12-2398 Utility Code Clarification

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RESOLUTION 12-2398 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, CLARIFYING CODE SECTIONS 86-69(C) and 85-206(C) INTERPRETING THE CITY CODE REGARDING UTILITY CONNECTION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, City Code Sections 86-69(c) and 85-206(c) were adopted in 1991, and collectively provide that when application is made for City water or sewer service by a non-resident, as a prerequisite for utility service, the owner of the property shall either simultaneously annex the property into the City, or sign an annexation petition, if the property is not contiguous; and WHEREAS, these code provisions arguably lend themselves to two different interpretations: 1) all new customers must sign annexation petitions even though the customer's property might have been previously served for many years by the City utility; and 2) only those owners of properties connecting to the City's utility system for the first time must sign annexation petitions; and WHEREAS, the City Commission desires to provide guidance to Staff to interpret City Code Sections 86-69(c) and 86-206(c) to better reflect the Commission's intention, since the City and areas in its utility service area are primarily built out, and the City is surrounded on its borders by older subdivisions which have long been served by City utilities; and WHEREAS, the City Commission is most concerned that new development or redevelopment within its utility service area be compatible with development inside its borders and with the City's Comprehensive Plan, and that new utility customers connecting to the City's utility system for the first time contribute to the City commensurate with the burden those new customers place on City services, including City parks and emergency services; and WHEREAS, the City Commission wants to ensure that these code sections are applied consistently throughout the City's utility service area: and WHEREAS, in order to accomplish these goals, the City Commission has decided to adopt this Resolution to govern the interpretation of these code sections to require only those property owners with property not in the City, who are constructing new development or redevelopment and who are requesting a first time connection to the City utility execute annexation petitions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: