HomeMy WebLinkAbout1978 01 25 Regular
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201 PROGRAM
WINTER SPRINGS
January 25,1978
There are three major matters remaining to be decided at
the last meeting of the Details Committee tomorrow, January 26,
at 8:30 AM at Maitland. The City has basically taken pbsitions
on these previously but the Details Committee asked all to con-
sider further.
1. Voting System
Alternatives
a.
1 vote each entity
b.
Weighted Voting system modified with equal
weight given to each entity's representation
and equal votes distributed by flow.
100 votes total
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50 votes distributed to 5 entities = 10 votes/entity
50 votes allocated to entit~based on previous
year's flow.
Quorum requires 4 present; 2 minimum required to
decide on issue.
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City previously favored we~ghted system.
2. Construction Cost Allocation and Expansion of System
Preferred Alternative:
- J Uniform distribution of debt service to all
customers by flow.
Expansion of system above that shown in Facility
Plan is to be done only after additional Facility
Planning and approval by Authority.
Local share of costs of expansion to be paid forbr
entities to be served by the additional capacity.~ ~~
This was basically the City's previously stated
concept of "Service Concept" as opposed to a
Growth Management Concept.
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3. Limits of Authority's Physical System and who
operates them.
Preferred Alternative:
-~ Lift Stations and force mains shown in Facilities
Plan to be owned by Authority.
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Normal operati0n and maintenance of lift stations
to be by existing entities at its expense to avoid
duplication of equipment and personnel for operation
by both cities and Authority.
Major repairs and replacement on lift stations to
be responsibility of Authority to handle by contract.
This was the City's preferred previous position.
Authorized representative is badly needed at 8:30 AM meeting
tomorrow at Maitland to discuss and act on City's behalf on these
items.
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DOUGLAS STENSTROM
S. .JOSEPH DAVIS, .JR,
KENNETH W, MciNTOSH
NED N. .JULIAN, .JR.
WILLIAM L. COLBERT
"RANK C. WHIGHAM
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January 24~ 1978
SUITE 22
f'l..AGSHfP SANK
POST O"'''''CE BOX 1330
SANFORD, FLORIDA 32771
(305) 322-217'
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IN REPLY REFER TO:
City of Winter Sprifige
City Haft
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Honorable John W. Daniels
Deputy Mayor
City of Winter Springs
Winter Springs, Florida 32707
JAN 25 1918
Re: Preliminary Plat Winter
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Dear Mr. Daniels:
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Please be advised that I have reviewed the preliminary
plan of Winter Springs Ranches, Chapter 14 of the Code of.
Ordinances, City of Winter Springs, Florida~ and other pertinent
material." On the basis of the above, I would answer the three
questions propounded by the City Council and enclosed with your
letter of January 19, 1978, as follows:
A. Section 14-67 requires the paving of Moss Road and
Bahama Road to the extent that they are immediately adjacent to
the property identified as Winter Springs Ranches. The City
Council does not have the right to waive the paving requirement.
B. Section 14-123 requires waterlines to subdivided
lots but does not require water service. Section 14-123
requires installation of fire hydrants. The City Council may
temporarily waive the installation of fire hydrants in the
absence of adequate mains but as a condition of waiver must
require payment into escrow of a sum equivalent to the cost of
the fire hydrants plus twenty-five percent. The City Council
does not have the right to waive installation of waterlines.
C. The Council does not have the authority to waive
any of the subdivision requirements absent specific authoriza-
tion to do so contained within Chapter 14.
A plain reading of Chapter 14 reveals that the
City Council with two exceptions has no authority to vary or
waive any requirements of that chapter.
The two exceptions are as follows:
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1. Section 14-123 authorizes a temporary waiver
of fire hydrants conditioned upon payment in escrow.of a sum
equivalent to the cost of the required hydrants plus twenty-
five percent.
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Honorable John W. Daniels
Page Two
January 24, 1978
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2. Section 14-67 authorizes utilization of
septic tanks upon Council approval.
Except for the above exceptions, all variances from
the requirements of Chapter 14, Winter Springs Code, are the
province of the Board of Adjustment and the granting of same
is governed by Section 14-4.
Although Moss Road and Bahama Road are not roads
within the subject subdivision, they are, however, with limita-
tion major streets leading to a subdivision. Section 14-123
requires only that a person seeking plat approval install water
and sewer lines and fire hydrants. Neither Section 14-123 or
any other section of the City Code specifically requires that
the developer provide an approved water service or sewage
treatment service. By inference, Section l4~123 requires water
service as in the absence of a waiver of fire hyd~ants, fire
flow requirements for hydrants cannot be met without water
service. In addition, if adequate mains are available in the
area of the subdivision to deliver necessary water, the fire
hydrant requirement may not be waived.
If the Council has further questions or desires that
I meet with it for the purpose of elaborating upon my opinion
as herein expressed, I will be happy to answer the questions or
so appear.
Thanking you very much for the opportunity to serve
the citizens and City of Winter Springs, Florida, I remain
Sincerely yours,
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