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AGREEMENT PLAN PREPARATION . '" I -, ",-. - .. I AGREEMENT PLAN PREPARATION 1. STATEMENT OF INTENT. It is the intent of this Agreement to: 1. Formally recognize the roles of the Pinellas County Planning Council (PCPC) and the Designated Local Planning Entity (DLPE) and the governing body of the City of Clearwater in meeting the requirements of the Local Government Comprehensive Planning Act (LGCPA). 2. Specify the plan elements to be prepared by the PCPC. 3. Specify the plan elements to be prepared by the DLPE, and sp,ecify responsibilities for financing the preparation of plan elements. 4. Specify the review process that the PCPC will follow in reviewing plan elements prepared by the DLPE. 5. Specify the review criteria that the PCPC will follow in reviewing plan elements prepared by the DLPE. 6. Specify conditions for terminating this Agreement. II. STATEMENT OF RECOGNITION. 1. The City of Clearwater recognizes the PCPC as the Local Planning Agency (LPA) as designated by Section 6 (1) (a) of the LGCPA. The City Planning Department shall likewise be recognized as the Local Planning Agency (LPA) as designated by Section 6 (1) (a) of the LGCPA in the event that LPA duties and responsibilities of the PCPC are revoked by operation of law or judicial decision. 2. The PCPC recognizes the agency which is now designated, or may be designated, by the City of Clearwater as the entity that will prepare the elements of the Comprehensive Plan specified in Part IV as permitted by Section 6 (5) of the LGCPA. The planning ar'ea may include parts of the County outside the City of Clearwater upon adoption of an official agreement as provided in Section 5 (3) of the LGCPA. -1- 1 ).{,.~, I r lor) . eLl. , ' , I ~ I 3. The PCPC recognizes the responsibility and authority of the Governing Body of the City of Clearwater to adopt a comprehensive plan for its area of municipal jurisdiction as provided for in Section 9 of the LGCPA. 4. The PCPC recognizes the responsibility of the City of Clearwater to satisfy the public participation requirements of the LGCPA. a. The Governing Body of the City of Clearwater shall establish procedures for providing effective public participation in the comprehensive planning process for its area of jurisdiction as required by Section 8 of the LGCP,A. b. The DLPE of the City of Clearwater may conduct public hearings as it deems necessary. 5. The City of Clearwater recognizes the responsibility of the PCPC, as LPA, to conduct public hearings as necessary to meet the public hearing requirements of the LGCPA. III. STATEMENT OF PLAN ELEMENTS TO BE PREPARED BYPINELLAS COUNTY PLANNING COUNCIL. The PCPC will prepare the following plan elements: 1. Intergovernmental Coordination as defined by the general plan. IV. STATEMENT OF PLAN ELEMENTS TO BE PREPARED BY DESIGNATED LOCAL PLANNING ENTITY. The DLPE of the City of Clearwater will prepare the following plan elements: 1. All other elements required or optional by law. In addition to the plan elements listed in this Section, the DLPE of the City of Clearwater may, at the City's discretion, prepare any of the optional plan elements specified in Section 7 (7) of the LGCPA. The governing body of the City of Clearwater shall assume responsibility for financing the preparation of plans for its area of jurisdiction specified in this Section (IV) and shall pay all costs. -2- .. "', I I V. STATEMENT OF REVIEW PROCESS. 1. On or before the first day of each month beginning January 1, 1977 the PCPC will accept for review plan elements transmitted with the formal endorsement of the DLPE of the City of Clearwater. 2. The PCPC, as the LPA, will conduct a public hearing on the plan elements and will complete its review not later than the end of a two month period for which the plan is submitted for review. 3. The PCPC's recommendation to the Governing Body of the City of Clearwater shall precede initiation of the plan adoption procedure specified in Section 9 of the LGCPA, provided, however, if initiation has occurred prior to the effective date of the Agreement, the recommendation shall follow initiation. VI. STATEMENT OF REVIEW CRITERIA. The PCPC will review all elements prepared by the DLPE of the City of Clearwater to determine that they are compatible with: 1. Any Countywide goals and objectives that are adopted by the PCPC. 2. The plans of neighboring jurisdiction. All other criteria which must be considered by law, provided that this section shall not broaden the power of the LPA beyond those duties specified in the LGCPA or as otherwise provided by law. VII. TERMINATION OF AGREEMENT. This Agreement shall terminate upon the occurrence of any of the following circumstances: 1. Upon written agreement by both parties. 2. When the requirements of law are inconsistent with or substantially change the responsibilities, obligations, or duties as p.elegated and designated by the parties under the provisions of this Agreement. 