8587-14ORDINANCE NO. 8587-14
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, ADOPTING AN
INTERLOCAL SERVICE BOUNDARY
AGREEMENT WITH PINELLAS COUNTY,
FLORIDA ET. AL., PURSUANT TO CHAPTER
171, PART II, FLORIDA STATUTES, THE
INTERLOCAL SERVICE BOUNDARY
AGREEMENT ACT; PROVIDING FOR
PUBLICATION; PROVIDING FOR 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 Pinellas County Board of County Commissioners adopted
Resolution No. 11 -185 on December 6, 2011 initiating the negotiating process provided
for in the Act; and
WHEREAS, the Act 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 annexation process 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 provided for in the Act 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, through the negotiating process, the cities of Clearwater, Dunedin,
Largo, Kenneth City, Pinellas Park, Safety Harbor, St. Petersburg, Seminole, and
Tarpon Springs, along with Pinellas County have all come to an agreement to enter into
an interlocal service boundary agreement ( "ISBA ") for future annexations within Type A
enclaves.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
SECTION 1. The above mentioned recitals are hereby incorporated herein.
Ordinance No. 8587 -14
SECTION 2. The City hereby agrees to enter into the ISBA with Pinellas County and
the cities of Dunedin, Largo, Kenneth City, Pinellas Park, St. Petersburg, Safety Harbor,
Seminole, and Tarpon Springs. The appropriate City officials are authorized to execute
the ISBA, which is attached as Exhibit A.
SECTION 3. It is the intention of the City Council that each provision hereof be
considered severable, and, if any section, subsection, sentence, clause or provision of
this Ordinance is held invalid, the remainder of this ordinance shall not be affected.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby
superseded or repealed to the extent of such conflict.
SECTION 5. This ordinance shall be published in accordance with the requirements of
law.
SECTION 6. This ordinance shall become effective immediately upon final passage and
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
OCT 0 2 2014
OCT 1 5 2014
— qeorkq vek\ticor
George N. Cretekos
Mayor
ved s to form: Attest:
Pamela K. Akin
City Attorney
Rosemarie Call
City Clerk
2 Ordinance No. 8587 -14
INTERLOCAL SERVICE BOUNDARY AGREEMENT
This INTERLOCAL SERVICE BOUNDARY AGREEMENT is made and entered into
on this day of , 2014, by and among the City of Clearwater, City of
Dunedin, Town of Kenneth City, City of Largo, City of Pinellas Park, City of Safety Harbor,
City of St. Petersburg, City of Seminole, and City of Tarpon Springs, Florida municipalities
(hereinafter individually "City" and collectively "Cities "), and Pinellas County, a political
subdivision of the State of Florida (herein the "County"), hereinafter collectively referred to as
the "Parties ".
WHEREAS, annexation of unincorporated area by the incorporated municipalities of
Pinellas County is an ongoing, significant occurrence that has important growth management and
service delivery implications to the unincorporated county, the incorporated municipalities, and
the citizenry; and
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, 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, Section 171.044(1), Florida Statutes 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, Section 171.204, Florida Statutes authorizes the parties to enter into 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 Section
171.031(13)(a), Florida Statutes (hereinafter "Type A enclaves "); and
WHEREAS, pursuant to Section 171.203, Florida Statutes, the County, on December 6,
2011, adopted Resolution No. 11 -185 and authorized transmittal to the ten municipalities that
Exhibit A
Ordinance No. 8587 -14
contain Type A enclaves and to the five independent special districts that serve these enclaves;
and
WHEREAS, the cities of Clearwater, Dunedin, Largo, Kenneth City, Pinellas Park,
Safety Harbor, St. Petersburg, Seminole, and Tarpon Springs, the Lealman Special Fire Control
District, and the Pinellas Suncoast Fire and Rescue District responded with their respective
resolutions to participate in this process; and
WHEREAS, during the negotiation process to develop the Interlocal Service Boundary
Agreement, the Lealman Special Fire Control District and the Pinellas Suncoast Fire and Rescue
District have decided not to continue to participate in the negotiation process and be a party to
the Interlocal Agreement; and
WHEREAS, pursuant to Part II, Chapter 171, Florida Statutes, the Parties hereto agree
that the following terms and conditions shall direct the manner in which non - contiguous
properties within Type A enclaves may be annexed by the Cities.
