Item 8B - Interlocal Service Boundary AgreementPrepared by and return to:
Jody L. Brooks, Assistant General Counsel
Office of General Counsel
City of Jacksonville
117 West Duval Street, Suite 480
Jacksonville, FL 32202
and
Richard C. Komando, Esq.
Kopelousos, Bradley & Garrison,
1279 Kingsley Ave Suite 118
Orange Park, FL 32073-4604
INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE CITY OF ATLANTIC BEACH
AND
THE CITY OF JACKSONVILLE
AGENDA ITEM# 8B
MARCH 9, 2015
THIS INTERLOCAL SERVICE BOUNDARY AGREEMENT ("Agreement") is
made on this ___ day of _________ , 2015 between the CITY OF ATLANTIC
BEACH, a municipal corporation of the State of Florida located in Duval County, Florida
("ATLANTIC BEACH"), 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 1.101(b) of the Charter of the City of Jacksonville ("JACKSONVILLE"). ATLANTIC
BEACH and JACKSONVILLE 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
AGENDA ITEM # 8B
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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
JACKSONVILLE, but that is logical for annexation into ATLANTIC BEACH, and desire to
enter into this Agreement to 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.
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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 11 t\ 1982; and an Agreement between the City of Jacksonville and Atlantic Beach
dated September 28th, 1995. The Parties have also entered into an Interlocal Agreement dated
July 31, 2013 that is specific to the Property. The Parties agree further to provide infrastructure
and service delivery within and to the Property in accordance with the terms and conditions of
the above described 1982, 1995, and 2013 Agreements, and any subsequent amendments to the
same.
SECTION 5. VOLUNTARY ANNEXATION. The owners of the Property may
petition ATLANTIC BEACH for voluntary annexation even if such lands do not qualify for
voluntary annexation under the provisions of Chapter 171, Part I, Florida Statutes. ATLANTIC
BEACH 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 ATLANTIC BEACH that the petition bears the requisite
percentage of signatures, ATLANTIC BEACH may, at any regular meeting, adopt a non-
emergency ordinance to annex the Property and redefine the boundary lines of ATLANTIC
BEACH 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
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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 ATLANTIC BEACH. An ordinance adopted under this section shall be filed
with the Clerk of the Circuit Court and the chief administrative officer of JACKSONVILLE 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. JACKSONVILLE hereby consents to such
annexation.
SECTION 6. LAND DEVELOPMENT PLANNING AND REGULATION. The
Parties agree that until such time as ATLANTIC BEACH approves a voluntary annexation
pursuant to this Agreement, the Property shall remain subject to the applicable local
government's zoning 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 ATLANTIC BEACH at the time of annexation, except that until ATLANTIC
BEACH adopts an amendment to its Comprehensive Plan incorporating the annexed area,
JACKSONVILLE'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 ATLANTIC BEACH'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
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subject to ATLANTIC BEACH'S Land Development Regulations, and shall be subject to
ATLANTIC BEACH'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, but shall not
exceed twenty (20) years. 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.
SECTION 9. RENEWAL OF AGREEMENT. The Parties shall initiate negotiations
for the renewal or extension of this Agreement beyond the twenty (20) year term no later than
eighteen (18) months prior to the termination of the initial term.
SECTION 10. PERIODIC REVIEW; This Agreement shall be periodically reviewed
by the Parties.
SECTION 11. MODIFICATION. This Agreement may be modified in writing by
mutual consent of the Parties.
SECTION 12. DISPUTE RESOLUTION. In the event of any dispute related to
this Agreement, the Parties agree to resolve the dispute consistent with the conflict
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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 13. NOTICE. All notices, consents, approvals, waivers, 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
SECTION 14. 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
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AGENDA ITEM # 8B
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and shall be binding upon the Parties, and their respective representatives, successors and
assigns.
SECTION 15. 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 16. 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.
SECTION 17. 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 18. 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.
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AGENDA ITEM # 8B
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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.
Witness
Witness
Form Approved:
Office of General Counsel
Witness
Witness
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CITY OF JACKSONVILLE
Alvin Brown, Mayor
Attest: Corporate Secretary
James R. McCain, Jr.
CITY OF ATLANTIC BEACH
Carolyn Woods, Mayor
Attest: City Clerk
EXHIBIT A
MAP SHOWING SKETCH AND LEGAL D£SCRfPTION
(SEC SHEET t OF 2 FOR LEGAL DESCRIPTION)
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AGENDA ITEM # SB
MARCH 9, 2015
MAP SHOWING SKETCH AND LEGAL DESCRIPTION
(SE£ SHEET 2 OF 2 FOR SKmH)
t£CAL DESCRIPTION:
!NAT C<RTA!N 71?ACT OR PA~ff:£1. OF LAND BflNG A POR710N OF GOVERNI.IQIT LOTS 7, & 9, I~ 15 AND TO,
OF SfCTIOU 8, TOt!HSIIJP 2 SOUrH, RANGE 29 EAST, liND ALL JHf." tOTS. BLOCK I, fJONNm's Rrn.A r AS
RCCOROED flf PLAT 8001< 19, PAGES 16 AND 16A OF Tilt PU6UO ReCORDS or DUVAL COUNTY. FlORfOA.
