HomeMy WebLinkAbout08-01-2002 Oaks at Winter Springs HOA Streetlighting Reimbursement RequestBROWN, WARD, SALZMAN & WEISS, P.A.
Usher L. Brown'
Suzanne D'Agresta
Anthony A. Garganese'
Gary S. Salzman*
John H. Ward'
Jeffrey S. Weiss
$Board Certified Civil Trial Lawyer
*Board Certified Business Litigation Lawyer
'Board Certified City, County & Local Government Law
Attorneys at Law
Offices in Orlando, Kissimmee,
Cocoa & Viera
August 1, 2002
via facsimile & U.S. Mail
407-327-4751
Kip Lockcuff
Public Works/Utility Director
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
Debra S. Babb
Jeffrey P. Suak
Alfred Truesdell
Joseph E. Blitch
Scott D. Danahy
Theodore F. Greene, III
Kristine R. Kutz
Todd K. Norman
Vincent E. Scarlatos
Erin J. O'Leary
Of Counsel
Re: Oaks at Winter Springs HOA Streetlighting Reimbursement Request
City of Winter Springs - General
Our File No.: 1193
Dear Kip:
Please allow this correspondence to serve as a response to your request for a legal
opinion regarding the above referenced matter. Substantially you asked, does the City of
Winter Springs have an obligation to reimburse the Oaks at Winter Springs Home Owners
Association (hereinafter "Oaks HOA") for costs paid for the operation of the streetlighting
system from August 1998 to April 2002?
In short we believe the answer is yes.
As we understand the situation, the Oaks HOA began paying for the cost of
operating the streetlighting system for its subdivision in August 1998. Your letter indicates
this was due to an error by the developer, who should have transferred the billing to the
City. The billing account for the system was transferred to the City in April of 2002 when
225 East Robinson Street, Suite 660 • P.O. Box 2873. • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321 )402-0144 - Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Kip Lockcuff
August 1, 2002
Page 2
it was brought to the City's attention that the Oaks HOA had been paying for the costs of
operation. The Oaks HOA is requesting reimbursement of $3,886.78, which is the amount
it paid over the last four (4) years for the cost of operating the streetlighting system.
We note Section 9-204 of the City Code which provides in pertinent part:
(a) The final plan of each proposed development shall
include a plan for the location of appropriate streetlights. The
plans will disclose the intensity of illumination which would be
accomplished. The plan would be prepared by, or in
conjunction with, the power company serving the area.
(1) Approval by the city engineer of the streetlight plan
shall be made prior to staff review of the final plans.
(2) Pole fee. The developer will be required to pay to the
city a sum equal to all costs of operating the streetlight
system for the first two (2) years after installation, which fee
will be established by resolution of the city commission.
(3) All costs, pertaining to installation of the streetlight
system will be borne by the developer, and the streetlighting
system will be installed by the power company serving the
area.
This is the only provision within the City Code addressing streetlighting systems. It
appears from this provision that the City requires streetlighting systems along its public
roads, the cost of installation of the system is to be bourne by the developer, but that
the City will -be responsible for the operating costs of such systems. The only limitation
is that the developer is required to pay a fee, equal to the costs of operating the system
for the first two years. There is no indication in the code of when the City becomes
responsible for the costs associated with street lighting systems. Presumably this fee
is collected and is to be used by the City during the first two years of the operation of a
system, therefore, it would seem the City becomes responsible for the cost of operation
upon approval and installation of the lighting.
In light of the foregoing we believe the City is responsible for the reimbursement
of the costs associated with the operation of the streetlighting system at the Oaks at
Winter Springs.
225 East Robinson Street, Suite 660 • P.O. Box 2873 r Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • fQssimmee (321) 402-0144 • Cocoa & viera (866) 425-9566
Website: www.oriandolaw.net • Email: firm@orlandolaw.net
Kip Lockcuff
August 1, 2002
Page 3
If you have any questions regarding this matter please do not hesitate to call our
offices.
Very truly yours,
/Je/ey Buak
Assistant City Attorney
JPB/
cc: Anthony A. Garganese, City Attorney
Ron McLemore, City Manager
225 East Robinson Street, Suite 660 • P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.odandolaw.net • Email: firm@orlandolaw.net