2002-R-04
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RESOLUTION NO. 2002-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA, AUTHORIZING EXECUTION OF
AN INTERLOCAL AGREEMENT WITH THE COUNTIES OF
VOLUSIA AND FLAGLER AND ALL MUNICIPALITIES
THEREIN FORA UNIFIED CODE COMMITTEE RELATING
TO THE FLORIDA BUILDING CODE; APPOINTING A
REPRESENTATIVE TO THE COMMITTEE; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. The Floridalnterlocal Cooperation Act ofl969 as set forth in Section 163.01, et seq.,
Florida Statutes, authorizes Florida municipalities to make efficient use of their respective powers,
resources authority and capabilities by enabling them to cooperate on the basis of mutual advantage
and thereby provide the facilities and efforts identified herein in the manner that will best utilize
existing resources, powers and authority available to each of them; and
2. The City of Edgewater wishes to establish and participate in the Unified Code
Committee between the Counties of V olusia and Flagler and all Municipalities therein.
3. The Unified Code Committee (hereinafter referred to as "Committee") will establish
a system for adoption of amendments to the Florida Building Code, explore, initiate and enact
policies and procedures necessary to achieve enforcement of the Florida Building Code across
jurisdictional boundaries in V olusia and Flagler Counties.
4. The Committee will create a forum where citizens, contractors and interested parties
can participate, and will explore ways of sharing resources where practical and beneficial.
NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida:
Section 1. Designation of Representative to the Committee. That the City Council of the
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City of Edge water hereby designates and appoints
. .DENN;J;S;;jFISCHER
as their
Representative to act on behalf ofthe City of Edge water in making recommendations to the Unified
Code Committee.
Section 2. Authorization to Execute Interlocal Agreement. That the City Council of the
City of Edge water hereby authorizes the Mayor or City Manager to execute the lnterlocal Agreement
on behalf ofthe City Council. The lnterlocal Agreement for "Unified Code Committee" is attached
hereto and incorporated herein as Exhibit "A".
Section 3. Conflicting Provisions. All resolutions or parts of resolutions in conflict
herewith be and same are hereby repealed.
Section 4. Effective Date. This resolution shall take effect upon adoption.
AfterMotionby ~ U- andSecondby ~/1-.-- ,thevote
on this resolution was as follows:
AYE
NAY
Councilman James P. Brown
y
X
Y
y.
'f
Mayor Donald A. Schmidt
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
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PASSED AND DULY ADOPTED this 1/ day of February, 2002.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
R �r I
Douald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council during the
Council meeting held on the /I day of
February, 2002 under Agenda Item _L__.
2002-R-04
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VOLUSIA COUNCIL OF GOVERNMENTS
Unified Code Commitee
INTERLOCAL AGREEMENT
To provide for uniform construction codes for Volusia and Flagler County.
THIS AGREEMENT, made and entered among the signatories below of the City of Beverly
Beach, a_Florida municipal corporation hereafter referred to as Beverly Beach; City of Bunnell, a
Florida municipal corporation hereafter referred to as Bunnell; City of Daytona Beach, a Florida
municipal corporation hereafter referred to as Daytona Beach; City of Daytona Beach Shores, a
Florida municipal corporation hereafter referred to as Daytona Beach Shores; City of DeBary, a
Florida municipal corporation hereafter referred to as DeBary; City of DeLand, a Florida municipal
corporation hereafter referred to as DeLand; City of Deltona, a Florida municipal corporation
hereafter referred to as Deltona; City of Edgewater, a Florida municipal corporation hereafter
referred to as Edgewater; City of Flagler Beach, a Florida_municipal corporation hereafter referred
to as Flagler Beach City of Holly Hill, a Florida municipal corporation hereafter referred to as Holly
Hill; City of Lake Helen, a Florida municipal corporation hereafter referred to as Lake Helen; City
ofN ew Smyrna Beach, a Florida municipal corporation hereafter referred to as New Smyrna Beach;
City of Oak Hill, a Florida municipal corporation hereafter referred to as Oak Hill; City of Orange
City, a Florida municipal corporation hereafter referred to as Orange City; City of Ormond Beach,
a Florida municipal corporation hereafter referred to as Ormond Beach; City of Palm Coast, a
Florida municipal corporation hereafter referred to as Palm Coast; Town of Pierson, a Florida
municipal corporation hereafter referred to as Pierson; Town of Ponce Inlet, a Florida municipal
corporation hereafter referred to as Ponce Inlet; City of Port Orange, a Florida municipal corporation
hereafter referred to as Port Orange; City of South Daytona, a Florida municipal corporation
hereafter referred to as South Daytona; the County of Flagler, a political subdivision of the State of
Florida, hereinafter referred to as Flagler County and the County of V olusia, a political subdivision
of the State of Florida, hereinafter referred to as V olusia County; all of whom are collectively
hereinafter referred to as Members.
