterclaim to the Lawsuit which alleged that portions of the County Charter protecting the rights of the Cities by a 'dual vote' as to the transfer of certain matters was unconstitutional; and WHEREAS, the Cow1 denied the Cities' request for injunctive reliefbcforc the election; and WHEREAS, the voters xejected four of the proposed amendments; and WtlEREAS, the Cities have no objection to Amendment 1; and WHEREAS, the Cities believe that the ballot language for AmeDdments 5 and 6 is ambiguous and does not accurately reflect the actual amendments proposed to be included in the PineHas County Charter, and WHEREAS, the Cities and County ha..-e met to discuss a resolution of the Lawsuit whicb would reflect the will of the voters as identified in the ballot questions; and . WHEREAS, 'it 'is in the best interests of the Parties to resolve these issues; and Exhibit "e" I, WHEREAS, by ente....ing into this Agreement neither the Cities, individually or collectively. nor the County waive any defense in any action relating to annexation nor sball they be estopped from raising any defense in any action relating to annexation as a result of this Agreement; and WHEREAS. this Agreement is entered into between the Parties to settle the foregoing Lawsuit and to address issues of concern expressed by the Cities and County; and WHEREAS, reference to the 'Cities' oc 'Parties' in these 'WHEREAS' clauses shall not include the cities of Dun~ Redington Beach, and Indian Rocks Beach who were not parties to the Lawsui1, however because they are necessary parties to this Agreement. they are included in references to 'Cities> and 'Parties' in the remainder ofthis Agreement; and . WHEREAS, reference to the 'Cities', 'County', and 'Parties' shall include their elected officials, appointed officials, employees, agents, persons or entities contracting with them. or any other person or entity associated or affiliated wi1h one or more of the Cities and C;Olrnty. NOW THEREFORE, in consideration of one dollar and other good and valuable consideration, the receipt and adequacy of which is haeby ac1cnowledged and the promises and covenants contained herein. the Parties and Trask agree as follows: 1. The above recitatioos are true and correct and are incorporated herein by reference. 2. The Parties named in the Lawsuit hereby agree to settle the above referenced Lawsuit in the following manner and the Parties not named in the lawsuit herby also agree to the following: a. Notwi!:hstanding any other provision of law, with respect to monetary incentives, an annexing municipality and the County may only offer. negotiate. agree to provide, or provide, incentives or in~ceme:nts in conjtmction or connection with an annexation proposal which (1) improve public properties. rights of way, or easements and the infrastructure and/or bcilities located thereon or therein, (2) involve the acquisition of pro~ for public use or benefit, (3) are in furtherance of the closure of enclaves. (4) provide public services and/or facilities, (5) waive or pay development, permit and/or application fees, or (6) otherwise advance a paramount public purpose as defined by Florida law. . b. Consents requi:red by Section 171.0413(5) and (6), F.S. shall be express and in writing. Such consent shall be obtained by the annexing municipality at least ten (10) days prior 10 any ref~endum required purSWlOt to Section 1'71.0413, F.S. or at least ten (10) days prior to the public hearing on the ordinance required for annexation puisuant to Section 171.0413(6). c. Without the currCIt property owner's written permission, no municipality in Pine1Ias County shall subject any property to a referendum pursuant to Section 171.0413, F.S. fOJ a period of seven years from the last date that sucbproperty was subject to an anne.xationreferendum. d. No municipality in Pine1las County shall subject any property to a referendum pursuant to Section 171.0413; F.S. unless an infoonational notice has been mailed to all affected property owners at least.ten days prior to the public hearing. e. The Parties agree that the dual vote provision set forth in Sectiqn 6.04- of the County Charter is constitutional, the County shall not support any future litigation challenging the constitutionality of that provision, nor shaH the County support legislation or referenda seeki;ng to remove this provision from the Charter. The- County shall notify the Cities within thirty days of receipt of service I" of any lawsuit or the filing of any claim chall~g this provision. The Parties shaD request the Court to enter a judgment finding this provision to be c~nsti:tutionaJ. . f. The Parties shall not draft, support, request, or propose any enabling legislation for Amendments 5 and 6. The Parties hereby jointly request present and future legislatures an~ legislative delegations to not pass any enabling legislation with respect to Amendments 5 and 6. . g. The Charta Review Commission and the Supervisor of Elections shan be dismissed from the uwsuit The remaining claims in the. above referen~ Lawsuit and count~laim, aod 1he lawsuit filed by Tom Trask, styled Traskvs Pinellas County, Circuit Civil No. 06-7171-cI-1l shall be dismissed. 11- All Parties shall bear their own fees and costs (this shall not apply to any cost sharing agreement betwP..eu the Cities for the Cities' fees or costs). i. This Agreement shall, to the extent necesSary to be enforceable, constitute an interlocal agreement between the parties. . j. This Agreement shall, to the extent necessary to be enforceable, constitute an interlocal agreement between the parties entered into pmsuant to Part II, Chapter 171 Florida Statutes. k. As a result of entering into this Agreement, neither the Cities, individually or collectively, nor the County waive any deknse in any current oy future action relating to annexation nor shall they be estopped from raising any defense in any current or futnrc action relating to annexation nor shall they be prevented in any way from raising any claim in any current or future lawsuit relating to annexation. The foregoing shall not apply to any action necessary to enforce the terms oftbis Agreement 1. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all such couoterparts taken together shall constitute one agreement. 3. Tbe Court shall retain jurisdiction to enforce the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized repn<sentatives on the day and date first ;lbove written. END OF SUBSTANTIVE PROVISIONS. SIGNATURE PAGES TO FOLLOW. V.U I" ATTEST: KEN BuRKE, CLERK By~a~ . "':.:. -~_..J< . .,.-' ucotity.>-'J~'. '.. .. '..;') ". -'. . . -." ',' ; ; r . ~ . ~SEAL) ;. ... .< . , r- ,. . . , APPROVED AS. TO FORM: .A-~ Office of the COlmty Attorney PlNELLAS COUNTY PINELLAS COUNTY. FLORIDA. by and through its Board of County Commissioners I. . EXHIBIT D Notified Independent Special Districts . Southwest Florida Water Management District (SWFWMD) . Tampa Bay Water (TBW) . Pinellas Park Water Management District (PPWMD) . Pinellas Suncoast Fire & Rescue District . Eastlake Special Fire Control District . Lealman Special Fire Control District . Palm Harbor Special Fire Control & Rescue District . Clearwater Cay Community Development District . Eastlake Oaks Community Development District . Entrada Community Development District Res. No. 08-24