Item 7A - Ordinance 12-15-4ORDINANCE NO. 12-15-4
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL SERVICE BOUNDARY AGREEMENT
WITH THE CITY OF JACKSONVILLE PROVIDING FOR
THE ANNEXATION OF CERTAIN LANDS FROM THE
CITY OF JACKSONVILLE TO THE CITY OF ATLANTIC
BEACH UPON WHICH THE DEVELOPMENT OF THE
ATLANTIC BEACH COUNTRY CLUB FORMERLY
KNOWN AS SELVA MARINA COUNTRY CLUB IS BEING
REDEVELOPED BY ATLANTIC BEACH PARTNERS,
LLC; PROVIDING AN EFFECTIVE DATE.
AGENDA ITEM# 7A
APRIL 13, 2015
WHEREAS, Chapter 171, Part II, Florida Statutes, the Interlocal Service Boundary
Agreement Act, provides an altemative for local governments regarding the annexation of
tenitory into a municipality; and
WHEREAS, Section 171.203, Florida Statutes, establishes a process for a county and
one or more municipalities or independent special districts within the county to enter into an
Interlocal Service Boundary Agreement; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, adopted
Resolution No. 13-14 in order to begin the process of adopting an Interlocal Service Boundary
Agreement; and
WHEREAS, the City of Jacksonville, Florida, adopted Resolution No. 2013-753 to
consider and negotiate an Interlocal Service Boundary Agreement; and
WHEREAS, the City of Atlantic Beach and the City of Jacksonville have reached an
agreement for the consideration of the respective cities; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds that the
adoption of this ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
AGENDA ITEM# 7A
APRIL 13, 2015
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Adoption and Incorporation of Recitals. The City Commission of the City
of Atlantic Beach, Florida adopts the recitals outlined above and incorporates them herein as a
pmi of this ordinance.
SECTION 2. Authorization. The Mayor is authorized to execute an Interlocal Service
Boundary Agreement with the City of Jacksonville providing for the annexation of certain lands
from the City of Jacksonville to the City of Atlantic Beach upon which the development of the
Atlantic Beach Country Club formerly known as Selva Marina Country Club is being
redeveloped by Atlantic Beach Partners, LLC, in substantially the form as contained in Exhibit
A, attached hereto and incorporated by reference.
SECTION 3. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASS ED by the City Commission on first reading this __ day of ______ _
2015.
PAS SED AND DULY ADOPTED with a quorum present and voting, by the City
Commissioner this __ day of _______ , 2015.
ATTEST:
DONNA L. BARTLE,
City Clerk
Approved as to f01m and correctness:
RICHARD KOMANDO,
City Attorney
CAROLYN WOODS,
Mayor, Presiding Officer
Prepared by and return to:
J ody 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
AGENDA ITEM# 7A
APRIL 13, 2015
INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE CITY OF ATLANTIC BEACH
AND
THE CITY OF JACKSONVILLE
EXHIBIT A
ORDINANCE 12-15-4
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# 7A
APRIL 13,2015
EXHIBIT A
ORDINANCE 12-15-4
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 1 71.204, 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.
2
AGENDA ITEM# 7A
APRIL 13,2015
EXHIBIT A
ORDINANCE 12-15-4
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 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
3
AGENDA ITEM# 7A
APRIL 13, 2015
EXHIBIT A
ORDINANCE 12-15-4
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
4
AGENDA ITEM# 7A
APRIL 13, 2015
EXHIBIT A
ORDINANCE 12-15-4
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 ofthe 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
5
AGENDA ITEM# 7A
APRIL 13, 2015
EXHIBIT A
ORDINANCE 12-15-4
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
6
AGENDA ITEM# 7A
APRIL 13, 2015
EXHIBIT A
ORDINANCE 12-15-4
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.
7
AGENDA ITEM# 7A
APRIL 13, 2015
EXHIBIT A
ORDINANCE 12-15-4
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
8
CITY OF JACKSONVILLE
Alvin Brown, Mayor
Attest: Corporate Secretary
James R. McCain, Jr.
CITY OF ATLANTIC BEACH
Carolyn Woods, Mayor
Attest: City Clerk
AGENDA ITEM# 7A
APRIL 13, 2015
EXHIBIT A
MAP SHOWING SKETCH AND LEGAL DESCRfP110N
(SEE SHEET 1 OF' 2 FOR LEGAL DESCRIPTION)
9
EXHIBIT A
ORDINANCE 12-15-4
AGENDA ITEM# 7A
APRIL 13, 2015
MAP SHOWING SKETCH AND LEGAL DESCRIPTION
(SEe SHEE:T 2 OF 2 FOR SI<ETCH)
/.£CAL DE'SCRIPnON:
THAT CtRTA!N 17?ACT OR PARCEl OF U.ND BEING A POR110/l ()F GOVERUI.ICNT LOTS 7, & e. 10, 15 AJIO 16,
OF SECTION 6, TOIIHSHIP 2 SOUTH, RANliE 29 E'AST, AND ALL lHE LOT 5, BLOCK I, fJONMR'S RI!I'I.AT AS
RrcotlfJED IN PLAT 8001( I~ PAGES 1fi ANIJ 1fiA OF THE PUBUO RECORDS OF DWAL COU/JrY, F1.0Rf0A.
