HomeMy WebLinkAbout1987 12 22 - Mandatory Connection to Water SvcTHOMAS C. PALMER
ATTORNEY AT LAW
P.O. BOX 145, 1627 U.S. HWY. +1, SEBASTIAN, FLORIDA 32958
305-589-7550
December 22, 1987
TO: Bruce Cooper
Building Official
Re: Mandatory Connections to Water Service. (Private Utility).
I enclose a copy of a judicial opinion in a case style Rodney L
and Michelle Geirsdorf, et al. -v- City of Port St. Lucie, Flor
No. 84 -623 -CA -25, St. Lucie County, Florida.
This case makes no distinction between land owners who had
water service and those who did not. The language of this case
suggests very strongly to me that a City may not compel mandatory
hook-ups to water service, period. This applies to persons who
are just constructing their homes and who do not have any well
installed.
Of course, it is most often in a landowner's best interest
to elect to hook up when building a new house. You can advise them
in those cases where water service is "available" so they can make
an intelligent election. It is generally considered that having
water service from a utility improves the value of real property,
especially for resale purposes.
Summary: According to the attached opinion, a City may not compel
any propoerty owner to mandatorily hook-up to water
service unless there is a genuine health problem involved
in a specific case or cases.
This opinion does not address municipally owned systems or
combined water and sewer service systems.
Thomas C. Palmer
encl: as specified.
cc: L. Gene Harris, Mayor
General Development sties, Inc.
PORT MALABAR. SEBASTIAN HIGHLANDS, JULINGTON CREEK
SILVER SPRINGS SHORES, DIVISIONS
5240 BABCOCK STREET, N.E., PALM BAY, FLORIDA 32905
December 21, 1987
Tom Palmer, Esquire
City Attorney
City of Sebastian
P.O.Box 127
Sebastian, FL 32958
Dear Mr. Palmer:
(305)723-2877
Re: Rodney L. and Michelle Geirsdorf,
et al, vs, the City of
Port St. Lucie, Case 1184-623
As we discussed, per our telephone conversation, last Friday (12/18/87) our
current problem with connection to the central water system in Sebastian is
with the homes being constructed after the water lines are in place.
I have attached a copy of the referenced Port St. Lucie case as you requested.
Please advise as to action to be taken by the City to require connection by
these builders.
Thank you.
Sincerely,
GENERAL DEVELOPMENT UTILITIES, INC.
Port Malabar, Sebastian Highlands,
Julington Creek, Silver Springs Shores
Buddy Betschart
Division Director
BB:pjl
Att.
pc: J. Reece
File
A General Development Subsidiary
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
M E M O R A N D U M
DATE: February 15, 1989
TO: Richard B. Votapka, Mayor & Sebastian
City Council
FROM: Robert S. McClary
RE: Water and Sewer
INTRODUCTION
The City of Sebastian has a vital interest in seeing that public
water and sanitary sewer facilities are in place to serve every
Property within the City limits. A public water system can
provide safe potable water, improve fire protection services and
be of economic benefit to homeowners in Sebastian by reduced
premiums for fire insurance. Currently, the Insurance Service
Organization (ISO) has rated the City of Sebastian a fire rating
Of 9 except for those properties within 1,000 feet of a fire
hydrant, which receive the lower and more favorable rating of 7.
A sanitary sewer system can provide the obvious environmental
benefits plus provide the economic and aesthetic benefits of
lower lot elevations. Currently lots in Sebastian must be
elevated considerably in order to meet HRS regulations for septic
tanks and drain fields.
BACKGROUND
The City of Sebastian has franchised four (4) utilities under
five (5) franchises to provide water and sewer to the City of
Sebastian:
General Development Utilities (GDU) Water Franchise
Ordinance 0-81-8 SH Units 1 - 17.
Re: Water and Sewer
Page #2
General Development Utilities (GDU) Sewer Franchise -
Ordinance 0-81-9 SH Units 7, 9, 14, 15, 16, & 17
Lake Dolores Utilities - Water and Sewer Franchise -
Ordinance 0-85-12 Lake Dolores Area (aka Park Place)
Sebastian Lakes Utility Company - Water and Sewer
Franchise Ordinance 0-85-16 Sebastian Lakes Area
Indian River County - Water and Sewer Franchise - Resolution
87 - 6 all other territory
Significantly, the GDU franchises provide an option for the City
to purchase the water and sewer systems located within the
franchised area. Likewise, the franchise granted to Sebastian
Lakes Utility Company provides a similar purchase option.