NOW, THEREFORE, in consideration of the covenants made by each party to the other,
the County and Cities agree as follows:
SECTION 1.Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
SECTION 2. Authority. This Interlocal Service Boundary Agreement ("Agreement") is entered
into pursuant to the general authority of Part II, Chapter 171, Florida Statutes.
SECTION 3. Municipal Service Area. Pursuant to Section 171.202(11)(a), Florida Statutes, the
Municipal Service Area is defined in this Agreement as the areas within the geographical
boundaries of Pinellas County as set forth in Section 7.52, Florida Statutes, that meet the
definition of an enclave as defined in Section 171.031(13)(a), Florida Statutes, as "any
unincorporated improved or developed area that is enclosed within and bounded on all sides by a
single municipality," and as set forth in Exhibit A.
SECTION 4. Voluntary Annexation Within a Municipal Service Area. Each City shall have
the authority to voluntarily annex real property within the Municipal Service Area that is not
contiguous to that municipality as defined in Section 171.031(11), Florida Statutes, and is
enclosed within or bounded on all sides by that municipality. Annexation is considered
voluntary through the submission of a petition for annexation by the current property owner. A
municipality may not execute a petition for annexation on behalf of a property owner under an
existing annexation agreement in order to use the voluntary annexation provisions under this
Agreement. If the current property owner withdraws a petition for annexation prior to final
2
Exhibit A
Ordinance No. 8587 -14
action by the municipality to annex the property, voluntary annexation of that property may not
proceed under this Agreement.
SECTION 5. Annexation Agreements. The subject property to be annexed shall not involve a
property that is subject to an existing annexation agreement on the effective date of this
Agreement without the consent of the current owner(s) of the real property, unless the current
owner is a party to the existing annexation agreement and has executed a petition for voluntary
annexation. Property annexed pursuant to this Agreement shall not provide the basis for
annexing an adjoining property that is subject to an annexation agreement without the consent of
the current owner(s) of the real property.
SECTION 6. Procedure for Voluntary Annexation Within a Municipal Service Area. The
owner or owners, or his/her or their agent, of real property that meets the requirements of Section
4 above, may petition the governing body of the municipality that said property be annexed into
the municipality and the municipality may annex said property. The Parties agree to comply
with the prerequisites to annexation as defined in Section 171.204, Florida Statutes and in
Chapter 171, Part II, as are applicable. All notice requirements applicable to voluntary
annexations under Chapter 171, Florida Statutes, shall be required. Additionally, notice to the
property owner by certified mail prior to each reading of the ordinance shall be required. The
County and the Cities agree to negotiate in good faith separate joint planning agreements for the
Municipal Service Areas in order to comply with Section 171.204(2), Florida Statutes. All
agreements relating to annexation existing on the Effective Date of this Agreement, whether
settlement agreements or otherwise, between any of the Parties, are not intended to and shall not
be amended or superseded by this Agreement and shall remain in full force and effect.
SECTION 7. Effect of Agreement. The procedure of Sections 4, 5, and 6 shall affect only the
voluntary annexation of real property located within the Municipal Service Area as established
by this Agreement. The procedures provided in Chapter 171, Part I, Florida Statutes governing
annexation shall remain in full force and effect, except as modified in this Agreement.
SECTION 8. Tenn. The term of this Agreement shall be twenty (20) years. The renegotiation
of this Agreement, if desired, must begin at least eighteen (18) months before its termination
date.
SECTION 9. Periodic Review. The Parties agree to perform a periodic review of the
Agreement at the conclusion on the 6th, 12th, and 18th years of the Agreement. The Cities agree
to submit to the County the parcel number, date of annexation, size, the County Taxable Value as
determined by the Pinellas County Property Appraiser and future land use map designation of
each parcel that has been annexed in the prior six year period pursuant to the authority granted in
3
Exhibit A
Ordinance No. 8587 -14
this Agreement, as well as any issues pertaining to the implementation of the Agreement. The
County agrees to collate this information into a summary report.
