Ordinance No. 2024-0226=
CLERMONT CITY OF CLERMONT
- ORDINANCE NO.2024-022
AN ORDINANCE OF THE CITY OF CLERMONT ADOPTING AN
AMENDMENT TO THE 2010 INTERLOCAL SERVICE BOUNDARY
AGREEMENT BETWEEN LAKE COUNTY, THE TOWN OF
MONTVERDE, THE CITY OF MINEOLA, THE CITY OF CLERMONT
AND THE PINE ISLAND COMMUNITY DEVELOPMENT DISTRICT
PROVIDING FOR CONFLICT, SEVERABILITY, THE ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, AND AN EFFECTIVE DATE.
WHEREAS, in 2010 the Town of Montverde, City of Clermont, City of Minneola, Pine
Island Community Development District, an independent special district created by § 190, Florida
Statutes, and Lake County, entered into an Interlocal Service Boundary Agreement ("ISBA")
pursuant to § 171.203, Florida Statutes; and
WHEREAS, the City Council of the City of Clermont agrees to the amendment to the
ISBA extending the Term of Agreement as therein defined, and provide that the Ferndale Special
Area shall not develop at a density greater than its current entitlement which is one (1) dwelling
unit for five (5) net acres; and
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; and
WHEREAS, the City Council of the City of Clermont finds that the benefits of
intergovernmental communications and coordination will accrue to all parties of the ISBA; and
WHEREAS, the City Council of the City of Clermont agrees and has determined that the
best interests of the citizens of Lake County would be served by adopting the Amendment to ISBA;
and
WHEREAS, the City of Clermont may enter into the Amendment to the 2010 ISBA
pursuant to the authority of Article VIII of the Florida Constitution and Chapters 163.3177,
166.021 and 171.203, Florida Statutes (2023).
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLERMONT, FLORIDA, as follows:
SECTION 1: RECITALS
The above recitals are true and correct and, by this reference, are hereby incorporated into and
made an integral part of this ordinance.
S
CLEMONT CITY OF CLERMONT
-;7 ORDINANCE NO.2024-022
SECTION 2: ADOPTION OF AMENDMENT TO ISBA
The City Council hereby adopts, and the and the Mayor is authorized to and shall execute, the
Amendment to the Interlocal Service Boundary Agreement between The City of Clermont, The
Town of Montverde, The City of Minneola, Pine Island Community Development District and
Lake County attached hereto and incorporated herein as Exhibit "A" which shall be kept on file
in the office of the City Clerk.
SECTION 3: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
SECTION 6: ADMINISTRATIVE CORRECTION
This Ordinance may be re -numbered or re -lettered and the correction of typographical and/or
scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 5: PUBLICATION AND EFFECTIVE DATE
Publication and Effective Date. This Ordinance shall be published as provided by law and it shall
become law and shall take effect immediately upon its Second Reading and Final Passage.
First Reading on 14th day of May, 2024.
Second Reading on 13th day of August, 2024.
S
CLERMONT CITY OF CLERMONT
-., ORDINANCE NO.2024-022
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 13t' day of August 2024.
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ATTEST:;
i
Tracy Ackroyd Howe,
City Clerk
APPRO D AS TO FORM AND LEGALITY:
Dame . antza , ney
CITY OF CLERMONT
w1)'A
Tim Murry, May
AMENDMENT TO INTERLOCAL
SERVICE BOUNDARY AGREEMENT
BETWEEN
The Town of Montverde,
The City of Clermont,
The City of Minneola, Bella Collina
Community Development District and
Lake County
ISBA Amendment Page 1
AMENDMENT TO INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE TOWN OF MONTVERDE, THE CITY OF CLERMONT,
THE CITY OF MINNEOLA, BELLA COLLINA COMMUNITY
DEVELOPMENT DISTRICT AND LAKE COUNTY
This Amendment to the Interlocal Service Boundary Agreement is made by and between
the TOWN OF MONTVERDE, the cities of CLERMONT and MINNEOLA, all of which are
Florida municipalities (collectively referred to as "Cities" and individually as "Montverde",
"Clermont", "Minneola"), PINE ISLAND COMMUNITY DEVELOPMENT DISTRICT, an
independent special district created by Chapter 190, Florida Statutes ("PINE ISLAND") now
known as the BELLA COLLINA COMMUNITY DEVELOPMENT DISTRICT 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; and
WHEREAS, the County possesses Home Rule powers pursuant to Article VIII, Section
l (b), of the Florida Constitution and Section 125.01, Florida Statutes; and
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."; and
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 delivery of those services.";
and
WHEREAS, in 2010, Cities, Pine Island 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"),
for Monterde, County and Minneola to provide for the adoption of the Goals, Objectives, and
Strategies of the Green Mountain Scenic Bylaw, as well as to provide for the exclusion of utilities
in the Ferndale Special Area unless approved in advance by County; and
ISBA Amendment Page 2
WHEREAS, Cities, Bella Collina and County wish to amend the Agreement to extend the
Term of Agreement and to clarify that the 2030 Lake County Comprehensive Plan shall govern
development, if any, of the Ferndale Special Area; and
WHEREAS, Cities, Bella Collins and County fmd that the benefits of intergovernmental
communications and coordination will accrue to all Parties; and
WHEREAS, this Amendment to the Agreement is entered into pursuant to the authority
of Article VIII of the Florida Constitution and Chapters 125.01, 163.3177, 166.021 and 171.203,
190.011, Florida Statutes.
