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1 ORDINANCE NO. 691

2 AN ORDINANCE OF THE CITY COMMISSION OF

3 THE CITY OF DAVENPORT, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN BY

4 ADOPTING A TEN (10) YEAR WATER SUPPLY PLAN; PROVIDING FOR AMENDMENTS TO THE

5 TEXT OF THE INFRASTRUCTURE ELEMENT, INCORPORATING THE CITY'S TEN (10) YEAR

6 WATER SUPPLY FACILITIES WORK PROGRAM; PROVIDING FOR THE INCLUSION OF

~ REFERENCED SUPPORTING DATA AND DOCUMENTS; PROVIDING FOR TRANSMITTAL OF

g THE PLAN AMENDMENTS TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW AND

9 APPROVAL; PROVIDING FOR DATA AND ANALYSIS; PROVIDING FOR DIRECTIONS TO THE

10 CITY CLERK; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH;

11 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

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` WHEREAS, Sections 163.3161 through 163.3215, Florida Statutes, the Local 14

Government Comprehensive Planning and Land Development Regulation Act, empowers 15

and mandates Florida's municipalities to plan for future development and growth, to 16

encourage the most appropriate use of land, water and resources, consistent with the public 17

interest, and to adopt and to amend comprehensive plans, or elements or segments thereof, to 18

guide the future growth and development of municipalities; and 19

WHEREAS, Section 163.3177(6)(c), Florida Statutes requires local governments, 20

except where specifically exempted, to identify alternative water supply projects and 2~

traditional water supply projects and conservation and reuse necessary to satisfy the water 22

needs within the local government's jurisdiction; and 23

WHER~AS, Section 163.3177(6)(c), Florida Statutes specifies that said needs must 24

be documented and included within a work plan covering at least a ten- year planning period 25

~~ for building public, private and regional water supply facilities, including the development of ~ 26

alternative water supplies, necessary to serve existing and new development; and 27

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1 WHEREAS, the City Commission of the City of Davenport, pursuant to the

2 aforementioned statutory provisions, finds that it is necessary to implement such a plan to

3 meet the water needs and to develop alternative water supplies necessary for its area residents

4 and businesses; and

5 WHEREAS, in the exercise of its authority, the City Commission has previously

6 transmitted plan amendments to the Department of Community Affairs and pursuant to its

7 findings herein, dete~rnines that it is necessary to adopt a water supply facilities work plan,

8 hereinafter referred to as "Amendment CPA10-WSP-O 1", which is attached hereto and fully

9 incorporated herein as E~ibit "A" ; and

10 WHEREAS, pursuant to Section 1633184, Florida Statutes, the City Commission of

11 the City of Davenport has held two public hearings on "Amendment CPA10-WSP-01 ", with

12 due public notice having been provided to facilitate public comment and opinion, and the ,. ~. 13 City Commission has considered any and all written and oral comments received from the

14 public during said hearings including any and all supporting documentation thereto.

15 NOW THEREFORE, BE IT ENACTED by the City Commission of the CiTy of

16 Davenport, Florida, as follows:

17 SECTION 1. Findin~s.

18 The City Commission finds that the preceding recitals are true and correct and that

19 the City Commission deems it necessary to adopt each term, condition and provision of

20 "Amendment CPA10-WSP-O 1" with the objective that the proposed Water Supply Facilities

21 work Plan will be in full compliance with the laws of the State of Florida.

22 SECTION 2. Data and Analvsis.

23 The basis for adopting "Amendment CPA 10-WSP-O 1" is the City of Da~enport ten-

24 year water supply facilities work plan as found in Exhibit "A" and said document is to be

25 included as Data and Analysis within and supporting the segments of the City of Davenport ~.

~ , 26 Comprehensive Plan.

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1 SECTION 3. Text Amenc~ments to the Daven port Comprehensive Plan.

2 The City of Davenport hereby amends the text of the Infrastructure Element of the

3 City's Comprehensive Plan. The proposed text amendments are fully specified and set forth

4 in Attachment "A" of the Water Supply Facilities Work Plan, and by this reference made a

5 part hereof and incorporated in this

6 Ordinance.

7 SECTION 4. Providin~ Directions to the City Clerk.

8 The City Clerk is hereby authorized and directed to maintain a certified copy of this

9 Ordinance and the City of Davenport's Comprehensive Plan within the Office of the City

10 Clerk of the City of Davenport. Further, upon request, the City Clerk shall also provide

11 copies to the public pursuant to Chapter 119, Florida Statutes, the Florida Public Records

12 Act. ~- ~ 13 SECTION 5. Providin~ for the Re peal of Ordinances in Conflict Herewith.

14 All ordinances or segments of ordinances in conflict herewith are hereby repealed.

15 SECTION 6. Severa6ility.

16 If any section, sentence, clause or phrase of this Ordinance is held to be invalid or

17 unconstitutional by any court of competent jurisdiction, then said holding shall in no way

18 effect the validity of the remaining sections of this Ordinance, which shall remain in full

19 force and effect.

20 SECTION 7. Effective Date.

21 The effective date of"Amendment CPA10-WSP-01" shall constitute the date a Final

22 Order is issued by the Department of Community Affairs or the Administration Commission

23 finding said amendment in compliance with Section 163.3184, Florida Statutes. No

24 development orders, development permits, or land uses dependent on "Amendment CPA10-

25 WSP-Ol" may be issued or be com~nenced before the amendment has become effective. If r~

~, 26 the Administration Commission issues a Final Order of Non-Compliance, the amendment

27 may nevertheless be made effective by adoption of a resolution affirming the amendment's

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1 effective status. A copy of said resolution shall be forwarded to the Florida Department of

2 Community Affairs, Division of Community Planning, Plan Processing Team.

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4 INTRODUCED, PASSED AND DULY ADOPTED ON FIRST READING

5(TRANSMITTAL HEARING) by the City Commission of the City of Davenport, Florida,

6 meeting in Regular Session this 23 rd day of August, 2010.

