R-2017-11 CITY OF CLERMONT
RESOLUTION NO. 2017-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, RESPONDING TO THE
REQUEST TO AMEND THE INTERLOCAL SERVICE BOUNDARY
AGREEMENT BETWEEN THE CITY OF GROVELAND, CITY OF
CLERMONT, TOWN OF HOWEY-IN-THE-HILLS, CITY OF LEESBURG,
CITY OF MASCOTTE, CITY OF MINNEOLA, AND LAKE COUNTY AS TO
THE TOWN OF HOWEY-IN-THE-HILLS; PROVIDING FOR RECORDING;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature adopted Part II of Chapter 171, Florida Statutes as an
alternative for local governments regarding annexation of real property into a municipality; and
WHEREAS, in part, the intent of the Legislature is to "encourage intergovernmental
coordination in planning, service delivery, and boundary adjustments"; and
WHEREAS, by its Resolution 2010-10, adopted May 11, 2010, the City of Clermont
requested to participate in the negotiation process set forth in Section 171.203, Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Florida, as follows:
SECTION 1.
The City of Clermont desires to participate in the amendment to the Interlocal Service
Boundary Agreement with Lake County, the City of Groveland, the City of Minneola,
the City of Mascotte, the Town of Howey-in-the-Hills, and the City of Leesburg as to the
Town of Howey-in-the-Hills, attached hereto and incorporated herein by reference as
Exhibit A.
SECTION 2.
This Resolution shall be recorded in the Public Records of Lake County, Florida and copies
hereof shall be provided to Lake County, the City of Groveland, the City of Minneola, the City
of Mascotte, the Town of Howey-in-the-Hills, and the City of Leesburg.
SECTION 3.
This Resolution shall take effect immediately upon its adoption.
1
CITY OF CLERMONT
RESOLUTION NO. 2012-22
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida,this 28th day of February, 2017.
CITY OF CLERMONT
•
Gail L. Ash, Mayo
,�A�TTEST:'
Ati
Tracy Ackroyd Howe, City Clerk
APPROVED = 0 FORM AND LEGALITY:
414111kAil
Dani:S s, • Attome
AMENDMENT TO INTERLOCAL
SERVICE BOUNDARY AGREEMENT
BETWEEN
The City of Groveland, City of Clermont,
Town of Howey-in-the-Hills,
City of Leesburg, City of Mascotte,
City of Minneola, and Lake County
AS TO HOWEY-IN-THE-HILLS
South Lake ISBA Amendment as to Howey-in-the-Hills Page 1
AMENDMENT TO INTERLOCAL.SERVICE BOUNDARY AGREEMENT
BETWEEN THE CITY OF GROVELAND, CITY OF CLERMONT, TOWN
OF HOWEY-IN-THE-HILLS, CITY OF LEESBURG, CITY OF
MASCOTTE, CITY OF MINNEOLA, AND LAKE COUNTY
AS TO THE TOWN OF HOWEY-IN-THE-HILLS
This Amendment to the Interlocal Service Boundary Agreement as to the Town of Howey-
in-the-Hills is made by and between the Cities of GROVELAND, CLERMONT, LEESBURG,
MASCOTTE, and MINNEOLA, and TOWN OF HOWEY-IN-THE-HILLS, all of which are
Florida municipalities (collectively referred to as "Cities" and individually as "Mascotte",
"Groveland","Clermont","Minneola","Howey-in-the-Hills",and"Leesburg"),and Lake County,
a political subdivision of the State of Florida (the"County").
WITNESSETH
WHEREAS, Florida municipalities possess Municipal Home Rule Powers pursuant to
Article VIII, Section 2(b) of the Florida Constitution and Section 166.021,Florida Statutes.
WHEREAS, the County possesses Home Rule powers pursuant to Article VIII, Section
1(b), of the Florida Constitution and Section 125.01,Florida Statutes.
WHEREAS,the stated purpose of the Florida Interlocal Cooperation Act of 1969, Section
163.01, Florida Statutes, is to "permit local governmental units to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual advantage
and thereby to provide services and facilities in a manner and pursuant to forms of governmental
organization that will accord best with geographic, economic, population, and other factors
influencing the,needs and development of local communities."
WHEREAS,the principal goal of the Interlocal Service Boundary Agreement Act Section
171.20, Florida Statutes is to "encourage local governments to jointly determine how to provide
services to residents and property in the most efficient and effective manner while balancing the
needs and desires of the community." It is.also intended to provide "a more.flexible process for
adjusting municipal boundaries and to address,a wider range of the effects of annexation" . . . "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 deliveryof those services.
pp
WHEREAS, in 1991, Howey-in-the-Hills approved Ordinance No. 91-112, consenting to
its inclusion within the Lake County municipal service taxing unit(MSTU) for fire protection; and
WHEREAS, in 2013, Cities and County entered into an Interlocal Service Boundary
Agreement (the "Agreement"), in order to specifically identify lands deemed logical for future
annexations into Cities and land to remain unincorporated ("Unincorporated Service Area").
