Loading...
HomeMy WebLinkAbout07-114 RESOLUTION NO. 07-114 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, ACTING FOR THE COUNTY AND ACTING FOR THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT AS THE DISTRICT BOARD, INITIATING A CHAPTER 164, FLORIDA STATUTES, CONFLICT RESOLUTION PROCEDURE REGARDING A UTILITY SERVICE AREA CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the Agreement of Transfer by and between SI. Lucie County ("County") and City of Port St. Lucie ("City"), dated June 28, 1994, in which the County transferred the former General Development Utilities ("GDU") utility system to the City ("GDU Transfer Agreement"), the City and the County agreed to certain utility service area boundaries with the City's service area bounded on the north by Midway Road and on the west by the Range Line Road right-of-way ('Transfer Agreement Boundary"), and pursuant to the definition of "Service Areas" contained in Section 1.1 of the GDU Transfer Agreement, the City agreed that before the City extended water and sewer service beyond the Transfer Agreement Boundary, the City would have to obtain the consent of the County Commission; and WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the County Commission created the St. Lucie County Water and Sewer District ("District"), pursuant to Chapter 153, Part 11, Florida Sta1utes (§153.50 et seq.) ("Act"), which District boundaries wrap around the City's utility service area boundaries at Midway Road and the Range Line Road right-of-way ("District Service Area"), and pursuant to §153.86 of the Act, the City is be precluded from extending any of its water and sewer utility facilities into the District utility service area without the consent of the County Commission sitting as the District Board; and WHEREAS, notwithstanding notification by the County of requirements of the Transfer Agreement and the Act, the City has publicly stated that it intends to extend water and sewer utility service beyond the Transfer Agreement Boundary and into the District Service Area, without obtaining the consent of the County Commission; and WHEREAS, the County Commission has been unable to persuade the City to voluntarily comply with the requirements of the Transfer Agreement and the Act, and accordingly since this utility service area conflict is unresolved, the County seeks to initiate the conflict resolution procedures provided for in Chapter 164, Florida Statutes ("Conflict Act"). NOW THEREFORE, be it resolved by the Board of County Commissioners of St. Lucie County, Florida, acting for the County and on behalf of the District as the District Board: Section 1. INCORPORATION OF RECITALS. The County Commission, for itself and acting as the District Board, hereby incorporates and restates the above Recitals, which describe the nature and basis of the conflict between the County, acting for the County and on behalf of the District as the District Board, and the City regarding extension of water and sewer utility service outside the Transfer Boundary and into the District Service Area (the "Conflict"). Section 2. INTENTION TO INITIATE CONFLICT RESOLUTION PROCESS. The County Commission, acting for the County and acting for the District as the District Board, hereby states that it is its intention to initiate the conflict resolution procedures provided in the Conflict Act prior to initiating court proceedings to resolve the Conflict. Section 3. ISSUES IN CONFLICT/PARTlES TO CONFLICT. The issues in conflict are, (I) whether the City may extend water and sewer utility service outside the Transfer Boundary without County Commission consent; and (2) whether the City may extend water and sewer utility service inside the District Service Area without the County Commission consent sitting as the District Board. The parties to the conflict are the City, the County and the District. Section 4. EFFECTIVE DATE. This Resolution shall become effective upon adoption. - Section 5. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chainnan Chris Craft NAY Vice Chairman Joseph E. Smith NAY Commissioner Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Charles Grande AYE PASSED"~.c~·1 lIlt. ENACTED this 27th day of March, 2007. ,~.(~~\" /----........'.j' ¡. 41"~'(.î:::::".·>:::-. c,~¡\ \.((c ~(~ f:1~' .' '. ì: \. \ 'J~ 1" 'I" IiI; 'i"1 1:1 ç~ \")~¿~/ l '--.,./ .:::~/j C) ,>,-: BY: G CII irman APPROVED AS TO FORM AND CORRECTNESS: BY: '~ I.rl- County Attorney