Item No: 5C.
Meeting Date: August 12, 2013
From: Bill Wiley, AICP, Community Development Director
Subject: First reading of an ordinance amending the Interlocal Service Boundary Agreement (ISBA).
Staff recommends approval of the ordinance amending the Interlocal Service Boundary Agreement (ISBA) between Leesburg and the referenced Cities and the County adopted March 11, 2013.
The ISBA draft dated February 15, 2013 was further revised and sent out March 14, 2013 after the City of Leesburg adopted it with the understanding that it was the final draft. The other Cities and County adopted their ISBA’s after we did using the draft sent on March 14, 2013. As a result, it is necessary that the City of Leesburg adopt the revised February 15th draft with revisions. The revisions are minor regarding Leesburg (See attached Executive Summary of Amendments).
1. Approve the ordinance revising the Interlocal Service Boundary Agreement (ISBA) dated February 15, 2013 with revisions between Leesburg and the referenced Cities and the County.
2. Other such action as the Commission may deem appropriate.
Department: Community Development
Prepared by: Bill Wiley, AICP
Attachments: Yes__X_ No ______
Advertised: ____Not Required ______
Attorney Review : Yes_X_ No ____
Reviewed by: Dept. Head __BW_____
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, ADOPTING AMENDMENTS TO ORDINANCE NO: 13-09 AN INTERLOCAL SERVICE BOUNDARY AGREEMENT AMONG LEESBURG, LAKE COUNTY, THE CITY OF GROVELAND, THE CITY OF MASCOTTE, THE CITY OF CLERMONT, THE CITY OF MINNEOLA, AND THE TOWN OF HOWEY IN THE HILLS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the ISBA Agreement adopted by Ordinance No: 13-09 on March 11, 2013 by the City of Leesburg did not contain final revisions added to the February 15, 2013 draft and;
WHEREAS, the February 15, 2013 draft as revised is the final ISBA draft adopted by all the cities and county as parties to the agreement.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:
The City of Leesburg does hereby amend the Interlocal Service Boundary Agreement adopted by Ordinance No: 13-09 on March 11, 2013 with the February 15, 2013 draft as revised in the form attached to this Ordinance as Exhibit “A” and the City Commission authorizes and directs the Mayor and City Clerk to execute the Agreement on behalf of the City of Leesburg.
All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.
If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.
This Ordinance shall become effective upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the day of , 2013.
THE CITY OF LEESBURG, FLORIDA
DAVID KNOWLES, Mayor
BETTY RICHARDSON, City Clerk
Executive Summary of Amendments
City of Leesburg
Interlocal Service Boundary Agreement (ISBA)
The following amended sections of the ISBA agreement are provided for reference:
Page 1. Does not include document date of February 15, 2013
Page 2. and 3 Page references are not exact
Page 7, v. Format issue only
Page 9, b.i. Format issue only
Exhibit B-1 Alternate Keys Format issue only
Exhibit A Incorrect version; Not subject to this Agreement is missing north of Minneola. This language is required because of a concern asserted by Astatula relating to Minneola’s utility area.
Exhibit B-2 Alternate Keys for Leesburg do not line up with Exhibit B-2 adopted by all
Exhibit F City of Minneola Ch. 180 map is different