INTERLOCAL AGREEMENT WITH VARIOUS CITIES ALONG GULF OF MEXICOINTERLOCAL AGREEMENT
AMONG
PINELLAS COUNTY, THE PINELLAS COUNTY CONSTRUCTION LICENSING
BOARD, THE CITY OF CLEARWATER, THE TOWN OF BELLEAIR BEACH, THE
TOWN OF BELLEAIR SHORE, THE CITY OF REDINGTON BEACH, THE CITY OF
NORTH REDINGTON BEACH, THE CITY OF MADEIRA BEACH, THE CITY OF
INDIAN ROCKS BEACH, THE TOWN OF INDIAN SHORES, THE TOWN OF
REDINGTON SHORES, THE CITY OF TREASURE ISLAND, AND THE CITY OF ST.
PETE BEACH, RELATING TO THE PINELLAS GULF BEACHES COASTAL
CONSTRUCTION CODE.
WHEREAS, the municipalities containing the beaches along the Gulf of Mexico in
Pinellas County including the City of Clearwater, the Town of Belleair Beach, the Town of
Belleair Shore, the City of Redington Beach, the City of North Redington Beach, the City of
Madeira Beach, the City of Indian Rocks Beach, the Town of Indian Shores, the Town of
Redington Shores, the City of Treasure Island, and the City of St. Pete Beach, (hereinafter
"Cities", or the singular "City") desire to work cooperatively with each other, Pinellas County
(hereinafter "County"), and the Pineilas County Construction Licensing Board(hereinafter
"PCCLB") to maintain the greatest level of local control over coastal construction building
codes; and
WHEREAS, the PCCLB was established by a special act of the Florida Legislature
(Chapter 73-595 Part II and Chapter 75-489 Part III, Laws of Florida, as amended) as the sole
authority in Pinellas County for establishing building codes and hearing appeals and variance
requests for matters pertaining to building codes; and
WHEREAS, County and the PCCLB have entered into, or are in the process of
negotiating and entering into, a Delegation Agreement with the Florida Department of
Environmental Protection (hereinafter "DEP Agreement") for the purpose of establishing coastal
construction control lines to ensure protection of the beach-dune system, proposed or existing
structures, and adjacent properties and the preservation of public beach access pursuant to
Florida Statutes section 161.053(4);and
WHEREAS, under the proposed Pinellas Gulf Beaches Coastal Construction Code
(hereinafter "Coastal Code"), various responsibilities are placed on the individual local
governments to implement and enforce the Beach Code; and
WHEREAS, the intent of the undersigned parties is to lay out the provisions necessary to
implement the Coastal Code and comply with the DEP Agreement.
NOW THEREFORE, the undersigned parties, pursuant to Florida Statutes Chapter 163,
hereby agree as follows:
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Page 1 of 15
1) DELEGATION OF POWER
The parties to this Interlocal Agreement, hereby delegate all power necessary to
the PCCLB to implement the proposed Coastal Code which is attached hereto and
incorporated by reference herein.
This delegation of power includes, but is not limited to, a grant of power pursuant
to Florida Statutes Section 533.73(4)(b)(7), as created or amended by Chapters 2000-141,
2000-154, or 2001-186, Laws of Florida (or as may subsequently be amended), making
the PCCLB the "Countywide Compliance Review Board" as described in that section.
This delegation of power further includes the recognition of the ongoing powers
and duties of the PCCLB as set forth in Chapter 73-595 Part II and Chapter 75-489 Part
III, Laws of Florida, as amended as the sole authority in Pinellas County for establishing
building codes and hearing appeals and variance requests for matters pertaining to
building codes, as surviving the effective date of the Florida Building Code.
2) INTERLOCAL COOPER.ATION
In the event that a"Local Permitting, Inspection, and Enforcement Authority," as
defined in the proposed Coastal Code, has its power to issue permits and conduct
inspections suspended pursuant to the Coastal Code, each of the undersigned parties
agrees that that City or County will contract for services with one of the other Local
Permitting, Inspection, and Enforcement Authorities to serve the needs of the suspended
City or County pursuant to the Coastal Code. The services contracted shall include, at a
minimum, those services necessary to complete work on outstanding permits or
inspections. Such contractual services may be up to and including, complete ongoing
contractual services provided by the other Local Permitting, Inspection, and Enforcement
Authority for the suspended City or County.
