O-2014-09CITY OF CLERMONT
ORDINANCE No. 2014-09
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING
AN INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN
THE CITY OF CLERMONT AND LAKE COUNTY; PROVIDING FOR
SEVERABILITY, CONFLICT, AND EFFECTIVE DATE.
WHEREAS, the City of Clermont and Lake County are entering into an Interlocal
Service Boundary Agreement ("ISBA") pursuant to § 171.203, Florida Statutes; 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, elected officials and appointed staff of the parties to the ISBA have met and
negotiated in good faith to resolve issues relating to provisions for annexation and maintenance
of right-of-way; Development applications, regulations and Comprehensive Plan; Solid Waste;
Fire Hydrants Sharing of Equipment and Resources; the E 911 System and County to City
addressing; and, Fire and Rescue Services, and have reduced their agreement to writing as set
forth in the ISBA attached hereto; and
WHEREAS, the City Council of the City of Clermont has determined that the best
interests of its citizens would be served by adopting the ISBA; and
WHEREAS, the City may enter into the ISBA pursuant to the authority of Article VIII of
the Florida Constitution and Chapters 163.3177, 166.021 and 171.203, Florida Statutes (2009).
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.
SECTION 2. Adoption of ISBA.
The City Council hereby adopts, and the Mayor is authorized to and shall execute the Interlocal
Service Boundary Agreement with Lake County, attached hereto and incorporated herein as
Exhibit "A" which shall be kept on file in the office of the City Clerk.
CITY OF CLERMONT
ORDINANCE No. 2014-09
SECTION 3. Severability.
It is declared to be the intent of the City Council that if any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining portions hereof.
SECTION 4. Conflict.
Any portion of the Code of Ordinances, City of Clermont, Florida or any ordinance or part thereof
in conflict with this ordinance is hereby repealed to the extent of such conflict.
SECTION 5. Effective Date.
This ordinance shall be published as provided by law and shall take effect immediately upon its
Second Reading and Final Passage.
K
CITY OF CLERMONT
ORDINANCE No. 2014-09
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
ida on this l Oth day of June, 2014.
CITY OF CLERMONT
NOW
Attest: `
♦iR ♦R.•R.l l2R1
Tracy Ackroyd, City Cler
Approved as to form and
INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN
The City of Clermont and Lake County, Florida
June 10, 2014
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INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN
THE CITY OF CLERMONT AND LAKE COUNTY, FLORIDA
This Interlocal Service Boundary Agreement (the "Agreement") is made by and between the City
of Clermont, a Florida municipality ("CLERMONT") 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 umts 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
17120, 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, the Parties desire to identify lands that are logical for future annexations into the
CLERMONT; and
WHEREAS, the Parties find that the benefits of intergovernmental communications and
coordination will accrue to all Parties; and
WHEREAS, the elected officials of the Parties have met and negotiated in good faith to resolve
issues relating to annexation, joint planning and provision of infrastructure and wish to reduce their
agreement to writing as set forth in this Agreement; and
WHEREAS, this 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
(2012); and
NOW THEREFORE, in consideration of the mutual covenants set forth in the Agreement, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree 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 Agreement.
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2. INTERLOCAL SERVICE AGREEMENT BOUNDARY. The map attached hereto as Exhibit
A, incorporated herem by reference, outlines the Interlocal Service Boundary Area and as shown on such
map the boundary areas for CLERMONT as well as unincorporated areas.
3. ANNEXATIONS. The following agreement shall govern any annexations that occur within the
Interlocal Service Agreement Boundary as displayed on Exhibit A -
a. ANNEXATION OF PROPERTIES.
Part I Chapter 171, Florida Statutes CLERMONT 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 result of an
annexation, so long as CLERMONT agrees to provide services to such enclave, and
CLERMONT holds a 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; Specific Properties. COUNTY hereby consents to the annexation of any
non-contiguous real property in the unincorporated area within the Interlocal Service
Boundary Area by CLERMONT as depicted in "Exhibit A" provided that subject
properties are
1. presently served by CLERMONT or other public central water and/or sewer utility;
or
2. where subject property owner/developer has entered into a concurrent Water and
Sewer Utility Agreement at the time of annexation to extend utility infrastructure to
the subject property, and provided further the CLERMONT shall not approve any
development, or issue a final development order in such annexed area unless central
water and wastewater shall serve the development.
b. CLERMONT shall not annex any areas not contained within the Clermont ISBA without the
approval of the COUNTY.
