4693 Water Services only 1691 Cameron AvenueOrdinance No. 2022-4693
An ordinance of the City of Sanford, Florida, authorizing and
directing the Mayor of the City of Sanford to enter into a Pre -
Annexation Agreement with First Pentecostal Church of Sanford, Inc.
and Forester (USA) Real Estate Group relating to the annexation of
certain real property (Tax identification Parcel Number 33-19-31-300-
004E-0000) which is generally addressed as 1691 Cameron Avenue
Avenue in accordance with the voluntary annexation provisions of
Section 171.044, Florida Statutes; providing for findings; providing
for conditions; directing the City Clerk to record this Ordinance and
Pre -Annexation Agreement with the Clerk of the Circuit Court;
providing for legal description and a map and providing for the
incorporation of that exhibit; repealing all ordinances in conflict
herewith; providing for severability; providing for non -codification
and the taking of administrative actions and providing for an
effective date.
Whereas, First Pentecostal Church of Sanford, Inc. (the "Property Owner")
and Forester (USA) Real Estate Group (the "Contract Purchaser") of that certain
property located at 1691 Cameron Avenue, Seminole County, Florida (Tax Identification
Parcel Number 33-19-31-300-004E-0000 as assigned by the Seminole County Property
Appraiser) (the "Property") desire to obtain potable water and/or wastewater service(s)
from the City to and for the Property and recognize that it is the lawful policy of the City
to require annexation as a condition of the provisions of such service(s); and
Whereas, the above identified Property is more particularly described as
follows:
Section 33 Township 19S Range 31 E N % of E '/4 of NE Y4
(Less N 1013 ft + S 330 ft + roads)
; and
Whereas, the Property is not contiguous to the City Limits of the City and is
therefore not annexable into the City but the parties desire that the annexation of the
Property can occur expeditiously upon the Property becoming contiguous to the City
Limits of the City; and
Whereas, on June 23, 2006, the City of Sanford, Florida (the "City") adopted
Resolution No. 2008-2105 that established the administrative policy and procedure
requirements for the furnishing of City services to contiguous and non-contiguous
properties; and
Whereas, Section 4 of Resolution No. 2008-2105 provides that owners of
1IPa-e
properties not continuous to the City limits at the time of application for City services
must execute the required voluntary petition for annexation pursuant to Section
171.044, Florida Statutes and record same amongst the public records of Seminole
County, Florida prior to implementation of City services to the property, and
Whereas, Section 6 of Resolution No. 2008-2105 provides that the applicant
[Property Owner] and the City shall negotiate and agree in writing to all financial
demands germane to the furnishing of City services to the property as a part of the
application and approval process; and
Whereas, the City has negotiated a Pre -Annexation Agreement with the
Property Owner and the Contract Purchaser setting forth each party's respective rights
and duties with regard to the Property proposed to be annexed into the City
expeditiously upon the Property becoming contiguous to the City Limits of the City; and
Whereas, City staff has reviewed the application(s) and supporting
documentation submitted by the Property Owner and Contract Purchaser and
recommended approval and execution of the Pre -Annexation Agreement;
Whereas, the City Commission of the City of Sanford, Florida hereby
determines that it is to the advantage of the City of Sanford and in the best interests of
the citizens of the City of Sanford to enter into and execute the Pre -Annexation
Agreement providing for the annexation of the Property into the City expeditiously upon
the Property becoming contiguous to the City Limits of the City; and.
Whereas, the map and the legal descriptions attached to the Pre -Annexation
Agreement shows, describes and depicts the Property which is hereby proposed to be
annexed into the City of Sanford expeditiously upon the Property becoming contiguous
to the City Limits of the City, said Exhibit being incorporated into the substantive
provisions of this Ordinance as if fully set forth herein verbatim.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida,
as follows:
Section 1. Legislative and Administrative Findings/Annexation of
Property.
A. The recitals set forth above in the "whereas clauses" are hereby adopted
as legislative findings of the City Commission of the City of Sanford.