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CITY COMMISSION 8 O QPaR , RIDA

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10 BY~ ~

Peter ust, Ma

11 ATTEST:

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/ ' ~ 13 BY~ ,

Raq el stillo, City Clerk 14

INT ODUCED, PASSED AND DULY ADOPTED ON SECOND READING 15

(ADOPTION HEARING) by the City Commission of the City of Davenport, Florida, 16

meeting in Regular Session this (Date and Month to be determined), 2010. 17

CITY COMMISSION 1 g POR , DA

19 `

By~ 20 Peter Rust, Ma o

21 ATTEST:

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d 23 By.

Raqu illo, ity Clerk 24

25 APPROVED AS TO FORM AND CONTENT: r ~ ~ , 26

l 27 gy: ~

28 Ki , arren, i A orney

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RAS~p

CITY OF DAVENPORT, FLORIDA

EXHIBIT "A"

o~~PUENPp~~,~`

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WATER SUPPLY FACILITIES VUORK PLAN

Prepared For:

-- Florida Department of Community Affairs ~ ~ Division of Community Planning

2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100

Prepared By:

City of Davenport South Allapaha Ave

P.O. Box 125 Davenport, FL 33836

DECEMBER 2010

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EXHIBIT "A"

TABLE OF CONTENTS

~ 1.0 INTRODUCTION ~

1.1 Statutory History 1.2 Statutory Requirements

2.0 BACKGROUND INFORMATION

2.1 Overview

2.2 Relevant Regional Issues

3.0 DATA AND ANALYSIS

3.1 Population Information 3.2 Maps of Current and Future Areas Served 3.3 Potable Water Level of Service Standard 3.4 Population and Potable Water Demand Projections by Each Local

Government Utility 3.5 Water Supply Provided by Local Government 3.6 Water Supply Provided by Other Entities 3.7 Conservation

3.7.1 Countywide Issues 3.7.2 Cocal Government Specific Actions, Programs, Regulations, or

' ' Opportunities ` 3.7.3 Identify any Local Financial Responsibilities as Detailed in the CIE or

CIS

3.8 Reuse 3.8.1 Regional and Countywide Issues 3.8.2 Local Government Specific Actions, Programs, Regulations, or

Opportunities 3.8.3 Identify any Local Financial Responsibilities as Detailed in the CIE or

CIS

4.0 CAPITAL IMPROVEMENTS

4.1 Work Plan Projects 4.2 Capital Improvements Element/Schedule

5.0 Alternative Water Supply Projects

ATTACHMENT "A" PROPOSED GOALS, OBJECTIVES AND POLICIES

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EXHIBIT "A"

1.0 INTRODUCTION

~' The purpose of the City of Davenport's Water Supply Facilities Work Plan (Work Plan) is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the local government's jurisdiction. Chapter 163, Part II, F.S., requires local governments to prepare and adopt Work Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Southwest Florida Water Management District (SWFWMD) updated their regional water sup.ply plan for the Central and Southern Regions of the District and it was approved by the District Governing Board on November 30, 2006. Therefore, the local governments located in the Central and Southern Region (includes Davenport) must therefore prepare their 10-year water supply facilities work plans and update their comprehensive plans.

Residents of the City of Davenport obtain their water directly from the City of Davenport's Utility Department, which is responsible for ensuring that enough capacity is available for existing and future customers.

The City of Davenport's Water Supply Facilities Work Plan (Work Plan) will reference the initiatives already identified in the Polk County Comprehensive Water Supply Plan, a SWFWMD co-funded report identifying existing and new alternative water supply sources needed to meet the future potable water and non-potable water demands of the various public utility systems within Polk County. According to state guidelines, the Work Plan and

.~ the comprehensive plan amendment must address the development of traditional and ~ alternative water supplies, bulk sales agreements and conservation and reuse programs

that are necessary to serve existing and new development for at least a 10-year planning period. This work plan includes data and analysis over a 20-year period to the year 2030.

The City's Work Plan is divided into four sections and one attachment:

Section 1 — Introduction Section 2 — Background Information Section 3— Data and Analysis Section 4— Work Plan Projects/Capital Improvement Element/Schedule Attachment "A" — Proposed Goals, Objectives, Policies

1.1 Statutory History

The Florida Legislature has enacted bills in the 2002, 2004, and 2005 sessions to address the state's water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida Statutes (F.S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local

~. land use planning and water supply planning.

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EXHIBIT "A"

1.2 Statutory Requirements

, Each local government must comply with the following requirements:

1. Coordinate appropriate aspects of its comprehensive plan with the appropriate water management district's regional water supply plan, [163.3177(4)(a), F.S:]

2. Ensure that its future land use plan is based upon availability of adequate water supplies and public facilities and services [s.163.3177(6)(a), F.S., effective July 1, 2005]. Data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet projected growth demands must accompany all proposed Future Land Use Map amendments submitted to the Department for review. The submitted package must also include an amendment to the Capital Improvements Element, if necessary, to demonstrate that adequate public facilities will be available to serve the proposed Future Land Use Map modification.

3. Ensure that adequate water supplies and facilities are available to serve new development no later than the date on which the local government anticipates issuing a certificate of occupancy, and having consulted with the applicable water supplier prior to approving a building permit js.163.3180 (2)(a), F.S., effective July 1, 2005]. This "water supply concurrency" is now in effect, and local governments should be complying with the requirement for all new development proposals. In addition, local governments should update their comprehensive plans and land development regulations as soon as possible to address these statutory

_. requirements. The latest point at which the comprehensive plan must be revised to , reflect the concurrency requirements is at the time the local government adopts plan

amendments to implement the recommendations of the Evaluation and Appraisal Report (EAR).