Any agreement after the effective date of this agreement for the provision of
permitting, enforcement or inspection services with respect to the Coastal Code must be
approved by the PCCLB. The approval of the PCCLB shall not be unreasonably
withheld, and may be presumed prior to the immediately subsequent, regularly scheduled
meeting of the PCCLB, if the City or County contracted with to perform the services, has
not itself been suspended from performing such duties by the PCCLB.
3) TERM AND TERMINATION
This Agreement shall become effective upon filing with the Clerk of the Circuit
Court for Pinellas County. The Agreement may be terminated upon the occurrence of:
a) Termination of the DEP Agreement pursuant to its terms, or
b) For reasons other than cause, by a party providing a written notice of 6
months to each of the other parties, and after conducting a hearing
pursuant to Florida Statutes § 120.569.
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4) AMENDMENT PROCEDURES
Any party, may initiate an amendment to this Agreement. All amendments shall
be in writing and shall not be effective against any party until executed by, at a minimum,
County, PCCLB and one City, and then will be effective only as to signatories to the
amendment. Only the Chairperson of the governing body of each party, after approval of
the governing body, may execute either this Agreement or any subsequent amendment,
unless the entity's charter, governing documents, or ordinances provide otherwise.
5) RESERVATION OF RIGHTS TO SOVEREIGN IMMUNITY AND
DECLARATION OF INDEPENDENT STATUS
Nothing in this Agreement shall be construed to affect any party's entitlement
under Florida Law to sovereign immunity, nor shall this Agreement be construed the
create any indemnification by one party of another. This Agreement shall furthermore
not be construed to create any agency relationships among the parties or any relationship
other than independent contracting entities.
(The remainder of this page intentionally left blank)
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PINELLAS COUNTY
ATTEST:
KARLEEN F. DeBLAKER, CLERK
:
Deputy Clerk
(seal)
APPROVED AS TO FORM:
Office of the County Attorney
PINELLAS COUNTY, FLORIDA, by and
through its Board of County Commissioners
:
Date:
Chairman
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PINELLAS COUNTY CONSTRUCTION LICENSING BOARD
Attest:
Pinellas County Construction Licensing Board
Date:
Chairman
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CITY OF BELLEAIR BEACH
Attest:
City Clerk
Approved as to form:
City Attorney
CITY OF BELLEAIR BEACH, FLORIDA
:
Date:
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TOWN OF BELLEAIR SHORE
Attest:
Town Clerk
Approved as
to form:
Town Attorney
TOWN OF BELLEAIR SHORE,
a F1'orida municipal corporation
I�
Mayor
Date:
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CITY OF CLEARWATER
Countersigned:
Brian . Aungst
Mayor-Commissi ner
Approved as to form:
Pa ela K. Akin
Assistant City Attorney
�
CITY OF CLEARWATER, FLORIDA
� ' �
By: .
illiam B. Horne II
City Manager
Attest:
Cy h'a E. Goudeau
Cit C erk
CITY OF INDIAN ROCKS BEACH
CITY OF INDIAN ROCKS BEACH
By:
City Manager
ATTEST:
City Clerk
Dated:
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TOWN OF INDIAN SHORES
ATTEST:
Town Clerk
(Town Seal)
TOWN OF INDIAN SHORES
I�
Mayor
Date:
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CITY OF MADEIRA BEACH
City Attorney
CITY OF MADEIRA BEACH
Mayor
Date:
Attest:
City Clerk
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TOWN OF NORTH REDINGTON BEACH
ATTEST:
CITY CLERK
:
Title:
TOWN OF NORTH REDINGTON BEACH
FLORIDA
C
Title:
Date:
APPROVED AS TO FORM:
Office of City Attorney
:
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TOWN OF REDINGTON BEACH
TOWN OF REDINGTON BEACH, FLORIDA
Attest:
:
Town Administrator
Approved as to legal content
Mayor
Date:
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CITY OF ST. PETE BEACH
Date:
ATTEST:
City Clerk
CITY OF ST. PETE BEACH
By:
City Manager
By:
Mayor
Approved as to form:
City Attorney
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CITY OF TREASURE ISLAND
Mayor, City of Treasure Island
ATTEST:
Date :
City Clerk
[CITY SEAL]
APPROVED AS TO FORM:
City Attorney
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