B. The Property that is the subject of this Ordinance is the parcel of land
assigned Tax Identification Parcel Number 33-19-31-300-004E-0000, together with all
rights -of -way of Cameron Avenue to the extent such right-of-way is not currently located
within the City Limits of the City, said property being situated in Seminole County,
Florida, and all of said Property is hereby proposed to be annexed the City of Sanford,
2 1 P a g e
Florida expeditiously upon the Property becoming contiguous to the City Limits of the
City and pursuant to the provisions of Section 171.044, Florida Statutes.
Section 2. Administrative Actions.
A. The City Commission hereby authorizes and directs the Mayor to enter
into and execute a Pre -Annexation Agreement in the form and on the terms and
conditions sets forth in the Pre -Annexations Agreement attached hereto as Exhibit "A"
and incorporated herein by this reference. The City Manager, or designee, is hereby
authorized and directed to implement the provisions of this Resolution by means of such
administrative actions as may be deemed necessary and appropriate.
B. The City Clerk shall, following the full execution of the Pre -Annexation
Agreement, and at the Property Owner's sole cost and expense, record a fully executed
copy of the Pre -Annexation Agreement in the Official/Public Records of Seminole
County, Florida (Land Records)
Section 3. Conflicts. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed.
Section 4. Severability. If any section, sentence, phrase, word, or
portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise to be
invalid, unlawful, or unconstitutional.
Section 5. Codification. The provisions of this Ordinance shall not be
codified.
Section 6. Effective Date. This Ordinance shall take effect immediately
upon passage and adoption.
Passed and adopted this 9th day of May, 2022.
Attest. -
By: UJ l
Traci Houchin, MMC, FCR
City Clerk
For use and reliance of the Sat fc
City Commission only.
Approved as to form and legality.
City Commission of the City of
Sat
0071�
By:
Art
,...., Ma,
31Page
By:
William L. Colbert
City Attorney
4 1 P a g e
EXHIBIT "A"
PRE -ANNEXATION AGREEMENT
5 1 P a g e
EXHIBIT "A"
a
LEGAL DESCRIPTION: A
Section 33 Township 19S Range 31 E
N 3/4 of E 1/4 of NE 1/4 (Less N
1013 Ft + S 330 Ft + Roads)
CELERY AV
ANNEXATION
REQUEST
co
PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
COUNTY CITY
33-19-31-300-004E-0000 FIRST PENTECOSTAL 1691 CAMERON AV A-1 AG 9.57
CHURCH OF SANFPORD
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022059077 Bk:10241 Pg:373-402(30Pgs)
REC: 051l8/2022 9:30:36 AM by koneal
RECORDING FEES $256.50
This Instrument Prepared By and Return To:
Eileen Hinson
Director of Planning
Planning and Development Services
City Hall
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Numbers: 33-19-31-300-004E-0000
Permit File: 22-001845
CITY OF SANFORDICOVE AT RIVERBEND
PREANNEXATION AGREEMENT
This Preannexation Agreement is made this o h day of Ma , 2022,
by and between the City of Sanford, a municipal corporation organized and existing under
the laws of the State of Florida whose address is Post Office Box 1788, 300 North Park
Avenue, Sanford, Florida 32772-1788, hereinafter referred to as the ("City") and First
Pentecostal Church of Sanford Inc. (hereinafter referred to as "Property Owner"), whose
address is 203 East 16th Street, Sanford, Florida 32771.
WI TNESSETH
Whereas, the Property Owner is the owner of certain real property presently
located in unincorporated Seminole County, Florida which real property is more particularly
described in Exhibit "A" (Tax Parcel Identification Number 33-19-31-300-004E-0000)
(hereinafter referred to as the "Property"); and
Whereas, the Property Owner desires to obtain potable water and/or wastewater
service(s) from the City and recognizes that it is lawful policy of the City to require
annexation as a condition of the provisions of such service(s); and
Whereas, the Property is not contiguous to the City Limits of the City, but the
parties desire that the annexation of the Property can occur expeditiously upon the
Property becoming contiguous to the City Limits of the City; and
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Whereas, it is recognized by the Parties that the City will not have land use
jurisdiction over the Property until the Property is annexed into the jurisdictional limits (City
Limits) of the City of Sanford; provided, however, that it is also acknowledged and
understood by the Parties that the provisions of Section 171.062(2), Florida Statutes,
provide as follows:
; and
; and
"ti]f the area annexed was subject to a county land use plan and county zoning or
subdivision regulations, these regulations remain in full force and effect until the
municipality adopts a comprehensive plan amendment that includes the annexed
area."
