Resolution 04-1109RESOLUTION NO.O41109
A RESOLUTTON OF THE CITY OF LONGWOOD,
FLORIDA, AUTHORIZING THE EXECUTION OF
AN INTERLOCAL AGREEMENT FOR THE
ESTABLISHMENT OF ANNEXATION, WATER
AND WASTEWATER SERVICE AREA
BOUNDARIES BETWEEN THE CITIES OF
LONGWOOD AND CASSELBERRY; PROVIDING
FOR CONFLICTS, SEVERABIETTY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Longwood and the City of Casselberry desire to enter
into an Agrwm ertablish Annexation, Water and Wastewater Service Area
bowdarles betwwntthe two Cities; and
WHEREAS, the Cities fmd that said Agreement will best promote 1h, public
interest ofboth titres by preventing any Amre wMims regarding serviw meal; and
WHEREAS, the Agrwment is ev ,W into pursuant w the authorityset f'A in
Article 163 01, Florida S—
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION L The City Commission of the CityofU,,,wood, Florid,, hereby
approves the A --,-Water and Wastewater Service Area V.— attached as
"EUWbit A", end authofvae t Mayor w sign iha enclosed egreemevt
SECTION IE onC R,cts All Resolutions or parts of Resolutions iv whim
with any ofthe pmvisions ofthis Resolution are hereby repealed.
SECTION HL Severab'fty If any Swtion or portion of a Section of this
Resolution proves to be invalid, unlawful, or unwnstitutiorial, h shall nat be held to
invalidate or impair the validity, forty, or effect of any other Section or pan of this
Resolution.
SECTION IV. gffew've Date This Resolution shell become eff-i-
immediately upon its passage end adoption
Pf� SED Ai1'D ADOPTED by the City of Longwood, this t t� j� &y of
004
Ian odc sway j— naavo�
ATTEST.
Svah MM M9ares, City CI&k
Approved as to form and Iegality for the vsa and reliance of the City of Longwood,
Rlociaa, only.
Richard 5. Taylor, Ir:, City Attorney
EXHIBIT A
LONGWOOD-CASSELBERRV
ANNEXATION WATER AND WASTEWATER SERVICE AREA AGREEMENT
Th,s agreement is made end entered into N'�
is � day of
T%Ct`lty4py_. 2004 by and between the City of Longwood ("LONGWOOD"). a
Florida Municipal Corporation, and the City of Casselberry (`CASSELBERRY").. a
Fla as Municipal Corporation.
WHEREAS, lhls Agreement is entered pursuant to the authority set forth
in 5193.01.. Fla. Stet: and
WHEREAS. the parties hereto Intend to provide by this agreement for
establishment of Annexewater ation antl Water and WastService Area
Boundaries between LONGWOOD and CASSELBERRV: and
WHEREAS. the parties find that this Agreement will best promote the
public interest of both cities by preventing any future conflicts regarding service
area
NOW. THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS
FOLLOWS:
1.0 Recitals. The recitals are true and coneot and are inoorpeered herein.
2.0 Establishment of Annexation and Water antl Wastewater Service Area
Boundarie The parties agree that the water and wastewater systems
boundaries between the two parties from the Intersection of Ronaltl Reagan
Boulevard (f.k.a. C.R. 427) and Dog Track Road East along Dog Track Road to
U.S. Highway 17-92 thence North to S.R. 434 and East to the Casseberry City
Limits shall be as shown on Attachment A. Both parties agree to not provide
retail or wholesale water or wastewater service to percale within the other parties
3.0 Transfer of customers. To this and the City of Longwood shall cease
providing wastewater se ce to 2455 South Highway 17-92 and the City of
Casselberry shall cease providing water service to 2500 South Highway 17-92,
531 Dog Track Road and 601 Dog Track Road.
4 0 Breach of Agreement In the event of a breach of this agreement, the
on -breaching party shall provide wriften notice of the breach to the other party.
If the party ellegedly in breach of the Agreement does not remedy the breach
within thirty (30) days after receipt of written notice, or ,on additional time as
may be necessary to remedy such breach, the non -breaching party may file a
legal action in the Seminole County Circuit court seeking damages and for
injunctive relief.
50 Not ces All notices required to be given by either party under this
Agreement shall be in writing, addressed to the other party as follows, and
delivered by certified mail, return receipt requested, or in person:
City of Longwood
Attn: City Administrator
175 West Warren Avenue
Lougwood. Field. 32750
City of Casselberry
Attm City Manager
95 Triplet Lake Drive
Casselberry, FL 32707
6.0 Entire Aarment eeri This Agreement c nstim- the entire agree
between the parties. There a o further o other agreements o
understandings, written o oral, in effect between the Parties relating to the
subject matter of this Agreement. This Agreement may be amended or modified
only by an instrument of equal formality signed by the respective parties. Such
amendment or modification shall be app—d by both CitiesLegislative bodies.
7.0 Ass'o mein Neither party shall assign any rights or duties antler this
Agreement to any other person without prior written permission of the other party.
8.0 Blndine Effect This Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of the respective parties hereto.
2.0 Disclaimer of Thirtl Partv Beneficiary This Agree ant is solely for the
benefit of the formal parties hereto and m, right or cause of action shell accrue
upon, to or for the benefit of any third party not a formal party hereto.
10.0 Waiver. Waiver by either parry of breach of any covenant or provision of
this Agreement shall not be deemed to constitute a waiver of any preceding o
Subsequent breach of the same or any other covenant or provision.
11.0 e
Sev mhliN Should any term, provision. c rant, condition, paragraph
nt,
eence or part of this Agreement be heltl Invalid orunenforceable by any court
of competent jurisdiction, the remaining terms, provisions, c nants, conditions,
paragraphs, sentences and Paris shall, nevertheless, remain in full force and
effect.
12.0 Aoolicable Law, This Agreement shall be governed by and construed in
accordance with the laws f the State of Florida.
13.0 Atlornev's Fees and Costs. In the event of any clai,. actio,. litigation or
proceeding under this Agreement, the prevailing party shall be entitled to an
award of reasonable attorney s fees and costs.
140 Term The term of this Agreement shall be thirty (30) years. The term
may be #ended on the mutual agreement of the parties in writing.
CITY OF L"/OONGWOOD
H. G.�ndy, M
ATTEST:
Sarah Mi(^G
CITY OF CASS ERj2Y
86 Goff, May
ATTEST:
Thelma MCPherso , City Cierk
Attachment A
Annexation, Water & Wastewater Service Area Boundary