File #: RES 2022-083    Name: Kessaris Easement and Wastewater Agreement
Type: Resolution Status: Passed
File created: 3/24/2022 In control: City Commission
On agenda: 12/8/2022 Final action: 12/8/2022
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A WASTEWATER (ONLY) AGREEMENT, ATTACHED AS EXHIBIT "1," BETWEEN THE CITY OF COCONUT CREEK, AND DINA T. KESSARIS AND KIRK RICHARDO ROBERTSON, AS PROPERTY OWNERS, FOR DELIVERY OF WASTEWATER SERVICES TO THE PROPERTY LOCATED AT 7301 NW 39 AVENUE, UNINCORPORATED BROWARD COUNTY, FLORIDA 33073; AND ACCEPTING A UTILITY EASEMENT OVER, ACROSS, THROUGH, IN, AND UNDER A PORTION OF SUCH PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "2," IN ORDER TO FACILITATE SUCH SERVICE.
Sponsors: Utilities and Engineering
Indexes: Agreement, Resolution, Utilities and Engineering, Water and Wastewater
Attachments: 1. RESOLUTION 2022-083-Kessaris Easement and Wastewater Agreement, 2. EXHIBIT 1-Kessaris Wastewater Agreement, 3. EXHIBIT 2-Utility Easement, 4. BACKUP-Consent to Easement (Kessaris)

AGENDA ITEM REPORT

TITLE:

title

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A WASTEWATER (ONLY) AGREEMENT, ATTACHED AS EXHIBIT “1,” BETWEEN THE CITY OF COCONUT CREEK, AND DINA T. KESSARIS AND KIRK RICHARDO ROBERTSON, AS PROPERTY OWNERS, FOR DELIVERY OF WASTEWATER SERVICES TO THE PROPERTY LOCATED AT 7301 NW 39 AVENUE, UNINCORPORATED BROWARD COUNTY, FLORIDA 33073; AND ACCEPTING A UTILITY EASEMENT OVER, ACROSS, THROUGH, IN, AND UNDER A PORTION OF SUCH PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT “2,” IN ORDER TO FACILITATE SUCH SERVICE.

 

body

BACKGROUND:

Dina T. Kessaris and Kirk Richardo Robertson (Owners) own the property located at 7301 NW 39 Avenue, Unincorporated Broward County, which is located within the City’s water and wastewater service area. In 2016, Broward County (County) issued building permit #1500810 for the development of a single-family residential unit at this property. As part of the building permit, the County authorized the construction of a water well to serve the potable water needs of the property. Per Section 381.00655, Fla. Stat., the Florida Department of Environmental Protection (FDEP) denied the request for a septic tank and required a connection to the City’s wastewater services.

At this time, there are no other properties within the City’s service area that seek the City’s wastewater services only, without the desire to connect to the City’s potable water services as well. In order to accommodate the wastewater connection, the provisions of the City’s standard Water and Wastewater Agreement have been modified into the Wastewater (only) Agreement to serve this property. Such provisions include the Owner’s responsibility pertaining to the installation of the wastewater service connection, the manner and method of payment of Impact Fees, the projected water consumption for billing purposes, and other expenses that may be associated with the work; standards of construction or specifications; unanticipated engineering errors and/or omissions; rules, regulations, and procedures of the City; and other reasonable obligations. For billing purposes, Broward County’s Equivalent Residential Unit Factors conversion for maximum day water demand of one (1) ERC is equal to 246 gallons per month (gpm). That figure was utilized to calculate the average monthly water consumption of 7,483.32 gpm. Per City Code Section 20-82, the monthly water consumption will be used to calculate the wastewater charges.

As part of the wastewater connection, the Owners have agreed to provide a utility easement to access and maintain certain new and existing structures. The new wastewater lateral and connection was constructed per City standards and specifications and is now being dedicated to the City. The utility easement to be transferred to the City is more particularly described in Exhibit “2.”

DISCUSSION:

The City is committed to ensuring continuity and expansion of utility services, as well as efficient and effective customer service. The Owners, at their cost, have designed and constructed wastewater infrastructure to serve their property and to be an integral part of the City’s system. As required by the City’s Code, the Wastewater (Only) Agreement is essential for the City to provide Wastewater services to this property. Most importantly, it displays the methodology used to calculate the monthly water consumption for purposes of billing the customer for the corresponding Wastewater discharge. This Agreement does not include water, but pertains to Wastewater only at this time.  If water is added later, a new agreement will be required. 

RECOMMENDATION:

Staff recommends approval of this resolution.

FISCAL IMPACT:

REVENUES:                                          $ 3,489

EXPENDITURES:                     $ 0

BUDGETED?                                          No                                          

NOTES:  Water/Sewer Capital Improvement Fund Revenue Account 42-V32420, Impact Fees. The value/dimension of the easement will be determined and recorded in the Water/Sewer Capital Improvement Fund Revenue Account 42-V38940, Grants and Donations as part of the City’s annual year-end process. Wastewater services will be billed monthly through the City’s Utility Billing System.