Whereas, Section 171.062(1), Florida Statutes, provides as follows:
"[a]n area annexed to a municipality shall be subject to all laws, ordinances and
regulations in force in that municipality and shall be entitled to the same privileges
and benefits as other parts of that municipality upon the effective date of the
annexation."
Whereas, the City agrees that it will provide potable water and/or wastewater
services(s) for the Property subject to the terms and conditions of this Agreement; and
Whereas, the purpose of this Agreement is set forth the understandings and
agreements of the parties with respect to the foregoing, and matters as set forth herein;
and
Whereas, this Agreement is authorized by, permitted by, and consistentwith the
provisions of the City's Home Rule Charter, the City's Comprehensive Plan; the Code of
Ordinances of the City of Sanford; Chapter 163, Florida Statutes; Chapter 166, Florida
Statutes; the State Comprehensive Plan (Chapter 187, Florida Statutes); Article Vlll,
Section 2(b), Constitution of the State of Florida, and other applicable law and serves and
2
advances a vital public purpose; and
Whereas, the Property is assigned the Low Density Residential (LDR) land use
designation under the Seminole County Comprehensive Plan and is assigned the PD
zoning classification under the provisions of the Land Development Code of Seminole
County and the uses existing and approved on the Property are conforming uses; and
Whereas, the Property Owner and the City agree that, were the Property to be
annexed into the City, the appropriate land use designation under the City of Sanford
Comprehensive Plan would be the Low Density Residential Single -Family land use
designation and the appropriate zoning classification under the provisions of the City of
Sanford Land Development Regulations would be the PD (Planned Development) zoning
classification; and
Whereas, the Property Owner shall obtain subdivision approval of the Property
through Seminole County for the project and the City agrees to accept Seminole County's
approval of the site plan in accordance with the provisions of this Agreement; and
Whereas, to that end, in connection with the annexation of the Property, the City
and the Property Owner also intend to address an array of development issues in this
Agreement with respect to the Property; and
Whereas, the City Commission adopted Resolution Number2008-2105 on June
23, 2008 requiring establishing administrative policy and procedure requirements for the
furnishing of City services to contiguous and non-contiguous properties; and
Whereas, Section 6 of Resolution Number 2008-2105 states that "[t]he applicant
(property owner and the City shall negotiate and agree in writing to all financial demands
germane to the furnishing of City services to said property as part of the application and
3
approve processes upon consideration of the following:
(a). Current zoning classification/district;
(b). Future land use designation;
(c). Required development standards;
(d). Current source(s) of available services and proximity to
available services;
(e). Size and location of improvements;
(f). Cost benefit analysis;
(g). Service area impact;
(h). Assessed value of the property as established by the of
Seminole County Property Appraiser; and
(i). Such other factors as shall influence the application process as
to the property under consideration;
; and
which:
Whereas, the City desires to ensure that the Property is developed in a manner
(a). adheres to high quality of the City regardless of the local
government having land use jurisdiction at the time of development
approval;
(b). provides a continuous non -vehicular circulation system for
pedestrians and non -motorized vehicles;
(c). provides perimeter landscape area to buffer incompatible land
uses or residential uses which are adjacent to incompatible design
4
elements such as roadways, usable open space area, where a more
intense housing type is proposed, or where residential setback are
less than the adjacent residential development outside the perimeter
of the development; and
(d). establish neighborhood character and identify; and preserve
the natural environment to the greatest extent possible;
and
Whereas, any future development of or construction on the Property shall be in
full compliance with the highest standards of the two jurisdictions (City of Sanford or
Seminole County) land development regulations (of every nature), Building Code and other
codes, ordinances, rules and regulations pertaining to the development of the Property to
be annexed, except as may be specifically set forth pursuant to the terms of this
Agreement; and
Whereas, should the Property Owner propose to increase the density or change
the development of the property to a multi -family development scenario, a new pre -
annexation agreement shall be required; and
Whereas, single-family detached structures developed on the Property shall
generally comply with PD Residential Planned Development Design Criteria as set forth by
the City of Sanford; and
Whereas, the City has determined that it is feasible to extend and provide
municipal services to the Property such as police protection, fire protection, sewer and
water service, trash and garbage removal, street and storm drainage maintenance, and the
parties recognize the mutual benefits that will result from the City's desire and plans to
5
improve the roadway network proximate to the Property and that the Property Owner has
previously made significant contributions to Seminole County to enhance the roadway
network proximate to the Property; and
Now, Therefore, for and in consideration of the mutual covenants and agreements
contained herein, and other good and valuable considerations each to the other provided,
the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Section 1. Recitals.