Further, it appears Lake Dolores Utility Franchise may not be
valid due to recent private litigation. The language of the IRC
franchise is broad. However, it clearly relays the intent that
the territory granted Indian River County is automatically
extended to territory annexed by Sebastian or territory covered
by any other franchise upon the expiration, cancellation or
otherwise coming under the control of the City of the private
utility franchise. I have attached a copy of the IRC franchise
resolution and call your attention specifically to Sections 2
and 3.
On January 16, 1989, I met with officials of General Development
Utilities and General Development Corporation to discuss the
representations that GDC had made to the Division of Florida Land
Sales, Department of Business Regulations, State of Florida for
improvements in the Sebastian Highlands. Generally, GDC has
represented that public water and sewer will be provided in the
areas franchised to GDU. GDU representatives further stated that
extensions to the water system would be made within sixty (60)
days upon demand of the City provided the City required any
existing buildings along a newly constructed line to connect to
the GDU system. Further, the GDU officials stated that the
representations made to the Florida Division of Land Sales were
done so upon the mandatory connection requirement. The City has
not enforced a mandatory connection requirement since receiving
a written opinion from City Attorney, Thomas C. Palmer, dated
December 22, 1987. 1 did not ask for ( nor did GDU offer) an
explanation of the lack of construction of water lines in
residential neighborhoods between the time of franchise in 1981
and Mr. Palmer's opinion at the end of 1987, except to state that
they had expended some $500,000.00 in constructing a main
transmission line along Barber Street and that customers were not
hooking on.
Re: Water and Sewer Page #3
I asked GDU officials at that meeting (but have not heard from
them to date) to evaluate whether or not there were other
practical economic reasons why home builders would not choose to
utilize GDU water services. Mr. Palmer based his opinion on a
court case decided in the Nineteenth Judicial Circuit in St.
Lucie County, Florida. In that case, GDU served areas of the
City of St. Lucie under a franchise similar to that granted by
the City of Sebastian. In its final order, the Court stated:
"The Court finds that Section 8 of
Ordinance 61-8, rather than being a valid
exercise of the City's Police power, is
instead a heavy-handed, unreasonable
effort to promote the economic welfare
of General Development Utilities".
Based on Mr. Palmer's opinion, Sebastian may not compel any
property owner to mandatorily hook-up to water service of a
private utility. For your information, I have attached Mr.
Palmer's opinion memorandum. The additional back up documents to
Mr. Palmer's opinion are available in my Office upon your
request.
Yet another issue faces the City of Sebastian with regard to
water and sewer. In 1985 the Florida General Assembly adopted the
Growth Management Act mandating that municipalities develop
Comprehensive Plans which detail among many other things, the
level of water and sewer services to be provided to property
owners and what funding vehicle is to be used to accomplish that
level of service.
The City's ability to attract and foster commercial and
industrial development is greatly hampered by the lack of central
water and sewer facilities. Recently, an HRS representative has
advised us that he will no longer permit septic tanks and drain
fields to be used as sanitary facilities for buildings in areas
zoned "Industrial".
SUMMARY
In summary, the policy of the City of Sebastian is to allow
Indian River County to be the sole provider of water and sewer
services within the City of Sebastian. Given the current legal
status of the Lake Dolores Utilities Franchise and the provisions
for the City to purchase the facilities under franchises granted
to GDU and Sebastian Lakes, we have the ability to implement this
policy in the near future. In my opinion, water and sewer
services in Sebastian are best placed in public hands.
Re: Water and Sewer
Page #4
A Municipal or County government will be motivated to provide
public water and sewer services for reasons other than profit.
At stake is the health and safety of our citizens, the
possibility of improving fire protection, protecting the
environment and providing economical benefits to the homeowners.