South Lake ISBA Amendment as to Howey-in-the-Hills Page 2
WHEREAS, Cities and County wish to amend the Agreement as to Howey-in-the-Hills,
in order to expand Howey-in-the-Hills' annexation abilities under the Agreement in exchange for
Howey-in-the-Hills agreeing to stay within the County's MSTU as long as the Agreement is in
effect, and provided that Howey-in-the-Hills meets one of two conditions regarding the provision
of central water and/or sewer service to the annexing property:
WHEREAS, Cities and County find that the benefits of intergovernmental
communications and coordination will accrue to all Parties.
WHEREAS, this Amendment to the Agreement is entered into pursuant to the authority
of Article VIIIof the Florida Constitution and Chapters 125.01, 163.3177, 166.021 and 171.203,
190.011,Florida Statutes.(2015).
NOW THEREFORE, in consideration of the mutual covenants set forth herein and in the
Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to
amend the Agreement as to Howey-in-the-Hills as follows:
1. RECITALS. The above recitals are true and correctand, by this reference, are hereby
incorporated into and made an integral part of this Amendment to the Agreement.
2. AMENDMENT TO PARAGRAPH 3, "ANNEXATIONS", AS TO HOWEY-IN-
THE-HILLS. Paragraph 3 of the Agreement, entitled "Annexations", is hereby deleted and
replaced with the following asto the Town of Howey-in-the-Hills only:
The following shallgovern any annexations by Howey-in-the-Hills that occur within the
Interlocial Service Agreement Boundary as displayed on Exhibit A to the Agreement:
a. Designated Municipal Areas. Areas on the map which are not designated as
unincorporated areas are attributed as future annexation areas for individual Cities.
No part of an area which is designated as a future annexation area for one City shall
be annexed by any other City for the duration of this agreement, unless the City
which was designated to annex that area and the Board of County Commissioners
consent to such specific-annexation in writing.
b. Annexations Within Designated Municipal Areas. Annexations by Howey-in-
the-Hills within Howey-in-the-Hills' designated municipal area shall be subject to
the'following:
i. Part I Chapter 171,"Florida Statutes. ,City shall be entitled to annex any
property in a manner which is consistent with Part I, Chapter 171, Florida
Statutes.
ii. Enclaves. Pursuant to §171.046,Florida Statutes, County hereby consents
to the annexation,of any enclave or the creation of any enclave which is the
South Lake ISBA Amendment as to Howey-in-the-Hills Page 3
result of an annexation, so long as City agrees to provide services to such
enclave, and the City holds public hearing prior to such annexation where
the owners of all properties within the enclave are given written, first class
mail notice, and an opportunity to comment publicly at such meeting.
iii. Annexation of Properties Which Do Not Meet Part I, Chapter 171,
Florida Statutes. County hereby consents to the annexation by Howey-in-
the-Hills of any non-contiguous real property in the unincorporated area
within the Interlocal Service Boundary Area as depicted in Exhibit A to the
Agreement, provided that the property owner(s) consent to the annexation,
and the subject property to be annexed is:
a. Presently served by Town water and/or sewer utilities; or
b. Subject to a concurrent water and sewer utility agreement that the
property owner/developer has entered into at the time of annexation,
requiring connection to either the Town's water or sewer utility
system, or both if required by the Town's comprehensive plan, and
provided further that the Town shall not approve any development,
or issue a final development order of such annexed property unless
either central water or sewer, or both, shall serve the development.
The utility agreement shall further provide that if connection is only
to one utility at the time of development, that the property must
connect to the remaining utility when available.
iv. Annexation of Right of Way. County agrees that it will not oppose the
annexation of right of way located in the Interlocal Service Boundary
Agreement area of a City, so long as at least one side of the road will be
bounded by property located within the City after the annexation, or which
meets any of the other annexation requirements of this Agreement. City
agrees that at the time that it annexes any property which abuts a roadway,
that, to the extent possible, it will also annex the adjacent road right of way
to avoid the creation of roadway enclaves. Annexing the right of way
pursuant to this sub-paragraph iv. does not require City to accept
maintenance responsibility for such road.