4. For local governments subject to a regional water supply plan, revise the General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element (the "Infrastructure Element"), within 18 months after the water management district approves an updated regional water supply plan, to:

a. Identify and incorporate the alternative water supply project(s) selected by the local government from projects identified in the updated regional water supply plan, or the alternative project proposed by the local government under s. 373.0361(7), F.S. [s. 163.3177(6)(c), F.S.];

b. Identify the traditional and alternative water supply projects, bulk sales agreements, and the conservation and reuse programs necessary to meet current and future water use demands within the local government's jurisdiction [s. 163.3177(6)(c), F.S.]; and

c. Include a water supply facilities work plan for at least a 10-year planning period for constructing the public, private, and regional water supply facilities identified in the element as necessary to serve existing and new development. [s. 163.3177(6)(c), F.S.] Amendments to incorporate the water

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supply facilities work plan into the comprehensive plan are exempt from the twice-a-year amendment limitation. [s. 163.3177(6)(c), F.S.]

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EXHIBIT "A"

5. Revise the Five-Year Schedule of Capital Improvements to include any water supply, reuse, and conservation projects and programs to be implemented during

~ ~ the five-year period.

6. To the extent necessary to maintain internal consistency after making changes described in Paragraph 1 through 5 above, revise the Conservation Element to assess projected water needs and sources for at least a 10-year planning period, considering the appropriate regional water supply plan, the applicable District Water Management Plan, as well as applicable consumptive use permit(s). [s.163.3177 (6)(d), F.S.]

If the established planning period of a comprehensive plan is greater than ten years, the plan must address the water supply sources necessary to meet and achieve the exis#ing and projected water use demand for established planning period, considering the appropriate regional water supply plan. [s.163.3167 (13), F.S.]

7. To the extent necessary to maintain internal consistency after making changes described in Paragraphs 1 through 5 above, revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with applicable regional water supply plans and regional water supply authorities' plans. [s.163.3177(6)(h)1., F.S.]

8. Address in the EAR, the extent to which the local government has implemented the 10-year water supply facilities work plan, including the development of alternative water supplies, and determine whether the identified alternative water supply projects, traditional water supply projects, bulk sales agreements, and conservation and reuse programs are meeting local water use demands. [s.163.3191 (2)(1), F.S.]

2.0 BACKGROUND INFORMATION

2.1 Overview

The City of Davenport is located in the northeastern portion of Polk County approximately 5 miles south of Interstate 4 and west of US 27, with a total population of 3,978 residents (SWFWMD 2007 Public Supply Per Capita Water Use Survey) within the City's Utility Service Area. The Orlando metropolitan area is 30 miles East of Davenport and the downtown Tampa business district is about 1 hours drive to the West along I-4. Two major highways access the City. US Highway 17/92 runs through the middle of the city limits and US Highway 27 runs along the western city limit boundary.

The City of Davenport is located within both the SWFWMD's regulatory boundary and the South Florida Water Management DistricYs boundary (SFWMD). Davenport's corresponding regulatory area includes the Central Florida Coordination Area (CFCA). The City of Davenport is bordered by the Polk County Utilities (PCU) and also bordered by the service area of the City of Haines City.

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,~~ ` , 2.2 Relevant Regional Issues

As the state agency responsible for water supply in the area covering the City, the SWFWMD plays a pivotal role in resource protection, through criteria used for Consumptive Use Permitting. The City is located in an area designated by the SWFWMD as the Southern Water Use Caution Area (SWUCA). The SWFWMD defines a"water use caution area" as a region where water resources are or will become critical in the next 20 years. This means that groundwater may not be able to meet the future demands for the City and there is a need to investigate alternative water supplies.

Davenport is also located in an area designated as the Central Florida Coordination Area (CFCA). This includes areas of the Southwest Florida, South Florida, and St. Johns River Water Management Districts. The CFCA is an area designated as not a~le to sustain growth for the next 20 years through groundwater sources alone. Currently, rules developed for the SWUCA supersede the rules developed by CFCA.

3. DATA AND ANALYSIS

3.1 Population Information

,_ ~, The City's service area population in 2007 was reported as 3,978. Future population `, figures are derived from the University of Florida's Bureau of Economic and Business

Research (BEBR). This data indicates by 2010, the City's population is anticipated to increase to 5,297; 2015 to 6,042; 2020 to 6,875; 2025 to 7,866; and 2030 to 9,286 (represents an increase of seventy-five percent over the 2007 population). The population increase. reflects the fact that much of the infrastructure has been installed for several planned developments and they are expected to continue to grow over the next 20 years despite the current stagnation in growth.

3.2 Maps of Current and Future Areas Served

The following maps provide an understanding of current and future developments served by the City. Map 1 shows the city limits and the planned developments. The map was created for the City as a planning document. Map 2 shows the entire service area boundary for the City and was taken from the Polk County Comprehensive Water Supply Plan.

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EXHIBIT "A"

'~ ' Map 2 ` ~

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EXHIBIT "A"

3.3 Potable Water Level of Service Standard

In 2007 the population was reported as 3,978 and the reported water demand was 0.531 million gallons per day (MGD). This equates to 133 gallons per capita per day (gpcd). In the 2009 SWFWMD survey of the City's water use, the measured use was 119 gpcd. The most recent Water Use Permit from the SWFWMD lists 149 gpcd as the basis for their calculations.

3.4 Population and Potable Water Demand Projections by Each Local Government or Utility

The table and graph ~n the following page were taken from the Polk County Comprehensive Water Supply Plan. The table provides the population projections through the year 2030 along with a projection of the water demand for the population. The graph illustrates the projected point at which groundwater alone will not be sufficient for the City's water demand.