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
CLERMONT, so long as at least one side of the road will be bounded by property located
within CLERMONT after the annexation, or which meets any of the other annexation
requirements of this Agreement. CLERMONT 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 does not require CLERMONT to accept maintenance
responsibility for such road.
d MAINTENANCE OF ROW. From the Effective Date of this agreement, upon annexation
of a sum greater than fifty percent (50%) of the existing frontage of properties abutting any
subject road right-of-way, other than a State of Florida operated and maintained nght-of-way,
located between two nearest collector streets (or streets with a higher classification)
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intersecting right-of-ways (i.e. cross streets) or County four -lane or greater roadway„
CLERMONT shall assume maintenance responsibility for such road right-of-way segment
and associated drainage facilities not terminating at any right-of-way centerline, but between
and extending to and including the above mentioned local cross street intersections, or as may
be mutually designated. All such transfers of maintenance responsibility related to an
annexation shall include the entire width of the right-of-way adjacent to annexed properties.
However, nothing In this agreement shall require CLERMONT to assume maintenance for
any roadway and associated drainage facilities that does not meet City standards other than
right of way width, nor shall CLERMONT have any responsibility to widen any such road.
4. DEVELOPMENT APPLICATIONS, LAND DEVELOPMENT REGULATIONS
COMPREHENSIVE PLAN PROVISIONS. Persons owning or developing land within the
Interlocal Service Boundary Area will be faced with difficulty determining which local jurisdiction
has control over pernvtting decisions. This difficulty will be exacerbated in areas where one
jurisdiction may have permitting authority, but another jurisdiction may be providing utilities In
order to minimize such difficulties, CLERMONT and the COUNTY agree as follows:
a. Development Applications For any application for development which is received by
COUNTY for land within the CLERMONT ISBA, designated area on Exhibit A, or any
application for development received by CLERMONT for land within CLERMONT
limits and within five hundred feet (500') of land that Is located In the unincorporated
area, CLERMONT or COUNTY, as the case may be, will Immediately provide a copy of
the development application to the other. CLERMONT and COUNTY shall work
together to minimize any conflicts in regulations and to make the permitting process as
efficient as can be.
b. Land Development Regulations CLERMONT and the COUNTY shall work together
to compare their respective Land Development Regulations, and where there are
inconsistent regulations; work towards eliminating such mconslstency, to the extent
possible. When regulations are inconsistent, CLERMONT and the COUNTY shall strive
to jointly amend the regulations with a goal to eliminate unnecessary conflict.
CLERMONT and the COUNTY recognize there may be regulations that a party cannot
amend for purposes of consistency due to factors beyond the party's control, for example,
consumptive use permit requirements. It is estimated that this process shall take up to
thirty-six (36) months, at which time elected representatives from CLERMONT and the
COUNTY shall meet to review the progress that has been made.
c Comprehensive Plans. CLERMONT and the COUNTY acknowledge that
CLERMONT's Comprehensive Plans will have to be updated as annexations occur, and
that the COUNTY Comprehensive Plan may need to be amended to accommodate future
growth plans of CLERMONT within their designated areas. CLERMONT and the
COUNTY agree to work together to jointly' plan the designated areas to avoid
incompatibility between uses in CLERMONT and COUNTY.
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5 SOLID WASTE The COUNTY and CLERMONT agree that through July 2014, CLERMONT
shall deliver all solid waste under its control to COUNTY for disposal, so long as the rates charged by
COUNTY remain competitive with rates charged in the Central Florida area, and so long as the cost
to CLERMONT in doing so is less than CLERMONT's cost in using a different solid waste facility.
The term "cost" as used in this Section 5 shall include but not be limited to transfer (fuel) costs and
tipping fees. COUNTY agrees that any contract that it enters for the collection of waste will be able
to be utilized by CLERMONT at their option, and will coordinate and communicate with
CLERMONT on solid waste disposal opportunities which may exist after 2014.
6. FIRE HYDRANTS. CLERMONT agrees 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, based on CLERMONT's standards and approval, for fire hydrant spacing at COUNTY's
expense. CLERMONT agrees that COUNTY shall have the right to have fire hydrants installed on
any City water line located in the unincorporated area at COUNTY expense and as approved by
CLERMONT. CLERMONT agrees that the COUNTY Fire Department shall have the right to use
any City fire hydrant for official fire purposes, at no cost; COUNTY shall, however, notify
CLERMONT anytime such a hydrant is used along with an estimate of how much water was used.
Notification shall be in writing to the City Manager and provided within seven (7) calendar days of
the COUNTY's use.
7 SHARING OF EQUIPMENT AND RESOURCES. CLERMONT and the COUNTY each own
and operate equipment and resources that might be of use to the other. The goal of this paragraph is
to minimize duplication of resources by allowing one party to this agreement to utilize the resources
of another party in an effort to avoid duplication. CLERMONT and the COUNTY agree to allow the
other party to utilize resources and equipment owned by the other so long as such equipment and
resource is available and so long as the using party pays all costs involved with such use. It is
recognized that in order to utilize some types of equipment, staffing from the donating agency will
also be required, and in such a case, the agency using such resource or equipment shall also be
responsible to pay any staff costs.
