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HomeMy WebLinkAboutResolution 94-10 RESOLUTION NO. 94- JL ~ A RESOLUTION OF TIlE CITY OF OCOEE, FLORIDA RELATING TO TIlE CITY SEWER AND WATER SERVICE; PROVIDING FOR TIlE APPLICATION OF SUCH POLICY TO LANDS WCA TED WITIlIN TIlE CORPORATE LIMITS OF TIlE CITY, TO LANDS LOCATED WITIlIN UNINCORPORATED ORANGE COUNTY, BUT WITIlIN TIlE JOINT PLANNING AREA, AND TO LANDS WCATED WITIlIN UNINCORPORATED ORANGE COUNTY AND OUTSIDE TIlE JOINT PLANNING AREA; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the provisions of Chapter 173 of the Ocoee City Code authorize the City Commission to adopt by resolution policies regarding the provision of sewer and water service by the City to consumers within the city limits and outside the City limits; and WHEREAS, the City has received numerous inquiries regarding its policy for the provision .of sewer and water service to lands located outside the corporate limits of the City; and WHEREAS, the City Commission desires to adopt a comprehensive sewer and water service policy for the provision of sewer and water service to lands located (1) within the corporate limits of the City; (2) within unincorporated Orange County, but within the Joint Planning Area, and (3) within unincorporated Orange County and outside the Joint Planning Area. NOW TIlEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF OCOEE, FLORIDA, AS FOLLOWS: \...,. Section 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, 1 Florida Statutes, Section C-8.AA of the Charter of the City of Ocoee, and Chapter 173 of the Code of Ordinances of the City of Ocoee. Section 2. The City hereby adopts the City of Ocoee Sewer and Water Service Policy ~ attached hereto as Exhibit "A" and by this reference made a part hereof. Said policy is supplemental to the provisions of Chapter 173 of the Code of Ordinances of the City of Ocoee and all other policies of the City with respect to the provision of sewer and water service. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. This Resolution shall become effective immediately upon passage and adoption and shall be applicable to all applications to the City for sewer and/or water service which are pending as of the date of adoption of this Resolution and thereafter. PASSED AND ADOPTED this n"1 day of 14~ APPROVED: ,1994. ATTEST: CITY OF OCOEE, FLORIDA .5 5:4 d1rP s. Scott Vandergrift, Mayo f (SEAL) \... 2 ~ '-' FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this R day of MQt ,1994. FOLEY & LARDNER By: f J<; /wdiJ City Attorney 3 APPROVED BY 1HE OCOEE CITY COMMISSION AT A MEETING HELD ON Mktf II , 1994 UNDER AGENDA ITEM NO. VI (!.. EXHffiIT "A" CITY OF OCOEE SEWER AND WATER SERVICE POLICY ~ <n LANDS WCA TED WITHIN CORPORATE LIMITS OF CITY. A. The City will provide sewer and water service to all lands located both (i) within the corporate limits of the City, and (ii) within the City Sewer and Water Service Territories, per Territorial Agreements with Orange County. B. If lands are located within the corporate limits of the City, but outside the City Sewer and Water Service Territories, per Territorial Agreements with Orange County, then sewer and water service will be provided by Orange County. If the County cannot provide sewer and/or water services to such lands in a timely manner, then the County is required to request wholesale service from the City per the Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County and the Territorial Agreements. The City will consider requests from the County for wholesale service on a case-by-case basis. The City is not obligated to provide wholesale service to lands outside the City Sewer and Water Service Territories. The decision to provide wholesale service will require City Commission approval. <m LANDS WCATED WITHIN UNINCORPORATED ORANGE COUNTY. BUT WITHIN JOINT PLANNING AREA. A. The City will not provide sewer or water service to lands located (i) in unincorporated Orange County, and (ii) outside the City Sewer and Water Service Territories, per Territorial Agreements with Orange County. Such lands must obtain sewer and water service from Orange County, if available. The location of such lands within the Joint Planning Area shall not affect this determination. B. The City will provide sewer and water service to lands located (i) in unincorporated Orange County, (ii) within the Joint Planning Area, and (iii) within the City Sewer and Water Service Territories, per agreements with Orange County, only under the following circumstances: (1) For so long as the land is not located within the corporate limits of the City, the sewer capital charges and the water capital charges shall be charged at the same rate charged to consumers inside the corporate limits of the City plus a surcharge equal to twenty-five percent (25 %) of such rate. \.,. (2) For so long as the land is not located within the corporate limits of the City, the monthly rates and charges for sewer and water service shall be charged at the same rate charged to consumers inside the corporate limits (3) \. (4) \... of the City plus a surcharge equal to twenty-five percent (25 %) of such rate. If a landowner is seeking sewer and/or water service for land which is within the Joint Planning Area, but which is not contiguous to the corporate limits of the City, and, in the opinion of the City, is not likely to become contiguous in light of other potential annexations, then in such event the landowner shall be required to enter into an agreement with the City to petition for voluntary annexation of such land into the corporate limits of the City at such time as the land is contiguous to the City and may be lawfully annexed (or at such time as the City advises the landowner that it is likely the land will become contiguous to the corporate limits of the City). Any such agreement shall not obligate the City to annex the land. Any such agreement shall be in recordable form and binding on the heirs, legal representatives, successors and assigns of such landowner. Upon approval of the City Commission and recording of such annexation agreement, the City shall provide sewer and water service to such land. If a landowner is seeking sewer and/or water service for land which is within the Joint Planning Area and which is also contiguous