Resolution No. 2019-04R CITY OF CLERMONT
CSR NT
0.xe d Chrrpioin RESOLUTION NO. 2019-04R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPROVING THE
INTERLOCAL SERVICE BOUNDARY AGREEMENT AMENDMENT
BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida, that:
SECTION 1.
The City Council does hereby approve the acceptance of the Interlocal Service Boundary
Agreement Amendment between Lake County and the City of Clermont regarding amending
portions of the original agreement to clarify portions of Schofield Road, subject to the conditions
contained in the agreement as incorporated and attached hereto.
SECTION 2.
This Resolution shall take effect immediately upon its adoption.
1
CSR' CITY OF CLERMONT
d RESOLUTION NO. 2019-04R
ChcireDONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 8th day of January, 2019.
CITY OF CLERMONT
,0" Z4/_
Gail L. Ash, M.yor
ATTEST:
H ., ► v
Tracy AckroyI Howe, City Clerk
Approved as to form and legality:
I/1AM
Dame iaris, orney
AMENDMENT TO INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE CITY OF CLERMONT AND LAKE COUNTY, FLORIDA
This Amendment to the Interlocal Service Boundary Agreement (the "Agreement"), is
made by and between the City of Clermont, a Florida municipality ("City"), and Lake County, a
political subdivision of the State of Florida("County").
WHEREAS, on December 2, 2014, the County did pass Ordinance No. 2014-71, which
adopted the Agreement between the parties;and
WHEREAS, Section 3(c) of the original Agreement included a provision that when the
City 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; and
WHEREAS, Section 3(d)of the original Agreement included a provision which required
the City to assume maintenance of a right-of-way upon annexation of a sum greater than fifty
percent(50%)of the existing frontage of properties abutting any specific right-of-way,other than
a State of Florida operated and maintained rights-of-way; and
WHEREAS, Schofield Road is planned as a major collector roadway that will connect
Wellness Way to Orange County; and
WHEREAS, the County has an agreement in place with Cemex Construction Materials
Florida, LLC, Lake Louisa, LLC, South Lake Crossings I, LLC, South Lake Crossings II, LLC,
South Lake Crossings III, LLC, South Lake Crossing IV, LLC, Catherine E. Ross Groves, Inc.,
Clonts Groves, Inc., and Cra-Mar Groves, Inc. ("Settlement Agreement") for the, design and
permitting,of construction of improvements to Schofield Road and the dedication of right-of-way
and property needed for such improvements and construction of the road as agreed in the
Settlement Agreement; and
WHEREAS, the parties now desire to amend these portions of the Agreement to clarify
that all portions of Schofield Road, including all property needed for improvements to and for
construction of the road, shall remain within the jurisdiction of the County and shall not transfer
to the City except as provided for herein.
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 to
amend the Agreement as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by
reference.
2. Amendment. The parties hereby agree that the City is not required to annex any
portion of Schofield Road pursuant to Section 3(c) of the Agreement, and jurisdiction over and
maintenance of all portions of Schofield Road located in Lake County, including existing and to-
be-dedicated right-of-way,and property needed for improvements to and construction of the road,
:kmendment to the Interlocal',entre Boundan:\greement Bet een bake('ount and the City of Clermont
shall remain with the County,and shall not transfer to the City,even if the City annexes any such
/A, ,if v.;747p:
portions of Schofield Road,or a sum greater than fifty percent(50%)of the existing frontage along
Schofield Road as set forth under Section 3(d) of the Agreement, unless the County elects to
transfer such roadway to the City. In order to effectuate a transfer of Schofield Road, the parties
will either have to execute a joint transfer agreement, or each will be required to adopt a formal
resolution accepting/giving Schofield Road to the other. The parties hereby agree that the County
intends to retain jurisdiction over and maintenance of Schofield Road for the full term of the
Agreement, including any extensions thereof.