(a). The above recital are adopted as the findings of the City's governing body,
the City Commission.
(b). The above recitals are true and correct, are incorporated into this
incorporated into this Agreement by this reference thereto, and form a material part of this
Agreement upon which the parties have relied.
Section 2. Annexation.
(a). In order to gain certain access and utilities entitlements to develop the
Property, the Property Owner hereby petitions the City for annexation of the Property into
the City, subject to the conditions set forth herein. This petition is irrevocable and shall
touch and concern and burden the Property. This Agreement shall be recorded in the
Official Records of Seminole County (Land Records) and shall serve as and constitute a
Voluntary Annexation Petition for the Property.
(b). The City shall annex the Property upon the Property becoming contiguous or
otherwise cognizable for annexation, as irrefutably and irrefutably determined by the City,
in to the corporate limits of the City and shall notify appropriate entities as may be required
by the provisions of State law, but shall not be required to notice the Property Owner or any
6
other party, person or entity regardless of their ownership interest in the Property.
Section 3. Annexation Fees. It is understood and agreed that the Property
Owner shall pay, upon demand, all fees, costs and expenses resulting on account of or in
connection with the City's review and processing of the annexation of the Property into the
corporate limits of the City; provided, further, however, that the Property Owner shall pay
his/her/its own attorney's fees and consulting fees in any way relating to the Property.
Section 4. Development Conditions.
(a) The Property is appropriate to be assigned the Low Density Residential
Single -Family land use designation under the terms and provisions of the City of Sanford
Comprehensive Plan and the City planning staff shall make such recommendation.
(b) The Property is appropriate to be assigned the PD (Planned Development)
zoning classification under the provisions of the City of Sanford Land Development
Regulations and the City planning staff shall make such recommendation.
(c). The City hereby indicates its approval, in concept, relative to the architectural
features for single-family detached structures which shall be considered generally
consistent with Schedule G of the City of Sanford Land Development Regulations:
(d). The City hereby indicates its approval, in concept, relative to perimeter
landscaping for the residential PD which landscaping shall generally comply with Section
3.3 and 3.4 Schedule "J", Landscape, Buffer and Tree Requirements, of the City's Land
Development Regulation.
(e). The City hereby indicates its approval, in concept, relative to detention and
retention ponds for the residential PD, and finds the design of the ponds to be generally
consistent with Section 3.0(F) Schedule "D" Detention and Retention Ponds, of the City's
7
Land Development Regulation:
(f). The City hereby indicates its approval, in concept, relative to passive and
active space requirements for the residential PD, and finds the design of the ponds to be
generally consistent with Section 3.0(G) Schedule "D" Passive and Active Space
Requirements, of the City's Land Development Regulation:
(g). The Property Owner intends to connect the Property to available City water,
sewer, and reuse water utilities (but as to reuse, only to the extent the same is available).
(h). The Property Owner shall be responsible for all on and off -site improvements,
payment of all application fees and connection charges to the City's distribution system.
(i). All utility connections and lines to be installed in strict conformity with the
City's Utility Manual standards, and the Property shall be required to meet the high of either
the City or County development standards.
0). Utility plans must be approved by the City before Florida Department of
Environment Protection permits may be obtained to the extent consistent with the
provisions of Section 166.033, Florida Statutes.