Table 3.41 SWFWMD: City of Davenport Population and Water Demand Projections

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~ate~SltPP~ fici~ {-} c~~

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200? 3,978 1.002 0.531 +0.471

2010 5,297 1.002 0.795 +0.207

2a15 6,042 1.002 0.906 +0.096

~02p 6,875 1.002 1.031 -0.029

20~~ 7,866 1.002 1.180 -0.178

~~ ~ ZQ~~~ 9,286 1.002 1.393 -0.391 *Actua12007 Service Area Population and actual Water Demand Projections as provided by the City of Davenport. **SWFWMD Permitted AA.D Withdrawal from 2010 to 2030. ***These demands reflect The City of Davenport's projections since the City provided SWFWMD acceptable methodology far future demand during the water use permit renewal evaluations and Central Florida Coordination Area Plam~ing evaluations.

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EXHIBIT "A"

Davenport

1.5

1.4

1.3

1.2

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Q 0.9

0.8

0.7 2019 Water Supply Needs Exceed Current Permitted

0.6 Supply

0.5 O~ o .-• N t+1 V v1 lo r oo G~ o .. N C ~O 1~ oo O~ o ~ ~ "" ̂ ̂ ~ ̂ ̂ ~--' +--~ ~--~ ~ N N N N N N CV (V N N M M O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N fV N N N CI N N N N N

Time (yr)

+ Water Demand/Need —0— Current Peimitted Water Supply

Figure 3.4.1: Supply and Demand Curve

,~ 3.5 Water Supply Provided by Local Government ~,

3.5.1 Water Use Permit

The SWFWMD issued WUP #20005750.007 to the City for the operation of three public supply wells that they own. The total quantity authorized is 1.002 MGD on an annual average and 1.756 MGD for a peak month. The City has flexibility in the quantity provided from each welL

As was shown in Figure 3-1, additional sources of water besides groundwater will be required by 2019. The Polk County Comprehensive Water Supply Plan identifies transition of existing agricultural, commercial, or other form of land use wells to public supply over time to augment the current permitted amounts. The total amount to be transferred will be a portion of what is currently permitted and was estimated to be between 0.1 and 1.2 MGD.

3.5.2 Water Facilities

The City currently supplies water from an existing water plant located near the downtown area. This water plant has two wells designated as Well #1 and Well #3 in the WUP permit. Disinfection is provided by injection of sodium hypochlorite. The water is stored in ground storage tanks and pumped by high service pumps with variable frequency drives to meet a

,. pressure set-point for distribution to customers.

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EXHIBIT "A"

~ The City is also finalizing a second water production facility that contains the third well in ~~ the WUP permit designated as Well #4. The new facility is located on the western side of

the city limits in the midst of the planned developments. The treatment and distribution facilities are similar in operation to the existing water plant. The new facility provides additional storage and the ability to accept water from the existing facility and repump for distribution as a booster station.

3.6 Water Supply Provided by Other Entities

The City does not have any existing agreements for bulk sales of water due to the adequate quantity of water permitted and supplied from their water plant. The Polk County Comprehensive Plan identifies potential sources for bulk sales agreements as an option fo~ future water supply and to delay the time when existing permi#ted quantities will be surpassed by demand. The City is actively pursuing agreements with Haines City to the south and Polk County Utilities to the north. An agreement with Haines City is expected to be finalized in the coming months.

3.7 Conservation

Several sources are available for information on conservation plans. The Polk County Comprehensive Plan reviewed available sources and prepared a specific analysis for the

, City of Davenport. The following section is from the report and contains the table labeled ~ Table 3.7.1 with estimated water savings.

(Source - Polk County Comprehensive Water Supply Plan):

The ability to quantify conserved water is critical when developing a comprehensive regional water supply plan. The objective of this portion of the Polk County Comprehensive Water Supply Plan was to identify potential, quantifiable impacts on potable water consumption for various water conservation methods if applied to the specific local governments located within Polk County.

Prior to the detailed evaluation of potential conservation measures, several relevant studies were examined in detail, including:

♦ Southwest Florida Water Management DistricYs - 2006 Regional Water Supply Plan ♦ Tampa Bay Water - Compilation of Members' Five Year Conservation Plans

~ 2005 Heartland Water Alliance — Phase I; II & III Water Supply Plan

♦ 2007 Polk County Local Governments Utilities — Phase I& II County Wide Water Supply Plan.

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EXHIBIT "A"

~~ These studies aided the Polk County Comprehensive Water Supply Plan Team in '' developing a list of conservation methods for further evaluation and consideration

(PCCWSP Appendix A). The list consisted of many conservation approaches utilized by a wide range of utilities. From the list of conservation items, several projects were selected to undergo more detailed analyses based on permitability, additional benefit, implementation time, cost effectiveness, water savings and the ability to quantify future savings.

Potential conservation measures were evaluated for individual water savings potential and cost effectiveness. It is noteworthy that the majority of these conservation projects, even though implemented by the municipality; are only realized through voluntary participation. The voluntary nature of these measures was addressed through the inclusion of individual participation factors, which •were customized to the communities and the specific conservation program. From this evaluation, specific conservation measures for each local government's utility service area were selected for the detailed analysis. Through the efforts of this study, the estimated quantity of water savings for the City of Davenport could potentially be as much as 0.082 MGD, based on an assumed average participation rate of 23 percent (SWFWMD, 2009). Apparently, if higher participation rates are achieved, additional water savings can be realized.

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EXHIBIT "A"

~~ 3.8 Reuse

~ State law supports reuse efforts. Section 373.250(1) F.S. provides that "water reuse programs designed and operated in compliance with Florida's rules governing reuse are deemed protective of public health and environmental quality." In addition, Section 403.064(1), F.S., provides that "reuse is a critical component of ineeting the state's existing and future water supply needs while sustaining natural systems."