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 follows:
1. Recitals. The above recitals are true and correct and, by this reference, are hereby
incorporated into and made an integral part of this Amendment to the Agreement.
2. Amendment. Section 5 of the original agreement dated October 5, 2010, shall be amended
to read as follows:
FERNDALE SPECIAL AREA.
A. The Parties agree that the "Ferndale Special Area" described and depicted in Exhibit "F"
shall be unincorporated. The Ferndale Special Area is located within 180 Utility Districts of
MONTVERDE and MINNEOLA as identified and described in their respective ordinances
establishing a utility district. With the exception of MINNEOLA'S alternative water facilities,
MONTVERDE and MINNEOLA shall not construct utility lines or related utility facilities within
the Ferndale Special Area to serve any property or properties within the Ferndale Special Area
without the prior written approval of the Board of County Commissioners of Lake County ("The
County Commission"). In addition, MINNEOLA and MONTVERDE shall not annex any land
within the Ferndale Special Area depicted in Exhibit "F" without amending this Agreement.
COUNTY agrees to grant MINNEOLA the right to use its right of way or any other lands within
the control of COUNTY for placement of MINNEOLA'S alternative water facilities, which may
be located in the Ferndale Special Area so long as the following conditions are met: (1) in the
COUNTY'S opinion, sufficient right of way or other land within COUNTY'S control exists; (2)
the COUNTY approves the proposed location of MINNEOLA'S alternative water facilities or
related infrastructure on COUNTY right of way or other lands within COUNTY'S control; and (3)
N UNNEOLA obtains all necessary permits, such as right of way utilization permits from the
COUNTY.
B. Properties within the Ferndale Special Area as depicted in Exhibit "F" are designated as
Rural and Conservation on the future land use map of Lake County, Florida. The 2030 Lake
Countv Comprehensive Plan limits densitv for properties designated as Rural to a maximum of 1
dwelling unit for 5 net acres. unless a final Lot of Record/Excention for Density for determination
was completed and approved by Lake County. The Parties agree that during the Term of this
ISBA Amendment Page 3
Agreement, and any extensions thereof, the County's Comprehensive Plan governs development.
if any. within the Ferndale Special Area.
3. Amendment. Section 9 of the original agreement dated October 5, 2010, shall be amended
to read as follows:
TERM OF AGREEMENT.
A. The Initial Term of this Agreement shall be twenty years from the effective date of this
Agreement. This Agreement shall be effective upon final adoption of an Ordinance adopting this
Agreement enacted by MONTVERDE, COUNTY, CLERMONT, and MINNEOLA, and upon
adoption of a final order, resolution or other method consistent with the Pine Island Community
Development District charter by PINE ISLAND. The Effective Date shall be the date of final
adoption by the last party.
B. Pursuant to Section 10, entitled Renewal of Agreement, the parties have initiated
negotiations for extension of this Agreement and hereby agree to extend the term of this Agreement
through September 30, 2043.
4. Severability. If any portion of this Amendment to the 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 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.
5. Full Force and Effect of Other Provisions. All provisions of the original Agreement
dated October 5, 2010, not specifically amended herein shall remain in full force and effect.
{SIGNATURE PAGES TO FOLLOW}
ISBA Amendment Page 4
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collina
Community Development District and Lake County
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
M7
This
ATTEST:
y Smith Chairman
day of
m N
4J.one er of the 7
<' I Commissioners ��ourrr.°�
of Lake County, Florida
Approved as to form and legality:
Melanie Marsh
County Attorney
2024.