(k). Should the Owner proposed to increase the density or change to multi -family
units the owner shall be required to re -apply for water and sewer service through the City
Commission with no guarantee of approval.
Section 5. General Obligations/Commitments Of The Parties. The City agrees
to provide potable water and wastewater services to the Property upon execution and
recordation of this Agreement and upon the Property Owner providing such facilities as
may be necessary to provide such service(s) as determined by the City. Any and all lines,
pumps, meters, mains, and all other facilities necessary to provide service(s), as
determined by the City, shall be installed at the sole and exclusive cost and expense of the
Property Owner. The Property Owner shall provide to the City, at the sole and exclusive
cost and expense of the Property Owner, any and all easements and other rights -of -way as
may be necessary, as determined by the City, to provide potable water and/or wastewater
service(s) to the Property.
Section 6. Limitation Of Funding Obligations. Notwithstanding anything to
the contrary stated elsewhere in this Agreement, the City shall have no obligation to fund
any public facilities or infrastructure necessitated by the development of the Property.
Section 7. Modification. If State or Federal laws are enacted after
execution of this Agreement which are applicable to and preclude the parties' compliance
with the terms of this Agreement, this Agreement shall be modified or revoked as is
necessary to comply with the relevant State or Federal laws and the intent of the parties
hereto; provided, however, that the City agrees that it shall not modify this Agreement in
any manner which would in any way be inconsistent with the intent of the parties to provide
for development of the Property in accordance with the terms and conditions hereof.
Section B. Effectiveness Of Agreement. This Agreement shall become
effective upon its being duly executed by all of the parties hereto. The Property Owner
agrees to indemnify and hold harmless the City from and against any and all claims,
assertions, damages, judgment and lawsuits arising from the acts or omissions of the
Property Owner or his/her/its officers, employees or agents under and pursuant to this
Agreement.
Section 9. Time Of The Essence. Time is of the essence of the lawful
performance of the duties and obligations contained in this Agreement. The parties
6
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement.
Section 10. Successors And Assigns. This Agreement and the terms and
conditions hereof shall be binding upon and inure to the benefit of the City and the Owner
and their respective successors in interest. Following the recordation of this Agreement, the
benefits and burdens of this Agreement shall become a covenant running with the title to
the Property, and all parts and parcels thereof, and this Agreement shall be binding upon
and inure to the benefit of both the City, and the Owner and his/her/its assigns and
successors in interest to the said Property, and all parts and parcels thereof.
Section 11. Applicable Law. This Agreement and the provisions contained
herein shall be construed, controlled and interpreted according to the laws of the State of
Florida. Further, to the extent permissible under the laws of the State of Florida, if there is
a conflict between this Agreement and the terms of the CITY's land development
regulations, the terms of this Agreement shall control. This Agreement is subject to
provisions of Sections163.3235 and 163.3241, Florida Statutes, providing for periodic
review, and modification or revocation of a development agreement to comply with
subsequently enacted State and Federal law. This Agreement is also subject to Section
163.3233, Florida Statutes, regarding the local laws and policies governing a development
agreement.
Section 12. Binding Effect. Each party hereto represents to the other that it
has undertaken all necessary actions to execute this Agreement, and that it has the legal
authority to enter into this Agreement and to undertake all obligations imposed on it.
Section 13. Recording. The City shall, following full execution of this Agreement,
10
and at the Property Owner's sole cost and expense, record a fully executed counterpart of
this Agreement in the Official/Public Records of Seminole County (Land Records).
Section 14. Entire AgreementlAmendment. This Agreement constitutes the
complete and entire agreement between the City and the Property Owner with respect to
the subject matter hereof, and supersedes any and all prior agreements, arrangements or
understandings, whether oral or written, between the parties relating thereto, all of which
have been integrated herein. This Agreement may not be amended, changed, or modified,
and material provisions hereunder may not be waived, except by a written document, or
equal dignity herewith, approved by the City of Sanford City Commission, the Property
Owner.