The City currently operates a wastewater treatment plant. It is permitted to treat up to .150 MGD of wastewater and operating at an average of 0.040 MGD. The current permitted effluent disposal method is discharge to rapid infiltration basins. As the population increases and wastewater flows increase, the effluent could be used for potable water offset. The estimated wastewater flow for 2030 based on the population projections is over 0.70 MGD and it is anticipated that a portion ~f this would be available for potable water offset. Potential uses are public access areas, residential irrigation, agricultural irrigation, industrial, or commercial non-potable uses.

4.0 CAPITAL IMPROVEMENTS

4.1 Capitallmprovements

At the present time the City of Davenport does not have plans for expansion of its water system. The City maintains a budget for restoration and rehabilitation of aged equipment

~- and pipelines. Upon the completion of the second water plant it is not anticipated that ~- additional facilities will need to be constructed to maintain the level of service. New

developments are required to provide pipelines for connection to the City's system. Pipelines for the developments depicted in Map 1 have already been constructed.

4.2 Water Supply Options

The City will continue to monitor for the potential to create new groundwater supplies from retired agricultural WUPs as agricultural lands are developed. The City will continue to participate in conservation programs including inverted rate structure and plumbing and irrigation restrictions. The City abides by the watering restrictions set forth by the SWFWMD and enforces these restrictions through the Regulations enforcement/police department.

The following table from the Polk County Comprehensive Water Supply Plan summarizes the anticipated water supply deficit in 2030 and the options available specifically to the City of Davenport for meeting the future demands. As stated previously, the City is actively pursuing bulk agreements with neighboring municipalities to ensure supply and reliability for their system although no bulk agreements are identified in the table.

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EXHIBIT "A"

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Table 4.2.1: Local Water Supply Options ~ ~,......

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Current WUP Capacity 1.002 mgd Projected 2030 Demanc~ 1393 mgd Deficit (in 2030) -0.391 mgd ~ r„ _. ~ ~ aP,.

~'.. t'} ~xc~ua~ Cate +aries .

~ ~~ti~ed t~~i~~i

: m d`

~ Estimated Rang~:

d-~

. w. t~rnated ~osts

~1 it}tl~l at Conservatiori 0.082 m d 0.0 - 03 $0.71 Reclaimed3 0390 m d 0.05 - 0.8 $1.50

Land Use Transitiori 0346 m d 0.1 - 1.2 $1.37 Lower Floridari 0.100 msd 0.1 - 0.2 ~ $2.79

Re ional Sources Estimated O rionai Cate ories Subtotal f~.918 mgd '

Su lus/Deficit with 0 tional Cate ories 2030 +0.527 m d

(1) Projections provided by SWFWMD (March 2009) (2) The range of water demand reduction quantities for conservation were estimated as part of the 2009 Polk Counry Comprehensive Water Supply Plan by utilizing a variety of programs with participation rates varying from 5% to 75%. The estimated water supply quantity, as shown in the table above, is based on an assumed overall participation rate of 23% (3) The range of water demand reduction quantities for reclaimed water were calculated using the SWFWMD Population Projections Multiplied by 84 gpcd. The eslimated water supply quantiry, as shown in the table above, is based on the assumption that the p~ojected increase in wastewater will be used to offset future potable water demands with a 50% efficiency rate. (4) The range of water supply quantities which may be obtained from land use transitions were calculated using a range of 5% to 50% of the current permitted agricultural, mining, industrial/commercial wells in the service area. The estimated water supply quantity, as shown in the table above, was calculated based on an assumed value of 15% of the permitted quantity would transition based on historical trends of land (5) The range of water supply quantities for Lower Floridan Blending were calculated using a range of 5% to 20% of the current permitted capacity and assumed Lower Floridan Aquifer quality. The estimated water supply quantity, as shown in the table above, was assumed to be 10% of the current permitted supply quantity for the service azea.

(6) Specific water supply quantities for regional sources for this service area have not been determined at this time.

5.0 Alternative Water Supply Projects

There are limited options for altemative water supply that exist within the Central Florida "Heartland" region. As a non~oastal area, desalination of salt water is not an option. Aquifer storage recovery is still somewhat experimental and is cost prohibitive for small communities. The any savings or conservation in Davenport's current water supply system well be based on a combination of the several project options, such as, the conversion of agricultural wells; the requirement for all new development to utilize Xeriscape Florida Friendly drought tolerant and native plantings landscaping techniques, water conserving plumbing fixtures, and efficient irrigation s~ystem design and the potential for a reclaimed watersystem in thefuture.

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EXHIBIT "A"

~~ 5.1 Polk County and Haines City Potential Initiatives

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EXHIBIT "A"

,~ 5.2 Prospective Conservation and Reuse Programs

~~ Periodically undertake a systematic calibration of all major water meters as necessary to eliminate.unaccounted water.

Undertake a water meter replacement program to replace low registering water meters in use throughout the utility service area.

The City shall require the use of low volume plumbing fixtures for all new construction, to be enforced as part of the City's building code and other appropriate permitting regulations.

Periodically evaluate water rate structures to ensure that rate structures encourage the conservation of potable water resources.

The City will cooperate with the Southwest Florida Water Management District in regard to any future water shortage conservation plans or strategies.

Adopt the water conservation plan approved by the Southwest Florida Water Management District (SWFWMD).

Coordinate with SWFWMD to enforce water restrictions. Coordinate with Polk County for enforcement of water restrictions in the unincorporated areas of the utility service

,' ' area.