SECTION 10. Notice. Notice by any of the Parties to the other Parties pursuant to this
Agreement shall be given in writing and hand - delivered or mailed via certified mail, return
receipt requested as follows:
If to the County: County Administrator
315 Court Street
Clearwater, Florida 33761
If to the City of Dunedin: City Manager
542 Main Street
Dunedin, FL 34698
If to the City of Largo: City Manager
P.O. Box 296
Largo, FL 33779 -0296
If to the City of Safety Harbor: City Manager
750 Main Street
Safety Harbor, FL 34695
If to the City of Clearwater: City Manager
P.O. Box 4748
Clearwater, FL 33758 -4748
If to the City of St. Petersburg: City Administrator
175 Fifth Street N
P.O. Box 2842
St. Petersburg, FL 33731
If to the City of Pinellas Park: City Manager
5141 78th Avenue
Pinellas Park, FL 33781
4
Exhibit A
Ordinance No. 8587 -14
If to the City of Seminole: City Manager
9199 113x` Street N.
Seminole, FL 33772
If to the City of Tarpon Springs: City Manager
324 E. Pine Street
Tarpon Springs, FL 34689
If to the Town of Kenneth City: Town Manager
6000 54th Avenue N.
Kenneth City, FL 33709
SECTION 11. Construction. This Agreement shall be construed as an expression of inter-
agency cooperation enabling the parties to conduct annexations within the Municipal Service
Area established herein in a more efficient manner. However, this Agreement shall not be
construed as delegating or authorizing the delegation of the constitutional or statutory duties of
either party to the other.
SECTION 12. Filing: Effective Date. This Agreement shall take effect on November 1, 2014.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date
set forth above.
PINELLAS COUNTY, FLORIDA by and
through its Board of County Commissioners
By:_
Chair
Approved as to Form: ATTEST:
KEN BURKE, CLERK
Deputy Clerk
5
Exhibit A
Ordinance No. 8587 -14
CITY OF LARGO
a municipal corporation
By:
Norton Craig, City Manager
REVIEWED AND APPROVED: ATTEST:
Alan S. Zimmet, City Attorney Diane Bruner, City Clerk
CITY OF DUNEDIN
a municipal corporation
By:
Rob DiSpirito, City Manager
APPROVED AS TO FORM: ATTEST:
Thomas J. Trask, City Attorney Denise Schlegel, City Clerk
CITY OF CLEARWATER
a municipal corporation
By:
William B. Horne, II, City Manager
APPROVED AS TO FORM: ATTEST:
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
6
Exhibit A
Ordinance No. 8587 -14
CITY OF PINELLAS PARK
a municipal corporation
By:
Douglas Lewis, City Manager
APPROVED AS TO FORM: ATTEST:
James W. Denhardt, City Attorney Diane Coma, City Clerk
CITY OF SAFETY HARBOR
a municipal corporation
By:
Matt Spoor, City Manager
APPROVED AS TO FORM: ATTEST:
Alan S Zimmet, City Attorney Karen Sammons, City Clerk
7
Exhibit A
Ordinance No. 8587 -14
CITY OF ST. PETERSBURG
a municipal corporation
By:
Gary Cornwell, City Administrator
APPROVED AS TO FORM: ATTEST:
Jeanne Hoffmann, City Attorney Eva Andujar, City Clerk
TOWN OF KENNETH CITY
a municipal corporation
By
Matthew Campbell, Town Manager
APPROVED AS TO FORM: ATTEST:
John Elias, Town Attorney Susan Scrogham, Town Clerk
8
Exhibit A
Ordinance No. 8587 -14
CITY OF TARPON SPRINGS
a municipal corporation
By:
Mark LeCouris, City Manager
APPROVED AS TO FORM: ATTEST:
Jay Daigneault, City Attorney Irene Jacobs, City Clerk
CITY OF SEMINOLE
a municipal corporation
By:
Frank Edmunds, City Manager
APPROVED AS TO FORM: ATTEST:
John Elias, City Attorney Rose Benoit, City Clerk
9
Exhibit A
Ordinance No. 8587 -14