Fort Walton Beach Council agenda — 05-22-12 regular — reading text

Section 166. 021( 1), Florida Statutes. Section 2. Purpose & Intent. The City Council authorized the City Manager to develop a planning document and final design documents in order to comply with the requirements of State Statutes and Florida Administrative Code pertaining to the State Revolving Fund Loan Program. These State Statutes and Florida Administrative Code require that the City Council formally accept the planning document, demonstrate the financial capability to repay the State Revolving Fund Loan, and advertise and conduct a public hearing to discuss the application. The City intends to submit an application for a State Revolving Fund low -interest loan for this project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fort Walton Beach, Florida, that: This resolution approves the submission of an application for a Clean Water State Revolving Fund low- interest loan for the Fort Walton Beach Pump Station 41 and Force Main project, accepts the planning documentation, and meets other purposes. The City Manager is hereby authorized to: I. Accept the planning document for the project prepared by Hatch Mott MacDonald Florida, LLC, dated October 2011; 2. Certify that properly noticed and conducted public hearing was held on May 22, Packet Pg. 36  to. x RESOLUTION ( ID # 1818) 2012; and 3. Certify that the financial planning information discussed at the public hearing is correct and that the City of Fort Walton Beach has the capability to repay the loan. The City Manager is further authorized to submit an application for a State Revolving Fund loan for this project to the Florida Department of Environmental Protection and to furnish such information as they may request in connection with an application for a State Revolving Fund loan, including assurances of financial capability to repay the loan. The City Manager is further authorized to execute any and all other necessary instruments in connection with obtaining the State Revolving Fund loan for this project. The City intends, in accordance with Florida law, that a portion of the water and sewer system net revenues, including connection fees, after payments of all prior and senior liens, may be pledged for the repayment of the loan. Section 3. Effective Date. This Resolution shall take effect immediately upon approval by City Council and signature of the Mayor. Adopted , 2012 Mike Anderson, Approved for form and legal Attest: sufficiency: Hayward Dykes, City Helen Spencer, City Clerk Packet Pg. 37  12. 1 To: Robert T. Meams, City Manager From: Michael Beedie, Engineering & Utility Services Director Date: May 22, 2012 1864 - Kenwood ROW Annexation 1. BACKGROUND 1. 1. On April 10, 2012, City Council adopted Resolution 2012 -10 to accept a transfer of title of public rights -of -way in the Kenwood Neighborhood from Okaloosa County. The rights -of -way that were transferred to the City include the following areas: 1. 1. 1. Country Club Avenue NE - currently owned by Okaloosa County but maintained by the City of Fort Walton Beach; 1. 1. 2. Wedgewood Lane NE - currently owned and maintained by Okaloosa County; 1. 1. 3. North end of Fairway Avenue NE - currently owned by Okaloosa County but maintained by the City of Fort Walton Beach; 1. 1. 4. South end of Fairway Avenue NE - currently owned by Okaloosa County but maintained by the City of Fort Walton Beach; 1. 1. 5. Powell Drive NE from south of Rodney Avenue NE to Gibbs Avenue - currently owned by Okaloosa County; 1. 1. 6. Club Place NE - currently owned by Okaloosa County but maintained by the City of Fort Walton Beach; 1. 1. 7. Rodney Avenue NE from west of Powell Drive NE to Kris Avenue - currently owned by Okaloosa County; 1. 1. 8. West end of Eagle Street NE - currently owned by Okaloosa County but maintained by City of Fort Walton Beach; 1. 1. 9. Mooney Road NE between Linwood Road NW and City limit line - currently owned and maintained by Okaloosa County; and 1. 1. 10. L' Ombre Court NE - currently owned by Okaloosa County but maintained by the City of Fort Walton Beach. 2. DISCUSSION: 2. 1. All voluntary annexations must meet the following criteria specified in Section 171. 