Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton, City Attorney
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approval of and entry into an Acknowledgement and Agreement regarding Utility Lines with Laurel Lakes Villas Owners Association, Inc. for the Laurel Lake Villas portion of the Laurel Run subdivision
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
In or about late 2023, an issue was discovered with the water supply lines at and under the Laurel Lakes Villas portion of the Laurel Run subdivision. Specifically, a leak in the water supply line began to undermine the home of a resident of Laurel Lakes Villas who complained to his homeowners’ association and to the City of Ocala.
While the City of Ocala provides water to Laurel Lakes Villas, based upon a thorough review of the City’s records and the public records of Marion County, Florida, it was determined that the history surrounding the platting and development of the Laurel Run subdivision and its sub-components, including Laurel Lakes Villas, does not clearly establish whether the water system was to be maintained and operated by the homeowners’ association or the City of Ocala. The City’s records demonstrate that the system has never been designated as being maintained by the City and there are no prior records of maintenance performed by the City.
Following a series of meetings between City staff, homeowners within the subdivisions and representatives of all of the involved homeowners’ associations, it was determined that the most appropriate outcome was for the Laurel Lakes Villas homeowners’ association to provide the City of Ocala with the necessary approvals - including Utility Easement Agreement documents executed by all affected property owners - to assume maintenance and operational responsibility for the water infrastructure within the subdivision. In exchange, the City will agree to assume that responsibility in perpetuity. Additionally, the City will make the necessary repairs and adjustments to said infrastructure so as to avoid similar problems in the future.
This outcome provides long-term relief for residents of the Laurel Lakes Villas community and provides clarity and certainty for the City of Ocala with regard to its water infrastructure assets and the associated maintenance and operational obligations. Alternatively, without this outcome, the ongoing lack of clarity with regard to responsibly for the water infrastructure assets disadvantages the City and provides a dangerous situation for the affected residents of the Laurel Lakes Villas community.
FINDINGS AND CONCLUSIONS:
The City Council of the City of Ocala, Florida finds, determines and concludes that approval of an entry into an Acknowledgement and Agreement regarding Utility Lines for the Laurel Lake Villas portion of the Laurel Run subdivision:
• Will provide important municipal utility services to the residents of the Laurel Lakes Villas community;
• Resolves and concludes the ongoing dispute over the ownership, maintenance and operational responsibility for the water utility infrastructure in the Laurel Lakes Villas portion of the Laurel Run subdivision;
• Provides much needed clarity and understanding for both the City of Ocala and the residents of the Laurel Lakes Villas portion of the Laurel Run subdivision concerning the water infrastructure assets which provide them with potable water and which, if left unaddressed could result in catastrophic impacts to their homes.
• Is intended to and does protect and promote the health, safety and welfare of the citizens of the City of Ocala, Florida; and
• Is in the best interest of the City of Ocala, Florida and its citizens.
FISCAL IMPACT:
The agreement to assume perpetual responsibility for the maintenance and operation of the water utility infrastructure assets within the Laurel Lakes Villas portion of the Laurel Run subdivision will have a fiscal impact. Any specific impact, however, is difficult or impossible to ascertain at this time. The fiscal impact should not exceed the similar fiscal impact for the City’s maintenance and operational responsibly for myriad other, similar assets.
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The Acknowledgement and Agreement regarding Utility Lines was prepared by counsel for Laurel Lakes Villas Owners Association, Inc. and has been reviewed and approved as to form and legality by William E. Sexton, City Attorney.
ALTERNATIVE:
• Approve entry into Acknowledgement and Agreement regarding Utility Lines with changes;
• Table for consideration at a later date; or
• Not approve entry into Acknowledgement and Agreement regarding Utility Lines