2087 Agreement COS and Midway Canaan Water AssociationPrepared by:
Lonnie N. Groot, Esquire
Stenstrom, McIntosh, et al.
1001 Heathrow Park Lane
Suite 4001
Lake Mary, Florida 32746
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Telephone 407-322-2171
Return to:
Date:
Bilal Iftikhar, P.E., J.D.
Public Works and Utilities Director
Department of Public Works and Utilities
City Hall
300 North Park Avenue
Sanford, Florida 32771
Traci Houchin
My Clerk G NT MALOY, SEMINOLE COUNTY
M -ford Florid C ERK OF CIRCUIT COURT & COMPTROLLER
N# 2019062352 Bk:9372 Page:559-563 (5Pgs)
TR C: 06/12/2019 4:21:09 PM by hdevore
aty City CI rk �l CORDING FEES $44.00
CITY OF SANFORD'S ORDER
RELATING TO UTILITY SERVICE PROVISION UNDER 1966 AGREEMENT WITH
THE MIDWAY-CANAAN COMMUNITY WATER ASSOCIATION, INC.
PART I: INTRODUCTION/ADMINISTRATIVE ACTION TO BE TAKEN:
(1), The City of Sanford (City) and the Midway -Canaan Community Water
Association, Inc. (MCCWA) entered an agreement in 1966 whereby the City would sell
potable water to the MCCWA for use in the MCCWA's public water system (consecutive
system with Florida Department of Environmental Protection Permit Number 3594230).
The MCCWA does not own a service area for the provision of utility services, but merely
resells the potable water the water sold to it by the City to the customers of the
MCCWA.
(2). The MCCWA is regulated by Rule 62-550.200, Florida Administrative
Code, and other controlling law, but the regulation of the MCCWA is technical and
scientific in nature and not jurisdictional while the City operates under a service area
interlocal agreement with the government of Seminole County and the City, further, is
governed by the comprehensive planning laws of the State of Florida and other
controlling law pertaining to municipal utility service providers.
(3). The MCCWA does not have the ability or the legal authority to provide
sanitary sewer services or reclaimed water services and can only provide potable water
services as a broker for potable water that is sold to the MCCWA by the City. The area
in which the MCCWA operates is an area that is becoming one of intensive
development activity. The public interestand-economic realities require that sanitary -
sewer services be provided as part of the development process. Also, the property
rights of property owners and the economic development of the area is dependent, to a
great extent, on the development of real property which provides the future residents of
residential developments with a full array of public utility services to include potable
water and central sanitary sewer services.
(4). Section 13 of the agreement between the City and the MCCWA provides,
in pertinent part, that " ... any question concerning a question of fact arising under this
contract which is not disposed of by agreement shall be decided by the City
Commission of the City of Sanford, whose decision shall be final."
(5). This Order provides for an adjudication of the facts relating to the rights
between the City and the MCCWA.
PART II: FINDINGS OF FACT:
(1). The recitals set forth in the agreement are adopted herein by this
reference thereto and are hereby ratified and affirmed.
(2). The MCCWA has no ability to serve new developments or property
owners with potable water services and central sanitary sewer services in tandem.
Likewise, the MCCWA has no ability to provide reclaimed water services to new
developments or any property owner or customer who would like to engage in the use
of reclaimed water services.
(3). The City has the right and obligation to provide potable water services
and sanitary sewer services as well as reclaimed water services within its utility services
area.
(4). The City has the capacity to provide high quality and modern potable
water and sanitary sewer services as well as reclaimed water services within itsutility
services area.
(5). It would adversely impact the private property rights of property owners
and the economy of Seminole County and the City of Sanford for utility services to be
denied to developers or property owners of real property when the City can provide high
quality and modern potable water and sanitary sewer services to the properties
requiring such utility services.
(6). The City has attempted to be conciliatory and collaborative relative to the
operations of the MCCWA and has addressed past due accounts and delinquencies of
the MCCWA in a manner most favorable to the MCCWA and has provided and offered
to continue to provide favorable utility rates to the MCCWA.
PART III: CONCLUSIONS OF LAW:
(1). The 1966 agreement between the MCCWA relates to the sale of potable
water by the City to the MCCWA, but nothing in the agreement restricts the City from
providing utility services to development, property owners or customers located within
the City's utility services area.
(2). The utility services area agreement between the City and Seminole
County and other controlling law controls the utility services service area in which the
City provides utility services to its customers.
(3). The City has not ceded, transferred or assigned any of its jurisdiction to
provide utility series within its utility services area to the MCCWA or its rights under
controlling law to provide utility services to developments, property owners or
customers.
PART IV: ORDER:
IT IS HEREBY ORDERED BY THE CITY COMMISSION OF THE CITY OF SANFORD
THAT:
(1). The City shall serve developments, property owners and customers which
require public potable water and central sanitary sewer services to properties located
within its service area as identified in its controlling service are boundary, and related
matters, agreement with Seminole County even if the MCCWA desires to provide water
service to the properties.
(2). The City shall continue to treat the MCCWA as a customer with the rates
charged being those that are set forth in the 1966 agreement between the City and the
MCCWA.
(3). The effective date and rendering date of this Order shall be the date that
this document is fully executed by the City (attestation by the City Clerk).
(4). This Order may be appealed in accordance with the provisions of
controlling State law within the time set forth therein, but the provisions of Section 13 of
the aforementioned 1966 agreement are relied upon and hereby ratified and affirmed.
(5). This is final action taken as to this matter by the City of Sanford.
As approved by the City Commission of the City of Sanford on this 10th day of
June, 2019.
Attest: City Commission of the City of
Sanford, Florida