2478 Interlocal Agreement - Sem Co & COS Road transfer - portion of 5th StreetTHIS INSTRUMENT PREPARED BY:
DAVID G. SHIELDS
DEPUTY COUNTY ATTORNEY
FOR PUBLIC WORKS AND
ENVIRONMENTAL SERVICES
1101 EAST 1 ST STREET
SANFoRD, FL 32771
(407)665-7238
2
INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND THE CITY OF SANFORD
RELATING TO JURISDICTIONAL ROAD TRANSFER
OF A PORTION OF 5TH STREET
THIS AGREEMENT is entered into by and between SEMINOLE COUNTY, a charter
county and political subdivision of the State of Florida, whose address is Seminole County
Services Building, 1101 East 1st Street, Sanford, Florida 32771, in this Agreement referred to as
"COUNTY," and CITY OF SANFORD a municipal corporation, whose address is 300 North
Park Ave., Sanford, Florida 32771, in this Agreement referred to as "CITY."
WITNESSETH:
WHEREAS, the parties have the common power to construct and maintain roads within
their geographical jurisdictions; and
WHEREAS, certain roads in the jurisdictional boundaries of COUNTY's road system are
located within the boundaries of CITY; and
WHEREAS, COUNTY and CITY are agreeable to transferring ownership, maintenance,
and functional responsibility of the road specified in this Agreement; and
WHEREAS, CITY and COUNTY wish to advise the Florida Department of
Transportation ("FDOT") of the transfer pursuant to this Agreement by means of COUNTY
providing FDOT, District 5, with a certified copy of this Interlocal Agreement; and
Interlocal Agreement
Seminole County / City of Sanford
Relating to Jurisdictional Transfer of a portion of 5`s Street
Page 1 of 6
WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 163,
and 166, Florida Statutes (2022), and by Sections 335.0415 and 337.29, Florida Statutes (2022),
and other applicable law; and
WHEREAS, the parties have determined this Agreement is in furtherance of the
community health, safety, and welfare and the public interest.
NOW THEREFORE, for and in consideration of the promises, mutual covenants, and
agreements contained in this Agreement by and between parties and for the mutual benefit of
COUNTY and CITY and their respective citizens, the parties hereby agree as follows:
Section 1. Recitals. The above recitals are true and correct and form a material part
of this Agreement upon which the parties have relied.
Section 2. Purpose. The purpose of this Agreement is for COUNTY to assign and
transfer to CITY ownership of, jurisdiction over, and full functional responsibility for a portion of
a portion of 5t' Street running from the intersection with South White Cedar Road to the end of
COUNTY maintenance approximately 600 feet east (between Aero Lane and South White Cedar
Road) as depicted on the attached Exhibit A.
Section 3. Transfer of Responsibility/Ownership. Upon the date this Agreement is
executed by both parties, CITY has ownership of, plenary authority over, and full responsibility
for the functional operation and maintenance of the road specified in Section 2 above. All of
COUNTY's rights, responsibilities, liabilities, duties, and obligations as to this road including, but
not limited to appurtenant stormwater and drainage facilities, are hereby transferred to and
assumed by CITY and the subject road constitutes a CITY street for all intents, purposes, and
effects.
Interlocal Agreement
Seminole County / City of Sanford
Relating to Jurisdictional Transfer of a portion of 5°i Street
Page 2 of 6
Section 4. Limitations of Agreement. It is not the intent of this Agreement to change
the jurisdiction of the parties in any manner except as specifically provided in this Agreement. All
other policies, rules, regulations, and ordinances of COUNTY and CITY will continue to apply as
to properties respectively located within the jurisdictional boundaries of COUNTY and CITY. The
maintenance of side roads, street name signs, and stop signs is the -responsibility of the party that
has jurisdiction for such roads and signs, except as otherwise provided in this Agreement or other
agreements between the parties.
Section 5. Other Agreements. The parties shall execute such instruments and
documents as may be required to effectuate this Agreement.
Section 6. Employee Status. Persons employed by CITY in the performance of
services and functions pursuant to this Agreement are deemed not to be the employees or agents
of COUNTY, nor do these employees have any claims to pensions, worker's compensation,
unemployment compensation, civil service, or other employee rights or privileges granted to the
COUNTY's officers and employees either by operation of law or by COUNTY. Persons employed
by COUNTY in the performance of services and functions pursuant to this Agreement are deemed
not to be the employees or agents of CITY, nor do these employees have any claims to pensions,
worker's compensation, unemployment compensation, civil service, or other employee rights or
privileges granted to CITY's officers and employees either by operation of law or by CITY.