18of22

ATTACHMENT "A"

,~ PROPOSED GOALS, OBJECTIVES AND POLICIES TO BE INCORPORATED

~ INTO THE CITY OF DAVENPORT'S COMPREHENSIVE PLAN

The following Goa/s, Objectives, and Policies (GOPs) are proposed to be added to the end of the Infrastructure Element of the City of Davenport's Comprehensive Plan:

10 YEAR WATER SUPPLY FACILIES WORK PLAN

GOAL 6: TO PROVIDE A SAFE AND ADEQUATE SUPPLY OF POTABLE WATER UTILIZING EXISTING WATER SUPPLY WELLS, ALTERNATIVE WATER SUPPLY SOURCES, DISCOURAGING ADDITIONAL GROUND WATER WITHDRAWAL, TO MEET THE EXISTIi~1G AND PROJECTED NEEDS OF ALL EXISTING AND FUTURE DEVELOPEMNTS THROUGH ADOPTING A 10 YEAR WATER SUPPLY PLAN. fSections 163.3180(2)(a), 163.3177(3)(a)5., (6)(a) and (c F.Sl

OBJECTIVE 6.1: Citv of Davennort shall implement the 10-Year Water Sunnlv Plan adopted as part of this element to ensure the ade quate provision of potable water within the service areas. As part of this plan, the City will continue to monitor and correct anX deficiencies found in existin~ public potable water treatment and distribution facility and planned extensions and increases of facility capacities in order to maximize the use of existin~ facilities and discoura~e urban sprawl.

Policy 6.1.1: Per Section 163.3202(1), FS, the City shall continue to implement the Capital Improvement Pro rg am (CIP to provide potable water service within the uninco or ~t rated Urban Development Areas, as establish by the Future Land Use Element.

Policv 6.1.2: The Citv shall coordinate and undate the Citv's adotited 10-Year Water Sunnlv Plan consistent with the applicable Water Mana~ement District's Regional Water Su pply Plans withl8 months of the update of the Regional Water Supply Plan and the policies of this Comprehensive Plan in order to maYimize the use of existin g facilities and brovide for future needs.

Policy 6.1.3: All improvements of e~stin~ potable water svstem, expansion, replacement, ar increase in capacity shall be completed in accordance to the 10-year Water Sup~ly Plan and shall meet or exceed established LOS standards.

Policy 6.1.4 The City shall evaluate on a re~ular basis the effectiveness of the Polk County Water and Wastewater Master Plans for each reQional utility service area and if necessar~ amend the 10-year Water Su~ply Plan.

19 of 22

ATTACHMENT "A"

,. ~, Polic~_6.1.5: As part of the process for implementing new developments developers shall be

required to identifv and use alternative water sources to meet irri~ation and aesthetic needs that are consistent with the Land Development Re~ulations, and the rules and recommendations of the Southwest Florida Water Management District, and the Central Florida Coordination Area. These master svstems shall be dedicated to the City in accordance with the Land Development Regulations.

Policy 6.1.6: Reuse or Reclaimed water (treated/rec ycled) distribution sYstem shall be incorporated in the design of all new wastewater tr.eatment svstems and, as feasible in anX existin~plant capacitv u~ ra~des.

OBJECTIVE 6.2: Citv of Davenport shall implement adopted regulations consistent with the adopted LOS for potable water facilitv management in accordance with Section 1633202(1), FS

Policv 6.2.1: All improvements of existin~potable water svstem, expansion, replacement, or increase in capacitv shall be completed in accordance to the 10-year Water Supplv Plan and shall meet or exceed established LOS standards.

OBJECTIVE 63 City of Davenport shall preserve existing water supp~lies (potable industrial and a~,ricultural) to meet the demands for future ~rowth.

~' Policy 63.1: The Citv of Davenport shall continue to coordinate with the water mana~ement `" districts to establish and assess e~stin~ water su~plies.

Policv 6.3.2: As part of the 10-Year Water Sunnlv Plan. the Citv shall adont and imnlement in coordination with the water mana~ements districts and DEP, programs which incorporate strate~ies and techniques to implement water conservation, reclaimed water reuse, and any other activit~quivalent to a consum ption rate goal of 120 ~allons per capita per da~ ~~ vear 2020 with the intent of reducin~ the need for additional demand on the hvdrolo~ical s s1~

Policy 6.33: The Citv, as part of the 10-Year Water Supplv Plan, shall develop and implement a program to implement the use of properly treated wastewater (reclaimed~or a~ricultural and residential irri~ation industrial coolant, and other activities which do not require the use of potable water in all of its utilities service areas.

Policy 6.3.4: The City shall continue to develop and implement educational programs to promote the value of potable water sources and the importance of conservation of water usa~e in order to protect and preserve notable water resources.

Policy 63.5: Priar to the approval of development by the City of Davenport on an~parcel, the owner of said parcel shall transfer the consumptive use permits and/or water use permits to the City for all wells located on said parcel."

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20 of 22

ATTACHMENT "A"

,, OBJECTIVE 6.4: Citv of Davenport shall implement a development review process to insure , that development occurs where public facilities have sufficient capacity to serve existing

population and the needs of the development based on level-of-service standards as established bv the Land Development Regulations and adopted in accordance with Section 1633202~11, F.S.

Policy 6.4.1: City of Davenport shall require the use of alternative water sources to increase the available resources that are consistent with the Land Development Regulations and the rules and recommendations of the Southwest Florida Water Management District and the Central Florida Coordination Area.

OBJECTIVE 6.5: City of Davenport shall continue to implement water conservation and reuse pro~ram for develo pment and redevelopment in accordance with Water Mana~ement districts.

Policy 6.5.1: Citv of Davenport shall provide for enforcement of water use restrictions declared by applicable water mana~ement districts during district-declared water shortages.

Policy 6.5.2: City of Davenport shall develop and implement water conservation techniques to minimize use or conserve more water. Connection to reclaimed water and planting of drou~ht tolerant and Florida-friendl~plants shall be required when available and feasible.

