HomeMy WebLinkAbout06-27-85 WS
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MINUTES OF THE JOINT WORKSHOP WITH THE COMMISSION AND
PLANNING AND ZONING BOARD HELD JUNE 27, 1985
PRESENT: Mayor Ison, Commissioners Cox, Rodgers, and Hager,
City Manager Griffin and City Attorney Hayman, P & Z Board
Members Brooklyn, Sanders, Smith, Swickerath, and Breeze, and
Deputy Clerk Louloudis.
ABSENT: Commissioner Bateman, and P & Z Board Members Lahde,
and alternate Busch.
CALL TO ORDER
Mayor Ison called the scheduled workshop to order at 7:02
p.m.. Mayor Ison then led those present in prayer and to the
Pledge of Allegiance to the Flag.
DISCUSSION OF OCOEE CITY URBAN SERVICES DISTRICT
City Planner Russ Wagner gave the Boards a summarization of
Chapter 180 of the Florida State Statutes. The main points
given are stated below.
1. Any municipality may extend and execute corporate powers
outside corporate limits to promote health, safety, welfare,
and for accomplishing purposes or Florida Statute 180.
2. A municipality may create a zone by Ordinance not
exceeding five miles out from City boundaries to require
residents to connect to the sewerage system when available.
3. When utility systems are to be extended, the municipality
is to give notice by Ordinance or Resolution and provide a 30
day period to conduct a hearing if any objections are filed.
4. The municipality is to authorize actual construction by
Ordinance/Resolution no earlier than 40 days after passage
and may issue mortgage revenue certiricates to finance
improvements..
5. The Act gives broad powers to private companies as well
as municipalities to contruct and operate a wide range of
"Public Works" projects. (Any other private company or
municipality operating a utilty system adjacent to a proposed
utility system must give its permission.
6. The Act allows municipalities to combine revenues
generated by eXisting "utilities" with those anticipated from
new utilities and pledge them toward funds borrowed for
expansion projects.
7. Mortgage revenue certificates may be issued without
regard to limitations on municipal indebtedness as long as
debt is structured not to affect general tax liability of
the City.
8. Should anyone protest the issuance of bonds for utitlity
improvements, they must file within 30 days. A petition
signed by 20% of the voters requiring a referendum to be held
within 60 days to determine if voters will approve such
expenditures.
9. The Act allows municipalities to enter private lands
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Commission & P & Z Joint Workshop
June 28, 1985
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inside and outside the city for survey and examination.
10. The Commission may create a separate utility board to
operate systems and establish procedures and rates.
11. Municipalities and private companies may operate utility
systems under franchise agreements specifying rates and
regulations.
12. If a private company's franchise expires, it may
petition the municipality to purchase its utility operation
at a negotiated price or via condemnation.
13. A municipality may allow perons outside its boundaries
to connect to its utility systems. Charges to such customers
can be higher than to those inside the City, with some
limitations.
14. A private utility company with a franchise agreement may
extend services outside city boundaries upon agreement of all
parties.
15. Any municipality or private company authorizes under the
Act has power of eminent domain over public tracts of lands
and rights-of-way, and any municipality may bond for projects
outside its boundaries as if they were inside.
16. Should a municipality purchase or sell a water or sewer
utility, it must hold a public hearing and analyze the
impacts and feasibility of such sale or puchase as it relates
to the public.
17. Here are some general things to consider when laying out
an urban service area:
A. Area should only include lands which municipality
resonably expects to serve.
B. Area should not include eXisting devlopments already
served by water and sewer.
C. Area should primarily include lands showing little
or no existing development.
D. Area should include lands within common drainage
areas, that is, include lands on both sides of a lake or
stream.
E. Area should generally include both sides of an
existing roadway rather than extending along the road so that
service can be provided in a cost effective manner.
F. Whatever area is designated should be considered as
the "reserve area" for future comprehensive planning
purposes.
Mr. Griffin stated the rule of thumb seems to
laying the pipe first gets the property. The
services) does not have to be the entity who
property.
be whoever is
provider (of
annexes the
Comm. Rodgers asked if the City of Ocoee could assess a
franchise fee from the County if they served the citizens of
Ocoee with sewerage. This question was unanswered. Comm.
Rodgers questioned what would happen if Ocoee stretched its
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City Commission & P & Z Board Joint Workshop
June 27, 1985
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Urban Service Area the entire five miles, and put 1/2 inch
P.V.C. pipe all around. The Act states "provides services",
and nothing of what kind of services. Mr. Griffin felt the
City would get into a lawsuit over "adequate services". The
County is hindering the cities from growing. Comm. Rodgers
thought that eventually everything will be consolidated.
Municipalities can provide basic services for less monies
than the County can. Comm. Rodgers warned against over
extending the Urban Service Area. Comm. Rodgers thought the
sewer should be reserved for commercial, industrial and
multi-family; single family residential should be septic
tanks.
Chairman Breeze felt safer calling the areas our "Reserved
Annexation Area". Chairman Breeze was against supplying
services outside the City limits. There is a risk of
annexations requesting sewer and water, as Statute 172 says
municipalities can not annex properties they can not serve.
Property owners can voluntarily annex, without the City being
responsible to serve water and sewer. Mr. Burton Smith
advised the Commission to be conservative with the urban
service area, and to be sure we could supply services to
those lands we include. Members Sanders and Brooklyn agreed
with Mr. Smith. Mayor Ison stated it would be more
profitable to serve commercial areas than residential,
therefore we should include a stretch of SR 50. Comm. Cox)
Rodgers and Hager agreed that SR 50 would be top priority.
Comm. ROdgers suggested including SR 50 from Good Homes Road
to Winter Garden city limits. Mr. Swickerath agreed that SR
50 should be top priority to create jobs for our children.
Mr. Swickerath also suggested when the City goes to the
County to negotiate our Urban Service area, include enough
land to bargain with. Comm. Hager agreed with SR 50, and
added the City can not stop lines of communication. Mr.
Griffin suggested we draw it out on a map and then go to the
County with our proposal, and negotiate with them. We must
figure out the feasibility of supplying services to the area
we map out as the Urban Service Area. Mr. Swickerath stated
the City needs to spend more money on capital improvements.
Mayor Ison stated we would do more improvements as we annex
more property. Mr. Smith thought we should only draw the line
to where we know we want to annex, like a potential
annexation plan. Comm. ROdgers stated he does not trust the
County, and he feels if we tell the County exactly what we
want and where we would like our boundaries to be, they will
make that area their top priority. Comm. Rodgers suggested
starting annexation procedures on both sides of Highway 50,
and take it from there.
In short, both Boards agreed we need to concentrate on the SR
50 area, as that area will be commercial, which is where the
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City Commission and P & Z Board Joint Workshop
June 27, 1985
Page 4
City will collect the most money. Both Boards agreed we need
to take action, and we need to be conservative with the lines
we draw on the map, as the area we map out, we must be
prepared to service.
The Joint workshop adjourned at 9:00 p~~ ~ ~
MAYOR ISON
ATTEST:
~Jpu~
DEPUTY CLERK L LOUDIS
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