04-14-1994 - Luncheon
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THE CITY OF EDGE WATER
POSTOFFICH BOX IO()-EDGEWATER, FLORIDA 32132-010{)
April 11, 1994
-PUBLIC NOTICE-
The City Council of Edgewater will be
having a luncheon with the Volusia County
Council at 12:00 Noon on Thursday, April 14,
1994, in the Training Room at 123 West Indiana
Ave., DeLand.
Isk
COUNTY COUNCIL AGENDA - APRIL 14, 1994
VI. PUBLIC HEARINGS AND TIME CERTAIN MATTERS
G. 10:45 a.m. - Request for approval of assignment of Contract to purchase 601 South
Atlantic Avenue, and approval of Contract to purchase parcel of land located
north of Richards Lane on South Atlantic Avenue
(Staff Contact: T. C. Kelly, Ext. 2391)
H. 11:00 a.m. - WORKSHOP with Halifax Area Advertising Authority
I.. 12:00. noon _LUNCH`W'TTH EDGEWATERACITX MMIISSION :(TraininrtoQm): +
(Pg. 219) J. 1:30 p.m. - Presentations and ranking of firms for provision of Construction
Management/General Contractor services for Solid Waste Transfer Facility
1. 1:30 p.m. - Foley & Associates Construction Co., Inc., Daytona Beach
2. 1:50 p.m. - Sverdrup Facilities, Inc., Orlando
3. 2:10 p.m. - Tumer /Emcon, Orlando
(Memorandum PR -M -94 -113)
(Staff Contact: Jim Griffin, Ext. 2234)
(Pg. 220) K. 2:30 p.m. - Rehearing of Zoning Case S -94-002 __
Zoning Case: S- 94-002
Applicants: Ralph and Lori Pennino, Owners
Location: North side of Violetwood Road ±400 feet east
from North Stone Avenue, north of DeLand
Request: Special Exception for a Garage Apartment on R -3
and A -3
PLDRC Approval of original request subject to two
conditions.
Zoning Staff
Recommendation: Approval subject to two conditions.
(Memorandum GM- ZON- 94 -079)
Page 9 of 11
I
THE CITY OF EDGE WATER
POST OFFICE BOX 100- EDGEWATER, FLORIDA 32132 -0100
CITY MANAGER'S OFFICE
(904)424 - 2404 FAX - (904)424 - 2409 SUNCOM 383 - 2404
Mayor Jack H. Hayman
District 1 Councilman Kirk E. Jones April 12, 1994 City Manager George E. McMahon
District 2 Councilwoman Louise A. Martin City Attorney Krista A. Storey
District 3 Councilman Michael D. Hays City Clerk Susan J. Wadsworth
District 4 Councilman David L. Mltchum
VIA FAX TRANSMITTAL
Mr. Phil Giorno, Chairman
Volusia County Council
123 West Indiana Avenue
DeT,ard FT, 12770
Subject: Proposed Interlocal Service Area Agreement/
• Volusia County -City of Edgewater
Dear Mr. Giorno:
Phil, at the request of Mayor Jack Hayman, I am sending you the
revised proposed Interlocal Service Area Agreement between the
County and City. Additionally, maps will be prepared for
distribution at the County -City meeting this Thursday.
The agenda items we request be discussed at this meeting are as
follows:
1. The City shall retain the power to request annexation
into the City for the purpose of receiving utilities.
2. The ability of the City to continue surcharging out -of-
city customers in agreement with the current State
Statutes or for a- period of time to compensate for the
Litt ' s capital investment in regard to outstanding
indebtedness. This is currently estimated be a period
of time of 15 years. Although the City is empowered to
impose a surcharge of up to 50% under extraordinary
circumstances for out -of -city utility users, we would
expect to charge 25 %, depending on the amount necessary
to pay the fair share of indebtedness.
3. The highest r-riorit;r of service area for the City is from
the City of Edgewater limits South to Boston Whaler and
West to approximately one -half mile beyond I -95 on S.R.
442.