Policy 6.5.3: Citv of Davenport development regulations shall include landscaping , requirements for residential, commercial and industrial development that stress water

' conversation techniques such as Florida-friendly landscaping or use of drou~ht-tolerant ~

native ve et~ ation•

Policy 6.5.4: As part of the Citv's 10-year Water Supplv Plan, potable water conservation measures shall be established in the Land Development Regulations consistent with the rules and recommendations of the SWFWMD and other members of the Central Florida Coordination Area, to include:

a. reclaimed and non-potable water systems, if available:

i. To facilitate the use of reclaimed water in new developments, master reclaimed or non-potable water distribution systems shall be installed durin~ the construction of the development in accordance with the Land Development Regulations.

ii. As part of the brocess for imt~lementin~ new develonments, develoners shall be required to identify and use alternative water sources to meet irri~ation and aesthetic needs for the proposed development, as required in the Land Development Regulations. Such master svstems shall be dedicated to the City in accordance with the Land Development Regulations.

,, b. requiring low-water demand for landscapin~;

~

21 of 22

ATTACHMENT "A"

~' c. requirin~ low-volume plumbin~ fixtures as outlined by State Law~

d. maintaining and implementing a water-conservation educational pro r~am•

e. re uirin development to be consistent with the Southern Water Use Caution Area (SWUCA);

f. Implementin~ a water conservation pro r~am•

g. implementin~ conservation rate structures desi~ned to ~romote water conservation by all customer types;

h. adoption of waterin~? restrictions and requirement that reclaimed (non-potable~ water be used by all custoiners when macle a~ailable bv the water utilit~ and

i. enforcement of water restrictions bv customers, monitoring of excessive water uses and other active measures to ensure that water is conserved and non compliance is corrected.

Policy 6.5.5: Citv of Davenport shall coordinate with applicable local ~overnments water mana~ement districts, the Fish and Wildlife Commission, and other state and local agencies to

, identifv and protect unique environmental resources.

~

OJBECTIVE 6.6: Citv of Davenport shall establish and implement mechanisms to ensure uniform and timely coordination of plannin~ and development issues with adjacent municipalities, Polk County, the School Board, independent special districts and other governmental entities.

Policv 6.6.1: The Citv of Davenbort will identifv and describe joint processes for collaborative planning on population projections, school sitin~, facilities subject to concurrency facilities with coun ide si~nificance, the potential for sharing facilities, the 10-vear water supply plan unwanted land uses, and other issues of mutual concern.

OBJECTNE 6.7: Ci _ty of Davenport shall plan for and provide needed capital facilities that are within the fiscal capability of the City through the annual adoption of a Capital Investment Program CIP~

Policy 6.7.1: City of Davenport shall provide needed capital improvements for water and sewer facilities as referenced within the Capital Improvement Plan of the Update to the Utility Master Plans adopted or as modified bv the City Council through the annual budget and Capital Improvement Plan ado ption process. Any modifications to the "Water and Wastewater Master Plan Update", the 10-Year Water Supply Plan, or the eg o~raphic service areas to be serviced by water andlor sewer that will eliminate, defer, or modifv fundin~ or

,_, placement of improvements shall be implemented through Goals, Objectives and Policies of

~ the Comprehensive Plan.

22 of 22

,. INTERLOCAL AGREEMENT BETWEEN

~ . THE CITY OF DAVENPORT, FLORIDA AND THE POLK COUNTY BOARD OF

COUNTY COMMISSIONERS REGARDING CO-LOCATION OF A POLK COUNTY FIRE RESCUE ENGINE COMPANY IN THE EXISTING CITY OF DAVENPORT FIRE

STATION

THIS INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement") is made and entered by and between the City of Davenport, Florida, (hereinafter referred to as "Davenport") and Polk County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "Polk County").

RECITALS:

WHEREAS, the Florida Interlocal Cooperation Act of 1969, s. 163.01, Fla.Stat., permits local governments to make the most efficient use of their powers enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner that will accord best with the needs and developments of local communities; and

WHEREAS, Davenport and Polk County have established and currently maintain Fire Departments or Divisions with firefighting equipment, emergency medical equipment and firefighting personnel; and

'~ WHEREAS, all parties recognize that such services benefit the citizenry at large; and ~

WHEREAS, the parties deem it desirable that an agreement be entered into for their mutual benefit which would provide for the joint location of a Polk County Fire Rescue engine and staff to be housed in the existing Davenport fire station located at 112 W. Palmetto Street, Davenport, Florida.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration provided to each party hereto, the parties agree as follows:

l. RECITALS: The above recitals are true and correct and incorporated herein.

2. TERM. The term of this Agreement shall be for five years from the date of execution by the last party. Unless cancelled in writing by either party, this Agreement will automatically renew for additional five year terms at no additional costs to either party.

3. TERMINATION OF AGREEMENT.

a. This Agreement may be terminated as follows: 1. Unilateral termination:

,.

~~

This Agreement may be terminated by Polk County without cause, at any time after the completion of the remodeling specified herein by giving to Davenport a One

~~ Hundred Eighty Day (180) written notice. This Agreement may be terminated by Davenport, without cause, after the completion of the initial five year period, by giving Polk County a One Hundred Eighty (180) Days written notice.

If this Agreement is terminated by Davenport, without cause z prior to the expiration of the initial five year term, then Davenport shall reimburse Polk County in accordance to the following scale:

a. If terminated by Davenport prior to the end of the third year of this Agreement, Davenport shall reimburse Polk County for 100% (100 percent) of the cost for the remodeling.

b. If terminated by Davenport prior to the end of the fourth year of this Agreement, Davenport shall reimburse Polk County for 66% (Sixty-Six percent) of the cost for the remodeling.

c. If terminated by Davenport prior to the end of the fifth year of this Agreement, Davenport shall reimburse Polk County for 33% (Thirty-Three percent) of the cost for the remodeling.

