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Proposed Resolution Inviting City of Brooksville to Negotiate an Interlocal Service Boundary Agreement
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BRIEF OVERVIEW
Both Hernando County (the "County") and the City of Brooksville (the "City") have received requests from the same developer to provide utility services to the entirety of a proposed development that, if constructed, will straddle the current demarcation line between each government's exclusive right-to-serve areas. Upon information and belief, the City conditions its provision of such services on property owners' consent to the City's voluntary annexation of the properties to be served. While the County does not intrinsically oppose the City providing utility services to the entire proposed development, the County fears that the annexation of the properties to be served would inevitably result in the inefficient provision of municipal services by both local governments.
Additionally, the County believes that it would be in the best interest of both governments to designate areas of unincorporated territory within which the City can annex parcels without being opposed by the County. (The County has challenged annexations by the City at least three times in the last two decades.)
Municipal annexation is addressed in Fla. Stat. Chapter 171, Parts I and II. Part I of Chapter 171 deals primarily with the procedural and form requirements for annexation by municipalities (i.e., reasonably compact, contiguous to city, and does not create enclaves). Part I currently governs the City's annexations, however, it does not provide a mechanism to address service delivery and other issues associated with municipal annexation.
Fla. Stat. Chapter 171, Part II, which is known as the "Interlocal Service Boundary Agreement Act," provides a mechanism for counties and cities to cooperatively address service delivery considerations associated with municipal annexation in addition to the form requirements. See "Summary of ISBA Act" that is a...
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