8. E 911 SYSTEM; COUNTY ADDRESSING SYSTEM. COUNTY maintains the E 911 addressing
system Such system is in use in the unincorporated area of Lake County and in some municipal
areas. Due to cost and harm to citizens, it is not feasible to readdress existing addresses which are not
in compliance with the COUNTY numbering system. However, universal use of the COUNTY
addressing system will enhance emergency response for all citizens of Lake County. CLERMONT
and the COUNTY agree that any new address issued by CLERMONT or COUNTY (including any
readdressmg that may occur) will be issued in accordance with the County E 911 addressing system
and rules. CLERMONT agrees that from the Effective Date of this agreement, all new addresses
issued to their residents, shall meet the COUNTY's addressing standards. CLERMONT shall utilize
the process set forth in Exhibit B, attached hereto and incorporated herein by reference.
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9. FIRE AND RESCUE SERVICES.
a. COUNTY and CLERMONT agree to automatically respond to assist the other for all
types of emergencies including fire, medical emergencies, rescue, hazardous material,
extrication, and natural and accidental disasters within the ISBA area, as well as in
adjacent areas pursuant to Section (d) below. The provisions of this agreement do not
apply to non -emergency calls, as defined in vii. below.
i. The parties agree to provide such assistance on an automatic aid basis utilizing
the available units nearest to the incident.
ii. This agreement is not intended and shall not be construed to in any way deprive
COUNTY or CLERMONT of any jurisdictional powers that such entity may
have, nor is it the intention of the parties to combine their individual departments
into a single department or district providing the services encompassed by this
agreement.
ili. For purpose of this agreement, automatic aid shall be defined as the immediate
response of emergency personnel closest to the scene, regardless of whether such
personnel are from the jurisdiction where the incident is located. The automatic
aid shall be based on a predefined process agreed to pursuant to vii. below that
results in the immediate response of emergency personnel to the scene of an
emergency. COUNTY and CLERMONT shall mutually agree on the level of
response that different types of incidents will require, and units will be
dispatched accordingly. All units of COUNTY and CLERMONT shall be
available to be dispatched, unless involved in another call, if such response is
required based on the necessary level of response that is required.
iv During the term of this agreement, COUNTY and CLERMONT agree that they
will continue to utilize Lake Emergency Medical Services, Inc. (hereinafter
"LEMS") (or any successor entity approved both by COUNTY and
CLERMONT) for dispatching of fire and emergency medical services.
v. During the term of this agreement, COUNTY and CLERMONT agree that they
will install and maintain Automatic Vehicular Locator Systems (hereinafter
"AVL") on all emergency response vehicles in their fleets that are located in or
near the ISBA area; such Automatic Vehicular Locator Systems shall be
compatible with computer and radio systems maintained by LEMS. COUNTY
agrees to utilize County Fire Impact Fees for the initial purchase of an AVL for
any CLERMONT response vehicle that does not currently have one;
CLERMONT will be responsible to purchase such units for vehicles placed in
service after the effective date. CLERMONT and COUNTY will be responsible
for maintenance and operating charges for AVL's on their own vehicles.
vi. While providing automatic response, an entity that is responding outside its
jurisdiction shall be subject to the orders and directions of the officer in charge of
the operations. If an officer for the jurisdiction in which the incident is located is
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not available at the scene, the highest-ranking officer from the responding party
will control the scene until its termination or an officer from the jurisdiction in
which the incident has occurred arrives and scene control is properly transferred.
COUNTY and CLERMONT shall utilize National Fire Protection Standards and
National Incident Management System (NIMS) standards to ensure that the
Incident Command System, the Personnel Accountability System and other
standards are adhered to.
vii. The Chiefs of the fire departments and the Executive Director of LEMS or their
designees, will meet and draft, and may thereafter revise, a written plan for the
procedures and operations necessary to effectively implement this agreement.
The written plan shall include a definition of non -emergency calls and shall
include the process described in iii., above. Should a disagreement arise between
such Chiefs and/or Executive Director, the matter shall be referred to the
Managers for COUNTY and CLERMONT for resolution. Any dispute or
disagreement that cannot be resolved at this level shall be resolved utilizing the
dispute resolution process of this ISBA Agreement.
viii. Nothing in this agreement shall prohibit COUNTY or CLERMONT from
sending additional resources to an incident located within their respective
jurisdiction, even if such resources are not required by the plan for procedures
and operations approved by the fire chiefs of COUNTY and CLERMONT.
ix. COUNTY and CLERMONT agree that they will not locate or establish a new
fire station that is located in the jurisdiction of the other or close a fire station
within the ISBA area without the written permission of the other party. The
relocation of the existing COUNTY fire station on SR 50 to the Lake County
Sheriff Substation, also on SR 50 shall not be subject to this requirement.
x. Nothing in this agreement shall affect any other mutual aid agreements that are or
may be in existence between COUNTY and CLERMONT or any other
governmental unit for areas not included within this agreement.
