Article XXI. WATER AND SEWER SERVICES DELIVERY SUB-AGREEMENT  

This Water and Sewer Services Delivery Sub-Agreement is made and entered into this 14th day of December, 2010, by and between the City of Bushnell ("City") and Sumter County ("County").

WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Article VIII, Section 2(b), Florida Constitution and Section 166.021, Florida Statutes; and

WHEREAS, the County possesses powers of self government as provided by general or special law, so long as such acts are in the common interest of the people of the County, said powers being held and exercised pursuant to Article VIII, Section 1(f), Florida Constitution and Section 125.01, Florida Statutes; and

WHEREAS, the County does not provide any water or sewer services and does intend to provide these services except for specific situations described within this Agreement, and the City provides water and sewer services within the city and in surrounding unincorporated areas; and

WHEREAS, the County and City recognize the most efficient approach to provide water and sewer services is a coordinated and unified approach between the County and the City; and

WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, encourages and empowers local government to cooperate with one another on matters of mutual interest and advantage, and provides for interlocal agreements between local governments on matters such as water and sewer services; and

WHEREAS, the Municipal Annexation or Contraction Act, Chapter 171, Part I, Florida Statutes, and the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes, recognizes the use of interlocal service boundary agreements and joint planning agreements as a means to coordinate public services such as water and sewer services.

NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree that a coordinated and unified approach to water and sewer services results in a more efficient and effective method of service and promotes the health and welfare for all of the citizens of Sumter County. Therefore, the County and City agree a need exists to implement said service delivery arrangements in the following manner:

1.

Municipal Service Area (MSA) and Utility Service Area (USA).

a.

The Municipal Service Area (MSA) is the area designated and defined within the Planning Services Sub-Agreement.

b.

The Utility Service Area (USA) is the area within which the City provides water, wastewater, and reclaimed water services, consistent with Chapter 180, Florida Statutes.

c.

The County will facilitate discussion with each city in Sumter County to create a USA for each city. The USA will be established pursuant to and comply with the requirements of Chapter 180, Florida Statutes.

d.

The City's USA shall include all areas in the USA it has currently approved and established through Chapter 180, Florida Statutes, and any area approved by the County and City pursuant to this Agreement.

2.

Right of First Refusal.

a.

The County shall require new development within the USA, which requires central water and/or sewer services, to connect, if available, to the City's water and/or sewer system.

b.

Within its respective USA, each city has first right of refusal to provide water, wastewater, and reclaimed water services to a project.

c.

If the city in whose USA the project is located cannot serve that project, the adjacent USA nearest to the project has the first right of refusal.

d.

If no city can serve the project, the developer may construct a system approved by the city in whose USA they are located; and if agreed upon by the city and developer, turn the system over to that city.

3.

Portion of Property in USA.

a.

If at least 50% of the area of a property or combined contiguous properties under the same ownership or control is within the USA, then the property shall be treated as if it were all within the USA for purposes of this Agreement.

b.

If less than 50% of the area of a property or combined contiguous properties under the same ownership or control is within the USA, then it shall be treated as outside of the USA for purposes of this Agreement.

4.

Abstention from County Public Water/Wastewater System. The County shall abstain from the development and operation of public water and sewer services within the USA except in the following circumstances:

a.

Failure of a private or municipal public water and/or sewer provider or the failure of a homeowner's association to provide for the service to its customers;

b.

Failure of or obsolete private wells or septic tanks in an area that would result in a significant negative impact to public health or environmental resources; and

c.

The City shall have the right of first refusal to provide the services to the failed water and/or sewer system or areas with failed or obsolete private wells or septic tanks.

5.

Fire Hydrants.

a.

The City shall install fire hydrants when constructing new water lines of six (6) inches or more in diameter; and

b.

The fire hydrants shall be spaced in a manner that will reasonably achieve the goals of the County and City. The City shall space the fire hydrants no further than 1,200 feet apart.

c.

The city shall obtain, purchase or otherwise construct all fire hydrants within the boundaries of the City or the boundaries of the USA, as well as any fire hydrant that is pressurized by water provided by City utilities. Sumter County Fire Rescue will perform its own fire flow tests and perform minor fire hydrant maintenance, limited to oiling, greasing, and painting. Sumter County Fire Rescue will provide proper street marking for the fire hydrants. The City shall perform major repairs of the fire hydrants. The City shall be responsible for any maintenance of fire hydrants not categorized as "minor" herein.

6.

Continuation of Previous Interlocal Agreements.

The "Interlocal Agreement for the Provision of Water and Wastewater Service on a Regional Basis Between City of Bushnell and Sumter County", dated May 12, 1998, and the "Amendment to Interlocal Agreement", dated November 9, 1999, between the City and County shall remain in full force and effect.

(Ord. No. 2010-24, 12-14-10)