Article XIX. MASTER INTERLOCAL SERVICE BOUNDARY AND JOINT PLANNING AGREEMENT BETWEEN THE CITY OF BUSHNELL AND SUMTER COUNTY  

This Master Interlocal Service Boundary and Joint Planning Agreement (the "Agreement") is made and entered into this 14th day of December, 2010, by and between the City of Bushnell ("City"), and Sumter County ("County").

WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Article VIII, Section 2(b), Florida Constitution and Section 166.021, Florida Statutes; and

WHEREAS, the County possesses Home Rule powers pursuant to Article VIII, 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 between local governments 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, public facilities and services, and protection of natural resources in advance of annexation; 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 particularly, mechanisms for identifying and implementing joint planning areas; and

WHEREAS, the State Comprehensive Plan requires local governments to direct development to those areas which have in place the land and water 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, infrastructure needs 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 and timing of long range planning, annexation, and development review processes for the City and County are clearly identified and part of a coordinated countywide planning in advance of the City and County capital planning, commitment, and expenditure; and

WHEREAS, the agreement of the County to waive its rights to contest future annexations within a defined geographic area, pursuant to the conditions provided herein, and refrain from proposing or promoting any Charter form of governance, pursuant to Chapter 125.60, Florida Statutes, that negates the terms and conditions of this Agreement are a material inducement to the City to enter into this Agreement; and

WHEREAS, the agreement of the City to undertake annexation, joint planning efforts, and coordination of public services and infrastructure in a manner that is part of a countywide planning effort are a material inducement to the County to enter into this Agreement; and

WHEREAS, the City Commission and County Commission, after due consideration and deliberation, has determined that the lands included in the Municipal Service Area (MSA) described herein may be necessary to reasonably accommodate urban growth projected in the City, and the City is able to provide the appropriate supporting urban infrastructure during the term of this Agreement; and

WHEREAS, the City and the County find that the benefits of intergovernmental communications and coordination will accrue to both Parties; and

WHEREAS, the elected officials of the City and the County have met and negotiated in good faith to resolve issues relating to annexation and joint planning and coordinated provision of public services and infrastructure and wish to memorialize their understanding in this Agreement; and

WHEREAS, this Agreement is entered into pursuant to the authority of Article VIII of the Florida Constitution and Chapters, 125, 163, 166 and 171, Florida Statutes (2008).

NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree as follows:

1.

Incorporation of Preamble. The Preamble above is true and correct and incorporated into this Agreement as if fully set forth herein.

2.

Incorporation of Sub-Agreements. The following sub-agreements, attached hereto, are fully incorporated as if fully set forth herein and address the issues within the City's initiating resolution and the County's responding resolution:

a.

Planning Services

b.

Water and Sewer Services

c.

Roads

d.

Building Services

e.

Parks and Recreation Services

f.

Fire Services

g.

Library Services

h.

Workforce Housing Services

i.

Solid Waste Services

j.

Stormwater Services

k.

Geographic Information Systems

l.

Law Enforcement

m.

Mosquito Control

n.

Animal Control

o.

Transit

p.

Economic Development

3.

Uniformity of Master and Sub-Agreements. The County is negotiating similar Agreements and Sub-Agreements with other cities in the county. The County shall assure, to the greatest extent feasible, that benefits and responsibilities within the Agreements and Sub-Agreements related to consolidated, county managed local government services which were formerly managed by the cities prior to execution of the agreements shall be equal between each city. If the County grants a greater benefit to any other city, the City shall be given an opportunity to obtain an equivalent benefit. The County shall not deny the City such equivalent benefit unless it would be unreasonable to grant said benefit.

4.

Term of Agreement. This Agreement and all attached sub-agreements shall take effect upon final adoption of the ordinances adopting this agreement enacted by the County and the City. The effective date shall be the date of final adoption by the City or County, whichever is later. The initial term of the Agreement shall be three (3) years from the effective date of the Agreement. At the end of the third year, the County and City shall review the effectiveness and performance of this Agreement and Sub-Agreements. Based upon the review, this Agreement and Sub-Agreements may:

a.

Extend for an additional term not to exceed 20 years from the effective date of this Agreement; or

b.

Amend the Agreement and/or Sub-Agreements and extend for an additional term not to exceed 20 years from the effective date of this Agreement; or

c.