WITNESSETH:
WHEREAS, the Members are authorized pursuant to the Florida Interlocal Cooperation Act
of 1969 (~163.0 1, Florida Statutes) to cooperate with other localities on a basis of mutual advantage;
and
WHEREAS, the Members wish to set forth certain agreements among themselves respecting
the creation of a unified building code amending and enforcing the Florida Building Code; and
WHEREAS, it is the purpose and intent of this Interlocal Agreement to create a structured
approach to the formulation and adoption of administrative and technical amendments to the Florida
Building Code; and
WHEREAS, Vol usia and Flagler Counties and every municipality are authorized to adopt
amendments to the Florida Building Code pursuant to Florida Statutes 553.73; and
(AgreementJlnterlocal - Unified Code Committee)
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WHEREAS, entering into this Interlocal Agreement is in the best interest of the citizens of
V olusia and Flagler Counties as it will benefit the health, safety and welfare of said citizens;
Now THEREFORE, in consideration of the premises, mutual covenants, provisions and
representations contained herein, the parties hereto agree as follows:
ARTICLE I STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to:
1. Establish a system for the adoption of amendments to the Florida Building Code;
2. Explore, initiate and enact policies and procedmes necessary to achieve uniform
enforcement of the Florida Building Code across jurisdictional boundaries in V olusia and
Flagler Counties.
3. Create a forum where citizens, contractors and interested parties can actively participate in
the committee's functions and the amendment process.
4. Explore ways of sharing resources where practical and beneficial.
ARTICLE II DURATION AND MODIFICATIONS
This Interlocal Agreement shall become effective upon being filed with the Clerk of the
Circuit Court of V olusia and Flagler Counties, Florida. This Interlocal Agreement shall remain in
effect for six (6) years and shall be automatically renewed for successive six (6) year periods unless
a majority of the Members hereto notified the other Members in writing, more than thirty (30) days
before each six (6) year anniversary of their wish to terminate this Interlocal Agreement.
This Interlocal Agreement may be amended by mutual written agreement of the Members.
Any amendments to this Interlocal Agreement shall be effective upon being filed with the Clerk of
the Circuit Court of V olusia and Flagler County, Florida.
Any Member may terminate as a party to this Agreement upon written notice by first class
mail to the V olusia Council of Governments.
ARTICLE III DUTIES
A. The Unified Building Code Committee is hereby created consisting of one (1) representative
appointed by the governing body of each Member and shall meet as required to formulate
model codes and local amendments thereto.
B. The Unified Building Code Committee shall coordinate this review with every permitting
agency in Flagler County, V olusia County, area construction trade associations, V olusia
Council of Governments and any other interested parties.
C. Review, discuss and approve requests for administrative and technical amendments to the
Florida Building Code. Committee, shall review fiscal impact statements and consider
whether local conditions justify more stringent requirements than those specified in the
Florida Building Code. No technical amendments shall be approved without an affirmative
(Agreement/Interlocal - Unified Code Committee) 2
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vote from a majority of the active members present during the meeting. All approved
amendments, no more than once every 6 months, shall be presented to each member's
governing body for adoption.
D. Review, discuss and hear presentations for new products, materials and construction
techniques.
E. Consider and establish procedures for standardizing enforcement of the Florida Building
Code to ensure countywide uniformity.
F. Examine feasibility of sharing resources, where possible, for maximum efficiency and
benefit.
G. Provide a forum whereby contractors, citizens and interested parties can solicit information
and provide input to local Building Officials for their consideration.
H. The governing body of participating jurisdictions reserves all power and authority granted
under charter or state law. The Unified Building Code Committee may review local
interpretations and provide advisory opinions; however, formal appeals of specific local
government decisions shall be handled exclusively by the authorized Board of Adjustment
and Appeals within that jurisdiction. The governing body of any municipality or the
Counties may adopt amendments to the codes that are necessary as a condition precedent to
any federal or state sponsored programs
I. Administration and enforcement of the Florida Building Code shall be performed by the
Counties the municipalities in V olusia and Flagler County or the authorized designees of
either, within their respective jurisdictions.
1. Nothing in this part limits the power of Members to regulate the quality and character of
work performed by contractors through a system of permits, fees and inspections designed
to secure compliance with state and local building laws or to enforce other laws for the
protection of the public health and safety.
IN WITNESS WHEREOF, by identical originals, the parties hereto have caused these presents
to be signed in their names by their proper Officers and their seals to be affixed, attested by
their Clerks, the day and year below written and forwarded to the V olusia Council of
Governments for filing of this Interlocal Agreement with the Clerk of the Circuit Court of
V olusia and Flagler Counties, Florida.
(AgreementlInterlocal- Unified Code Committee) 3
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ATTEST:
2 l/ aa—
Dated
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matueick
Legal Assistant
(Agreementllnterlocal - Unified Code Committee)