044 Paeket Pg. 38  121 of the Florida Statutes: 2. 1. 1. The subject property must be contiguous to the City; 2. 1. 2. The property must be reasonably compact; 2. 1. 3. The annexation of the property cannot result in the creation of an enclave, and 2. 1. 4. No part of the total area of land to be annexed may be included within the boundary of another municipality. 2. 2. The Engineering & Utility Services Department has reviewed the application based on the aforementioned criteria and finds the following: 2.2. 1. The property is contiguous to the City limits. 2. 2.2. The property is comprised of public rights -of -way within the Kenwood Neighborhood and is therefore considered compact. 2. 2. 3. The annexation of the subject property would not create an enclave. 2. 2. 4. The property is not currently included in the boundary of another municipality. 2. 3. Because the subject properties are public rights -of -way, there will be no impact on Urban Services, and the annexation is consistent with the Comprehensive Plan. No Future Land Use Map or Zoning Designation is required for the properties. 2.4. The City' s voluntary annexation process requires that upon receipt of an application, the Engineering and Utility Services Director shall review the application in accordance with the ` Standards for Annexation," and submit a recommendation on the proposed annexation ordinance to the Local Planning Agency ( EPA). The LPA shall forward a recommendation to the City Council. 2. 5. The City Council shall then conduct a public hearing, after due public notice, and after consideration of the LPA' s recommendation, may adopt the annexation ordinance. 3. STAFF RECOMMENDATION: 3. 1. Staff finds that the request is consistent with the Comprehensive Plan of the City of Fort Walton Beach. 3. 2. In consideration of the results of Staff s analysis for voluntary annexation of the public rights -of w- ay in the Kenwood Neighborhood transferred from Okaloosa County via Resolution 2012 -10, Staff recommends approval of Ordinance No. 1864. ATTACHMENTS: Map of Annexed Rights -of -Way ( PDF) 5 -8 - 12 ORD 1864 ( DOC) SIGNATURE BLOCK: Michael Beedic Completed 04/27/ 2012 4: 21 PM Stella Jones Completed 04/ 30/2012 9: 15 AM City Attorney Completed 04/ 30/2012 9: 47 AM Carole Jones Completed 04/30/ 2012 9: 50 AM City Manager Completed 05/ 01/ 2012 10: 58 AM Packet Pg. 39  F-12. 1 Completed 05/ 07/ 2012 11: 01 AM Local Planning Agency City Council Completed 05/ 10/ 2012 8: 23 AM Packet Pg. 40  12. 1. b ORDINANCE 1864 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR THE ANNEXATION INTO THE CITY LIMITS OF FORT WALTON BEACH CERTAIN PUBLIC RIGHTS -OF -WAY IN THE KENWOOD NEIGHBORHOOD ACCEPTED FROM OKALOOSA COUNTY BY RESOLUTION 2012 -10; PROVIDING FOR THE EFFECT OF SAID ANNEXATION; PROVIDING FOR MUNICIPAL BOUNDARY AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Okaloosa County Board of County Commissioners transferred the title of public rights -of -way in the Kemvood Neighborhood to the City of Fort Walton Beach, which was accepted by City Council at a public hearing via Resolution 2012 -10 on April 10, 2012, and e 0 WHEREAS, the subject property is contiguous to the municipal boundaries of The City of Fort qxu Walton Beach, is an area that is reasonably compact, and is unincorporated territory. The G annexation of the rights -of -way will not result in the creation of any enclaves, and 3O WHEREAS, the Local Planning Agency held a public hearing on May 12012, and found that v the request was consistent with the Comprehensive Plan. The EPA recommended approval of a this ordinance annexing the subject property, and Y WHEREAS, the notice of annexation was duly published once a week for two consecutive weeks in the Northwest Florida Daily News, a newspaper published within the City of Fort Walton Beach. Upon adoption, this ordinance will be filed with the Clerk of the Court of n Okaloosa County, the Okaloosa County Administrator, and the Florida Department of State. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: oKO SECTION 1. AUTHORITY. N The authority for enactment of this ordinance is Section 166. 021( 1) and Section 17 1, 044 of the Florida Statutes, and Section 2 of the City Charter- E uu SECTION II.