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2016-005 Resolution Intent to Annex Agreement for Water, Sewer and/or Reclaimed Water Service RESOLUTION NO. 2016-005 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTENT TO ANNEX AGREEMENT FOR WATER, SEWER, AND/OR RECLAIMED WATER SERVICE; PROVIDING FOR ELIGIBILTY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. 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 and Chapter 166, Florida Statutes. SECTION 2. Execution. The Mayor and City Clerk are hereby authorized and directed to execute "Annexation Agreements for Water, Sewer, and/or Reclaimed Water Service" between the City of Ocoee and Residential Homeowners located within the Joint Planning Area but not within the incorporated City limits. SECTION 3. Eligibility. A residential property that is within the City of Ocoee's Water, Sewer, or Reclaimed Water Service Area, as defined by City of Ocoee's Joint Planning Agreement(s) with Orange County, but is not incorporated is hereby eligible to be served potable water, sewer, and/or reclaimed water service upon satisfying the following requirements: 1. Property owner execution of"Application for Water, Waste Water and/or Reclaimed Water Service for Non-Incorporated Residential Properties." 2. The residential property must have water service that is reasonably available to the property. Reasonable shall be determined by the City at the sole discretion of the City. 1 3. Owner of the property must pay all applicable fees and expenses to provide service to the property. Fees and expenses shall include but not be limited to the following: a. Water, Sewer, or Reclaimed Water Capital Fee - Current Capital Fee(s) as set by City Ordinance. b. Meter Installation Fee Current Fee as established by Resolution. c. Extenuating expenses incurred by City for the installation of the water service/meter - actual expense incurred. d. Account Setup Fee and Deposit - Current Fee as established by Resolution. e. Administrative Fee - $100.00 f. Annexation Fee - $300 4. The execution of the "Intent to Annex Agreement for Water, Sewer, and/or Reclaimed Water Service"by both the property owner and the City. SECTION 4. Severability. If any section, subsection, sentence, clause 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 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. [Signature Page Follows] 2 PASSED AND ADOPTED this /tot day of %c1'I , 2016. APPROVED: ATTEST: Y OF OCOE , FLORIDA • • • 41. • 0 , Beth Eikenberry, City Clero Rus J iinson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON A pri'l /9 ,2016, LEGALITY THIS II DAY OF UNDER AGENDA ITEM NO. . 1-^ ,2016. SHUFFIELD,LOWMAN & WILSON, PA By: Cit; Atto - 3