Section 7. Indemnification. Each party to this Agreement, its officers, employees,
and agents do not assume and specifically disclaim any liability for the acts, omissions, or
negligence of the other party, its officers, employees, or agents arising from or related to this
Agreement, except as otherwise provided by this or any other agreement between the parties.
Interlocal Agreement
Seminole County / City of Sanford
Relating to Jurisdictional Transfer of a portion of 5°i Street
Page 3 of 6
Section 8. Notices.
(a) Whenever either party desires to give notice to the other party, notice may be sent
to the following:
For COUNTY:
Director, Public Works Department
200 West County Home Road
Sanford, FL 32773
For CITY:
Norton N. Bonaparte, Jr., ICMA-CM
City Manager
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
(b) Either of parties may change, by written notice as provided in this Section, the
addresses or persons for receipt of notices. Each such notice will be deemed delivered on the date
delivered if by personal delivery or on the date of transmission if by facsimile, or on the date upon
which the return receipt is signed or delivery is refused or notice is designated by the postal
authorities as not deliverable, if mailed, or on the date of delivery by overnight delivery services
as evidenced by a service receipt, as the case may be.
Section 9. Recording. CITY shall record this Agreement in the Public Records of
Seminole County, Florida, and is responsible for all fees associated with this recording.
Section 10. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts together constitute one and the same instrument.
Interlocal Agreement
Seminole County / City of Sanford
Relating to Jurisdictional Transfer of a portion of 5' Street
Page 4 of 6
Section 11. Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter of this Agreement, and neither this Agreement nor any
portion of it may be altered, modified, waived, deleted, or amended except by a written instrument
equal in dignity with this Agreement and executed by the parties to this Agreement. This
Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter of this Agreement.
Section 12. Binding Effect. This Agreement is binding upon and inures to the benefit
of the successors in interest, transferees, and assigns of the parties.
Section 13. Public Records. The parties shall allow public access to all documents,
papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes (2022),
as this statute may be amended from time to time, which have been made or received in conjunction
with this Agreement.
Section 14. Conflict of Interest. Both parties agree that they shall not commit any act
in the performance of its obligations pursuant to this Agreement that would create a conflict of
interest, as defined by Chapter 112, Florida Statutes (2022), as this statute may be amended from
time to time.
Section 15. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and may
not be used to define, describe, interpret, or construe any provision of this Agreement
Section 16. Effective Date. The Effective Date of this Agreement will be the date when
the last party has properly executed this Agreement as determined by the date set forth immediately
below the respective signatures of the parties.
Interlocal Agreement
Seminole County / City of Sanford
Relating to Jurisdictional Transfer of a portion of 5' Street
Page 5 of 6
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
ATTEST:
V X82 187 "i i i
TRACI H=— ,City Cler AR�ftODRUFF,v aypr
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Date:
BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY, FLORIDA
GRANT MALOY AMY LOCKHART, Chairman
Clerk to the Board of
County Commissioners of
Seminole County, Florida. Date
For the use and reliance of As authorized for execution by the Board of
Seminole County only. County Commissioners at its ,
2023, regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
DGS/dsk/sfa
09/07/2022, 04/11/2023
Attachment:
Exhibit A — Map
TAUsersTegal Secretary CSB\Public Works\Agreements\2022\ILA City of Sanford (5th Street Portion) revl.docx
Interlocal Agreement
Seminole County / City of Sanford
Relating to Jurisdictional Transfer of a portion of 5' Street
Page 6 of 6
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Resolution No. 2022-3127
A Resolution of the City of Sanford, Florida requesting that Seminole
County enter an interlocal jurisdictional road transfer agreement with
the City for a portion of 5th Street running from the intersection with
South White Cedar Road to the end of County maintenance
approximately 600 feet east (between Aero Lane and South White
Cedar Road) subject to a condition of payment; authorizing the mayor
to execute said interlocal jurisdictional road transfer agreement;
providing for legislative findings and intent providing for a savings
provision; providing for implementing actions; providing for conflicts;
providing for severability and providing for an effective date.
Whereas, the government of Seminole County has and holds jurisdiction over
certain right-of-way located within the City Limits of the City of Sanford known as 5th
Street, from the intersection with South White Cedar Road to the end of County
maintenance approximately 600 feet east (between Aero Lane and South White Cedar
Road) (the "County Right -Of -Way"); and
Whereas, the aforementioned term "County Right -Of -Way" shall include the actual
roadbed together with all bridges, curbs, culverts, drainage structures, sidewalks, bike
paths, and other improvements located within the designated right-of-way; and
Whereas, the City of Sanford requests that the Board of County Commissioners
of Seminole County transfer the County Right -Of -Way from the County Road System to
the City of Sanford Street System; and
Whereas, based on the obligations set forth herein and a consideration of the
criteria set forth in Section 335.0415, Florida Statutes, and other controlling law Seminole
County and City are amenable to the requested transfer of road jurisdiction.