b. It is the intent of this agreement to allocate the costs of an agency responding to an event
in the other's jurisdiction through a method whereby compensation is set based upon the
type of call. At the end of each quarter, the number of calls that COUNTY and
CLERMONT respond to in the other's jurisdiction shall be reviewed, calculated and
compensation shall be paid as follows:
i. At the end of each quarter, calls responded to in the other agency's jurisdiction
shall be determined, utilizing call data maintained by the dispatch agency. Only
calls where the dispatcher dispatched a unit based on the predefined process
described above shall be counted. As indicated earlier, COUNTY or
CLERMONT have the right to send units to a call without being dispatched;
however, in such a case, such call shall not be calculated for purposes of
compensation. For purposes of this provision, "self -dispatched" calls shall be
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defined, based on dispatch records, as calls wherein the dispatcher did not call
the unit to the scene.
ii. Determination of compensable calls. The following rules shall be used to
determine how to determine the number of compensable calls:
1. For purposes of medical calls, each vehicle that is dispatched shall be
considered a separate call
2. For purposes of fire calls, each call for service to an incident shall be
considered one call, regardless of the number of vehicles that are
dispatched.
3. Calls that are dispatched for non -emergency purposes shall not be
counted as a response by COUNTY or CLERMONT for purposes of this
agreement and neither agency shall be required to respond to such non -
emergency call, although they may respond if they wish.
4. Calls that are self -dispatched meaning responses that are to an incident
where the dispatcher did not call that unit shall not be counted as a
response for purposes of this agreement
5. Calls that are dispatched due to an automobile accident shall be counted
as a medical call incident.
6 Additional rules and compensation amounts regarding specific types of
calls may be applied if approved in writing by the City Manager of
CLERMONT and County Manager of COUNTY.
iii. At the end of each quarter, the number of calls for the prior quarter shall be
reviewed to determine if either COUNTY or CLERMONT responded to more
calls outside their jurisdiction than were responded to inside their jurisdiction.
For this purpose, separate calculations shall be made for emergency medical
response and fire response. A call which is made by the dispatcher, but
subsequently cancelled shall be calculated as half ('/2) of a call. For each
category of calls, the number of calls that one party responded to that exceeds the
number of calls the other party responded to shall be the "net number of calls".
Only the net number of calls shall be compensable. By way of illustration, in a
quarter if CLERMONT were to answer fifty (50) calls in COUNTY's
jurisdiction, and COUNTY were to answer forty-five (45) calls in
CLERMONT's jurisdiction, the net five (5) calls would be compensable from
COUNTY to CLERMONT.
iv. Net calls shall be compensated in the following amounts:
1. Medical Call: $100 per call.
2. Fire Call: $500 per call.
c General Provisions relating to Fire and Medical Services Response:
1. Neither COUNTY nor CLERMONT shall assume any liability for the acts,
omissions, or negligence of the other. Each shall be solely responsible for their
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own negligence and the negligence if their employees and agents. Nothing in
this agreement is intended to act as a waiver of sovereign immunity
u Effective date and Redetermination of reimbursement
1. The effective date for the automatic aid portion of tlus agreement shall be
February 1, 2015 and this agreement shall continue in force and effect
unless the Interlocal Service Boundary Agreement is modified or
terimnated as provided in other parts of this agreement.
2 The compensation amounts in (b)(ii) above are estimates that have been
agreed to by COUNTY and CLERMONT. It Is also possible that during
the term of this agreement costs may change. Within nmety (90) days
after January 31, 2017, and every three (3) years thereafter on the same
date, should either party believe that such amounts shall be adjusted, they
shall notify the other in writing. Upon such notification, COUNTY and
CLERMONT shall meet to renegotiate such rates. Should a
disagreement apse which cannot be resolved, the matter shall be referred
to the Managers for COUNTY and CLERMONT for resolution. Any
dispute or disagreement that cannot be resolved at this level shall be
resolved utilizing the dispute resolution process of this ISBA Agreement
d. Additional Parties: There are other governmental units that provide fire and emergency
medical response in areas adjacent to the Clermont ISBA area. These include Minneola,
Groveland, Mascotte, and Montverde. It is possible that agreements between COUNTY
and one or more of those entities may be negotiated and entered into. In such a case, it
may be of benefit to CLERMONT and COUNTY to incorporate those additional areas
into this agreement by amendment in order to provide a seamless emergency response
system. The parties agree that such an amendment may be made only if agreed to in
writing by CLERMONT and COUNTY.
