12-03RESOLUTION NO. 12-03
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, the Pinellas County Board of County Commissioners adopted
Resolution No. 11-185, initiating the negotiating process provided for in the Act; and
WHEREAS, Part I I, 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, one of the goals 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, § 171.044(1), Fla. Stat., prohibits the voluntary annexation of
property that is not contiguous to a municipality and within an enclave; and
WHEREAS, given the highly urban character of Pinellas County, a more flexible
process providing for municipalities to voluntarily annex non-contiguous property within
an enclave is appropriate and desirable within Pinellas County; and
WHEREAS, it is the intent of the City Council of the City of Clearwater to respond
to the invitation of the Pinellas County Board of County Commissioners in order to
initiate discussion with Pinellas County and other invited municipalities listed in Exhibit A
regarding the development of an interlocal service boundary agreement as defined in
Part II, Chapter 171, Florida Statutes, to permit non-contiguous, voluntary annexation of
property within an enclave as defined in § 171.031(13)(a), Fla. Stat.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
1. The governing body of the City of Clearwater hereby responds to Pinellas
County Resolution No. 11-185 and agrees to enter into negotiations with the
municipalities listed in Exhibit A, the notified independent special districts listed in
Exhibit C, 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. The
City of Clearwater incorporates Exhibits A through C, which are attached hereto and are
attached to Pinellas County Resolution No. 11-185, as part of its Resolution for the
purposes of these negotiations.
Resolution No. 12-03
2. The governing body of the City of Clearwater concurs with Pinellas County
as to the definition of the area to be considered as the areas within the geographical
boundaries of Pinellas County as set forth in §7.52, Fla. Stat., that meet the definition of
an enclave as defined in § 171.031(13)(a), Fla. Stat. (2010), as "any unincorporated
improved or developed area that is enclosed within and bounded on all sides by a single
municipality."
3. The governing body of the City of Clearwater hereby adopts the sole issue
identified by Pinellas County Resolution 11-185 to be negotiated in this process, to wit:
The ability of a municipality to voluntarily annex property that is not contiguous to
the municipality as defined in Florida Statutes Section 171.031(11) (2010) and is
located within an enclave as defined in Paragraph 2. above.
4. The City 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, the Chief Administrative Officer of each other
invited municipality as set forth in Exhibit A, and the Chief Administrative Officer of each
notified independent special district, as set forth in Exhibit C.
5. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2nd day of February , 2012.
Approved as to form:
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Leslie K. Dougall Si es
Assistant City Att ey
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Frank V. Hibbard
Mayor
Attest:
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Rosemarie Call
City Clerk
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2 Resolution No. 12-03
• qearwater
• Dunedin
• Kenneth Crty
• targo
• Oldsmac
• Pfnelias Park
• Safety Harbor
• Seminole
� St. Petersburg
• Tarpor� Springs
EXH161T A
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TYPE'A' ENCIAVES AND
MUNICIPALIY'IES IN
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EXHIBIT C
NOTIFIED INDEPENDENTSPfCIAI DI.STRlCTS
Southwest Florida Water Management District
Tampa Bay Water
Pinetlas Park Water Management District
Pinellas Suncoast Fire and Rescue District
Lealman Speciai fire Control DistrKt