The disadvantage, in my judgment, to the Indian River County
Franchise, is a basic loss of authority by the City. Unlike the
other utility franchises, the franchise granted Indian River
County grants the County the exclusive ability to establish rates
without an approval or public hearing process by the Sebastian
City Council.
RECOMMENDATION
I recommend the City enter into negotiations with Indian River
County whereby the City of Sebastian would serve as the catalyst
and vehicle for Indian River County to acquire the systems
currently owned by the three (3) private utility companies
operating within the City. I feel the City should be mindful of
the Growth Management Act and our legitimate interest in seeing
that water and sewer services are extended to all properties
within the shortest period of time. Therefore, we should look to
Indian River County as a part of our negotiation to develop a
time table by which they would commit themselves to extending
water and sewer services to all areas within the City.
/jmt
Aon►, Iti.
THOMAS C. PALMER
ATTORNEY AT LAW
P.O. BOX 145, 1627 U.S. HWY. #1, SEBASTIAN, FLORIDA 32958
305-589-7550
December 21, 1987
TO: Bruce Cooper
Building Official
RE: Mandatory hook-ups for water service
I am in the process of acquiring a copy of a judicial
decision that addresses the question of the City's authority to
require mandatory hook-ups for water service. I am certain that
the city cannot require hook-ups when a landowner already has a
healthy functioning well on the premises at the time of any man-
datory hook-up. The question is: Can the City require hook-ups
when there is no well on the premises and water service is avail-
able to the premises at the time of the required hook-up. I feel
the judicial decision will shed light upon, if not directly answer
this question.
I get you my opinion as soon as I receive the judicial decision.
Thomas C. Palmer
L. Gene Harris
Mayor
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
M E M 0
TO: Tom Palmer
City Attorney
FROM: Bruce Cooper
Building Offic'
DATE: December 10, 1987
REF: Water Service
Bruce Cooper
Building Offical
General Development Utilities came to me recently wanting help in requiring
new houses and existing homes to be required to be hooked up to their water ser-
vice.
Section 27-41 does require this hook up, but, I'm concerned with the validity
of such an ordinance. If someone has an improved well and wishes not to hook
up, I wonder how the City can require such a need.
Would you please assist me in this requirement?
Thank you.
BC/ldf
Amok
City of Sebastian
,0,
L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127
Mayor TELEPHONE (305) 589.5330
M E M O R A N D U M
TO: All Building Department Personnel
FROM: Bruce Cooper��
Building Offici
DATE: December 1, 1987 ;///
SUBJECT: Water Service
Bruce Cooper
Building 011ical
Attached is a copy of a letter dated November 25, 1987 from General Development
Utilities stating their commitment to provide water service to all lots within
Units 12, 14, 15 and 17 of the Sebastian Highlands.
A map indicating existing water lines has also been provided which is the area
of Units 7, 9, a portion of 16, Barber Street and a portion of Lansdowne Drive
and Laconia Street.
All Building Permits that are located in the committed area or abuts a water
line indicated on the map, must apply and hook up to the water service. Wells
will not be permitted unless for irrigation (Section 27-41).
Another map has been provided indicating the existing sewer lines within the
Sebastian Highlands. Any lot which abuts this sewer line must hook up to the
line and no septic tank will be permitted (Section 27-40).
This is effective immediately.
BC/dhm
CC: L. Gene Harris, Mayor
Public Works Dept.
General Development )ties.lne. ?EEC ELlS DEC 0 1 W1
PORT MALABAR, SEBASTIAN HIGHLANDS, JULINGTON CREEK (305) 723-2877
SILVER SPRINGS SHORES, DIVISIONS
5240 BABCOCK STREET, WE.. PALM BAY, FLORIDA 32905
November 25, 1987
City of Sebastian
P.O.Box 780127
Sebastian, FL 32978-0127
Attn: Bruce Cooper, Building Official
Dear Mr. Cooper:
This is to confirm your discussion with Jack Reece during your 11/17/87
meeting. General Development Utilities, Inc. (GDU) is committed to provide
water service to all improved property in Units 12, 14, 15 and 17 of
Sebastian Highlands. Water meters will be installed within thirty (30) days
of payment of connection fee, where water mains are in place.