In making the determination of amounts due under this agreement, data from LEMS's
dispatch shall be used as the .basis to determine the number of calls which are to be
counted as interagency calls. Witlun thirty (30) days after the end of each quarter, LEMS
will prepare a report and- send it to CLERMONT and COUNTY CLERMONT and
COUNTY shall have fifteen (15) days to review such report, and to object Should either
party object to the report or the data contained therein, the County Manager and City
Manager shall meet within fifteen (15) days to attempt to resolve such objection Should
the managers be unable to resolve such objection, payment shall be made for the portion
of the report that is not in dispute, and the parties shall select a Certified Professional
Accounting Firm which -shall conduct a review and render a decision on the dispute. The
decision of the Certified Public Accounting Firm shall be final and binding on all parties
to this agreement The costs of the Certified Accounting Firm shall be borne equally by
COUNTY and CLERMONT.
f. Any payments that are due to another party to this agreement shall be made within
twenty-five (25) days after the delivery of the report described in Section (e) above,
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unless an objection is filed. In such a case, the undisputed portions of the report shall be
paid and the balance shall be due within fifteen (15) days after resolution of the dispute.
10. TERM OF AGREEMENT. The Initial Term of this Agreement shall be twenty (20) years
from the effective date of this Agreement This Agreement shall be effective upon final adoption
of an Ordinance adopting this Agreement enacted by CLERMONT and COUNTY The Effective
Date shall be the date of final adoption by the last party.
11. RENEWAL OF AGREEMENT. Pursuant to Chapter 171.203(12), Florida Statutes, the
Parties shall initiate negotiations for the renewal or extension of this Agreement beyond the
twenty (20) year term no later than eighteen months prior to the termination of the Initial Term.
12. PERIODIC REVIEW. Pursuant to Chapter 171 203(12), Florida Statutes, (2009) this
Agreement shall be periodically reviewed by the Parties every five (5) years for a maximum term
of twenty (20) years. Should the parties decide to renegotiate, renegotiations must begin at least
eighteen (18) months prior to the termination date.
13. TERMINATION OF AGREEMENT. This Agreement may not be terminated by any Party
without cause, prior to its expiration, unless an amendment to the Agreement is approved by all
Parties in writing.
14. 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 30 days
following the conclusion of the procedures established in chapter 164, a party may file an action
in circuit court
15. NOTICE. All notices, consents, approvals, waivers, and elections that any Party requests or
gives 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 any Party may
otherwise designate in writing.
City of Clermont: Darren Gray, City Manager
Post Office Box 120219
Clermont, Florida 34712
cc: Dan Mantzaris, City Attorney
Post Office Box 120219
Clermont, Florida 34712
Lake County: David Heath, County Manager
P. O. Box 7800
Tavares, Florida 32778
CC. Sanford A. Minkoff, County Attorney
P.O Box 7800
Tavares, Florida 32778
P
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16. SOLE BENEFIT. This Agreement is solely for the benefit of the Parties hereto, 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
insure to the sole benefit of and shall be binding upon the Parties, and their respective
representatives, successors and assigns.
17. AUTHORITY. The Parties each represent and warrant to the other its respective
authority to enter into tlus Agreement, acknowledge the validity and enforceability of this
Agreement The Parties hereby represent, warrant and covenant 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.
18. 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
19 GOVERNING LAW, VENUE AND JURISDICTION. The laws of the State of Florida
shall govern this Agreement, and venue shall be in Lake County, Florida. Jurisdiction shall only
be in the Circuit Court of Lake County, Florida.
20. 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.
21. AMENDMENT OF COMPREHENSIVE PLANS. Consistent with §171.203(9), Florida
Statutes, the Parties shall no later than 6 months from the Effective Date make a good faith effort
to amend their respective intergovernmental coordination elements of their comprehensive plan
as described in § 163.31.77(6)(h)(1), Florida Statutes, to establish consistency and compliance
with this Agreement as well as to address areas of economic development, which may include
employment centers, industrial, commercial, and multi -family uses. Consistent with
§171.203(11), Florida Statutes, and within the time frame established above, CLERMONT shall
make a good faith effort to adopt a municipal service area as an amendment to its comprehensive
plan to address future possible municipal annexation
COMPLIANCE WITH CHAPTER 171, PART II, FLORIDA STATUTES The parties agree
that this Agreement meets the requirements of Chapter 171, Part II, Florida Statutes (2012).
22. ADOPTION BY MUNICIPALITY. Pursuant to §171.203(14), Florida Statutes, CLERMONT
shall adopt this Agreement by ordinance in accordance with § 166.041, Florida Statutes
23. ADOPTION BY COUNTY. Pursuant to §171.203(14), Florida Statutes, COUNTY shall
adopt this Agreement by ordinance in accordance with § 125.66, Florida Statutes.
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Clermont ISBA age 11 of 18
\\cttyhalBshares\Econonnc DevelopmentVIUTTT\ISBA\Clermont\Clermont ISBA 6-10-14 adopt docx
24 RECORDING. Pursuant to F S. 163 01(11), this Agreement shall be recorded with the Clerk of
the Circuit Court of Lake County, Florida, within thirty (30) days of final execution.
P
Clermont ISBA age 12 of 18
Ucrtyhallishares\Economuc DevelopmentUH1T \ISBA\Clermont\Clermont ISBA 6-10-14 adopt docx
Interlocal Service Boundary Agreement Between the City of Clermont and Lake County.
