Agenda Item Name:
Title
City of Newberry Annexations: Request for Board Direction on Initiation of Appeal Process
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Presenter:
Ben Chumley, Senior Planner
Description:
On April 27, 2020, the Newberry City Commission adopted eleven ordinances annexing various areas into the City of Newberry. As described in the County's letter to the City dated April 8, 2020, four of these eleven annexations do not appear to meet all the statutory requirements for annexation under Chapter 171, Florida Statutes. The purpose of this agenda item is to request the Board's direction on whether to initiate the annexation appeal process as provided in Chapter 171.081 Florida Statutes.
If the County Commission wishes to initiate the appeal process, it must first initiate and proceed through the local government conflict resolution procedures of Chapter 164, Florida Statutes. The Board may initiate this process by adopting the resolution which is attached to the agenda item.
Recommended Action:
Recommended Action
If the County Commission wishes to initiate the appeal process on the annexations adopted by City Ordinances 2020-04, 2020-06, 2020-09, and 2020-10, then the Board should approve the attached resolution to initiate the conflict resolution procedures of Chapter 164, Florida Statutes, the "Florida Governmental Conflict Resolution Act".
If the County Commission does not want to appeal the annexations, then no action is required.
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Prior Board Motions:
N/A
Fiscal Consideration:
Fiscal Consideration
If the Board chooses to appeal the City's annexations, the County will potentially incur costs for litigation, and may incur costs and attorney's fees if not successful. Additional costs will be incurred if the County is not the prevailing party in the annexation appeal, and the County would owe reasonable attorney's fees and costs.
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Background:
The County received notice of this group of eleven proposed voluntary annexations from the City on March 3, 2...
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