Terminate the Agreement and/or Sub-Agreements. If the Agreement or a Sub-Agreement is terminated, the City and County shall agree to a reasonable time period, not less than 90 days or more than 180 days, to facilitate the termination. If terminated within the initial three (3) year period, then any infrastructure, facilities, consolidated or coordinated service shall revert to its status that existed prior to adoption of the Agreement unless otherwise provided in a separate agreement.

5.

Renewal of Agreement. Pursuant to Chapter 171.203(12), Florida Statutes, if the Agreement is extended beyond the initial three (3) year period for any length of time up to 20 years from the effective date of this Agreement, then the City and County shall initiate negotiations for the renewal and extension of this Agreement beyond the 20 year term no later than 18 months prior to the termination of the 20 year term.

6.

Termination of Agreement. The County or City may terminate this Agreement at anytime upon delivery of a notice of termination to the other Party at least 180 days prior to the proposed date of termination. A Party delivering such a notice of termination as aforesaid may, in such Party's sole discretion, revoke such notice of termination at any time prior to the termination date.

7.

Dispute Resolution. The County and City agree to resolve any dispute related to the interpretation or performance of this Agreement in the manner described in this section. Either Party may initiate the dispute resolution process by providing written notice to the other Party. Initiation of the dispute resolution process shall operate as a stay of the action which is the subject of the dispute.

a.

Notwithstanding the foregoing, in the event that either Party determines in its sole discretion and good faith that it is necessary to file a lawsuit or other formal challenge in order to meet a jurisdictional time deadline, to obtain a temporary injunction, or otherwise to preserve a legal or equitable right related to this Agreement, such lawsuit or challenge may be filed, but upon the filing and any other act necessary to preserve the legal or equitable right or to obtain the temporary injunction, the Parties shall thereafter promptly file a joint motion with the reviewing court or administrative law judge requesting that the case be abated in order to afford the Parties an opportunity to pursue the dispute resolution procedures set forth herein. If the abatement is granted, the Parties shall revert to and pursue the dispute resolution procedures set forth herein.

b.

Within ten (10) days of the abatement order, the allegedly aggrieved party shall then effect the transmittal of a notice of conflict, in the form of a certified letter, to all governmental bodies involved in the dispute at issue. Upon receipt of the notice, which shall specify the areas of disagreement, the Parties agree to conduct a conflict assessment meeting at a reasonable time and place, as mutually agreed upon, within thirty (30) days of receipt of the notice of conflict.

c.

If discussions between the Parties at the conflict resolution meeting fail to resolve the dispute, within forty (40) days of the receipt of the notice described in subparagraph a, above, the Parties shall conduct mediation in the presence of a neutral third party mediator. If the Parties are unable to agree upon a mediator, the County shall request appointment of a mediator by the Chief Judge of the Circuit Court in and for Sumter County, Florida. The mediation contemplated by this Section is intended to be an informal and non-adversarial process with the objective of helping the Parties reach a mutually acceptable and voluntary agreement. The decision-making shall rest solely with the Parties. The mediator shall assist the Parties in identifying issues, fostering joint problem-solving and exploring settlement alternatives.

d.

If the Parties are unable to reach a mediated settlement, within fifty (50) days of the receipt of the initial notice of conflict, the parties shall hold a joint intergovernmental meeting. If the joint intergovernmental meeting does not successfully resolve the issues identified in the notice of conflict, the entities participating in the dispute resolution procedures described herein may avail themselves of any otherwise available rights, including the suspension of abatement of existing actions.

e.

The Parties agree that this dispute resolution procedure satisfies the requirements of Chapter 164, Florida Statutes.

8.

Duplication of Services. The Parties hereto agree that if any Party undertakes any action which will result in overlapping, competition, or duplication in the current service delivery arrangements or in the future service delivery strategy described in this Agreement, that Party shall notify the other Parties to this Agreement, in accordance with Florida law. Further, the transfers of any lands, transportation facilities (including roadways), parks, or any other public facilities under the terms of this Agreement shall not be reversed if this Agreement is terminated after the initial 3 year term, except though a separate agreement in writing approved by both Parties.

9.

Noticing. All notices, consents, approvals, waivers, and elections that any Party requests or gives under this Agreement will 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 will be delivered or mailed to the addresses set forth below or as either Party may otherwise designate in writing.

