88-O-12ORDINANCE NO. 88-0-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, PURSUANT TO CHAPTER 180, FLORIDA
STATUTES CREATING A RESERVE AREA FOR THE PROVISIONS OF
WATER AND WASTEWATER SERVICE FOR THE CITY OF EDGEWATER
TO BE KNOWN AS THE GREATER EDGEWATER WATER AND
WASTEWATER SERVICR AREA; PROVIDING A LEGAL DESCRIPTION
FOR SAID AREA; PROVIDING THAT SAID SERVICE AREA SHALL
NOT EXTEND FOR MORE THAN FIVE (5) MILES FROM THE
CORPORATE LIMITS FROM THE CITY OF EDGEWATER; PROVIDING
FOR WATER AND SEWER AVAILABILITY AND CONNECTIONS AND
AVAILABILITY CHARGES; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
WHEREAS, Florida Statute Section 180.02 (1985) provides
that any muncipality may extend and execute all of its corporate
powers applicable for the accomplishment of the purposes of
Chapter 180, Municipal Public Works, outside of its corporate
limits, as may be desirable or necessary for the promotion of the
public health, safety and welfare, provided, however, that said
corporate powers shall not extend or apply within the corporate
limits of another municipality, and,
WHEREAS, the Local Planning Agency required and recommen-
ded that the City Attorney prepare an Ordinance on the subject.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. Creation; Purpose. There is hereby created
under authority of Florida Statutes Section 180.02 (1985) an area
defined as the "City of Edgewater Water & Wastewater Service
Area" for the purpose of delivering to that area water and waste-
water services and exercising within that area the powers provi-
ded for by law.
SECTION 2. The Edgewater Water & Wastewater Service Area
shall include the described property in Volusia County, attached
hereto as Exhibit "A", and by reference incorporated herein as if
fully set forth.
SECTION 3. That the Greater Edgewater Service Area shall
not extend for more than five (5) miles from the corporate limits
from the City of Edgewater, as amended from time to time.
SECTION 4. None of the Greater Edgewater Service Area
includes any area within the city limits of any other incorpora-
ted municipality.
SECTION 5. Legal Description. The legal description by
metes and bounds of the land in Volusia County, Florida, included
within the City of Edgewater City Water & Wastewater Service Area
is on file with the city clerk and available for inspection and
copying.
SECTION 6. Reference to Greater Edgewater City Service Area.
Wherever reference is made in this chapter to the Greater
Edgewater Service Area, such reference shall be construed to mean
the Greater Edgewater Water 6 Wastewater Service Area.
SECTION 7. Water and Sewer Availability.
(1) To the full extent permitted by law, all buildings and
structures, which are located or constructed on property in the
Greater Edgewater Water and Wastewater Service Area and which are
adjacent to a public right-of-way or easement that has a water
main or gravity sanitary sewer located in it, are hereby
required, except as provided in subsection (2) and (3), to
connect with and use the services and facilities of the City of
Edgewater water and wastewater systems in order to preserve the
health, safety and welfare of the citizens and inhabitants of the
Edgewater Water and Wastewater Service Area.
(2) A water main or gravity sanitary sewer is considered
adjacent or available to a property when it is located anywhere
in a public right-of-way or easement adjoining the property. A
water main or gradity sanitary sewer will not be considered avail-
able in a State Road right-of-way unless it is located on the
same side of the paved roadway as the property to be served.
When the water main and/or gravity sanitary sewer is available to
a property, that property will be billed a water service
availabilty charge and/or a wastewater service availability
charge as set forth in Section 19-47.12. The service
availability charge will be credited toward the development fee
at the time the building or structure located on the property is
connected to the City of Edgewater water and/or wastewater
systems as set forth in Section 19-42.
(3) If a water main is adjacent or available to a property,
and a building or structure located on that property is connected
2 Ord. 88-0-12
to an individual well, then that building or structure will be
required to be connected to the City of Edgewater's water system
when the well system fails, becomes contaminated or experiences a
dry well condition or a permit is requested from the Volusia
County Health Department or other appropriate authority for a
replacement well. If a gravity sanitary sewer is adjacent or
available to a property, and a building or structure located on
that property is connected to a septic tank system, then that
building or structure will be required to be connected to the
City of Edgewater's wastewater system when the septic tank fails
or a permit is requested from the Volusia County Health
Department or other appropriate authority for a septic tank or
drainfield replacement.
SECTION 8. Section 19-47.12 of the Code of Ordinances is
hereby amended to read as follows:
Credit given against development fee when individuals con-
nect who have been previously paying monthly service availability
charges for utility service, although notconnected to the system.
The City of Edgewater City will allow the application of
monthly service availability charges paid for water and/or waste-
water service as a credit not to exceed the total cost of the
development fee assessed to the connector.
SECTION 9. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 10. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 11. This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Prater
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater City, Florida,
and approval as provided by law, at a regular meeting
of said Council held on the 4th day of April , 1988.