Section 15. Notices. Any notice that is to be delivered hereunder shall be in
writing and shall be deemed to be delivered (whether or not actually received) when (i)
hand delivered to the official hereinafter designated, or (ii) upon receipt of such notice when
deposited in the United States mail, postage prepaid, certified mail, return receipt
requested, addressed to the parties as follows:
To the City: Mr. Norton Bonaparte
City Manager
City of Sanford
Post Office Box 1788
301 North Park Avenue
Sanford, Florida 32772-1788
To the Property Owner:
To the Contract Purchaser:
Ronald Reinhardt
First Pentecostal Church of Sanford
1691 Cameron Avenue
Sanford, Florida 32771
Chris Tyree
Forester (USA) Real Estate Group
1064 Greenwood Boulevard
11
Lake Mary, Florida 32746
Section 16. Severability. If any sentence, phrase, paragraph, provision or portion
of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereof.
Section 17. Exhibits. The exhibits attached hereto shall be deemed
incorporated herein by this reference thereto.
Section 18. Amendments. No amendment, modification or other change in
this Agreement shall be binding upon the parties unless in writing and executed by all of the
parties.
Section 19. Compliance With Laws And Regulations. In performing pursuant
to this Agreement, each party hereto shall abide by the respective statutes, ordinances,
rules and regulations pertaining to, or regulating, the acts of such party, including, but not
limited to, those now in effect and hereafter adopted consistent, however, with the terms
and conditions of this Agreement.
Section 15. Entire Agreement. This Agreement embodies and constitutes the
entire understanding of the parties with respectto the subject matteraddressed herein, and
all prior or contemporaneous agreements, understandings, representations and
statements, oral or written, are merged into this Agreement.
12
WHEREFORE, AND IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed all as of the date and year first above written.
CITY OF S FORD
AhAi
Traci Houchin, MC, FCRM, Cat ' . ' 1 o
� y Clerlt ;T . uff, Ma or/
r y
ATTE•ST.' y��.� PERTY OWNE
Witness # 1 Signature By: Ronald einhardt
Print d N
itn s # Signature
Printed Name:
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF SEMINOLE )
I, the undersigned authority, a Notary Public, in and for said State at Large who is
authorized to take acknowledgments, does hereby certi y I n1 1 being
duly sworn, acknowledged before me that s/he executed the foregoing document, said
person being onally known to �me g presented the following form of
identification:
on this day that s/he, being informed of the
contents of said instrument, s/he executed the same voluntarily. Given under my hand and
official seal this 3—?>ay of ADC1 , 2022.
NOT RY PUBLIC
My commission expires:
13
=avt'Y',&4' Notary Public State of Florida
Robin A Bronson
N c� My Commission GG 955726
��oi aop Expires 02/15/2024
WHEREFORE, AND IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed all as of the date and year first above written.
CITY OF SANFOR
Traci Houchin, C, FCRM, CRk'Art �Qodruff Mayor
ATTEST: NTRACT PURCHASER/
�X
Witness # 1 Signatur°''By: Chris Tyree
Printed Name:
Witness # 2 Signature
Printed Name: -JJsh„ S4o.,v,
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF SEMINOLE )
I, the undersigned authority, a Notary Public, in and for said State at Large who is
authorized to take acknowledgments, does hereby certify 0,h tit r , being
duly sworn, acknowledged before me that s/he executed the foregoing document, said
person being ersonally known t�me having presented the following form of
identification:
on this day that s/he, being informed of the
contents of said instrument, s/he executed the same voluntarily. Given under my hand and
r� kh
official seal thisa day of 12022.
