SEWER SERVICE AREA AGREEMENT
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT by and between the City of Largo, Florida, a Florida
municipal corporation, (hereinafter referred to as "LARGO") and the City of Clearwater, Florida,
a Florida municipal corporation, (hereinafter referred to as "CLEARWATER") is entered into this
/ 3 day of .Afr; 1 ,2000.
WHEREAS, CLEARWATER initiated conflict resolution procedures with LARGO pursuant
to the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, with the
adoption of Resolution No. 00-09 on January 20, 2000;
WHEREAS, CLEARWATER has filed an action against LARGO in Circuit Court for
Pinellas County entitled City of Clearwater v. City of Largo, Case No. 00-000793-CI-88B;
WHEREAS, the parties wish to enter into an interlocal agreement pursuant to Section
164.1057 and Chapter 163, Florida Statutes to resolve the pending lawsuit, the issue of whether
LARGO lawfully adopted Ordinance 2000-17, whether said Ordinance complies with the
requirements contained in Chapter 171, Fla. Statutes, and whether Largo lawfully annexed certain
property located at 2140 Belleair Road, Clearwater, Florida 33764 (hereinafter referred to as the
"Annexed Property");
WHEREAS, LARGO and CLEAR WATER entered into an agreement entitled Sewer Service
Area Agreement dated September 19, 1983 hereinafter referred to as "Sewer Agreement";
WHEREAS, an Amendment to the Sewer Agreement was executed on November 24, 1992;
WHEREAS, the parties wish to reconfirm and reestablish each party's sewer service area and
to establish Belleair Road as the annexation boundary between Clearwater and Largo; and
WHEREAS , by agreeing to the foregoing, the parties wish to set forth a desirable approach
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for inter-governmental cooperation, planning and the provision of governmental services for
anticipated growth of the certain areas described herein.
NOW, THEREFORE, the parties, in consideration of the mutual premises contained herein,
agree as follows:
1. The above recitals are true and correct and incorporated herein as if set forth in full.
2. This Interlocal Agreement is entered into in accordance with Ch. 163, Florida
Statutes and Ch. 164, Florida Statutes.
3. The parties agree that west of U.S. Highway 19, the southern edge of the Belleair
Road roadway shall be the boundary line and border between the real properties eligible to be
annexed by CLEARWATER and LARGO. East of U.S. Highway 19, the boundary line shall be as
depicted on Exhibit A. The real property located on LARGO's side (south side) of the boundary line
shall be referred to as the LARGO Annexation Area. The real property located on
CLEARWATER's side (north side) of the boundary line shall be referred to as the CLEARWATER
Annexation Area. This lnterlocal Agreement is not intended to serve as a limitation on the ability
of either CLEARWATER or LARGO to annex properties located in other areas. It is specifically
understood by the parties that this Agreement only establishes the annexation boundary lines
between LARGO and CLEAR WATER and does not establish any other annexation boundary lines.
4. CLEARWATER shall not seek to annex voluntarily pursuant to Ch. 171, Florida
Statutes or other established annexation procedures or seek to obtain annexation agreements or
indentures providing for the annexation by CLEAR WATER of any property located in the LARGO
Annexation Area. LARGO shall not annex voluntarily pursuant to Ch. 171 or other established
annexation procedures or enter into an annexation agreement or indenture for the annexation of
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property located in the CLEAR WATER Annexation Area. Any annexation that does not comply
with this Interlocal agreement shall be null and void and the property shall continue to be considered
unincorporated for both tax and regulatory purposes.
5. So as to ensure that this Agreement is fully enforceable, the parties agree to utilize
their best efforts to have enacted a Pinellas County charter amendment or a special act of the
legislature which will implement the provisions of Paragraphs 3 and 4 above. If the charter
amendment or a special act of the legislature is enacted, the provisions of Paragraphs 3 and 4 are
superceded, but all other provisions of this Agreement shall remain in full force and effect.
6. The parties also shall adopt ordinances, in the forms attached as Exhibits Band C,
contemporaneously with the approval of this Agreement, adopting the provisions of paragraphs 3,
4 and 5.
7. CLEARWATER covenants not to sue LARGO claiming that any annexations of
properties located north of the boundary line by LARGO prior to the date of this Agreement are
illegal or invalid. CLEAR WATER specifically agrees that it will dismiss with prejudice that certain
action filed in the Circuit Court for Pinellas County, Florida entitled City of Clearwater v. Citv of
Largo, Case No. 00-000793-CI-88B upon the adoption of the ordinance by the Largo City
Commission referred to in paragraph 6 above, covenants not to contest in any way LARGO's
annexation of the Annexed Property or claim that said annexation was illegal, improper or invalid.
