Agenda Item Name:
Title
City of Newberry Annexation: Request for Board Direction on Initiation of Appeal Process
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Presenter:
Ben Chumley, Senior Planner
Description:
On June 8, 2020, the Newberry City Commission adopted Ordinances 2020-13 and 2020-14 annexing two areas into the City of Newberry. Ordinance 2020-13 raised questions relative to the statutory requirement that areas to be annexed must be "reasonably compact", as detailed in the May 28, 2020 letter from the County Manager to the Newberry City Manager. The purpose of this agenda item is to request the Board's direction on whether to initiate an appeal process as provided in Chapter 171.081, Florida Statutes for the annexation adopted by City ordinance 2020-13. If the Board 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 attached to the agenda item
Recommended Action:
Recommended Action
If the County Commission wishes to initiate the appeal process on the annexation adopted by City Ordinance 2020-13, 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 this annexation, 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 annexation, 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 the initial notice from the City of Newberry on these proposed voluntary annexation...
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