BOARD OF COUNTY CONMUSSIONERS
LAKE COUNTY, FLORIDA
'im�fiy o e Chairman
T�vs day of , 2015
Approved as to form d legality:
S6MiA A. Minkoff
County Attorney
Page 13 of 18
Clermont ISBA
\\cityhall\shares\Economu DevelopmentUHITIIISBA\Clermont\Clermont ISBA 6-10-14 adopt docx
Interlocal Service Boundary Agreement Between the City of Clermont and Lake County
CITY OF CLERMONT, FLORIDA
This �raay of s�„h p , 2014.
Tracy
City
Approved a Ifornmn and legality:
P
Clermont ISBA age 14 of 18
\\cttyhall\chares\Economtc DevelopmentVMTIMSBA\Clermont\Clermont ISBA 6-10-14 adopt docx
EXHIBITS
Exhibit A: Interlocal Service Boundary Area Map
Exhibit B: Addressing Standards
Page 15 of 18
Clermont ISBA
\\cityhall\shams\Economic DevelopmentVHrMSBA\Clermont\Clermont ISBA 6-10-14 adopt docx
V k
HI,
EXIIIBIT B: ADDRESSING STANDARDS
(Page 1 of 2)
Clermont Addressing Obligations
A. Adopt and use the Lake County assigned addresses produced and included in the system
in its own records and dealings
B Appoint a person within its organization to serve as a liaison with Lake County
Addressing personnel for purposes of receiving and disseminating information within the Participant's
jurisdiction and reporting needs, complaints or other information to the Lake County Addressing
personnel, particularly to notify the Lake County Addressing personnel of new structures, subdivisions or
other properties within Participant's boundaries which may require addressing and of any new or
realigned routes (streets, highways, roads, etc. by whatever designation) and cooperate in identifying the
same for geocoding by the County The reporting and accuracy of this information is the sole
responsibility of Clermont, and Clermont will assume full liability as it relates to City address reporting
and verification.
The above reporting requirement may be changed by County Manager or designee by giving
fifteen (15) days written notification to City.
C. Provide Lake County Addressing a digital copy of Clermont addressing grid, or if
unavailable any documents or knowledge that would assist in recreating this grid digitally to be used to
address for the cities but to do so with the cities current addressing grid. Lake County will not be using
the Lake County grid (accept where appropriate and agreed upon).
D. Consult with the Lake County Addressing personnel in the assignment of street names,
ranges, and addresses in order to avoid unnecessary changes and to make the addresses standard
consistent, unique and unambiguous.
E. Propagate the system to its residents and promote adoption of the system by its residents,
particularly notifying residents to change address numbers on signs and buildings within its boundaries to
conform with the System (that will use NENA addressing naming standards i.e. AVE instead of AV)
within 30 days from the date of this Memorandum of Understanding.
Page 17 of 18
Clermont ISBA
\\cityhaH\sharas\Economic DevelopmentVMTT\ISBA\Clermont\Clermont ISBA 6-10-14 adopt docx
EXIIIBIT B: ADDRESSING STANDARDS
(Page 2 of 2)
County Addressing Obligations
A. Consult with Participants in the initial establishment of the System, pursuant to the
proposed Ordinance;
B. Operate and maintain the said System in accordance with said Ordinance as it may be
enacted by Lake County;
C. Furnish computing equipment, software and personnel required to maintain the databases
at the Lake County Department of Information Technology, GIS Division; and
D. Convey all relevant additions and changes to the database to all Participants by email and
or letter as soon as they are incorporated in the system.
E. County properties annexing into Clermont may be subject to an address change if it is
determined by service providers that existing addresses of the surrounding area would create a confusing
addressing system. Inconsistencies in addressing patterns may result in inefficiencies and/or a potentially
life threatening situation with regard to providing services, including police, fire, mail, etc.
