Resolution 2006-236
RESOLUTION NO. 06- 236
A RESOLUTION (INITIATING RESOLUTION) OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO PART II OF
CHAPTER 171, FLORIDA STATUTES (FLORIDA'S INTERLOCAl SERVICE BOUNDARY
ACT) TO COMMENCE THE PROCESS FOR NEGOTIATING AN INTERlOCAl SERVICE
BOUNDARY AGREEMENT REGARDING 98.69 ACRES OF lAND, MORE OR lESS,
DESCRIBED HEREIN AS THE COLLIER PARK OF COMMERCE, PROPOSED TO BE
ANNEXED INTO THE CITY OF NAPLES
WHEREAS, Florida's !nterlocal Service Boundary Act (herein "the Act"), being Chapter 2006-
218, Laws of Florid~, includes sections 171.20, 171.201, 171.202, 171.203, 171.204,
171.205, 171.206, 171.207, 171.208, 171.209, 171.21, 171.211 and 171.212, Florida
Statutes, approved by Governor Bush on June 14, 2006; and
WHEREAS, the Act's principal goals, as stated in the Act's section 171.201, are 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; Also to establish a more flexible process for adjusting municipal boundaries
and to address a wider range of the effects of annexation and to encourage
intergovernmental coordination in planning, service delivery, and boundary adjustments and
to reduce intergovernmental conflicts and litigation between local governments; Also 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 services; and
WHEREAS, as defined in the Act's subsection 171.202(7), this resolution is Collier County's
"initiating resolution" to commence the process for negotiating an interlocal service boundary
agreement and which identifies the County's specified unincorporated area and the County's
designated issues for discussion; and
WHEREAS, as defined in the Act's subsection 171.201 (8), an "Interlocal service boundary
agreement" means an agreement adopted pursuant to the Act between a county and one or
more municipalities, and which may include one or more defined independent special districts
as parties to the agreement; and
WHEREAS, as defined in the Act's subsection 171.202(3), the applicable "independent
special districts" are limited to special districts as defined in Section 189.403, Florida
Statutes, and that provide fire, emergency medical, water, wastewater, and/or stormwater
services; and
WHEREAS, the Act's subsection 171.203(2) specifies that within sixty (60) days after receipt
of this initiating resolution, the City of Naples shall adopt its responding resolution, wherein
the City can identify an additional unincorporated area or incorporated area, or both, for
discussion; Also the City may thereby designate additional issues for negotiation, and
pursuant to the Act's subsection 171.202(15), may designate one other special district; and
WHEREAS, as stated in the Act's subsection 171.203(2)(d), each qualified independent
district that receives the County's initiating resolution can participate in the interlocal service
boundary agreement negotiation process by adopting its resolution indicating such intent; and
WHEREAS, as stated in the Act's subsection 171.203(16), the Act does not authorize one
local government to require another local government to enter into an interlocal service
boundary agreement, but when the process for negotiating an interlocal service boundary
agreement is initiated, the local governments shall negotiate in good faith to the conclusion of
the process established in the Act's Section 171 .203; and
WHEREAS, as defined in the Act's subsections 171.202(4) and (5), Collier County is the
"Initiating County" and is also the "Initiating local government;" and
WHEREAS, pursuant to the Act's subsection 171.203(1), the land area to be discussed
pursuant to this process is described herein as the Collier Park of Commerce, which
according to the application for annexation, consists of 98.69 acres, more or less, which land
area is depicted on the map (the "descriptive exhibit") attached to this Resolution as Exhibit
A; and
WHEREAS, pursuant to the Act's subsection 171.203(1), Collier County's designated issues
to be negotiated are listed below in the body of this Resolution; and
WHEREAS, as defined in the Act's subsection 171.202(9), an "invited local government"
means each invited county, municipality, or special district and any other local government
designated as such in an initiating resolution, or is a responding resolution, that invites the
respective local government(s) to participate in negotiating an interlocal service boundary
agreement; and
WHEREAS, Collier County's two (2) "invited local governments" are the City of Naples (the
County's designated "invited municipality"), and the East Naples Fire Control and Rescue
District, the County's only other "invited local government."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The above WHEREAS clauses are incorporated herein.
2. Collier County, as "the initiating county," hereby designates the City of Naples
as the County's "invited municipality."
3. Collier County, as "the initiating county," hereby also invites the East Naples
Fire Control and Rescue District as the County's other "invited local government."