ISBA Amendment Page 5
Amendment to Interlocal Service Boundary Agreement Behveen the Town of Montverde, Cite of Clermont, City of Minneola, Bella Collins
Community Development District and Lake County
TOWN OF MONTVERDE
Joe?VV oo
yor
This day of �Vi , 2024.
ATTEST:
y
t'11�--�wnCtol
Approved as to form and legality:
Anita Geraci-Carver, Town Attorney
ISBA Amendment Page 6
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collina
Community Development District and Lake County
CITY OF CLERMONT, FLORIDA
Tim Murry, Mayor
This 3 day of � (JJ U S4- , 2024.
ATTEST:
Tracy~Ac/��it� Clerk
Ap (;roved as to fo and legality:
(DkMantzaris -CityAttorne
Y
ISBA Amendment
Page 7
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collins
Community Development District and Lake County
CITY OF MINNEOLA
Pat Kelley ` 1%11111111111
MN "�0,
Mayor `. 0F '
�,.... �VF�.
SEAL
This day 202$.
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OFtlnl'
ATTEST:
Yvj---r-��
Kristine Thompson, City Clerk
Approved as to form and legality:
�o h Scott G ken, City ttorney
ISBA Amendment Page 8
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collins
Community Development District and Lake County
BELLA COLLINA COMMUNITY DEVELOPMENT DISTRICT F/K/A PINE ISLAND
COMMUNITY DEVELOPMENT DISTRICT
LAKE COU , LORIDA
G�'-*/ 24
This Z$ day of S J t- , 202 q.
ATTEST:
r- �� -\ N'
Approved as to form and legality:
RJUN District Attorney
ISBA Amendment Page I
Exhibit A
AMENDMENT TO INTERLOCAL
SERVICE BOUNDARY AGREEMENT
BETWEEN
The Town of Montverde,
The City of Clermont,
The City of Minneola, Bella Collina
Community Development District and
Lake County
ISBA Amendment Page 1
AMENDMENT TO INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE TOWN OF MONTVERDE, THE CITY OF CLERMONT,
THE CITY OF MINNEOLA, BELLA COLLINA COMMUNITY
DEVELOPMENT DISTRICT AND LAKE COUNTY
This Amendment to the Interlocal Service Boundary Agreement is made by and between
the TOWN OF MONTVERDE, the cities of CLERMONT and MINNEOLA, all of which are
Florida municipalities (collectively referred to as "Cities" and individually as "Montverde",
"Clermont", "Minneola"), PINE ISLAND COMMUNITY DEVELOPMENT DISTRICT, an
independent special district created by Chapter 190, Florida Statutes ("PINE ISLAND") now
known as the BELLA COLLINA COMMUNITY DEVELOPMENT DISTRICT 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; and
WHEREAS, the County possesses Home Rule powers pursuant to Article VIII, Section
1(b), of the Florida Constitution and Section 125.01, Florida Statutes; and
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."; and
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 delivery of those services.";
and
WHEREAS, in 2010, Cities, Pine Island 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"),
for Monterde, County and Minneola to provide for the adoption of the Goals, Objectives, and
Strategies of the Green Mountain Scenic Bylaw, as well as to provide for the exclusion of utilities
in the Ferndale Special Area unless approved in advance by County; and
ISBA Amendment Page 2
WHEREAS, Cities, Bella Collina and County wish to amend the Agreement to extend the
Term of Agreement and to clarify that the 2030 Lake County Comprehensive Plan shall govern
development, if any, of the Ferndale Special Area; and
WHEREAS, Cities, Bella Collina and County find that the benefits of intergovernmental
communications and coordination will accrue to all Parties; and
WHEREAS, this Amendment to the Agreement is entered into pursuant to the authority
of Article VIII of the Florida Constitution and Chapters 125.01, 163.3177, 166.021 and 171.203,
190.011, Florida Statutes.
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 follows:
1. Recitals. The above recitals are true and correct and, by this reference, are hereby
incorporated into and made an integral part of this Amendment to the Agreement.
2. Amendment. Section 5 of the original agreement dated October 5, 2010, shall be amended
to read as follows:
FERNDALE SPECIAL AREA.
A. The Parties agree that the "Ferndale Special Area" described and depicted in Exhibit "F"
shall be unincorporated. The Ferndale Special Area is located within 180 Utility Districts of
MONTVERDE and MINNEOLA as identified and described in their respective ordinances
establishing a utility district. With the exception of MINNEOLA'S alternative water facilities,
MONTVERDE and MINNEOLA shall not construct utility lines or related utility facilities within
the Ferndale Special Area to serve any property or properties within the Ferndale Special Area
without the prior written approval of the Board of County Commissioners of Lake County ("The
County Commission"). In addition, MINNEOLA and MONTVERDE shall not annex any land
within the Ferndale Special Area depicted in Exhibit "F" without amending this Agreement.