P
Clermont ISBA age 18 of 18
\knyhallisharesTconomuc DevelopmentVM ISBA\Clermont\Clermont ISBA 6-10-14 adopt docx
SANFORD A. MINKOFF'
County Attorney
smtnkoff@lakecountyfl gov
October 1, 2014
VIA CERTIFIED MAIL
Ms Tracy Ackroyd
City Clerk
City of Clermont
Post Office Box 120219
Clermont, FL 34712
LADE COUNTY
F L 0 R I D A
COUNTYATTORNEY'S OFFICE
MELANIE N MARSH'
Deputy County Attorney
mmarsh@lakecountyfl gov
'Board Certification in City County and Local Government Law
RE Astatula - Interlocal Services Boundary Agreement (ISBA)
Dear Ms Ackroyd,
ERIN HARTIGAN-V
Assistant County Attorney
ehartigan@lakecountyfl gov
On May 12, 2014, the City of Astatula adopted Resolution 2014-D initiating negotiations with
Lake County to enter into an ISBA In response, I have attached Lake County's Resolution 2012-
122
If you have any questions, please feel free to give me a call
Sincerely,
1�� -/I
Sandra Lara
Legal Office Associate
Enclosure
S \DOCUMENT\2014\GROWTH MANAGEMENT\Astatula ISBA\Respondmg Resolution letters\Letter doc
PO BOX 7800 0 315 W MAIN ST 0 SUITE 335 0 TAVARES, FL 32778-7800 0 P 352 343 9787 O F 352 343 9646
N Board of County Commissioners O www lakecountyfl gov
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RESOLUTION 2014 - /
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA, REGARDING THE TOWN OF
ASTATULA'S REQUEST TO INITIATE THE PROCESS SPECIFIED IN
SECTION 171203, FLORIDA STATUTES, TO NEGOTIATE AN
INTERLOCAL SERVICE BOUNDARY AGREEMENT
WHEREAS, the Town of Astatula adopted Resolution 2014-D on May 12, 2014 (the
"Initiating Resolution"), inviting Lake County to begin negotiations towards the entering of an
Intei local Service Boundary Agreement as authoi ized by Floi ida Statutes, and
WHEREAS, Lake County wishes to participate in negotiations with the Town of
Astatula and any othei interested municipality or special dish ict regarding this matter
NOW, THEREFORE, BE IT RESOLVED by The Boat d of County Commissioners of
Lake County, Floiida, as follows
Section 1 Recitals The foregoing recitals ate tiue and correct and
incoipot ated herein by reference
Section 2. Response pursuant to Section 171203, Flarrla Statutes
A The Board of County Commissioners wishes to patticipate in the negotiation of a
possible Intetlocal Service Boundary Agteement with the Town of Astatula and any other
interested municipality of special distitct which wishes to pat ticipate
B The Board of County Commissionets consents to the list of issues set forth by the
City in the Initiating Resolution
C The County Managei shall, within seven (7) days of the date of this Responding
Resolution, ptovide a copy of this resolution by United States certified mail to the chief
administrative officer of the following the Towns of Lady Lake, Montvet de, and Howey-
in-the-Hills, and the Cities of Cleimont, Mmneola, Gioveland, Mascotte, Mount Dora, Eustis,
Tavares, Umatilla, Leesburg, Tavares and Fiuttland Park
Section 3 Effective Date. This Resolution shall become effective upon
adoption by the Board of County Commissioners
S \OOCUMENT\2014\GROWTH MANAGEMENT\Astatula ISBA\Responding Resolution—Astatula ISBA_9 10-14 docz
I Resolution 2014 - /91 , Resolution Regarding Astatula 's Request to Initiate an rnterlocal Service Boundary Agreement-
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4 PASSED AND ADOPTED this c Z day of �►.eT , 2014
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15 Net Cel i, C rk oft
'l6� Boaid,ofCourty Co r 1 tuners
17 of Lake County, Florida
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ApprovedastoForman Legality
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23 24 Sanford A Minkoff
25 County Attorney
BOARD OF COUNTY COMMISSIONERS
LAKE-GQUNTY_ FLORIDA
Jim C nnei, Chan man
Th ay of Lkick, 2014
S \DOCUMEtdT\2014\GROWTH MANAGEMENT\Astatula ISBA\Responding Resolution_Astatula ISBA_9 10-14 docz
SAN FORD A. MINKOFF`
County Attorney
sminkoff@lakecountyfl gov
October 28, 2014
VIA CERTIFIED MAIL
Ms Tracy Ackroyd
City Clerk
City of Clermont
Post Office Box 120219
Clermont, FL 34712
1'
LAKICOUNTY
F L 0 R I D A
COUNTYATTORNEY'S OFFICE
MELANIE N MARSH`
Deputy County Attorney
mmarsh@lakecountyfl gov
'Board Certification in City County and Local Government Law
RE Mount Dora - Interlocal Services Boundary Agreement (ISBA)
Dear Ms Ackroyd,
ERIN HARTIGAN A?
Assistant County Attorney
ehartigan@lakecountyfl gov
On June 18, 2013, the City of Mount Dora adopted Resolution 2013-12 initiating negotiations
with Lake County to enter into an ISBA In response, Lake County has initiated Resolution
2014-128 which is attached
If you have any questions, please feel free to give me a call
Sincerely,
Sandra Lara
Legal Office Associate
Enclosure
S \DOCUMENT\2014\GROWTH MANAGEMENT\Mount Dora ISBA\Imtiahng Reso Letters\Letter docx
PO BOX 7800 ♦ 315 W MAIN ST ♦ SUITE 335 ♦ TAVARES, FL 32778-7800 ♦ P 352 343 9787 ♦ F 352 343 9646
Board of County Commissioners ♦ www lakecountyfl gov
I RESOLUTION 2014 - I 19
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4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