NO ARY PUBLIC
My commission expires:
=0& State of Florida1 4 nsonion GG 95572651202A
RESOLUTION NO. 2008-2105
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA, ESTABLISHING ADMINISTRATIVE POLICY
AND PROCEDURE REQUIREMENTS FOR THE FURNISHING OF CITY
SERVICES TO CONTIGUOUS AND NON-CONTIGUOUS PROPERTIES;
PROVIDING FOR THE DEFINITION OF AVAILABLE CITY SERVICES;
ESTABLISHING FINANCIAL REQUIREMENTS FOR GRANT OF
SERVICES; PROVIDING FOR PROCEDURES FOR PROCUREMENT
OF EMERGENCY WATER SERVICES AND APPEAL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
NON -CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City repeatedly receives requests for City services from
contiguous and non-contiguous property owners; and
WHEREAS, those City services which are sought by property owners include
police, potable water, reclaimed water, sanitary sewer, garbage collection, and other
services available from and defined by staff of the City; and
and
WHEREAS, the City desires to establish a policy for response to such requests;
WHEREAS, the City desires to implement such policy for obvious financial
capacity control and service capability considerations; and
WHEREAS, the City desires to respond to such requests quickly and consistently
and handle each case as is necessary to implement this policy and respond to the
request of an applicant; and
WHEREAS, the City desires to respond to ordinary and exigent circumstances
as shall be advanced to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SANFORD that this
pronouncement of requirements for the implementation of City services is
adopted as follows:
SECTION 1. RECITALS. The foregoing recitals -(whereas causes) are
incorporated herein by reference and adopted as legislative and administrative findings
in support of the matters set forth in this Resolution and made a part hereof.
SECTION 2 REQUESTED CITY SERVICE. All property owners requesting City
services must file a petition for voluntary annexation of their property into the City of
Sanford, Florida. City services shall include any one or more of the following available
City services police, fire, potable water, reclaimed water, sanitary sewer, garbage
collection, and other services available from and defined by the City.
SECTION 3 ADMINISTRATIVE REQUIREMENTS (CONTIGUOUS TO CITY
LIMITS). Preparation and execution of a voluntary Petition for annexation pursuant to
Section 171.044, Florida Statutes must be executed by the property owner(s) if one or
more City services are requested.
SECTION 4 ADMINISTRATIVE REQUIREMENTS (NOT CONTIGUOUS TO
CITY LIMITS). Owners of properties not contiguous to the City limits at the time of
application for City services must execute the required voluntary petition for annexation
pursuant to Section 171.044, Florida Statutes, and record same amongst the public
records of Seminole County, Florida, prior to implementation of City services to the
properties. Said Petition for annexation shall run with the land and be binding on the
petitioner and all heirs, successors, assigns, and personal representatives.
Extraterritorial property shall not receive City services until the fully executed Petition for
Annexation has been reviewed by staff and approved by the City Commission and
recorded.
Resolution No. 2008-2105
Page 2 of 4
SECTION 5 ADMINISTRATIVE REQUIREMENTS — EMERGENCY WATER
SERVICE AND APPEAL. All requests for emergency water service may be considered
and approved by the City Manager or designee upon receipt of the required fully
executed Petition for Annexation and proof of hardship/health complications to the
satisfaction of the City Manager or designee. Denial of request for emergency water
service may be appealed to the City Commission for consideration de novo.
SECTION 6. FINANCIAL CONSIDERATIONS. The applicant (property
owner(s) and the City shall negotiate and agree in writing to all financial demands
germane to the furnishing of City services to said property as a part of the application
and approval process upon consideration of the following:
(a) current zoning designation
(b) future land use designation
(c) required development standards
(d) current source(s) of available services and proximity to available
services
(e) size and location of improvements
(f) cost benefit analysis
(g) service area impact
(h) assessed value of the property as established by the Tax Appraiser
of Seminole County
(i) such other factors as shall influence the application process as to
the property under consideration
SECTION 7. SEVERABILITY. If any Section or portions of a Section of this
Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to
Resolution No. 2008-2105
Page 3 of 4
invalidate or impair the validity, force, or effect of any other Section or part of this
Resolution.
SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict with
any of the provisions of this Resolution are hereby repealed.
SECTION 9. NON -CODIFICATION. This Resolution shall not be codified in the
City Code of the City of Sanford.
SECTION 10. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this 23rd day of June, 2008.
ATTEST.
L /tom'
net Dougherty, City 811erk Linda Ku n, Mayor
APPROVED AS TO FORM AND LEGALITY:
/4/ K.�. Mel
Kenneth W. McIntosh, Assistant City Attorney
Resolution No. 2008-2105
Page 4 of 4