COUNTY agrees to grant MINNEOLA the right to use its right of way or any other lands within
the control of COUNTY for placement of MINNEOLA'S alternative water facilities, which may
be located in the Ferndale Special Area so long as the following conditions are met: (1) in the
COUNTY'S opinion, sufficient right of way or other land within COUNTY'S control exists; (2)
the COUNTY approves the proposed location of MINNEOLA'S alternative water facilities or
related infrastructure on COUNTY right of way or other lands within COUNTY'S control; and (3)
MINNEOLA obtains all necessary permits, such as right of way utilization permits from the
COUNTY.
B. Properties within the Ferndale Special Area as depicted in Exhibit "F" are designated as
Rural and Conservation on the future land use man of Lake Countv. Florida. The 2030 Lake
Countv Comprehensive Plan limits densitv for properties designated as Rural to a maximum of 1
dwelling unit for 5 net acres. unless a final Lot of Record/Excention for Densitv for determination
was completed and approved by Lake Countv. The Parties agree that during the Term of this
ISBA Amendment Page 3
Agreement, and any extensions thereof, the County's Comprehensive Plan governs development,
if any, within the Ferndale Special Area.
3. Amendment. Section 9 of the original agreement dated October 5, 2010, shall be amended
to read as follows:
TERM OF AGREEMENT.
A. The Initial Term of this Agreement shall be twenty years from the effective date of this
Agreement. This Agreement shall be effective upon final adoption of an Ordinance adopting this
Agreement enacted by MONTVERDE, COUNTY, CLERMONT, and MINNEOLA, and upon
adoption of a final order, resolution or other method consistent with the Pine Island Community
Development District charter by PINE ISLAND. The Effective Date shall be the date of final
adoption by the last party.
B. Pursuant to Section 10, entitled Renewal of A-areement, the parties have initiated
negotiations for extension of this Agreement and hereby agree to extend the term of this Agreement
through September 30, 2043.
4. Severability. If any portion of this Amendment to the 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 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.
5. Full Force and Effect of Other Provisions. All provisions of the original Agreement
dated October 5, 2010, not specifically amended herein shall remain in full force and effect.
{SIGNATURE PAGES TO FOLLOW}
ISBA Amendment Page 4
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collins
Community Development District and Lake County
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
Kirby Smith, Chairman
This day of , 2024.
ATTEST:
Gary J. Cooney, Clerk of the
Board of County Commissioners
of Lake County, Florida
Approved as to form and legality:
Melanie Marsh
County Attorney
ISBA Amendment Page 5
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collina
Community Development District and Lake County
TOWN OF MONTVERDE
Joe Wynkoop
Mayor
This day of , 2024.
ATTEST:
Town Clerk
Approved as to form and legality:
Anita Geraci-Carver, Town Attorney
ISBA Amendment Page 6
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Mineola, Bella Collina
Community Development District and Lake County
x V1
ATTEST:
i 1�27Z
racy Ackro ��ity Clerk
Ap oved as to fo and lega '
D orney
CITY OF CLERMONT, FLORIDA
Tim Murry, Ma.yJo�
Thid'3- day of , 2024.
ISBA Amendment Page 7
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneols, Bella Collins
Community Development District and Lake County
CITY OF MINNEOLA
Pat Kelley
Mayor
This day of , 2024.
ATTEST:
Kristine Thompson, City Clerk
Approved as to form and legality:
Scott Gerken, City Attorney
ISBA Amendment Page 8
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collina
Community Development District and Lake County
BELLA COLLINA COMMUNITY
DEVELOPMENT DISTRICT
This day of 92024.
ATTEST:
Approved as to form and legality:
, District Attorney
ISBA Amendment Page 9
Exhibit F
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Lake Apopka
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Legend
0 Town of Montverde Limits
toFerndale Special Area `
Town of Montverde Exhibit "F" - Community of Ferndale
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(Source Lake County Aerial Photographs 2008.)
Weaver Boos Consultants Southcm4 i C $0O8
365 Citrus Tower BlvdFeet
, Ste 110 '\
Clermont, FL 34711
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Phone: (352) 241-0848
0 7,500 3,000 CONSULTANTS
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