RESOLUTION 2008 -____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE Town CENTER COMMUNITY DEVELOPMENT DISTRICT AND THE CITY OF PALM COAST; AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTING ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, interlocal agreements are specifically authorized by the provisions of Section 163.01, Florida Statutes, which authorizes the joint exercise by agreement of two (2) or more public agencies of any power common to them and other applicable law; and

WHEREAS, the City of Palm Coast has engaged in numerous beneficial, cooperative and collaborative actions and activities with the Town Center Community Development District in the past all of which have advanced the public interest; and

WHEREAS, the acceptance of the responsibility to construct and oversee the construction of improvements to Old Kings Road by the Town Center Community Development District would advance the interests of both parties and the general public; and

WHEREAS, the City Council of the City of Palm Coast hereby finds and concludes that the provisions of the Interlocal Agreement approved herein are consistent with the City of Palm Coast Comprehensive Plan and other controlling law and will result in the provision of enhanced public services in a more expedient and timely manner with the savings of public funds resulting therefrom.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM COAST, Florida:

SECTION 1. FINDINGS/APPROVAL OF INTERLOCAL AGREEMENT.

(a).The City Council of the City of Palm Coast hereby adopts and incorporates into this Resolution the recitals (whereas clauses) to this Resolution, the City staff report and City Council agenda memorandum relating to the action set forth herein.

(b).The City Council of the City of Palm Coast hereby approves the Interlocal Agreement between the City of Palm Coast and the Town Center Community Development District attached hereto as Exhibit “A”.

SECTION 2. SIGNATORY AUTHORITY. The City Manager is hereby authorized to execute the Interlocal Agreement as described in this Resolution.

SECTION 3. 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 4. CONFLICTS. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.

Section 5. IMPLEMENTING ACTIONS. The City Manager is hereby authorized to take any actions necessary to implement the action taken in this Resolution.

SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council.

DULY PASSEDAND ADOPTED by the City Council of the City of Palm Coast, Florida, on this 5th day of February 2008.

CITY OF PALM COAST, FLORIDA
ATTEST: / Jon Netts, Mayor
Clare M. Hoeni, City Clerk

Attachment: Exhibit “A” – Interlocal Agreement with Town Center Community Development District.

Subject Title: Interlocal Agreement with Town Center CDD for Old Kings Road.

Resolution 2008-____

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