3. Other Provisions. All other provisions of the original Agreement shall remain in
full force and effect unless otherwise amended in writing by the parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: County,through its Board of County Commissioners,
signing by and through its Chairman, authorized to execute same by Board action, and the City,
through its duly authorized representative.
a,�' r.. CITY
d
;�; ATTEST:ift
CITY OF CLERMONT, FLORIDA
itif...f•i:' .' ,'. , - - ',/ fi, , , .20-4----- 40
7 t *Le, .4! .41.17 !III-rifie /
4:11'1'(/_.. f ` Cit Clerk Gail L. Ash, ayer
,, , ' c}y Ackroyd Howe, Y Y
:' :,-.#'-` This,t 9day of Jar)(.Q , 20 lcit
f
Approve. *A c e;;i an _
(1404,/,
Danieliy Attorney
2
S:\DOCUMENT12018\ORDINANCES\2018- Clermont ISBA amd\First Amendment 12-5-18 final.docx
•
Amendment to the Interlocal Service Boundary Agreement Between Lake Count and the City of Ckrmont
COUNTY
LAKE COUNTY, FLORIDA,through its
BOARD OF COUNTY COMMISSIONERS
w.•�t
Le e ampione,Chairman
This 12-d�ay of' ;C ,2019.
ATTES
Gp\NTY Co
d
. s
im
Gary J .n Clerk -
Boar. ' ounty Corn t'ssioners `_et Y �oP
of Lake County, Flori t a ecouNry, 05'
Approved as to form and legality:
Melanie Marsh,County Attorney
3
S:\DOCUMEN7120181ORDINANCES12018- Clermont 1SBA amdWirst Amendment 12-5-18 final.docx
INSTRUMENT#: 2019023379 OR BK 5243 PG 594 PAGES: 7 3/1/2019 3: 18: 12 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $61 .00
' COUNTY ATTORNEY
'RETURN315 W MAIN ST
• TAVARES FL 32778
1 Staff Summary
2
3 This ordinance provides for the adoption of an amendment to the Interlocal Service Boundary
4 Agreement(ISBA)between Lake County and City of Clermont,which was previously adopted in
5 Ordinance 2014-71. ISBAs address annexations of non-contiguous properties, annexations and
6 maintenance of right of ways, development applications, land development regulations,
7 comprehensive plan provisions, solid waste, fire hydrants, sharing of equipment and resources,
8 fire and rescue services, E-911 system, and addressing standards. This ordinance adopts an
9 amendment to the Clermont ISBA regarding the maintenance of Schofield Road.
10
11 ORDINANCE NO.2019—09
12
13 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE
14 COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE INTERLOCAL
15 SERVICE BOUNDARY AGREEMENT (ISBA) BETWEEN LAKE COUNTY AND THE
16 CITY OF CLERMONT PREVIOUSLY ADOPTED IN ORDINANCE 2014-71;
17 AMENDING PROVISIONS WITHIN THE ISBA RELATED TO MAINTENANCE OF
18 SCHOFIELD ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
19 EFFECTIVE DATE; AND PROVIDING FOR FILING WITH THE DEPARTMENT OF
20 STATE.
21
22 WHEREAS, the Interlocal Service Boundary Agreement Act (§171.20 - §171.212,
23 Florida Statutes) is intended to "provide an alternative . . . for local governments regarding the
24 annexation of territory into a municipality and the subtraction of territory from the unincorporated
25 area of the county"(§171.201,Florida Statutes);and
26
27 WHEREAS, the principal goal of the Interlocal Service Boundary Agreement Act is to
28 "encourage local governments to jointly determine how to provide services to residents and
29 property in the most efficient and effective manner while balancing the needs and desires of the
30 community"(§171.201,Florida Statutes);and
31
32 WHEREAS,the Interlocal Service Boundary Agreement Act is also intended to"establish
33 a more flexible process for adjusting municipal boundaries and to address a wider range of the
34 effects of annexation" and "to encourage intergovernmental coordination in planning, service
35 delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation
36 between local governments"(§171.201,Florida Statutes);and
37
38 WHEREAS,on August 14,2012,the City of Clermont(hereinafter"Clermont")adopted
39 a Resolution inviting Lake County (hereinafter "County), the City of Minneola, the City of
40 Groveland and the Town of Montverde to participate in the negotiation of an Interlocal Service
41 Boundary Agreement(hereinafter"ISBA")pursuant to §171.203,Florida Statutes;and
42
43 WHEREAS, on October 23, 2012, the County adopted a responding Resolution inviting
44 the Towns of Lady Lake, Montverde, Howey-in-the-Hills, and Astatula, and the Cities of
45 Clermont,Minneola,Groveland,Mascotte,Tavares,Eustis,Mount Dora,Umatilla,Leesburg,and
46 Fruitland Park to participate in the negotiation of an Interlocal Service Boundary Agreement
47 (ISBA)pursuant to§171.203,Florida Statutes;and
INSTRUMENT# 2019023379 OR BOOK 5243/PAGE 595 PAGE 2 of 7
•
• Ordinance No.2019—09;Adopting an Amendment to Interlocal Service Boundary Agreement between Lake County and Clermont
Previously Adopted in 2014-71 Relating to the Maintenance of Schofield Road.