If extension of water mains is required, placement of water meters will be
within sixty (60) days, For Units, other than those mentioned above, having
existing water mains in the front of the improved property, water meters will
be placed within thirty (30) days of payment of connection fee.
Your commitment to enforcing Article III of the Sebastian Code (Water 6 Sewer
Hook -Up) requiring a paid water connection receipt prior to issuing occupancy
permits will alleviate serious problems in the future. We will ensure that
each owner of property presently being improved receives a letter outlining
water connection requirements. We will forward copies of the letter to you.
Also each time a water extension is completed you will receive an update for
your map.
We appreciate your cooperation and support. If additional information is
required, please call Jack Reece, (305) 723-2877. Thank you.
Sincerely,
GENERAL DEVELOPMENT UTILITIES, INC.
Port Malabar, Sebastian Highlands,
Julington C ek and Silver Springs Shores
Buddy etschart
Divi ion Director
JR:pjl
pc: J. Reece
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STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
INDIAN RIVER COUNTY PUBLIC HEALTH UNIT
2525 14TH Av[NUE
VERo BEACH. FL 32980
TELEPHONE (305) 567-1101
SUNLOM 2215302
November 18, 1987
Bruce Cooper
Building Official
Sebastian Building Dept.
P. 0. Box 780128
Sebastian, FL 32978-0128
ENVIRONMENTAL HGLT1
1840 25TH STREET - BUITE N•1 I9
VERO BEACH. FL 32980
TELEPHONE (3051567-8000 ExT. 229
SUN -COM 2241229
Re: Sebastian Highlands properties that have been issued
well permits when possibe to connect to GDC water.
Dear Mr. Cooper:
The following list is our findings on the above referenced
question concerning well permits issued in areas where GDC
water is available:
Lot 10 Block 444
Lot 11 Block 444
Lot
9
Block
441
Lot
10
Block
441
Lot
6
Block
616
Lot
3
Block
438
Lot
2
Block
438
Lot
1
Block
438
Lot
12
Block
442
Lot
21
Block
444
Lot
19
Block
438
Lot
18
Block
438
Lot
22
Block
438
Lot
6
Block
441
Lot
10
Block
440
Lot
19
Block
442
Lot
2
Block
441
Lot
25
Block
441
Lot
23
Block
441
Lot
21
Block
441
Lot
20
Block
441
Lot
1
Block
441
Lot
8
Block
458
Lot
13
Block
458
Lot
4
Block
499
Lot
10
Block
460
No well permit issued
No well permit issued
Well drilled on 4/23/87-Finaled
Permit issued 8/31/87
No information
Permit issued 8/14/87
Permit issued 8/14/87
Permit issued 7/27/87
Well drilled on 4/23/87-Finaled
Well drilled 10/5/87
Well drilled 9/29/87-Finaled
Finaled 7/16/87
No permit issued but inspector
says a well was in on 10/28/87
Permit issued 8/18/87
No permit issued
Permit issued 8/31/87
No permit issued
Permit issued 9/28/87
Permit issued 9/28/87
Permit issued 9/25/87
Well drilled 3/11/87-Finaled
No information
Well drilled 10/29/87
No permit issued
Permit issued 7/6/87
No permit issued
BOB MARTINEZ GOVERNOR GREGORY L COLER, SECRETARY
AON
I hope this information will be of help to you. We really
have no way of knowing when they come in if they are in an
area where GDC water is available. When we issue a well
permit, there is usually a "proposed well" shown on the
survey.
Respectfully,
Doris Morroi
Environmental Health
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127
Mayor TELEPHONE (305) 589.5330
November 17, 1987
Environmental Health Department
1840 25th Street, Suite N-118
Vero Beach, Florida 32960
Gentlemen:
I would appreciate it if you would advise me if Well Permits have been
applied for, the dates and if they have actually been installed on the
following legal descriptions:
LOT BLOCK
10
444
11
444
9
441
10
441
6
616
3
438
2
438
1
438
12
442
21
444
19
438
18
438
22
438
6
441
10
440
19
442
2
441
25
441
23
441
21
441
1
441
20
441
8
458
13
458
4
499
10
460
Bruce Cooper
Building Offical
Environmental Health Department
November 17, 1987
Thank you for your assistance.
Very
Official
BC/dhm
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