RESOLUTION NUMBER 2017-

Transcription

1 RESOLUTION NUMBER RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA, DETERMINING THE NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY ALONG BOGGY CREEK ROAD FOR THE PURPOSE OF CONSTRUCTING WATER LINES AND OTHER UTILITY RELATED FACILITIES OF THE ORLANDO UTILITIES COMMISSION AND DIRECTING CONDEMNATION OF THE NECESSARY PROPERTY AND AUTHORIZING THE ORLANDO UTILITIES COMMISSION, ITS REPRESENTATIVES, ATTORNEYS, AND CONSULTANTS TO CONDUCT THE CONDEMNATION ACTION DIRECTED HEREIN; AND FURTHER, SETTING FORTH THE USES FOR WHICH THE PROPERTY IS TO BE ACQUIRED; SETTING FORTH AN ADEQUATE DESCRIPTION OF THE LANDS SOUGHT TO BE TAKEN; AND SETTING FORTH THE ESTATE OR INTEREST IN THE PROPERTY SOUGHT TO BE ACQUIRED. WHEREAS the Orlando Utilities Commission ( OUC ) is a statutory municipal utility provider, and established as a part of the City of Orlando; WHEREAS, the City of Orlando has the authority to acquire and condemn private property in its own name accordance with the Constitution and laws of the State of Florida including but not limited to Sections , , , and and the provisions of Chapters 73 and 74, Florida Statutes; and for the use and benefit of OUC under Laws of Florida, Chapter 9861 (1923), 9, and Laws of Florida Chapter 13198, 1; WHEREAS, OUC is authorized and empowered to own, operate, maintain, extend, enlarge, improve and preserve its energy power plants and electrical transmission and distribution systems, water systems, water lines, water mains, utility lines, and other communication lines wires and facilities within the City of Orlando, and portions of Orange County, Florida, and Osceola County, Florida, in accordance with Laws of Florida, Chapter 9861 (1923), 9; Laws of Florida, Chapter , 1; and Laws of Florida, Chapter , 1;

2 WHEREAS, OUC and the City of Orlando have the authority and power to do all things necessary to carry into effect the provisions of the Laws of Florida, Chapter 9861 (1923), 9; Laws of Florida, Chapter , 1; and Laws of Florida, Chapter , 1; WHEREAS, OUC has no express condemnation authority; and therefore, relies on the statutory authority of the City of Orlando for any condemnation of property on behalf of OUC for relocating, constructing, installing, operating, accessing, and maintaining pipelines and related appurtenances and improvements for distributing water for potable treatment and/or use; WHEREAS, it will be necessary to construct the OUC facilities for the conveyance of water and related appurtenances and improvements required for the continued operation of said municipal water treatment systems and to preserve the public safety of the inhabitants of the City of Orlando and elsewhere, to increase capacity due to lack of adequate space in the current rightof-way, to provide adequate fire flow to new developments along Boggy Creek Road, and to provide additional water supply to the southeast storage and repump facility, which supplies water to the Lake Nona area, and therefore, it is necessary that facilities be constructed and placed upon land to be acquired by condemnation for the purposes hereinafter described so that their benefits may be furnished to the users of OUC s utility system (the Project ); WHEREAS, on October 10, 2017, the Board of OUC determined that the acquisition of certain property and property interests is necessary for the public purpose of constructing, installing, operating, distributing, accessing, and maintaining facilities for the transmission and distribution of water for potable treatment and/or use and other necessary utility purposes and appurtenances such as fire hydrants, service lines, valves, and meters, and the OUC Board requested that the City of Orlando approve this Resolution of Necessity to initiate condemnation 2

3 of said property, with OUC having agreed to be fully responsible for all costs associated therewith; WHEREAS, the City of Orlando hereby adopts the findings made by the OUC Board at its meeting on October 10, 2017, WHEREAS, based on the foregoing the City of Orlando finds (i) the property and property interests described in attached Schedule A are necessary for the Project and for the Project s stated purpose; (ii) the availability of alternative locations and routes, environmental factors, long-range area planning, safety considerations, and costs have been considered; (iii) all necessary permits required by all governmental agencies have been obtained or are reasonably obtainable; and (iv) all necessary conditions precedent have been performed or have occurred; and WHEREAS, the City of Orlando and the Orlando Utilities Commission have exercised good faith and sound judgment in the study of these factors and in reaching a determination that the location selected is appropriate. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orlando, in lawful session duly assembled that all of the foregoing facts are true, correct, and incorporate herein by reference; and it is FURTHER RESOLVED as follows: SECTION 1. The City of Orlando, a municipal corporation, existing under the laws of the State of Florida, by and through OUC, OUC s attorneys, and its other appropriate officials, is authorized and is directed to proceed on behalf of and in the name of the City of Orlando to take such necessary steps and to institute and prosecute such necessary actions and proceedings as may be proper, under the power of eminent domain, to condemn and take possession and title to 3