LARGO covenants not to sue CLEARWATER claiming that CLEAR WATER's annexation of any
properties located south of the boundary line prior to the date of this Agreement are invalid or illegal.
The properties annexed by CLEARWATER or LARGO south or north of the boundary line,
respectively, as of the date of this Agreement are listed in Exhibit D.
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8. The parties shall bear their own attorney fees and costs incurred as a result of the
filing of the lawsuit described in paragraph 7 and as a result of the initiation of the conflict resolution
procedures under Chapter 164, Florida Statutes.
9. The term "sewer service" shall mean the collection or treatment of sewage.
10. LARGO agrees not to provide sewer service to any property located north of the
boundary line provided, however, LARGO may provide sewer service to any properties located
north of the boundary line that are receiving sewer service from LARGO as of the date of this
Agreement and any properties located north of the boundary line annexed by LARGO prior to the
date of this Agreement. (See Exhibit D.) Clearwater agrees not to provide sewer service to any
properties located south of the boundary line. Provided, however, Clearwater may provide sewer
service to any properties located south of the boundary line that are receiving sewer service from
Clearwater as of the date of this Agreement and any properties located south of the boundary line
annexed by Clearwater prior to the date ofthis Agreement. (See Exhibit D.)
11. It is the intent of the parties that they shall have the exclusive right to provide sewer
service in their respective Annexation Areas, and that they will not compete with one another as to
the provision of sewer service outside their respective Annexation Area. However, if mutually
agreed upon, in writing, by the parties, either party may provide sewer service to properties located
in the other party's Annexation Area.
12. This lnterlocal Agreement shall be effective immediately upon the filing of a fully
executed copy of this lnterlocal Agreement with the Clerk of the Circuit Court for Pinellas County,
Florida.
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13. The parties specifically agree and recognize that the terms of this Agreement are
severable. If one or more provisions of this Agreement are held to be invalid, illegal or
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions
hereof shall not in any way be effected or impaired thereby.
14. The parties fully recognize that this Agreement is entered into to resolve a dispute in
accordance with Ch. 164, Florida Statutes. The parties recognize that there is no adequate remedy
at law for any breach of this Agreement by any party to this Interlocal Agreement. The parties,
therefore, agree that specific performance or injunctive relief, either prohibitory or mandatory (both
temporary or permanent) are the appropriate remedies in the event of breach, whether actual or
anticipatory, of this Interlocal Agreement.
15. This Interlocal Agreement shall be binding upon, and inure to the benefit of the
parties only. To the extent permitted by law, this Interlocal Agreement shall remain in full force and
effect, fully enforceable in accordance with its terms, until terminated in writing by all of the parties
hereto.
16. This Interlocal Agreement embodies all agreements and representations of the parties
with regard to the issues resolved in this Agreement. There are no promises, terms, conditions or
allegations other than those contained herein; and this Interlocal Agreement supersedes all previous
communications, representations and agreements, whether written or verbal, between the parties,
with regard to the issue resolved in this Agreement. This Agreement may be modified only in
writing and executed by all parties.
17. The Sewer Agreement and the Amendment thereto dated November 24, 1992 are
superseded by this Agreement and are hereby terminated.
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IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be
executed the day ,<Ul,d first above written,
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Reviewed and A prav
CITY OF LARGO, FLORIDA
BY:atf~
Mayor {/
By:
Countersigned:
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CITY OF CLEARWATER, FLORIDA
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Michael 1. Roberto
City Manager
. Aungst
ayor-Commissioner
Approved as to form:
Mfl-
Pamela K. Akin
City Attorney
Attest:
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LARGO, FLORIDA,
RELATING TO ANNEXATION; PROVIDING THAT THE
CITY OF LARGO SHALL NOT ANNEX PROPERTY
NORTH OF BELLEAIR ROAD THROUGH THE CLOSE
OF THE 2001 FLORIDA LEGISLATIVE SESSION;
PROVIDING FOR FURTHER ASSESSMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Largo and the City of Clearwater have participated in a
conflict resolution procedure pursuant to Florida Statutes, Chapter 164 concerning a
dispute over the Belleair Road annexation boundary and through a conflict assessment
meeting and a joint public meeting of the two governing bodies an agreement was
reached; and
WHEREAS, under said agreement: each municipality shall observe Belleair
Road as an appropriate boundary north of which the City of Largo shall not annex
property and south of which the City of Clearwater shall not annex property; the
municipalities shall enter into an Interlocal Agreement setting forth these terms; the
municipalities shall seek legislative delegation support for, and approval by the Florida
Legislature of, a Special Act mandating said boundary, or in the alternative by an
amendment to the Pinellas County Charter; and the municipalities shall each adopt an
ordinance stating that in the interim they shall observe the Belleair Road boundary in
processing and approving annexations; now, therefore,
THE CITY OF LARGO HEREBY ORDAINS:
1, The City of Largo shall not annex any real property located north of Belleair
Road from the effective date of this Ordinance through the close of the regular session
of the Florida Legislature to be held in 2001, If at that time a Special Act of the
legislature setting forth Belleair Road as the annexation boundary between the cities of
Largo and Clearwater has not been adopted, or an amendment to the Pinellas County
Charter accomplishing that purpose has not been adopted and any necessary
referendum approval therefor obtained, the governing bodies of the City of Largo and
the City of Clearwater, or their designated staff, shall meet in order to assess any
further action necessary to establish Belleair Road as the annexation boundary.
