Article LXIX. INTERLOCAL SERVICE BOUNDARY AND JOINT PLANNING AGREEMENT  

WHEREAS , the County possesses Home Rule powers pursuant to Article Vill, Section 1(g), Florida Constitution and Section 125.01, Florida Statutes: and,

WHEREAS , the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, encourages and empowers local government to cooperate with one another on matters of mutual interest and advantage, and provides for interlocal agreements on matters such as annexation and joint planning; and,

WHEREAS , the Municipal Annexation or Contraction Act, Chapter 171, Part I, Florida Statutes, and the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes, recognizes the use of interlocal service boundary agreements and joint planning agreements as a means to coordinate future land use and public facilities and services, and,

WHEREAS , the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, requires that counties and cities include in their respective planning efforts intergovernmental coordination and mechanisms for identifying and implementing joint planning areas; and,

WHEREAS , the Florida State Comprehensive Plan requires local governments to direct development to those areas which have in place the land and utility resources, fiscal abilities and service capacities to accommodate growth in an environmentally acceptable manner; and,

WHEREAS , the State Comprehensive Plan requires local governments to protect the substantial investment in public facilities that already exist and to plan for and finance new facilities in a timely, orderly, and efficient manner; and,

WHEREAS , the City and the County wish to identify lands that are logical candidates for future annexations, the appropriate land uses and infrastructure needs and provider for such lands, and ensure protection of natural resources; and,

WHEREAS , the extension of the City and County facilities and services are most efficiently provided if the process of long range planning, annexation, and development review processes for the City and County is clearly identified in advance of County capital planning, commitment, and expenditure; and,

WHEREAS , the City Council and County Commission, after due consideration and deliberation, including joint meetings for the purpose of considering the agreement adopted by this Ordinance, have determined that the lands included in the Municipal Service Area (MSA) described herein will be necessary to reasonably accommodate urban growth projected by the City, and the City is able to provide the appropriate supporting urban infrastructure during the term of this Agreement; and,

WHEREAS , the Agreement adopted pursuant to this ordinance is entered into pursuant to the authority of Article VIII of the Florida Constitution and Chapters, 125, 163, 166 and 171, Florida Statutes (2010); and,

WHEREAS , the City and County have found a necessity for a Joint Planning Agreement between the City and the County, a fully executed copy of the agreement is attached hereto and made a part of this ordinance, to be codified in full.

NOW THEREFORE , be it ordained by the Board of County Commissioners of Sumter County, Florida, as follows:

SECTION 1. AGREEMENT : The Interlocal Service Boundary and Joint Planning Agreement between the City of Coleman and Sumter County, attached hereto, is hereby adopted and incorporated herein, to be codified as a provision of the Sumter County Code, along with the terms of this Ordinance.

SECTION 2. CONFLICT : All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.

SECTION 3. SEVERABILITY : Ifany section, subsection, sentence, clause, phrase of this ordinance, or any particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby.

SECTION 4. EFFECTIVE DATE: This ordinance shall take effect upon final approval by the City Council of the City of Coleman and the final approval by the Sumter County Commission of an ordinance adopting the attached Agreement, whichever date is later.

DONE AND ORDAINED this 22nd day of November 2016, by the Board of Sumter County Commissioners, Sumter County, Florida.

(Ord. No. 2016-22, 12-12-16)