•
•
Interlocal Service Area Agreement
April 12, 1994
Page Two
Finally, we would hope that the County and City would agree in
principle on what areas lend themselves to wholesale and retail
utility agreements with the County.
Sincerely,
George a6n
City Manager
GEM:lsk
Enclosure
cc: Mayor and City Council
City Attorney Krista A. Storey
Utilities Director Terry A. Wadsworth
Community Development Director Mark P. Karet
AGREEMENT BY AND BETWEEN
COUNTY OF VOLUSIA, FLORIDA, AND
THE CITY OF EDGEWATER
WHEREAS, the County of Volusia ( "County ") is a Florida home
rule charter county and has all powers of local self - government not
inconsistent with general law, and the City of Edgewater ( "City ")
is a Florida municipal corporation; and
WHEREAS, Section 125.01(1)(K), Florida Statutes, provides that
county government shall have the power to "provide and regulate
waste and sewage collection and disposal, water supply, and
conservation programs "; and
WHEREAS, Section 180.02, Florida Statutes, provides that a
municipality may establish a water and sewer reserve area up to
five (5) miles from its corporate limits; and
WHEREAS, on May 5, 1988, the City adopted Ordinance No. 88 -0-
12 creating the Greater Edgewater Water and Wastewater Service Area
for Southeast Volusia County; and
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, Florida Statutes, and Rule
Chapter 9J -5, Florida Administrative Code, provide requirements and
guidelines regarding land use planning, establishment of "levels of
service ", capital improvement programming for infrastructure
requirements, inter - governmental coordination and cooperation,
consistency of comprehensive plans, both internally and with
adjacent jurisdictions, and concurrency of infrastructure provision
with development approvals; and
agreemnt \interlocal.service
April 6, 1994 1
WHEREAS, the County currently owns and operates water
distribution and wastewater collection, treatment and disposal
systems which serve customers in unincorporated areas of the
County; and
WHEREAS, the County has completed an engineering report
entitled "Southeast Volusia County Water and Wastewater Systems
Master Plan" which demonstrates the environmental desirability and
feasibility of providing centralized water and sewer services to
the area extending from the southerly city limits of the City of
Edgewater through the Brevard County line; and
WHEREAS, the City has completed an engineering report
entitled "Southern Reserve Planning Area Water and Wastewater
Master Plan" which demonstrates the City's ability to serve the
area from the southerly City limits to the Brevard County line; and
WHEREAS, the City currently owns and operates water
distribution and wastewater collection, treatment and disposal
systems which serve customers within and outside the City's
corporate limits; and
WHEREAS, both the County and tie City desire to take aii steps
possible to protect the Indian River and Mosquito Lagoon from water
quality degradation as well as all steps necessary to eliminate any
sources of potential water quality degradation; and
WHEREAS, it is not the intention of the County to be the
provider of potable water and /or wastewater services within the
boundaries of the City nor within areas designated herein as City
Service Areas; and
agreemnt \interlocal.service
April 6, 1994 2
WHEREAS, the parties make and enter into this Agreement for
the purpose of accomplishing the goals and objectives stated
hereinabove.
NOW, THEREFORE, for $10.00 and other good and valuable
consideration given by each party to the other, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. The foregoing recitations are true, correct and
incorporated herein by specific reference.
2. Incorporated herein by specific reference, and attached
hereto is a map, being Exhibit 1, comprising the intended water and
wastewater service areas of the County and City, respectively,
which may in the future be amended as hereinafter set forth.