2 WHEREAS, subsequent to Clermont's August 14, 2012 Resolution, representatives for
3 the County and Clermont (collectively, the "Parties") met and negotiated an ISBA addressing
4 annexation of non-contiguous properties, annexation and maintenance of right of way,
5 development applications, land development regulations, comprehensive plan provisions, solid
6 waste, fire hydrants, sharing of equipment and resources, fire and rescue services, E-911 system,
7 and addressing standards; and
8
9 WHEREAS,on July 8, 2014, the County adopted Ordinance 2014-33 which established
10 an ISBA between Clermont and the County,wherein the County added additional language to the
t t ISBA to which Clermont objected;and
12
13 WHEREAS,on December 2,2014,the County repealed and replaced Ordinance 2014-33
14 and adopted Ordinance 2014-71;and
15
16 WHEREAS,the County has an Agreement in place with Cemex Construction Materials
17 Florida, LLC, Lake Louisa, LLC, South Lake Crossings I, LLC, South Lake Crossings II, LLC,
18 South Lake Crossings III, LLC, South Lake Crossing IV, LLC, Catherine E. Ross Groves, Inc.,
t9 Clonts Groves,Inc.,and Cra-Mar Groves,Inc.(hereinafter"Settlement Agreement")for the design
20 and permitting of construction improvements to Schofield Road and the dedication of right-of-way
21 and property needed for such improvements and construction of the road as agreed in the
22 Settlement Agreement;and
23
24 WHEREAS, the Parties now desire to amend the provisions of the ISBA adopted in
25 Ordinance 2014-71 to clarify that all portions of Schofield Road,including all property needed for
26 improvements to and for construction of the road,shall remain within the jurisdiction of the County
27 and shall not transfer to Clermont under the terms of the ISBA;and
28
29 WHEREAS,the Parties have reduced their amended agreement to writing, as set forth in
30 the ISBA Amendment attached hereto as Exhibit"A"(hereinafter"Amendment");and
31
32 WHEREAS, the Amendment attached hereto as Exhibit "A" meets the goals of the
33 Interlocal Service Boundary Agreement Act in that it fosters intergovernmental coordination in
34 planning,service delivery,and boundary adjustments,and promotes efficient and effective service
35 delivery while balancing the needs and desires of the community;and
36
37 WHEREAS,§171.203(14),Florida Statutes,states that when"the local governments have
38 reached an interlocal service boundary agreement, the county . . . shall adopt the agreement by
39 ordinance"; and
40
41 WHEREAS, the County has the authority to enter into the Amendment pursuant to
42 §125.01,Florida Statutes;
43
44 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
45 Lake County, Florida as follows:
46
2
s:\DOCUMEN 2019 ORDwANCES\2019-09 Clamour ISBA Amcodmem re Schofield ReOrdmoxe Adop[ie ISBA Amendment re Schofield Rd fimLdoca
• INSTRUMENT# 2019023379 OR BOOK 5243/PAGE 596 PAGE 3 of 7
• Ordinance No.2019—09;Adopting an Amendment to Interlocal Service Boundary Agreement between Lake County and Clermont
Previously Adopted in 2014-71 Relating to the Maintenance of Schofield Road.
1 Section 1. Recitals. The foregoing recitals are true and correct and incorporated
2 herein by reference.
3
4 Section 2. ISBA Amendment Adoption. The Lake County Board of County
5 Commissioners hereby adopts the Amendment to Interlocal Service Boundary Agreement between
6 Lake County and the City of Clermont, attached hereto and incorporated herein as Exhibit"A."
7 The Chairman is hereby authorized to execute the Amendment.
8
9 Section 3. Other Provisions of ISBA in Ordinance 2014-71. All other provisions
10 of the ISBA referenced in Ordinance 2014-71, recorded in O.R. Book 4588, Page 22, Public
1 t Records of Lake County, Florida, shall remain in full force and effect unless otherwise amended
12 in writing by the parties.
13
14 Section 4. Severability. If any section, sentence, clause, phrase or word of this
15 Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such
16 holding or invalidity shall not affect the remaining portions of this Ordinance; and it shall be
17 construed to have been the Commissioners' intent to pass this Ordinance without such
18 unconstitutional,invalid or inoperative part therein;and the remainder of this Ordinance,after the
19 exclusion of such part or parts shall be deemed and held to be valid, as if such parts had not been
20 included herein; or if this Ordinance or any provisions thereof shall be held inapplicable to any
21 person,groups of persons,property,kind of property,circumstances or set of circumstances,such
22 holding shall not affect the applicability thereof to any other person,property or circumstances.
