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Agenda Item 3A - Follow-up ReportCity Manager's Follow up report: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM# 3A JUNE 9, 2014 1.) The Florida Statutes outline specific procedures for the annexation of territory. As part of the procedural process, the Atlantic Beach Commission passed Resolution No. 13-14 on October 14, 2013. This specifically invited the City of Jacksonville to negotiate an "Interlocal Service Boundary Agreement" for the former Selva Marina Country Club. This resolution stated that the negotiations shall address at minimum, "issues concerning service delivery, fiscal responsibilities, and boundary adjustment" for said property as they relate to funding and delivery of the following services: a. Public safety b. Fire, emergency rescue, and medical c. Water and wastewater d. Road ownership, construction, and maintenance e. Conservation, parks, and recreation f. Stormwater management and drainage The negotiations are also supposed to address Land Development Planning and Regulation; the effect on Ad Valorem taxes; Voluntary Annexation; and Future Land Uses in annexed areas. The City of Jacksonville responded to Resolution No. 13-14 with Resolution 2013-753-A, which was adopted by Jacksonville City Council on January 14, 2014. This resolution serves as a statutory acceptance of Atlantic Beach's invitation to negotiate. Attached is a draft proposed lnterlocal Service Boundary Agreement that has been forwarded to Jacksonville for comment. We are hoping to hear their input soon. INTERLOCAL SERVICE BOUNDARY AGREEMENT AGENDA ITEM# 3A JUNE 9, 2014 THIS INTERLOCAL SERVICE BOUNDARY AGREEMENT ("Agreement") is made on this ___ day of _____ , 2014 between the CITY OF ATLANTIC BEACH, a municipal corporation of the State of Florida located in Duval County, Florida (the "City"), and the CITY OF JACKSONVILLE, a political subdivision of the State of Florida, in its capacity and jurisdiction as a chartered county government pursuant to Section 1.1 01 (b) of the Charter of the City of Jacksonville (the "County"). The City and the County are collectively referred to herein as the "Parties." WHEREAS, the legislative intent of the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes is, inter alia, to provide an alternative process for local governments regarding the annexation of territory; to establish a more flexible process for adjusting municipal boundaries; to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; to promote sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability; and to prevent inefficient service delivery and an insufficient tax base to support the delivery of those services; and WHEREAS, Section 171.204, Florida Statutes authorizes the annexation of lands that may not qualify for annexation under the provisions of Chapter 171, Part I, Florida Statutes, such that a municipality may annex lands of any character; and WHEREAS, the Parties have identified certain land that is within the jurisdiction of the County, but that is logical for annexation into the City, and desire to enter into this Agreement to AGENDA ITEM# 3A JUNE 9, 2014 facilitate said annexation, and to address the provision of services and infrastructure to said land; and WHEREAS, the Parties have complied with the procedural requirements contained in Chapter 171, Part II, Florida Statutes and have negotiated this Agreement; and WHEREAS, the governing boards of the Parties deem it to be in the best interests of their citizens to enter into this Agreement; NOW THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated as if fully set forth herein. SECTION 2. AUTHORITY. This Agreement is entered into pursuant to Chapter 171, Part II, Florida Statutes. SECTION 3. MUNICIPAL SERVICE AREA. The area that is the subject of this Agreement (the "Property") is depicted and described in Exhibit A. SECTION 4. AGREEMENTS. The Parties have ensured the efficient provision of infrastructure and service delivery to other properties by means of: an Inter-Local Agreement dated May 11th, 1982; and an Agreement between the City of Jacksonville and Atlantic Beach dated September 28t11 , 1995. The Parties agree further to provide infrastructure and service City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page2 AGENDA ITEM# 3A JUNE 9, 2014 delivery within and to the Property in accordance with the terms and conditions of the above described 1982 and 1995 Agreements, and any subsequent amendments to the same. SECTION 5. VOLUNTARY ANNEXATION. The owners of the Property may petition the City for voluntary annexation even if such lands do not qualify for voluntary annexation under the provisions of Chapter 171, Part I, Florida Statutes. The City shall have the authority to annex lands for which a petition for voluntary annexation from one or more persons who own in excess of fifty percent (50%) of the Property has been received. Upon determination by the City that the petition bears the requisite percentage of signatures, the City may, at any regular meeting, adopt a non-emergency ordinance to annex the Property and redefine the boundary lines of the City to include the Property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for two (2) consecutive weeks in a newspaper of general circulation. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the City. An ordinance adopted under this section shall be filed with the Clerk of the Circuit Court and the chief administrative officer of the County and with the Department of State within seven (7) days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. The County hereby consents to such annexation. SECTION 6. LAND DEVELOPMENT PLANNING AND REGULATION. The Parties agree that until such time as the City approves a voluntary annexation pursuant to this Agreement, the Property shall remain subject to the applicable local government's zoning City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page 3 AGENDA ITEM # 3A JUNE9, 2014 designations, Future Land Use Map designations, and land development regulations. Upon the effective date of any ordinance approving a voluntary annexation pursuant to this Agreement, the annexed lands shall be subject to all laws, ordinances, and regulations in force within the City at the time of annexation, except that until the City adopts an amendment to its Comprehensive Plan incorporating the annexed area, the County's Comprehensive Plan, zoning, and land development regulations remain in full force and effect within the annexed area. Upon the effective date of any ordinance approving a voluntary annexation pursuant to this Agreement, the effective date of any ordinance amending the City's Comprehensive Plan, or the effective date of any ordinance rezoning the lands within the annexed area, whichever occurs last, the annexed area shall be subject to the City's Land Development Regulations, and shall be subject to the City's building, zoning, and planning jurisdiction. SECTION 7. INCORPORATION INTO COMPREHENSIVE PLANS. No later than six (6) months following the approval of this Agreement, the Parties shall incorporate into the Intergovernmental Coordination Element (and as necessary other Elements) of their respective Comprehensive Plans the provisions of this Agreement as is necessary to effectuate the intent of this Agreement and the obligations assumed by each hereunder. SECTION 8. TERM OF AGREEMENT; EFFECTIVE DATE. The term of this Agreement shall coincide with the above described prior agreements in Section 4. This Agreement shall become effective upon the enactment by the Parties of ordinances adopting this Agreement. The Effective Date shall be the date of final adoption by the last Party. City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page4 AGENDA ITEM# 3A JUNE 9, 2014 SECTION 9. PERIODIC REVIEW. This Agreement shall be periodically reviewed by the Parties. SECTION 10. MODIFICATION. This Agreement may be modified in writing by mutual consent of the Parties. SECTION 11. DISPUTE RESOLUTION. In the event of any dispute related to this Agreement, the Parties agree to resolve the dispute consistent with the conflict resolution procedures established in Chapter 164, Florida Statutes. If there is a failure to resolve the conflict, no later than thirty (30) days following the conclusion of the procedures established in Chapter 164, Florida Statutes, a Party may file an action in Circuit Court to resolve the dispute. SECTION 12. NOTICE. All notices, consents, approvals, wmvers, and elections under this Agreement must be in writing and shall be given only by hand delivery for which a receipt is obtained, or certified mail, prepaid with confirmation of delivery requested. Notices shall be delivered or mailed to the addresses and parties set forth below or as may otherwise designate in writing. City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 City of Jacksonville St. James Building 117 West Duval Street, Suite 400 Jacksonville, Florida 32202 City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page 5 SECTION 13. AGENDA ITEM# 3A JUNE 9, 2014 SOLE BENEFIT. This Agreement is solely for the benefit of the Parties, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party. Nothing in this Agreement, either expressed or implied, is intended or shall be construed to confer upon or give any person, corporation, or governmental entity other than the Parties any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, and all the provisions, representations, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the Parties, and their respective representatives, successors and assigns. SECTION 14. AUTHORITY. The Parties each represent and warrant to the other its respective authority to enter into this Agreement, and acknowledge the validity and enforceability of this Agreement. The Parties hereby represent, warrant and covenant that this Agreement constitutes a legal, valid and binding contract enforceable by the Parties in accordance with its terms and conditions, and that the enforceability is not subject to any impairment by the applicability of any public policy or police powers. SECTION 15. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the Parties with respect to the subject matters addressed herein, and all prior agreements, understandings, representations and statements, oral or written, are superseded by this Agreement. City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page6 SECTION 16. AGENDA ITEM# 3A JUNE 9, 2014 GOVERNING LAW, VENUE AND JURISDICTION. The laws of the State of Florida shall govern this Agreement. Venue shall be in Duval County, Florida. Jurisdiction shall be in the Fourth Judicial Circuit Court. SECTION 17. SEVERABILITY. If any portion of this Agreement is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this Agreement, the portion deemed invalid or unenforceable shall be severed here from and the remainder of this Agreement shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable. City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page 7 AGENDA ITEM# 3A JUNE 9, 2014 IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on behalf of the respective Party set forth below, pursuant to the authority granted to each of the undersigned in the ordinance by which each party approved and adopted this Agreement. CITY OF JACKSONVILLE Witness Alvin Brown, Mayor Witness Attest: Chief Administrative Officer CITY OF ATLANTIC BEACH Witness Carolyn Woods, Mayor Witness Attest: City Clerk City of Jacksonville and City of Atlantic Beach Inter-Local Services Boundary Agreement Page 8