BDNG MORE PMJ!CIIlARlY fJCSCRISUJ AS F'OI.LOWS:
COMAIE:NCINO AT rH! NORTIIEAST COI/Nm OF THE F'ERRF:R GRANT; SEC11011 J8, TOIIf'ISH!P 2 SOU1H, RANG£
20 EASI} TH!NCf: 110/ITH 06'45'00" H£Sr. 207:1.9~ F'ffT 10 THE L/JE 01\>10/110 SA/0 SErmON 6 AND SECOON
17 f"'R A PiliNT OF BEGI/INJNC; rH!NC£ SOUTH 89'28'50" 1\ESf. ALCWO SAJO 5£CTION UN£. 764.29 Fro' II)
THC Sot/11/ti'EST CORNER OF TH£ CAST (1/2) CF GOVERNMENT LOT 15 OF' SAID SECTION 8; meNC£ NORTH
OO'.JI'IO" »EST, ALONO THE I!GrrRLY iJCIJ.VDARY JJNE: fJF SAID E'AST (1/2) Of G'OIIffiNIIDJT LOT I!!. 1.124.81
re&T TO THt SOU'f'HERL Y BIJUNDARY OF GOVfRNIJENT LOT /0 OF SAlD SEtitlOH 8: THENCE A lONG THf'
SOUTHfNLY BOUNDARY OF SAJO LOT 10, SOOTH 8BW'IO~ llf"SJ; .J!S5.77 FFIT fD THE: SOI.IIHE:AST CORNE:R
OF FMWAY 1-Yl.A AS NoCOROED IN PLAT BOOK J9, PAG£ 2.2 OF 51410 PUBUC NECOMJS; THENCE NORTH 01'
2.:1'15" ~~EST, ALCWf1 mE Wm!Ll' IJNE OF' SA/0 fAIRWAY W1..A. 187MIO ffE'"r. THENC! NORTH 88'38'4-S"
EAST, 4iO.CO ml) THENC£ NORTH !W45'15" EASJ; 404,2J FaT 10 JHE' MOST 11£SID1LY CORNER OF
Sfl!LLA GAIWENS UNIT~ AS rtu:oROm Ill PLAT lJOOK 4$, PAGG 1 OF" SAID PVBUC RCCQROS; TIIENC£
SOUTHU\STE'RLY AlONG THE' SOU~Tm~Y IJ~ OF SAID SCI-1UA GARf.I(NS IJMT 2 AND A SOUTHl'ASTFRf.Y
PROI.ONGA rtoN 1HfR£0F. ALONG THE AlfC OF' A WRI£" 7HAr IS CONC.HF ro THE NORTilEAST AI/II HAS A
rtADIUS OF f009.i2 FEET. A DISTANC£' OF' 10/18.60 Fm' AS UF:ASIJREU AL~ A CHORO Bfltll!IIC SOUTH 47'
08'J!l' E'AS7: THENCE NORm 59'3~'55" EAST. 90.85 PE:ET; THENCfr SOUTH J0'27'o5' EAST, 187.60 Ff£T:
THE:NCE ALONG A CURVE TIIAT IS CONCAVE' TO TilE NDRTHU\ST AND HAS A RADJUS OF 4069.72 FrET. A
DISTANCe OF 118.00 ffiT, AS Mf'ASUR!D AtONO A CJ/ORD BEARING SOUTH 5B'.J5'5!S," EASn 711ENCI; SOUTH
12"'22'o5' f'IISr; A DISfANCE OF 48.0CI F£0; IPJ/1£ OR LESS. TO Alllii7ERSEC110H 11fDI THE ltES1ERL Y
SHORWNE OF A ORAINACf DITCH .-.No/OR CANAl; THEIIC£ SOUTHERLY ALONG THE: IIE'S1ENI.Y SHORWN! OF
SA/0 ORAIIIIIG£' t:1fTCH ANO/OH CANAl. 2028.00 FEET MORt OR 1.ESS 10 A POINT. SAID POINT BEING ON A
EIERLY PRotONCATIH oF TH£ S(I(}Tif IJN£ OF LOT 1, 6L(}Ct( 9, SELVA MARINA UNIT .5, AS RECORDED IN
PLAT BOOK J~ PAGE:S 29 AND 2914 OF' SAJV PUBLIC RU:OROS: TI/0/Cf: NMTH 78W'IO" EASI'; .UOO F'E£1
TO 7Hf: $007HI!EST COIIIIER OF SA/0 LOT I; THENCE SOUTH 14"44'41" ll£ST ALONG THE' f'ASIDILY CITY
UJ,//TS UNE' OF mE CITY OF .IACKSM~UE, 52t,J7 F&T 10 AN INlFRSECnoN IIIIH SAID srenoN UN£
DI'<IOINO SCCTTON 8 ANO 11; m£HC£ SOUTH 89'28'50' !+EST. ALC:WC SAJO S!C110.V UNE. 1(128.~2 FE'Er ro
7Hf."POJNTfJFBEa!NN/NIJ.
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AGENDA ITEM# 8B
MARCH 9, 2015