Notices, consents, approvals, waivers, and elections will be deemed given when received by the Party for whom intended.

10.

Sole Benefit. This Agreement is solely for the benefit of the County and City, 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 of the provisions, representations, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the Parties and their respective representatives, successors and assigns.

11.

Authority. The County and City each represent and warrant to the other its respective authority to enter into this Agreement, acknowledge the validity and enforceability of this Agreement. The County and City hereby represents, warrants and covenants this Agreement constitutes a legal, valid and binding contract enforceable by the Parties in accordance with its terms, and that the enforceability hereof is not subject to any impairment by the applicability of any public policy or police powers.

12.

Enforcement. This Agreement shall be enforceable by the Parties hereto by whatever remedies are available in law or equity, including but not limited to injunctive relief and specific performance.

13.

Defense. If this Agreement or any portion hereof is challenged by any judicial, administrative, or appellate proceeding (each Party hereby covenanting with the other Party not to initiate or acquiesce to such challenge or not to appeal any decision invalidating any portion of this Agreement), the Parties collectively and individually agree, at their individual sole cost and expense, to defend in good faith its validity through to a final judicial determination, unless both Parties mutually agree in writing not to defend such challenge or not to appeal any decision invalidating any portion of this Agreement.

14.

Periodic Review. Each month, during the term of this Agreement, the City Manager or City's designee and County Administrator shall meet to discuss and resolve any issues or concerns related to this Agreement.

15.

Amendments. Amendments may be proffered by either Party at any time. Proposed amendments shall be in writing and must be approved by a majority of the governing boards of each Party or shall be considered not adopted.

16.

Supremacy. The Parties agree and covenant, having given and received valuable consideration for the promises and commitments made herein, it is their desire, intent and firm agreement to be bound by and observe the terms of this Agreement wherever such terms are more stringent than those subsequently enacted by the Legislature. Should the terms of this Agreement conflict with previous agreements between the Parties, the terms of this Agreement shall control.

17.

Entire Understanding. Except as otherwise set forth herein, this Agreement embodies and 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.

18.

Governing Law and Venue. The laws of the State of Florida shall govern this Agreement, and venue for any action to enforce the provisions of this Agreement shall only be in the Circuit Court in and for Sumter County, Florida. Federal Jurisdiction and venue, if applicable shall only be in the Middle District of Florida, Tampa Division. If circumstances arise which cause a conflict between this paragraph and paragraph 7 ("Dispute Resolution") paragraph 7 shall control.

19.

Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provision hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

20.

Compliance with Chapter 171, Part II, Florida Statutes. The Parties agree that this Agreement meets the requirements of Chapter 171, Part II, Florida Statutes.

21.

Amendment of Intergovernmental Coordination Element of Comprehensive Plans. Consistent with Section 171.203(9), Florida Statutes, the Parties, within six (6) months of the effective date of this Agreement, shall amend their respective Intergovernmental Coordination elements of their adopted Comprehensive Plans to establish consistency and compliance with this Agreement.

22.

Future Charter Governance. The Parties agree that in the event the County pursues implementation of a Charter form of governance, pursuant to Section 125.60, Florida Statutes, that requires a joint planning agreement or similar agreement as a condition for future annexations or to otherwise provide restrictions or conditions on planning, design or other development or regulatory functions and prerogatives currently within the authority of municipalities located in the County, that this Agreement shall constitute full compliance with such a requirement. The County agrees to provide the City with notice and an opportunity to provide Charter language sufficient to accomplish this purpose. During the term of this Agreement, the County shall not propose or adopt any Charter that negates the terms and conditions of this Agreement.

23.

Adoption by County. As required by Section 171.203(14), Florida Statutes (2008), meetings of the County after final execution of this agreement and all subagreements by all parties, the County shall adopt this agreement by ordinance pursuant to Section 125.66, Florida Statutes at or before the next regular meeting.

24.

Adoption by City. As required by Section 171.203(14), Florida Statutes, at or before the next regular meeting of the City after final execution of this agreement and all its subagreements by all parties, the City shall adopt this agreement by ordinance pursuant to Section 166.041, Florida Statutes.

IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on behalf of the respective party set forth below, pursuant to the authority granted to each of the undersigned in the ordinance by which each party approved and adopted this Agreement.

(Ord. No. 2010-24, 12-14-10)