3 Ord. 88-0-12
The second reading of this Ordinance to be at a regular
meeting of the City Council of the City of Edgewater, Florida,
to be held on the 2nd day of May , 1988.
ROLL CALL VOTE ON ORDINANCE NO. 88 12
1-7
Mayor
0 7}s Lman-^ e n
Councilman -Zone Two
Counc' man- ne T
Councilman -Zone Four
SECOND READING:
Counci n-e h
Co ci man Zone Four
This Ordinance read and adopted on second reading at a
regular recessed meeting of the City Council of the City of Edge-
water Florida, and authenticated this 5th day of
May 1988.
Mayo
4 Ord. 88-0-12
CITY OF EDGEWATER
CHAPTER 180 RESERVE AREA:
Beginning at an old stake situated ninety-seven feet (97') East of the center of the
bridge South Canal, Gabordy's Canal at its junction with the Indian River North,
and the Southeast Corner of the Pedro De Cala Grant also being the southeast corner
of the Seymour Pickett Grant, supposed to be located within a few feet of the
Northeast corner of said bridge, and on the North shores of said Canal, in Township
175, Range 34 East; thence Westerly along the South line of said Pickett Grant
approximately 5,000 feet to a point. Said point being the Northwest corner of Section
29, Township 17 South, Range 34 East, thence southerly along the west line of said
Section 29 approximately 3,070 feet to the North line of the Geronimo Alvarez Grant;
thence westerly along the north line approximately 600 feet to the Northwest corner
of said Alvarez Grant; thence southerly along the west line of said grant approximately
225 feet to the southeast corner of Section 30, Township 17 South, Range 33 East,
thence west along the south line of said Section 30 approximately 2,000 feet to a
point on the east line of the Ambrose Hull Grant; thence southerly along said east
line approximately 3,000 feet to a point on the north right-of-way line of the Florida
East Coast Railroad. Thence westerly along said right-of-way line approximately
6,000 feet to a point on the south line of Township 17 South, Range 33 East. Thence
west along said south line approximately 7,500 feet to the northwest corner of Section
6, Township 18 South, Range 34 East; thence south along west line of said Township
18 South, Range 34 East, approximately 35,800 feet to the southwest corner of Section
31, Township 18 South, Range 34 East; thence east along the south line of Township
18 South, Range 34 East, approximately 7,600 feet to a point on the west line of
the John Low Grant; thence northerly along said west line approximately 1,800 feet
to the northwest corner of said John Low Grant; thence northeasterly along north
line of said Grant approximately 11,700 feet to a point on the west line of the Joseph
Wales Grant; thence northwesterly along the west line approximately 800 feet to
the northwest corner of said Joseph Wales Grant; thence easterly along the north
line of said grant approximately 10,000 feet to the northeast corner of said grant;
thence southerly along the east line of said grant approximately 3,700 feet to a
point on the south line of Section 25, Township 18 South, Range 34 East; thence
easterly along the south line of Sections 25 and 30 approximately 5,900 feet to a
point on the west line of the McHardy Grant; thence southerly along said west line
approximately 200 feet to the southwest corner of said McHardy Grant; thence
westerly along south line of said grant approximately 3,600 feet to a point on the
center line of the United States Government Main Channel of the Indian River north;
thence northerly along said center line approximately 43,500 feet to a point on the
south line of the Pedro De Cala Grant; thence westerly along said south line
approximately 1,000 feet to the Point of Beginning.
Less the following:
For a Point of Beginning, start at the intersection of the centerline of U.S.
Highway No. 1, and the South section line of Said Section 13, Township 18
South, Range 34 East, thence in a southerly direction along said highway
centerline a distance of 350 feet, more or less, to the North boundary line
of Riverfront Estates, thence easterly along said north boundary line of
Riverfront Estates on a bearing of North 880 23' East for a distance of 2,600
feet more or less to the median highwater line of the Indian River; thence
following said median high water line in a generally Northerly direction to
a point of 175 feet north of the south boundary line of the Jane Murray Grant,
said south boundary line of the Jane Murray Grant also being the south boundary
line of said Section 49 and the north boundary lines of said Sections 13 and
50; thence moving in a southwesterly direction, remaining 175 feet north of
and parallel to said south boundary line of the Jane Murray Grant, a distance
of 2,930 feet, more or less, to the centerline of said U.S Highway No. 1; thence
in a southerly direction and following said centerline of U.S. Highway No.
I a distance of 175 feet, more or less, to the North section line of said Section
13; thence South 680 38' 36" West a distance of 1,811.88 feet, more or less,
thence South 00" 50' 02" East a distance of 1,010 feet, more or less, to a point;
thence North 89" 32' 43" East a distance of 220 feet more or less, to a point;
thence North 00" 50' 02" West a distance of 85 feet more or less, to a point;
thence North 87° 35' 58" East a distance of 2,094 feet, more or less, to the
centerline of said U.S. Highway No. 1; thence following said centerline in a
Southeasterly direction a distance of 1,400 feet, more or less, to a Point of
Beginning.
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