3. As provided in Ordinance No. 1653, attached, unless inconsistent with the requirements of law. -3- .. ~ I , d .. I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the A. D. 1977. Q~Cb~ Secretary 21st day of February PINELLAS COUNTY PLANNING ~CIL By ~ ----h 51) ~ Ch rman Countersigned: ~~c?~BY Mayor-CommissiontJ! // / Attest: FLORIDA -4- ~ - - .$ I I ORDINANCE NO. 1653 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 1583 TO DESIGNATE THE PLANNING DEPARTMENT OF THE CITY OF CLEARWATER AND THE PINELLAS PLANNING COUNCIL JOINTLY AS THE LOCAL PLANNING AGENCY FOR THE PREPARATION OF THE COMPREHENSIVE PLAN FOR SAID CITY AS REQUIRED BY THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975; DESIGNATING THE PLANNING STAFF FOR THE CITY OF CLEARWATER, WHICH CITY SHALL BEAR SUCH EXPENSES; DESIGNATING THE PLANNING STAFF FOR PINELLAS PLANNING COUNCIL, WHICH ACTS SHALL BE GOVERNED AND EXPENSES BORNE AS ESTABLISHED BY LAW; PROVIDING FOR PUBLIC HEARINGS BY THE PINELLAS PLANNING COUNCIL, IF IT SO CHOOSES, PRIOR TO MAKING RECOMMENDA TIONS TO THE CITY; PROVIDING FOR THE EXPIRA TION OF TillS ORDINANCE AND TERMINATION OF THIS JOINT DESIGNATION IF IT IS JUDICIALLY DETERMINED THAT THE PINELLAS PLANNING COUNCIL IS UNLAWFULLY CREATED OR THAT IT NEED NOT BE DESIGNATED AS THE LOCAL PLANNING COUNCIL; AND PROVIDING FOR THE EFFECTIVE DA TE OF Tm5 ORDINANCE. WHEREAS, there is a legal dispute as to whether the Pinellas Planning Council is required to be designated as the Local Planning Agency; and WHEREAS, the State Attorney General and State of Florida Division of State Planning have recognized the Pinellas Planning Council as the appropriate Local Planning Agency for all cities in Pinellas County; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section I. Section I of Ordinance No. 1583, which was passed by the City Commission of the City of Clearwater on September 4, 1975, is amended to read: "Section 1. That the Planning Department of the City of Clearwater, under the authority of the City Manager, together with the Pinellas Planning Council is hereby designated and established jointly as the Local Planning Agency for purposes of and as required by the "Local Government Comprehensive Planning Act of 1975", as amended." Section 2. Section 2 of Ordinance No. 1583 is amended to read: "Section 2. That for the purpose of this ordinance the Planning Department of the City of Clearwater and the Pinellas County Planning Council shall be known as and designated jointly as the Local Planning Agency. " -l- . . I .. I Section 3. That Ordinance No. 1583 is amended to add the following sections to read: "Section 3. The Staff of the Planning Department under the direction of the City Manager shall be the planning staff for the City of Clearwater. The County planning staff shall staff the Pinellas Planning Council. Section 4. All expenses of the Planning Department of the City of Clearwater shall be borne by the City. All expenses of the Pinellas Planning Council shall be borne as established by law. Section 5. In all respects the Pinellas Planning Council shall be governed by the laws creating it and relating to it insofar as the provisions of Section 163.3174, Florida Statutes, 1975, as amended, are concerned. Section 6. The Pinellas Planning Council shall hold public hearings and meetings, if it so chooses, prior to making its recommendation for adoption of the Plan to the City. Section 7. This ordinance shall expire and cease to be of any effect and the designation of the Pinellas Planning Council as a Local Planning Agency shall terminate if it is finally judicially determined that the Pinellas Planning Council is unlawfully created or that the Pinellas Planning Council need not be designated as the Local Planning Council or if by subsequent legislation or rule of the appropriate State Planning Agency, it should be provided that the Pinellas Planning Council need not be designated as the Local Planning Agency. " Section 4. That Sections 3, 4, 5, 6 and 7 of Ordinance No. 1583 are amended to read as follows: IlSection 8. Certified copies. of this ordinance shall be transmitted forthwith to the State Land Planning Agency and the Pinellas Planning Council in accordance with the require- ments of said Local Government Comprehensive Planning Act of 1975. Section 9. All ordinances or parts of ordinances in conflict here- with are, to the extent of such conflict, hereby repealed. Section IO. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section I!. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Chapter 166.041, Florida Statutes. Section 12. This ordinance shall become effective immediately upon its passage. " -2- . . e, , ~ I I Section 5. This ordinance shall become effective immediately upon its passage. PASSED ON FIRST READING PASSED ON SECOND AND FINA L READING AND ADOPTED Attest: Isl R. G. Whitehead City Clerk -3- February 17, 1977 March 3, 1977 I s I Gabriel Cazares Mayor -Commis sioner