3. AMENDMENT TO PARAGRAPH 6, "FIRE HYDRANTS", AS TO HOWEY-IN-
THE-HILLS. Paragraph 6 of the Agreement,currently entitled"Fire Hydrants",is hereby deleted
and replaced with the following as to the Town of Howey-in-the-Hills only:
South Lake ISBA Amendment as to Howey-in-the-Hills Page 4
FIRE MSTU AND FIRE HYDRANTS.
a. Fire MSTU: Howey-in-the-Hills hereby consentsto stay within County's MSTU
for fire protection, which was established by County in County's Ordinance No. 1990-24,
for twenty(20) years from the effective date of this Amendment to the Agreement.
b. Fire Hydrants: Cities agree that any time a potable water line is extended into or
through unincorporated areas, that fire hydrants or hydrant stub outs will be installed at
recommended distances for fire hydrant spacing at County's expense. Cities agree that
County shall have the right to have fire hydrants installed on any City waterline located
in the unincorporated area at County expense. Cities agree that County Fire Department
shall have the right to use any City fire hydrant for official fire purposes, at no cost;
County shall, however, notify City any time such a hydrant is used along with an estimate
of how much water was used. Notification shall be in writing to the City Manager of the
respective City and provided within seven(7) calendar days of the County's use.
4. EFFECTIVE DATE AND TERM. This Amendment to the Agreement shall be
effective upon the date the last party executes it, and thereafter shall remain in effect for an initial
twenty (20) year term. Upon the expiration of the initial twenty (20) year term, this Amendment
to the Agreement shall remain in effect coterminous with the Agreement.
5. ENTIRE AGREEMENT. This Amendment to the Agreement as to Howey-in-the-Hills
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 Amendment to the Agreement.
6. GOVERNING LAW,VENUE AND JURISDICTION. The laws of the State of Florida
shall govern this Amendment to the Agreement, and venue shall be in Lake County, Florida.
Jurisdiction shall only be in the Circuit Court of Lake County, Florida.
7. SEVERABILITY. If any portion of this Amendment to the Agreement is declared invalid
or unenforceable, then to the extent it is possible todo so without destroying the overall intent and
effect of this Amendment to the Agreement, the portion deemed invalid or unenforceable shall be
severed here from and the remainder of this Amendment to the Agreement shall continue in full
force and effect as if it were enacted without including the portion found to be invalid or
unenforceable.
8. FULL FORCE AND EFFECT OF OTHER PROVISIONS. All provisions of the
Agreement not specifically amended herein shall remain in full force and effect.
South Lake ISBA Amendment as to Howey-in-the-Hills Page 5
Amendment to Interlocal Service Boundary Agreement Between The City of Groveland,City of Clermont,Town of Howey-in-the-Hills,
City of Leesburg,City of Mascotte,City of Minneola,and Lake County,as to the Town of Howey-in-the-Hills
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
Timothy I. Sullivan, Chairman
This day of , 2017.
ATTEST:
Neil Kelly, Clerk of the
Board of County Commissioners
of Lake County, Florida
Approved as to form and legality:
Melanie Marsh
County Attorney
South Lake 1SBA Amendment as to Howey-in-the-Hills Page 6
Amendment to Interlocal Service Boundary Agreement Between The City of Groveland,City of Clermont,Town of Howey-in-the-Hills,
City of Leesburg,City of Mascotte,City of Minneola,and Lake County,as to the Town of Howey-in-the-Hills
CITY OF GROVELAND
May
This a day of , 2017.
ATTEST:
Cit Cler
Approved as to form and legality:
C1,14.L.4.41
A1.
Anita R. Geraci-Carver, City Attorney
South Lake ISBAAmendment as to Howey-in-the=Hills Page 7
Amendment to Interlocal Service Boundary Agreement Between The City of Groveland,City of Clermont,Town of Howey-in-the-Hills,
City of Leesburg,City of Mascotte,City of Minneola,and Lake County,as to the Town of Howey-in-the-Hills
CITY OF CLERMONT, FLORIDA
/ ,� „10,4001
Gail L. Ash, Mayor
Thi day V e-5, 2017.
ATTEST:
y-,41
k.
Tracy Ackroyd Howe, City Clerk
Approved as to farm and legality:
.44011.1 714Alli°
I Wns, -I - . -y
South Lake ISBA Amendment as to Howey-in-the-Hills Page 8
1 Amendment to Interlocal Service Boundary Agreement Between The City of Croveland,City of Clermont,Town of Howey-in-the-Hills,
2 City of Leesburg,City of Mascotte,City of Minneola,and Lake County,as to the Town of Howey-in-the-Hills
3
4
5
6
7 TOWN 0. HOWEY-IN-THE-HILLS
8
9
10 i
11
12 Chris Sears
13 Mayor
14
15
16
18 day l 17
19 J
18 This of lM (� 201
20 ATTEST:
21
22
23
24
Pocb
25
26 Brenda Brasher,Town Clerk
27
28
29 Approved as to form and legality:
30
31
32
33
34 `t- ko
35 He er M. Ramos,Town Attorney-
36
ttorney36
37
38
39
40
South Lake ISBA Amendment as to Howey-in-the-Hills Page 9
Amendment to Interlocal Service Boundary Agreement Between The City of Groveland,City of Clermont,Town of Howey-in-the-Hills,
City of Leesburg,City of Mascotte,City of Minneola,and Lake County,as to the Town of Howey-in-the-Hills
CITY OF LEESBURG
Robert Bone, Jr.