11Page
Now, therefore, be it adopted and resolved by the City Commission of the
City of Sanford, Florida as follows:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and incorporates
into this Resolution the recitals (whereas clauses) to this Resolution.
(b). Although not a land development regulation, this Resolution is consistent
with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Resolution.
Section 2. Jurisdiction of County Right -Of -Way; transfer.
(a). The City of Sanford requests that jurisdiction of the County Right -Of -Way
be transferred from Seminole County to the City of Sanford subject to a condition that
provides that the County shall, within 10 days of entering the interlocal jurisdictional road
transfer agreement, pay the sum of $400,000.00 to the City to cover the City's costs of
improving the County Right -Of -Way which sum shall be used for no other purpose by the
City.
(b). The City authorizes the execution of the interlocal jurisdictional road transfer
agreement and recognizes and accepts the terms and conditions found therein.
(c). The City authorizes Art Woodruff, City of Sanford Mayor, to execute the
interlocal jurisdictional road transfer agreement.
21Pa-e
Section 3. Future Implementing Actions.
(a). The City Manager, or designee, is assigned the responsibility to take any
and all necessary administrative actions that may be desirable or necessary to implement
the provisions of this Resolution.
(b). The City Clerk and the City Attorney are instructed to assist the City
Manager in the implementation of this Resolution.
Section 4. Conflicts.
All resolutions or parts of resolutions in conflict with the provisions of this
Resolution are hereby repealed and rescinded.
Section 5. Savings.
The prior actions of the City of Sanford relating to projects and activities of the City
involving Seminole County and right-of-way issues and actions, as well as related matters
and processes, are hereby ratified and affirmed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Resolution is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate
or impair the validity, force or effect of any other section, sentence, phrase, word, or
portion of this Resolution not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 7. Effective Date.
This Resolution shall take immediate effect upon adoption.
Passed and adopted this 24th day of April 2023.
31Page
Attest:
0(
Traci Houh'
NMC, FCRM
' y Clerk DeC
Approtd as to form
and legal sufficiency.
Wil iam L. Colbert, City Attorney
41
City
Commission of the
Sanford, Florid
City
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SXNFORD
FLORIDA
CITY COMMISSION MEMORANDUM 23-082
APRIL 24, 2023 AGENDA
To: Honorable Mayor and Members of the City C
PREPARED BY: Michael Cash, CFM, Public Works Managg,
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CN,
SUBJECT: Interlocal Agreement with Seminole
Portion of 5"' Street
STRATEGIC PRIORITIES: /
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM X_
Item No. 7-A-
;
• , `
_(�
; Jurisdictional Road Transfer;
Approval of Resolution No. 3127 regarding an Interlocal Agreement between Seminole County
and the City relating to the jurisdictional road transfer of portion of 5"' Street is requested.
FISCAL/STAFFING STATEMENT:
Any impacts to the City for assuming jurisdiction over the portion of 5"' Street subject to the
Interlocal Agreement should be nominal as will be the recording costs pertaining to the Interlocal
Agreement.
BACKGROUND:
The City and Seminole County desire to enter into an Interlocal Agreement to assign and transfer
from the County to the City jurisdiction over, and full functional responsibility for, a portion of
5`" Street running from the intersection with South White Cedar Road to the end of the County's
maintenance, approximately 600' east (between Aero Lane and South White Cedar Road). The
area of the transfer is graphically depicted in a map, which is an exhibit to the Interlocal
Agreement.
Upon entering the Interlocal Agreement, the County will advise the Florida Department of
Transportation of the transfer and the City will record the Interlocal Agreement with the Clerk
of Circuit Court to initiate its effectiveness in accordance with the requirements of Section
163.01 (11), Florida Statutes.
LEGAL REVIEW:
The Assistant City Attorney has assisted in this matter and has no legal objections. The Interlocal
Agreement complies with the provisions of Section 335.0415, Florida Statutes, and other
controlling law.
RECOMMENDATION:
City staff recommends that the City Commission approve Resolution No. 3127, regarding an
Interlocal Agreement between the City and Seminole County relating to the jurisdictional road
transfer of portion of 5"' Street.
SUGGESTED MOTION:
"I move to approve Resolution No. 3127, regarding the Interlocal Agreement, as proposed."
Attachments: Interlocal Agreement
Resolution No. 3127