5 LAKE COUNTY, FLORIDA, INITIATING THE PROCESS SPECIFIED
6 IN SECTION 171.203, FLORIDA STATUTES, TO NEGOTIATE AN
7 INTERLOCAL SERVICE BOUNDARY AGREEMENT WITH THE CITY
8 OF MOUNT DORA AND ANY OTHER INTERESTED MUNICIPALITY
9 OR SPECIAL DISTRICT; AND PROVIDING FOR AN EFFECTIVE
10 DATE.
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13 WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163 01, Florida
14 Statutes, encourages and permits local governments to make the most efficient use of their
15 powers by cooperating with one another on matters of mutual interest and advantage, and
16 provides for interlocal agreements between local governments on matters such as annexation and
17 joint planning, and
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19 WHEREAS, the Florida Legislature enacted the Interlocal Service Boundary Agreement
20 Act, Chapter 171, Part II, Florida Statutes, to provide an alternative process for local
21 governments regarding the annexation of territory into a municipality and the subtraction of
22 territory from the unincorporated area of the county, to encourage local governments to jointly
23 determine how to provide services to residents and property in the most efficient and effective
24 manner while balancing the needs and desires of the community, to establish a more flexible
25 process for adjusting municipal boundaries, to encourage intergovernmental coordination in
26 planning, service delivery and boundary adjustments and to reduce intergovernmental conflicts
27 and litigation between local governments, to promote sensible boundaries that reduce the costs of
28 local governments, avoid duplicating local services, and increase political transparency and
29 accountability, and to prevent inefficient service delivery and an insufficient tax base to support
30 the delivery of those services, and
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32 WHEREAS, the Lake County Board of County Commissioners has identified certain
33 lands, the boundary of which is depicted in Exhibit "A" (hereinafter referred to as the Interlocal
34 Service Boundary Area or the ISBA), and certain matters and issues generally relating to service
35 delivery and annexation, more specifically identified herein, both of which are appropriate
36 subjects for negotiation between the City of Mount Dora and Lake County, and
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38 WHEREAS, the Board of County Commissioners deems it to be in the best interest of
39 Lake County to negotiate an Interlocal Service Boundary Agreement with the City of Mount
40 Dora pursuant to the provisions of Chapter 171, Part H, Florida Statutes, and
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42 WHEREAS, Lake County wishes to extend an invitation to participate in ISBA
43 negotiations to the City of Mount Dora and to any other interested municipality or special district
44 regarding this matter
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Lake County, Florida, as follows
Section 1. Recitals. The foregoing recitals are true and correct and incorporated
herein by reference
Section 2. ISBA Ne2ot►ations Pursuant to Section 171.203, Florida Statutes.
A The Lake County Board of County Commissioners wishes to participate in the
negotiation of a possible Interlocal Service Boundary Agreement with the City of Mount Dora
and any other interested municipality or special district that desires to participate
B The Lake County Board of County Commissioners identifies for discussion and
negotiation the municipal and unincorporated area depicted in "Exhibit A", attached hereto and
incorporated herein, and the following matters
(1) Service delivery and service areas,
(2) Fiscal responsibilities,
(3) Boundary adjustment,
(4) Public safety,
(5) Fire, emergency rescue, and medical services,
(6) Water and wastewater,
(7) Road ownership, construction, and maintenance,
(8) Conservation, parks, and recreation,
(9) Stormwater management and drainage,
(10) Utility services and infrastructure,
(11) Annexation,
(12) Land use decisions within the ISBA area, and
(13) Joint use of facilities and colocation of services
C The County Manager shall, within seven (7) days of the date of this Resolution,
provide a copy of this Resolution by United States certified mail to the chief administrative
officer of the following the Towns of Lady Lake, Montverde, Howey-m-the-Hills, and Astatula,
and the Cities of Clermont, Minneola, Groveland, Mascotte, Tavares, Eustis, Mount Dora,
Umatilla, Leesburg, and Fruitland Park
Section 3. Effective Date This Resolution shall become effective upon
adoption by the Board of County Commissioners
S \DOCUMEN11201AGROWIH MANAGEMEN Wount Dora IS]WResolution 2014 Vmtiatmg Resolution_ Mount Dora ISBA_8 14 14 d= Page 2
1 Resolution 2014 -k Z b I Resolution Requesting Negotiation of an Interlocal Service Boundary Agreement with the City of Mount Dora
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PASSED AND ADOPTED this 1,-( day of OZ> `6�- , 2014
of the,
1� ,, u , " �� V;jlorida
S / 1
2,t�
2y - 3r
23 Appioved as to Form d Legality
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28 Sanford A Minkoff
29 County Attorney
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BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
of , 2014
S WOCUMEN112014\GROWTH MANAGEN EN'nMount Dom ISBAUtesolutton 2014 Umtlatmg Resolutlon_Mount Dora ISBA_8 14 14 do"
Page 3
EXHIBIT "A"
S \DOCUNMNMO14\GROWTH MANAGEMENnMount Dora ISBA\Resolution 2014 —\Irutiatmg Resolution_ Mount Dora ISBA_8 14 14 docx Page 4
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