23
24 Section 5. Effective. This Ordinance shall become effective as provided for by
25 law.
26
27 Section 6. Filing with the Department of State. The Clerk shall be and is
28 hereby directed forthwith to send an electronic copy of this Ordinance to the Secretary of State for
29 the State of Florida in accordance with Section 125.66,Florida Statutes.
30 //,A,
31 Enacted this l�. _
day of � J r1A- ,2019.
32
33Filed with the Secretary of State f�W'Lf I ,2019.
34
35 BOARD OF COUNTY COMMISSIONERS
36 ATTE O / OF LAKE COUNTY,FLORIDA
37
�~�,�
38 •
39 Gary J. ' ••�I ney,Cler t O RTY p, Les e Campione,C airman
40 Board 1ounty Cs ission- "S
41 of Lake ounty,Florida .1 is f day of r ,2019.
42 a, :
•
43 Approved as to form and legalit crie r e
44 "n' a o
l
45p�.Ql�_
46 Melanie Mars
47 County Attorney
3
S:kDOCUb4NR2OI9\ORDMANCESd019-09 Demote ISBA Amendment re Schofield RstQdmioce Adopting(SBA Amadmcet re Schofield Rd fio.docx
INSTRUMENT# 2019023379 OR BOOK 5243/PAGE 597 PAGE 4 of 7
•
1 EXHIBIT A
2 (AMENDMENT TO ISBA TO BE ATTACHED HERE
INSTRUMENT# 2019023379 OR BOOK 5243/PAGE 598 PAGE 5 of 7
AMENDMENT TO INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE CITY OF CLERMONT AND LAKE COUNTY, FLORIDA
This Amendment to the Interlocal Service Boundary Agreement (the "Agreement"), is
made by and between the City of Clermont,a Florida municipality("City"),and Lake County,a
political subdivision of the State of Florida("County").
WHEREAS, on December 2, 2014, the County did pass Ordinance No. 2014-71, which
adopted the Agreement between the parties;and
WHEREAS, Section 3(c) of the original Agreement included a provision that when the
City 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;and
WHEREAS, Section 3(d)of the original Agreement included a provision which required
the City to assume maintenance of a right-of-way upon annexation of a sum greater than fifty
percent(50%)of the existing frontage of properties abutting any specific right-of-way,other than
a State of Florida operated and maintained rights-of-way;and
WHEREAS, Schofield Road is planned as a major collector roadway that will connect
Wellness Way to Orange County;and
WHEREAS, the County has an agreement in place with Cemex Construction Materials
Florida, LLC, Lake Louisa, LLC, South Lake Crossings I, LLC, South Lake Crossings II, LLC,
South Lake Crossings Ill, LLC, South Lake Crossing IV, LLC, Catherine E. Ross Groves, Inc.,
Clonts Groves, Inc., and Cra-Mar Groves, Inc. ("Settlement Agreement") for the, design and
permitting,of construction of improvements to Schofield Road and the dedication of right-of-way
and property needed for such improvements and construction of the road as agreed in the
Settlement Agreement;and
WHEREAS, the parties now desire to amend these portions of the Agreement to clarify
that all portions of Schofield Road, including all property needed for improvements to and for
construction of the road, shall remain within the jurisdiction of the County and shall not transfer
to the City except as provided for herein.
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 to
amend the Agreement as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by
reference.
2. Amendment. The parties hereby agree that the City is not required to annex any
portion of Schofield Road pursuant to Section 3(c) of the Agreement, and jurisdiction over and
maintenance of all portions of Schofield Road located in Lake County, including existing and to-
be-dedicated right-of-way,and property needed for improvements to and construction of the road,
' INSTRUMENT# 2019023379 OR BOOK 5243/PAGE 599 PAGE 6 of 7
Amendment to the Interlocal Service Boundary Agreement Between Lake County and the City of Ciermoat
shall remain with the County,and shall not transfer to the City,even if the City annexes any such
portions of Schofield Road,or a sum greater than fifty percent(50%)of the existing frontage along
Schofield Road as set forth under Section 3(d) of the Agreement, unless the County elects to
transfer such roadway to the City. In order to effectuate a transfer of Schofield Road,the parties
will either have to execute a joint transfer agreement, or each will be required to adopt a formal
resolution accepting/giving Schofield Road to the other.The parties hereby agree that the County
intends to retain jurisdiction over and maintenance of Schofield Road for the full term of the
Agreement, including any extensions thereof.