3. The map and boundary descriptions described as Exhibit 1
is the result of studies, negotiations, engineering evaluations and
analysis, and examinations by the respective parties as to the best
and most practical division of potable water, wastewater and reuse
water service areas and methods for the provision of such within
the unincorporated County and the adjacent City of Edgewater. As
to those territories identified as the "City Service Area" in
Exhibit 1, the City shall, in accordance with City requirements,
have the exclusive right to provide potable water, wastewater and
reuse water service, both on a retail and wholesale basin aa
determined herein. As to those areas on Exhibit 1 marked "County
Service Area ", the County shall have the exclusive right and duty
to provide potable water, wastewater and /or reuse water service
agreemnt \interlocal.service
April 6, 1994 3
within such areas. The phrase "in accordance with City
requirements" as used above is not intended and shall not be
construed as the County having granted to the City, within the
unincorporated areas of the County, any legislative or executive
powers or authority or any other rights or powers to legislate,
exercise control or apply any City ordinances or codes except those
that govern the extension and provision of potable water,
wastewater and effluent services within the City limits, and it is
clearly understood that such unincorporated areas within either the
"City Service Area" or "County Service Area" shall remain subject
to the County's ordinances, rules and regulations, including but
not limited to all County ordinances governing the planning,
zoning, permitting, platting, construction, land development, etc.,
of any property located herein.
As to the remaining area on Exhibit 1 falling outside of areas
marked "City Service Area ", the County shall have the right to
provide potable water, wastewater and reuse water service within
such area, both on a wholesale and retail basis. This shall not be
interpreted to preclude the County from negotiating with the City
to provide wholesale service to this area.
4. The County agrees that except for existing franchises
authorized under the Public Service Commission it shall not provide
nor permit to th«- extent permi by law the privatc prc7icicm
of water or wastewater services within the "City Service Area."
Except as provided in paragraph 5 below, the City shall impose no
condition related to the installation or provision of service in
agreemnt \interlocal.service
April 6, 1994 4
the unincorporated area which is not provided for in regulations of
the City applicable within its municipal limits at the time an
application for service is made. Nothing herein shall preclude the
County from permitting development on lands which do not have an
urban land use classification in the Volusia County Comprehensive
Plan with individual wells and /or sanitary septic sewage disposal
systems.
5. In order that the City may recover its extraordinary
capital costs for extending lines and providing additional
services, and to reduce or eliminate revenue shortfalls, the City
may charge consumers outside the corporate limits of the City other
than the County up to a twenty -five (25) percent surcharge on in-
city water and wastewater rates, fees, and charges determined in
accordance with Section 180.191, Florida Statutes (1993).
6. The City may request annexation as a condition to
providing water and /or wastewater service to existing and new
development contiguous to the City boundaries at the time service
is requested. For new, non - contiguous development requesting water
- andicr wastewater service by the City, the property cwncr may be
requested to enter into a written agreement to annex at such time
as the property becomes contiguous and meets the requirements for
- voluntary annexation under .general law. Such agreement shall be
and shall be bind.:. -pc.. all :.uccocscrs in int- } .
7. The City shall, within twelve (12) months of the date of
this Agreement, amend its Comprehensive Plan to include provision
for water, wastewater and reuse water services within the "City
agreemnt \interlocal.service
April 6, 1994 5
Service Area" including all necessary amendments to the Potable
Water Element, Sanitary Sewer Element and Capital Improvement
Element. Such amendments shall be consistent with the Volusia
County Comprehensive Plan in all respects, except that level of
service shall be as set in the City's currently adopted
Comprehensive Plan. Should the City not adopt appropriate
amendments consistent with the Volusia County Comprehensive Plan,
the County shall have the right to provide water, wastewater and /or
reuse water service within unincorporated portions of the "City
Service Area ", irrespective of any other provisions of this
Agreement.
8. In the execution of this Agreement, the City will abide
by the rights -of -way use regulations of the County. However, the
County agrees that it will not unreasonably interfere with or
withhold consent for the use by the City of rights -of -way, express
or implied easements or the exercise of any other possessory
interest which is now in use or which may become necessary to
effectuate the intent hereof.
The County and City agree to cooperate with each other ih
the interconnection at appropriate points to their water,
wastewater, and /or reuse water systems (hereafter collectively
referred to as the "system") -and -receive-services on a wholesale
basis in order to better ccry icc thc ..uctcmer.; of thc connccting
party's system.