BEJNG MORE PARnCIJlARLY /'JCSCRIBED AS FOllOWS:
COI.UJENCfNG AT nllt NDRTHFAST CORNm OF THE FFRRER GRANT. SECnON J8, TOifflSII!P 2 SOUTH, RANG£
20 £A5r, lHDICE: NORTH 06'45'00" 11£51: 207;1.94 FECT 1D THE: LINE OIWD/IiG SAID SErmON 8 1100 SIX 'liON
17 FOR A POINT OF BECINNJNC; TH£NC£ SOU TN 89'28'50" I!EST. ALONG SAJD SECTION I.IN£. 764.29 ru:T TO
1H£ satiTHWEST CORNtli U 'THE CAST (1/2) OF' GC~NIJENT LOT 15 OF SAID SECnGN 8,• ~ NORTH
00'31'10" IIESI; ALONO THE I!£SJTRLY BOUNDARY UNE OF SAID EAST (1/:J) OF GOVffiNJ.tlfJT LOT lit 1.!24.81
FffT IV THE: SOUTHC11L Y BIJUNOARY OF GOV£RNM£NT LOT /0 OF SAJO SE6riOH 11: rHENCE ALONG 71/f;
SOU11fffit.Y BOIJNIMRY OF SAJO LOT 10, SOUTH 89'0J'IOP I!ESI'; .JS5.77 FrU I'D 111£ SOU1H£AST CORNER
OF I'AmWAY \IlLLA AS RECORDED Ill PLAT BOOK J9. PAG£ 22 OF SAID PUBUO R£1XJHOS; THEJIC£ NORTH 01'
2.J'IS" 1\f'ST, ALr:»>ri THE f'AS1E11LY IJN£ OF SAID FAIRWAY 11LLA. 187S.OO FUr: THfNC( NORTH 88'J8'45"
EAST, 470.00 FffJl THEN« NORTH Sl'45't5• EASI; 40f.2J FaT JV THE UOST 1!£5IE'Rt.Y CORNER OF
SElfUA GAIIUfNS UNIT 2. /IS REOORIJED IN PlAT BOOK 45. PAGr 7 OF SAID PIJSUC RECQROS; THENCe
SOUTHEASTERLY ALONG TH~ S()IJm»UTmi.Y ~OF SA/0 SEIIIUA GNiUfNS UNIT 2 AND A SOU7HtAS1ERI.I'
PROI.ONGA.rtoN THfREOF. ALONG '(HE ARC OF A WR~ THAT IS CONCAI'/i' TO THE NCRTHEAST AND HAS II
I?AO/US OF 40<Jf1.72 mT. A. OISTANCf: OF 1088.60 rr1:r AS MEASVRED ALONG A CHORO BE:ARINO SOUTH 47'
O<J'.J!S• FASI; 1H!NCE NORTH 59'31J'5S" WT. 1/0.SS FrET; THEHCF: SOOTH J0'27'05" EAST, 187.60 FFET;
TIIENCE AI.VNG A CURVE THAT IS CONCA 'If IV 'T1/E NOR7HrAST AJIO HAS A RAIJIUS OF 4069.72 ffET. A
DISTANCE OF 118.00 FnT, AS M{ASURED ALONG A CHORD BFARINO SOUTH 58'J5'5!S" EAS-r, THfNCE SOUTH
12'22'o5" EAST. A DISTANCE OF 48.00 FU.T, J.IOR£ OR LESS, I'D All /li1EI1SECriON KfiH THE K£S1ERL Y
SHORELINE OF A ORAW,O.Gf DITCH liND/OR CI.NAI.: THENCE SOUtiiERLYAlO/IG 111£ IIE'SW1i.Y SHORW~ OF
SAID DRAINAGE: lHTCH ANO/OR CANAl. 2028.00 F£rr MORe oR lESS 10 A POIIT. SAID POINT BEING ON A
IIE'SimLY PROt.ONOA11/1 ot 711! SOilTH UNE OF LOT I, 8LQCI( 11, 5aVA MAh/NA UNITS, AS RECORDED IN
PLAT BOOK Jl.\ PAG£5 29 A/I'D 29A OF SAID PUBLIC RU:OROS; THO/elf: NORTH 78nl'to• EASI; .ttOO FEn'
IV M SOUTHI!EST CORi'IER OF SAID LOT I; 'fHENC( SOUTH t4'44'4t" II€ST ALONG THE EAS7ERLY CITY
IJAIITS UNE' OF mE CITY OF .IACit'S®Wl£, 52t.J7 FEU I'D AN IN'IFRSF:CnoN llfiH SAID smnON 1./NE
DIW>/NO Sf:CTION II AND 1'1; IHlHCE SOUTH 89'28'50" II!:'SI; AI.ONG SAJO SECTION UNE. ID20.42 FEET TO
THE POlNT OF SCCJNNING.
10
EXHIBIT A
ORDINANCE 12-15-4