§ 126-201. Findings of fact.

The Board of County Commissioners hereby finds and declares that:

(1)

Pursuant to Article VIII, Section 1, of the Florida Constitution; F.S. Ch. 125; and the Sarasota County Charter, the Board of County Commissioners (the "Board") has all the powers of local self-government to perform County functions, municipal functions and to render services for County purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of County ordinances. F.S. § 125.01(1)(k), provides specific legislative authorization for counties to provide and regulate sewage collection and disposal and water and alternative water supplies.

(2)

The Revised and Updated Sarasota County Comprehensive Plan, as adopted by Ordinance No. 89-18, as amended from time to time, incorporates policies and goals for the provision of central water and sewer service in developed areas being served by on-site septic systems and/or wells.

(3)

F.S. § 381.00655, as amended, requires the owners of on-site sewage treatment and disposal systems to connect to an available publicly-owned or investor-owned sewage system within a specified period of time after receiving written notification. Pursuant to F.S. §§ 381.00655 and 125.01(1)(k), as well as Sarasota County's constitutional home rule authority, the Board adopted Ordinance No. 2000-079, as amended, codified as section 126-58 of the Sarasota County Code (the "Code") which requires mandatory connection to the Sarasota County Wastewater Utilities System within a specified period of time following notification.

(4)

It is well recognized that regulating the water supply is a basic and legitimate governmental activity and a public water supply replaces a myriad of private water sources that may be unmonitored or, at best, difficult, expensive and inefficient to monitor resulting in the potential for chemical infiltration, ease of contamination compared to a public water supply system and lack of proper monitoring.

(5)

The Board expressly finds that the provision of County-owned and operated sewer and/or potable water utility service constitutes a valid public purpose, is essential for the protection and preservation of the public health, comfort, safety, economy and general welfare of the citizens of the County, and furthers the goals and policies of the Revised and Updated Sarasota County Comprehensive Plan, as adopted by Ordinance No. 89-18, as amended from time to time.

(6)

The Sarasota County Neighborhood Initiated Potable Water and/or Sewer Line Extension Program established by this article will serve to provide a mechanism by which citizen groups can petition the Board to expedite the provision of central water and/or sewer services to their properties which are currently served by well and/or septic within the unincorporated County, thereby enhancing the marketability and value of those properties by providing safe and reliable central water and/or sewer service as well as enhanced fire protection.

(7)

Pursuant to F.S. § 125.01(1)(q), the Board has the authority to establish Municipal Service Benefit Units ("MSBUs") or Municipal Service Taxing Units ("MSTUs") to provide funding by ad valorem taxation, special assessments or service charges applicable solely within the municipal service taxing or benefits units so established for municipal services and essential facilities in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of County ordinances without referendum approval.

(8)

It is in the best interest of the general welfare of the citizens of Sarasota County that the Costs of providing central water and/or sewer services be shared proportionately by those properties receiving benefit of such services through the establishment of MSBUs. For purposes of the Neighborhood Initiated Potable Water and/or Sewer Line Extension Program, such MSBUs shall be known as "Potable Water Districts", "Sewer Districts" or "Potable Water and Sewer Districts", to provide funding of Costs related to the provision of central potable water and/or sewer service within certain defined geographic areas located within unincorporated Sarasota County, created by either Board initiative or by petition of property owners within such areas.

(Ord. No. 2007-085, §§ 1, 2, 9-12-2007)