3. Other Provisions. All other provisions of the original Agreement shall remain in
full force and effect unless otherwise amended in writing by the parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: County,through its Board of County Commissioners,
signing by and through its Chairman, authorized to execute same by Board action, and the City,
through its duly authorized representative.
,;i�tU u ,
,•., '.i I CITY
iti
ST: CITY OF CLERMONT,FLORIDA
?i:',
.X ; k44-
Traèy
' . , , / e/ .4e#7 /,
Ackroyd Howe,City Clerk Gail L.Ash, ay,r
�, s ` : A This 9 day of`-�CZ.r1(,cQr� ,201
n'
Approve._:•��t:;�t, an• _
mi. ,/,
Daniel . •an y Attorney
2
S:\DOCUMENT\20I8\ORDINANCES\2018- Clermont ISBA amd\First Amendment 12-5-18 final.docx
INSTRUMENT# 2019023379 OR BOOK 5243/PAGE 600 PAGE 7 of 7
Amendment to the Interiors!Service Bounden Agreement Between Lake('ount)and the City of Clermont
COUNTY
LAKE COUNTY, FLORIDA,through its
BOARD OF COUNTY COMMISSIONERS
Ca.vir....---i
l_e e ampione,Chairman
This �7vd�ayofRow.... , 2019.
ATTEST
0 ElyIIIII. "P
Gary J •••ney, Clerk m � .�`.
r
Boar. • ' ounty Com ••ssioners <, / o�
of Lake County, Flori as • �`ecowry. 0.
Approved as to form and legality:
Melanie Marsh,County Attorney
3
S:\DOCUMEN7\20I 81ORDINANCES\20 I 8- Clermont ISM amd\First Amendment 12-5-18 final.docx
TRACY ACKROYD HOWE, MMC
City Clerk
N
CSER o T
352-241-7331
Choice of Champion` Tackroyd@clermontfl.org
January 9, 2019
Lake County Attorney's Office
Attn: Melanie Marsh
P.O. Box 7800
Tavares, FL 32778
Re: Interlocal Service Boundary Agreement for portions of Schofield Road
To Whom It May Concern,
Enclosed herewith for your review and execution, please find a copy of the executed Interlocal Service
Boundary Agreement for portions of Schofield Road which the Clermont City Council approved at the regularly
scheduled meeting on January 8, 2019. Upon execution, please return one of the two provided agreements to my
attention using the self-addressed envelope provided.
If you have any questions or concerns, please do not hesitate to contact our office.
Sincerely,
rlie Zinker
/cz
Encl.
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov
ilral�� "
0.1 I I rilk
LAKE COUNTY
FLORIDA
Real Florida. Real Close.
COUNTY ATTORNEY'S OFFICE
MELANIE MARSH* DIANA JOHNSON
County Attorney Senior Assistant County Attorney
inmarsh@lakeeountgl.gov dmjohnson@lakecountyfl.gov
'Board CertUication in Cit'.County and Local Gor<a•nment Law
March 19, 2019
Tracy Ackroyd Howe
Clermont City Clerk
685 West Montrose Street
Clermont, Florida 34711
Re: Amendment to Interlocal Service Boundary Agreement (ISBA) between Clermont and
Lake County
Dear Tracy:
I have attached an original executed Amendment to the Clermont ISBA along with a copy of Lake
County's Ordinance 2019-09 adopting the ISBA amendment related to Schofield Road that has
been recorded in Public Records. Please let me know if you have any questions.
Sincerely,
PIA!w
t �--
Michelle Wilkinson
Property Manager
Enclosures
•
S:\DOCUMENT12019\ORDINANCES\2019.09 Clermont ISBA Amendment re Schofield Rd Ackroyd hr_w original amendment&ISBA_03-19-19.docx
COUNTY ATTORNEY'S OFFICE
P.O.BOX 7800.315 W.MAIN ST.•SUITE 335•TAVARES,FL 32778-7800•P 352.343.9787•F 352.343.9646
Board al•County Commissioners•www lakecowityfl.go
TIMOTHY I. SULLIVAN SEAN M. PARKS,AICP,QLP WENDY R. BREEDEN LESLIE CAMPIONE JOSH BLAKE
District I District 2 District 3 District 4 District 5