2, This ordinance shall take effect ten (10) days after final enactment.
APPROVED ON FIRST READING
PASSED AND ADOPTED ON
SECOND AND FINAL READING
ATTEST:
Mayor
City Clerk
REVIEWED AND APPROVED:
City Attorney
EXHIBIT
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ORDINANCE NO. 6535-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO ANNEXATION; PROVIDING THAT THE CITY OF
CLEARWATER SHALL NOT ANNEX PROPERTY SOUTH OF
BELLEAIR ROAD THROUGH THE CLOSE OF THE 2001
FLORIDA LEGISLATIVE SESSION; PROVIDING FOR FURTHER
ASSESSMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater and the City of Largo have participated in a conflict
resolution procedure pursuant to Florida Statutes, Chapter 164 concerning a dispute over the
Belleair Road annexation boundary and through a conflict assessment meeting and a joint public
meeting of the two governing bodies an agreement was reached; and
WHEREAS, under said agreement: each municipality shall observe Belleair Road as an
appropriate boundary south of which the City of Clearwater shall not annex property and north of
which the City of Largo shall not annex property; the municipalities shall enter into an Interlocal
Agreement setting forth these terms; the municipalities shall seek legislative delegation support
for, and approval by the Florida Legislature of, a Special Act mandating said boundary, or in the
alternative by an amendment to the Pinellas County Charter; and the municipalities shall each
adopt an ordinance stating that in the interim they shall observe the Belleair Road boundary in
processing and approving annexations; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City of Clearwater shall not annex any real property located south of
Belleair Road from the effective date of this Ordinance through the close of the regular session of
the Florida Legislature to be held in 2001. If at that time a Special Act of the legislature setting
forth Belleair Road as the annexation boundary between the cities of Clearwater and Largo has
not been adopted, or an amendment to the Pinellas County Charter accomplishing that purpose
has not been adopted and any necessary referendum approval therefor obtained, the governing
bodies of the City of Clearwater and the City of Largo, or their designated staff, shall meet in order
to assess any further action necessary to establish Belleair Road as the annexation boundary.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
EXHIBIT C
Ordinance No, 6535-00
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Properties annexed and served by Clearwater south of Belleair Road are as follows:
Street
Address
S. Missouri Avenue:
1610 (Barnett Bank)
South ridge Drive:
1400, 1401, 1406, 1407, 1412, 1413, 1418, 1419, 1424, 1425,
1430, 1431, 1436, 1437, 1442, 1443, 1448, 1449, 1454, 1455,
1460,1461,1466, 1467, 1472, 1473, 1478, 1479, 1484, 1485,
1490, 1491, 1496 and 1497
Properties annexed and not served by Clearwater south of Belleair Road are as follows:
Street
Address
Belleair Road:
1103,1149,1153,1155 and 1495
1604
S. Missouri Avenue:
Properties annexed by Largo north of Belleair Road are as follows:
Street
Address
Belleair Road:
1556,1562,1570,1578,1582,2140
1584, 1572, 1568, 1562, 1558, 1552, 1548, 1542, 1538, 1530,
1526, 1518, 1510, 1502
1596
Lake Avenue:
Nursery Road:
Sea breeze Street:
16
Simmons Drive:
1585, 1581, 1577, 1575, 1580, 1578, 1570, 1566, 1560, 1556,
1550, 1546, 1540, 1534, 1528, 1520, 1516, 1510, 1506, 1500,
1505,1511,1519,1523,1527,1531,1537,1541,1549,1555,
1561,1563,1571,1583
EXHIBIT 0