4 the properties, more particularly set forth below, in advance of final judgment from the present owners thereof and from all persons having an interest therein. SECTION 2. All of the property sought to be acquired herein, as hereinafter described, and is located in Orange County, Florida. Descriptions sufficient for the identification of the property sought to be acquired are set forth as follows. A. Perpetual non-exclusive easements ("Easements") for the use and benefit of the Orlando Utilities Commission to be used for the purpose of public works, providing, conveying, distributing, carrying and/or transmitting water for potable treatment and/or use, together with the right, privilege and authority to construct, establish, use, locate, operate and maintain, repair, relocate, build one or more water pipelines and facilities in connection therewith (collectively "Facilities"), upon, over, under and across that certain property in Orange County, Florida, identified as parcels numbered 802, 803, and 805 and more particularly described in Schedule "A", together with the right and privilege to construct, maintain, operate, reconstruct, inspect, improve, alter, remove or relocate the Facilities on and within the Easements, with all rights and privileges necessary, desirable or convenient for the full enjoyment or the use thereof for the above mentioned purposes, including without limitation: (1) the right to cut and keep clear such trees, limbs, undergrowth and any other obstructions that may impede the full use of the Facilities on and within said right of way; (2) the right of ingress and egress upon, over and under the Easements and a right of way at any and all times for the above purposes and for doing anything necessary, useful, incidental to or convenient for the enjoyment of the Easements herein granted for the Facilities described above, also the privilege of removing at any time any of said Facilities erected upon, over or under said lands; (3) the right of a perpetual easement for ingress and egress over roads 4

5 existing from time to time on adjoining land of the Grantor; (4) the right to prohibit the location or placement of any improvements or structures within the Easement unless approved in writing by the Grantee in Grantee's absolute discretion and subject to reasonable restrictions of Grantee or applicable safety regulations; (5) the right to limit or prohibit mining, ponds or stormwater retention facilities, excavation or fill; and (6) the right to install service connections and other necessary improvements to ensure continued benefit from Facilities. RESERVING to the Defendants or owners, however, all existing rights of title and possession, including but not limited to the following: (I) the reasonable right of ingress and egress, to, over and under the easement and right of way, provided that such right of ingress and egress does not interfere with the safe and efficient construction, maintenance, operation of and access to said Facilities; (II) the use of the Easement and right of way for parking, driveways, wheelstops, gates, irrigation, curbing, light poles (so long as the poles are not located within five (5) feet of the centerline of any pipes), open space, density credit, landscaping (except for trees), except as limited above provided that such use does not interfere with the safe and efficient construction, maintenance, operation of and access to the Facilities; (III) the right (i) to continued use of existing roads and streets or driveways for ingress or egress, if any, and (ii) to build, construct, maintain and travel over future roads, streets or driveways, provided such future roads, streets or driveways do not interfere with the safe and efficient construction, maintenance, operation of and access to the Facilities; and (IV) the right of any owner to enclose the right-of-way by fence, subject, however, to the OUC s and City's right of ingress and egress and design guidelines. SECTION 3. The City Council of the City of Orlando, Florida, does hereby find and it does declare that the Project is reasonably necessary and if for a public purpose, in the public 5

6 interest, for the public benefit, and necessary to satisfy the responsibilities and duties of OUC and that the property hereinafter described in Schedule "A" is necessary for the uses set forth in Section 2 above; it being a public necessity to acquire such right of way for said public use and for the said public purpose of said public works. SECTION 4. An adequate description of the lands sought to be taken for the uses set forth in Section 2 above, is described in Schedule "A" attached hereto and made a part hereof. SECTION 5. The estate or interest in the property which the City of Orlando intends to acquire is set forth in Section 2 and in Schedule A. SECTION 6. All resolutions or portions of resolutions in conflict herewith are repealed. SECTION 7. If any phrase, portion or part of this resolution is found to be invalid or unconstitutional by a court of competent jurisdiction, such phrase, portion or part shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of the resolution. SECTION 8. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of, ATTEST: Mayor Pro-Tem City Clerk VALID IN FORM AND LEGAL IF ADOPTED. Chief Assistant City Attorney 6