00-09
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RESOLUTION NO. 00-09
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, STATING THE INTENT OF THE CITY
COMMISSION TO INITIATE CONFLICT RESOLUTION
PROCEDURES WITH THE CITY OF LARGO, FLORIDA
PROVIDED FOR UNDER THE FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT;
SPECIFYING THE ISSUES OF CONFLICT WITH THE CITY
OF LARGO; DIRECTING THE CITY MANAGER TO
PROVIDE A STATUTORILY MANDATED LETTER AND A
CERTIFIED COpy OF THIS RESOLUTION TO THE CITY
MANAGER OF THE CITY OF LARGO; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Largo, Florida on January 4, 2000, adopted Ordinance
No. 2000-17, annexing an approximately 14-acre tract of real property to the north of
Belleair Road; and
WHEREAS, the subject property is within the Clearwater Planning Area
established by an Interlocal Agreement dated January 14, 1992 between the City of
Clearwater and Pinellas County, and is outside the City of Largo Planning Area
. established by a similar Agreement; and
WHEREAS, the Ordinance appears to violate an Interlocal Agreement dated
November 13, 1990 among the Cities of Largo, Pinellas Park, and St. Petersburg and
Pinellas County [the "Tri-Cities Agreement"] establishing a Tri-City Extraterritorial
Planning Area; and
WHEREAS, the property is within the City of Clearwater Sewer Service Area,
Water Service Area, and Fire District, and the City of Clearwater has the ability and
capacity to provide said services to the property; and
WHEREAS, the Pinellas County Planning Council staff and Planners' Advisory
Committee have found that the City of Largo does not have the ability to serve the
subject property, and the Pinellas County Planning Council has on December 15, 1999
voted to approve its staff recommendation; and
WHEREAS, the action of the City of Largo violates the provisions of Florida
Statutes Chapter 171 regarding the ability of the annexing municipality to provide
services to the annexed property; and
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WHEREAS, the action of the City of Largo materially adversely affects the City of
Clearwater; now, therefore,
Resolution No, 00-09
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BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Pursuant to Florida Statutes Section 164.1052, the City Commission
of the City of Clearwater hereby states its intention to initiate the conflict resolution
procedures provided by the Florida Governmental Conflict Resolution Act prior to
initiating court proceedings against the City of Largo to resolve the following conflict:
Whether the City of Largo lawfully adopted Ordinance No. 2000-17 in view of the
provisions of the Interlocal Agreement between the City of Clearwater and Pinellas
County, the Tri-Cities Agreement, and other Agreements relating to service districts,
and whether said Ordinance meets the requirements contained in Florida Statutes
Chapter 171 for annexation of the subject property.
However, in the event that it becomes necessary to file a certiorari petition or
appeal from the City of Largo's action prior to the conclusion of conflict resolution
proceedings under the Act in order to meet time deadlines for filing such proceedings,
the City Attorney is hereby directed to so proceed and to seek a stay or abatement of
any such action until the conclusion of conflict resolution proceedings.
Section 2. The City Manager is hereby directed, within five (5) days after
passage of this Resolution, to send a certified copy of this Resolution and the letter
required by Florida Statutes Section 164.1052(1) to the City Manager of the City of
Largo setting forth in said letter the minimum requirements contained therein. Such
letter and Resolution shall be sent by certified mail, return receipt requested.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 20th day of Januarv
,2000.
Approved as to form:
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Attest:
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E. Goudeau, City Clerk - U
Pamela K. Akin, City Attorney
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Resolution No, 00-09