10. For all Volusia County development orders for which a
Concurrency Certificate of Capacity must be executed and where the
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April 6, 1994 6
proposed development is within "City's Service Area" a
"determination of capacity" form will'be submitted to the City for
review and completion. The City shall make a determination of
available capacity in accordance with the provisions of Article XIV
of the Volusia County Land Development Code, Ordinance No. 88 -3, as
amended. In reviewing projects for capacity availability and
reservation, all projects shall be considered on a "first come,
first served" basis, and in accordance with the City's tariff. The
City will within fifteen (15) days of receipt, execute and return
all "determination of capacity" forms to the Land Development
Manager, County of Volusia, Florida, 123 West Indiana Avenue,
DeLand, Florida 32720 -4253.
11. The parties hereto acknowledge the desirability of
communication and coordination in the planning process which
affects their respective service areas. Accordingly, they will
endeavor, through separate agreement, to formalize a coordinated
planning and communication process beneficial to both parties.
12. .The parties hereto recognize and agree that time is of
the essence in thio :agreement. 'i cy additionally .. nd
agree that failure of performance by any party of the terms of this
Agreement may result in injury to the other that may not be
.- adequately redressed by a remedy at law.
. �: -
a 3 T::� parties h."..i ...tV - --- .. :r any ia-. i .•.
execution hereof, they will, upon the request of the other, execute
and deliver such other documents and further assurances as may be
reasonably • required by such other party in order to carry out the
agreemnt \interlocal.service
April 6, 1994 7
intention of this Agreement. Each party agrees that should it fail
to do all things necessary to complete this Agreement, through no
fault of the other, that the other shall have the right of specific
performance of this provision.
14. Failure to insist upon strict compliance of any of the
terms, covenants, or conditions hereof shall not be deemed a waiver
of such terms, covenants, or conditions, nor shall any waiver or
relinquishment of any right or power hereunder at any one time or
times be deemed a waiver or relinquishment of such right or power
at any other time or times.
15. This writing embodies the entire Agreement and
understanding between the parties hereto, and there are no other
Agreements or understandings, oral or written, with reference to
the subject matter hereof that are nor merged herein and superseded
hereby.
16. It is agreed by and among the parties hereto that all
words, terms, and conditions contained herein are to be read in
concert, each with the other.
17. All notices, demands, or other communications given
hereunder shall be in writing and shall be deemed duly given if
delivered in person or sent by certified mail, return receipt
requested, postage prepaid, addressed as follows:
• To Volusia County: With a to:
County Manager County Attorney
Volusia County, Florida 123 West Indiana Avenue
123 West Indiana Avenue DeLand, FL 32720 -4612
DeLand, FL' 32720 -4612
agreemnt \interlocal.service
April 6, 1994 8
Assistant County Manager
for Development &
Operations
123 West Indiana Avenue
DeLand, FL 32720 -4253
To City of Edgewater: With a Copy to:
City Manager City Attorney
City of Edgewater City of Edgewater
P. 0. Box 100 P. O. Box 100
Edgewater, FL 32132 -0100 Edgewater, FL 32132 -0100
Dir= cr of r.=1...._.. 1-j
Development
City of Edgewater
P. 0. Box 100
Edgewater, FL 32132 -0100
Director of Utilities
City of Edgewater
P. 0. Box 100
Edgewater, FL 32132 -0100
18. The County and the City acknowledge that they each
participated in the drafting of this Agreement. In the event that
any term of this Agreement shall be interpreted by a court of
competent jurisdiction, the Agreement shall not be construed more
or less favorably on -behalf of either party hereto on the ground
that such party was or was not the drafter of this Agreement.
19. In connection with any litigation, including appellate
proceedings arising out of the terms of this Agreement, the
prevailing party shall be entitled to attorney's fees and costs.
20. All terms of this Agreement, including all covenants,
representations and warranties contained and made herein, shall
survive the execution hereof.
agreemnt \interlocal.service
April 6, 1994 9
21. This Agreement may be amended from time to time by mutual
consent of the parties. Either party may propose an amendment to
this Agreement. All amendments shall be in writing. No amendment
shall be effective until approved by both parties to this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized representatives
as of this day of , 1994.
ATTEST: VOLUSIA COUNTY, FLORIDA
By:
County Manager Chairman, County Council
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS;
Rrista A. Storey
City Attorney
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April 6, 1994 10