to the corporate limits of the City, or, in the opinion of the City, is likely to become contiguous in light of other potential annexations, then in such event the landowner shall be required to petition the City for voluntary annexation of such land as a condition precedent to the obtaining of sewer and/or water service from the City. Upon receipt of the annexation petition, the City will conduct an annexation impact review, including a public facilities and services analysis and an evaluation of the fiscal impact of such proposed annexation. Such review will be considered by the Development Review Committee (DRC) which will advise the landowner whether or not the City is interested in pursuing annexation of the land. If the DRC is not interested in pursuing annexation of the land, then the landowner may, at its option, either (a) withdraw the petition for annexation in which case no further action or proceeding will be required to obtain sewer and water service from the City, or (b) proceed with the annexation petition in accordance with all applicable laws, ordinances, policies and procedures. If the DRC is interested in pursuing annexation of the land, then the landowner shall be required to proceed with the annexation petition in accordance with all applicable laws, ordinances, policies, and procedures. The landowner may be required by the City to enter into an annexation agreement or other developer agreements as a condition precedent to annexation and the obtaining of sewer and/or water service. In the event the landowner proceeds with the annexation petition following DRC review (whether due to the requirement of the DRC or the decision of the landowner), then final City Commission action on the annexation petition shall be a condition precedent to the receipt of sewer "- and/or water service from the City. Upon annexation of the land, sewer and/or water service will be provided. In the event the City Commission denies the annexation petition, then sewer and/or water service will be provided unless such denial is due to the refusal of the landowner to enter into an annexation agreement or such other agreements as may be required by the City as a condition of annexation, in which case the City will not provide sewer and/or water service to the land. (5) Subject to the requirements of Sections II(B)(l) - (4) above, it is the policy of the City to provide sewer and water services to all lands which are located (i) in unincorporated Orange County, (ii) within the Joint Planning Area, and (iii) within the City Sewer and Water Service Territories, per Territorial Agreements with Orange County, such sewer and water service to be provided in accordance with the requirements outlined in this policy and the applicable time frames set forth in Sections II(B)(1)-(4) above; provided, however, that the timing for the provision of such sewer and water service may be expedited to an earlier date by the DRC under the following circumstances: (a) If the requested service is for an occupied single family residence; or (b) If the requested service is for an occupied non-residential structure of any size; or (c) If there is an overriding public health, environmental or safety issue, such as, but not limited to, failing septic tanks. The DRC will, on a case-by-case base, determine that date by which sewer and/or water service will be available in accordance with the policies set forth herein. (III) LANDS WCA TED WITHIN UNINCORPORATED ORANGE COUNTY AND OUTSIDE JOINT PLANNING AREA. A. The City will consider on a case-by-case basis applications from landowners for sewer and water service with respect to lands which are located (i) in unincorporated Orange County, (ii) outside of the Joint Planning Area, and (iii) inside the City Sewer and Water Service Territories, per Territorial Agreements with Orange County. Such landowners shall not be required to petition the City for annexation of the lands for which sewer and/or water service is sought. The City shall be under no obligation to provide sewer and/or water service to such lands. The consideration on whether or not to provide sewer and water service will be made by the DRC which shall take into consideration the following factors: (i) capital improvements required, (ii) cost of providing and maintaining service, (iii) fiscal impact on sewer and water systems, and (iv) such other factors \... as the DRC deems relevant. If sewer and/or water service is provided, then the provisions set forth in Sections II(B)(l) and (2) hereof shall be applicable. (IV) APPLICA TION OF SYSTEMWIDE SEWER AND WATER POLICIES. ~ A. The provision of sewer and/or water service under this policy is subject to availability and, except as expressly set forth herein, compliance with all applicable provisions of Chapter 173 of the Ocoee City Code and other applicable laws, statutes, ordinances, rules, regulations and policies in the same manner as applied to lands located within (i) the corporate limits of the City, and (ii) the City Sewer and Water Service Territories, per Territorial Agreements with Orange County. B. The City may require that the landowner enter into a developer agreements as a condition precedent to the receipt of sewer and/or water service. C. The references herein to the Territorial Agreements refer to (i) the Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87- 8), dated June 8, 1987, as amended by the First Amendment thereto dated February 11, 1994, and (ii) the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) dated November 14, 1988, as amended February 11, 1994. D. If an Applicant disagrees with a decision of the Development Review Committee made pursuant to this Sewer and Water Service Policy, then the Applicant may file an appeal of such decision by a written notice of appeal filed with the Director of Planning within 15 days from the date of DRC decision. In the event the Applicant does not file an appeal within such fifteen (15) day time period, then the Applicant shall be precluded from later appealing the decision of the DRC. The Director of Planning will promptly submit the appeal request to the City Commission for review. In the case of an appeal, the decision of the City Commission shall be final. \.., C:\WPSI \DOCSIOCOEIPERDDH04.I2A I 51121941 DEBBIEH I PER:ddh