Mayor
This day of , 2017.
ATTEST:
J. Andi Purvis, City Clerk
Approved as toform and legality:
Fred Morrison, City Attorney
South Lake ISBA Amendment as to,Howey-in the-Hills Page 10
1. Amendment to Interlocal Service Boundary Agreement Between The City of Groveland,City of Clermont,Town of Howey-in-the-Hills,
2 City of Leesburg,City of Mascotte,City of Minneola,and Lake County,as to the Town of Howey-in-the-Hills
3
4
5
6 CITY OF MASCOTTE
7
8
9
IO
11 Barbara Krull,Mayor
12
13
14 This Ie.*/ day of 14r I ,2016.
15
16 ATTEST:
17
18
19
20
21 j I /
22 Michelle Hawkins,City Clerk
23
24
25 Approved as to form and legality:
26
27
28 r)/
29
30
31 Virginia sally,City Attorney
32
33
11
Amendment to Interlocal Service Boundary Agreement Between The City of Groveland,City of Clermont,Town of Howey-in-the-Hills,
City of Leesburg,City.of Mascotte,City of Minneola.and Lake County,as to the Town of Howey-in-the-Hills
CITY OF MINNEOLA
Pat Kelley
Mayor
• This day of , 2017.
ATTEST:
Christina Stidham, City Clerk
Approved as to,form and legality:
Scott Gerken, City Attorney
South Lake ISBAAmendment as to Howey-in-the-Hills Page 12
TRACY ACKROYD HOWE, MMC
b .
City Clerk
®3'}� T
352-241-7331
rChoice.of Champions Tackroyd@clermontfl.org
March 3, 2017
Melanie Marsh, County Attorney
Lake County Attorney.Office
315 West Main Street
Tavares, FL 32778
Dear Ms. Marsh:
The Clermont City Council approved the attached at their regular meeting held on February 28, 2017.
Enclosed is an original for your records and six separate signature pages requiring execution. Please
return the six signature pages to the.City of Clermont, Office of the City.Clerk, 685 W. Montrose Street,
Clermont, FL 34711. A self-addressed stamped envelope is enclosed for your convenience.
A complete document with original signatures will be sent upon receipt from all parties.
Sincerely,
(4/A7 /A/
Tracy Ackroyd Howe, MMC
City Clerk
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
S1/4-7, TRACY ACKROYD HOWE, MMC
Ei„®r.C
`i City Clerk
, ,a - CD ,ftr
352-241-7331
Choice of Champions Tackroyd@clermontfl.org
March 3, 2017
City of Leesburg,
Robert Bone, Mayor
501 West Meadow Street
Leesburg, FL 34748
Dear Mr. Bone:
The Clermont City Council approved the attached at their regular meeting held on February 28, 2017.
Enclosed is an original for your records and six separate signature pages requiring execution. Please
return the six signature pages to the City of Clermont, Office of the City Clerk, 685 W. Montrose Street,
Clermont, FL 34711. A self-addressed stamped envelope is enclosed for your convenience.
A complete document with original signatures will be sent upon receipt from all parties.
Sincerely,
J . i
Tracy Ackroyd Howe, MMC
City Clerk
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
TRACY ACKROYD_ HOWE, MMC
0/ '.� City Clerk
352-241-7331
Cof Champions i
Fioice Tackroyd@clermontfl.org
March 3,2017
City of Minneola
Pat Kelley, Mayor
800 North U.S. Highway 27
Minneola, FL 34715
Dear Mr. Kelley:
The Clermont City Council approved the attached at their regular meeting held on February 28, 2017.
Enclosed is an original for your records and six separate signature pages requiring execution. Please
return the six signature pages to the City of Clermont,Office of the City Clerk, 685 W. Montrose Street,
Clermont, FL 34711. A self-addressed stamped envelope is enclosed for your convenience.
A complete document with original signatures will be sent upon receipt from all parties.
Sincerely,
Tracy Ackroyd Howe, MMC
City Clerk
685 W. Montrose Street ,. Clermont, FL 34711 - www.ClermontFL.gov