4. The County's designated land area, all of which is unincorporated, is described
herein as the Collier Park of Commerce, which land areas, which according to the application
for annexation, consists of 98.69 acres, more or less, and which acreage is depicted on the
map attached to this Resolution as Exhibit A (lithe descriptive exhibit"). Based upon the
application for annexation, the legal description of this land area proposed to be annexed into
the City of Naples is:
a. All of East Naples Industrial Park, according to the plat thereof recorded
in Plat Book 10, Pages 114 and 115, of the Public Records of Collier
County; and
b. All of East Naples Industrial Park, Replat No.1, according to the plat
thereof recorded in Plat Book 17, Pages 38 and 39, of the Public
Records of Collier County; and
c. The Northerly 200 feet of the Southerly 510 feet of the Easterly 250 feet
of the Northeast 1A of Section 35, Township 49 South, Range 25 East,
Collier County, Florida, less and excepting the Easterly 50 feet thereof.
5. The County's designated issues for negotiation are any and all issues
concerning service delivery, fiscal responsibilities, and/or boundary adjustments. The
interlocal service boundary agreement issues may include, but need not be limited to, the
following:
a.
b.
c.
following services
including:
Identifying a municipal service area.
Identifying an unincorporated service area.
Identifying the local government responsible for delivery or funding of the
within the municipal service area or the unincorporated service area
1 . Public safety
2. Fire, emergency rescue, and medical.
3. Water and wastewater.
4. Road ownership, construction, and maintenance.
5. Conservation, parks, and recreation.
6. Stormwater management and drainage.
7. Garbage/trash collection and recycling.
d. The interlocal service boundary agreement may establish a process and
schedule for annexation of an area within the designated municipal service area, if any,
consistent with the Act's Section 171.205.
e. The interlocal service boundary agreement may establish a process for
land-use decisions consistent with part II of Chapter 163, Florida Statutes, including those
made jointly by the governing bodies of the County and the City of Naples, or allow the City of
Naples to adopt land-use changes consistent with part II of Chapter 163, Florida Statutes, for
other land areas, if any, scheduled to be annexed during the term of years specified in the
interlocal service boundary agreement. If the agreement addresses responsibility for land-
use planning under Chapter 163, Florida Statutes, the agreement may also establish the
procedures for preparing and adopting comprehensive plan amendments, administering land-
development regulations, and issuing development orders.
f. The interlocal service boundary agreement may address other issues
concerning service delivery, including the transfer of services and infrastructure.
g. The interlocal service boundary agreement may provide for the joint use
of facilities and the colocation of services.
h. The interlocal service boundary agreement may Include a requirement
for a report to Collier County from the City of Naples of the City's planned service delivery, as
provided in the Act's Section 171.042, or as otherwise may be determined by the Agreement.
i. The interlocal service boundary agreement may establish a process by
which the local government that is responsible for water and wastewater services shall, within
thirty (30) days after any respective annexation of territory, apply for modifications to permits
of the water management district and/or Florida's Department of Environmental Protection
which are necessary to reflect changes in the entity that is responsible for managing surface
water under such permits.
j. As stated in the Act's subsection 171.203(8), in order to ensure that the
health and welfare of the residents affected by annexation will be protected, all fire and
emergency medical services shall be provided by the existing provider of fire and emergency
medical services to the annexed area and remain part of the special district unless Collier
County and the City of Naples reach an agreement, through the interlocal service boundary
agreement or other legally sufficient means, as to which entities shall provide those
emergency services.
6. As stated in the Act's subsections 171.203(1) (a), (b), and (c), the County
Manager shall, by United States certified mail, send copy of this Initiating Resolution (a) to
the City Manager of the City of Naples, (b) to the City Manager of the City of Marco Island, (c)
to the Mayor of Everglades City, and (d) to the Chief Administrative Officer of the East Naples
Fire Control and Rescue District, Chief Robert Schank.
7. This Resolution shall take effect immediately upon adoption.
ADOPTED this /;2117 day Of'kf?~I/I.or> r ,2006 after motion, second and
majority vote favoring adoption.
ATTEST:
DWIGHT E. BROCK, Clerk >0,
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: u.un. ~~6.t _
Oeputy ~
By:
~/~
FRANK HALAS, Chairman
Approved as to form and legal sufficiency:
By: ~~~ ~~
Thomas C. almer, Assistant County Attorney
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