Loading...
HomeMy WebLinkAbout13-084RESOLUTION NO. 13-084 A RESOLUTION INITIATING CONFLICT RESOLUTION PROCEDURES PROVIDED BY SECTION 164.1052, FLORIDA STATUTES (201Z) PERTAINING TO THE DISPUTE OVER THE CITY OF PORT ST. LUCIE`S PROPOSED ANNEXATION OF THE McCARTY RANCH PROPERTY BY ADOPTING CITY ORDINANCE NO. 13-16. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the foilowing determinations: 1. The City of Port St. Lucie, Florida (City), has advertised a certain ordinance (identified as City Ordinance 13-16), hereinafter referred to as the "City's Proposed Annexation" where the City proposes to annex certain property; and, 2. The County delivered its notice of objections to the City's Proposed Annexation on April 19, 2013, in accordance with the Joint Planning Agreement, which objections were not accepted by the City. 3. The County believes that the City's proposed annexation is contrary to the interests of the County and its residences and businesses. The County also believes that the voluntary annexation provisions of Section 171.044, Florida Statutes, provides that only owners of property contiguous to a municipality and reasonably compact may petition a municipality to voluntarily annex into the municipality. The County also believes that the City's property that is the subject of the request for voluntary annexation is not contiguous to the City's municipal boundaries, is not reasonably compact, and would create pockets and de facto enclaves in violation of State law. Accordingly, the County believes that since the City owned property is not contiguous or reasonably compact, the City, as property owner, did not have the right to petition for voluntary annexation under Section 171.044, Florida Statutes, and therefore, the City, as municipal governing body, did not have the right to consider and approve the request for voluntary annexation. 4. It is the intention of the Board to initiate conflict resolution procedures provided by Chapter 164, Florida Statutes, prior to ;nitiating court proceedings or prosecuting action on a previously filed court proceeding to resolve the conflict. 5. As a result of the conflict set out above, the Board believes that it is in the best interest of the citizens of St. Lucie County to initiate the conflict resolution procedures provided by the Florida Governmental Conflict Resolution Act between the County and the City. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida, as foilows: 1. The Board expresses its intent to initiate the conflict resolution procedures provided by the Florida Conflict Resolution Act to resolve the conflict between the County and the City as to the City's proposed annexation. 2. Within five (5) days after the adoption of this Resolution, the County Administrator is directed to send a letter and a certified copy of this Resolution to the chief administrator of the City by certified mail, return receipt requested. 3. This Resolution shall become effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Tod Mowery AYE Vice Chair Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 7`h day of May 2013. A7t'~~T. ~ \ U~ ~ D D~pu~jt,Clerk ._ BOARD OF COUNTY COMMISSIONERS ST. I~UCIE CQUN , FLORIDA ~•- (~ BY: Chairman APPROVED TO FORM AND CORRE . ~ BY• County t~orney /