2. Termination for default:

`' Except as otherwise provided in this Agreement, if either party gives written notice to the other party that such other party has materially breached or defaulted in the performance of any obligations herein, and such default shall not have been cured within thirty (30) days following the giving of such notice, the party giving notice shall have the right to immediately terminate this Agreement and any renewal Agreement thereto.

4. , RESPONSIBILITIES:

a. Polk County shall, through its Fire Rescue Division, provide the funding necessary for the remodeling of the existing Davenport fire station, in a manner that is agreed to, in writing, by both elected Commissions. The remodeling is necessary to house the additional personnel and equipment that Polk County will place in the Davenport station. If plans are not approved by both elected Commissions within 180 days of the last party executing this Agreement then this Agreement shall automatically terminate. If this Agreement is terminated for failure of the parties to agree to remodeling plans, then Davenport shall reimburse Polk County for one-half of the costs of the initial remodeling plans.

b. Once the Polk County Fire Rescue personnel are housed or County operations commence, whichever occurs earlier, at the Davenport Fire Station, Polk County shall share the costs of utilities 1 routine maintenance and upkeep, and all subsequent improvements fhat are approved in writin~y the Polk County Fire Chief for the station with Davenport on a 50/50 basis for as long as this Agreement and any other renewal Agreement remain in effect.

2

`` c. Davenport will provide adequate space in the remodeled fire station to house a typical Polk County engine, up to four (4) personnel and storage for normal operational items.

5. AUTOMATIC AID AGREEMENT. Polk County and Davenport shall enter into a separate Automatic Aid Agreement upon completion of the remodeling project and co- location into the Davenport station. The Agreement will define joint emergency responses by both entities to the satisfaction of both entities. The Agreement shall apply only to emergencies existing within the areas of protection of Davenport and unincorporated Polk County not to exceed two miles from the corporate city limits of Davenport.

6. NOTICES: All notices, correspondence, reports and other communications regarding this Agreement shall only l~e submitted to the following contacts for each party:

COLTNTY: Fire Chief Polk County Fire Services Post Office Box 1458 Bartow, Florida 33831

CITY: City Manager City of Davenport 1 South Allapaha Avenue

^ Davenport, Florida 33836

SOVEREIGN IMMUNITY AND EMPLOYMENT STATUS.

a. Nothing herein shall be deemed a waiver, express or implied, of either parties' sovereign immunity or an increase in the limits of liability pursuant to Section 768.28, Florida Statutes, regardless of whether any such obligations are based in tort, contract, statute, strict liability, and negligence, product liability or otherwise. Nothing herein shall be construed as consent by either party to be sued by third parties in any matter arising out of any contract.

b. No party hereto or its respective officers or employees shall assume any liability for the acts, omissions, or negligence of the other party or its respective officers or employees.

c. All of the respective privileges and immunities from liability,. exemptions from laws, ordinances, and rules, and all pensions and relief, disability, worker's compensation, and other benefits, as held by each party, respectively, shall be unaffected by this Agreement.

d. All costs associated with the compensation and benefits for personnel shall be borne by the party employing said personnel unless otherwise agreed upon in an amendment to this Agreement, which is reduced to writing and executed between the parties.

,- e. Persons employed by the City ar County, in the performance of services ~ and functions pursuant to this Agreement, shall have no claim on the other party to this

Agreement for pension, worker's compensation, unemployment compensation, civil service, or any other employee rights or privileges granted by operation of law or otherwise to officers and employees of the other party to this Agreement.

f. All of the respective privileges and immunities from liability, exemptions from laws, ordinances, and rules, and all pensions and relief, disability, worker's compensation, and other benefits, as held by each party, respectively, shall be unaffected by this Agreement.

8. GENERAL PROVISIONS.

a. Waiver: Failure of the parties to enforce any right hereunder shall not - be deemed a waiver of such right. No covenant, condition, or provision of this Agreement can

be waived except with both parties written consent. Any such waiver by the parties in one instance shall not constitute a waiver of subsequent default, unless it specifically states in the written consent.

b. Modification: This Agreement may not be modified in any way, unless such modification is in the form of a written amendment properly executed by all parties to this Agreement.

c. Governing Law and Venue: This Agreement shall be governed and ~+ interpreted under the laws of the State of Florida. Each of the parties hereto hereby irrevocably ` (i) agrees that any suit, action or other legal proceeding against any of them arising with respect

to this Agreement shall be brought in the state courts of Polk County, State of Florida, in the l Otn Judicial Circuit; and (ii) waives any and all objections any of them might otherwise now or hereafter have to the laying of venue of any such suit, action or proceeding in any of the courts referred to in this Section, or to service of any writ, summons or other legal process in accardance with applicable law.

d. Enforcement: In the event either party incurs legal expenses or costs to enforce the terms of this Agreement, the prevailing party in any arbitration or legal proceeding hereunder shall be entitled to recover the costs such action so incurred, including, reasonable attomey's fees.

e. Severability: If any term, covenant, or condition of this Agreement or the application thereof to any person or circumstances shall to any extent, be deemed lawfully invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, and condition of this Agreement shall be valid and enforced to the fullest extent permitted by law.

f. Integration: The Parties agree that this Agreement sets forth the entire

` ~ 4

, , agreement between the parties and that there are no promises or understandings other than those

~ stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the parties pertaining to the lease of the above described property, whether written or oral.

g. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other.

h. Headings: The captions and headings contained in this Agreement are for convenience only and shall not be considered in the construction or interpretation of any provision hereof.

i. R~~ording: All parties shall record a duly executed copy of this - Agreement in the official records of Polk County and Davenport.

j. Independence of Parties: This Agreement is not intended and shall not be construed in a way so as to deprive any party of the jurisdictional powers vested in said party nor is it the intention of the parties to combine their individual departments into a single department in order to provide the services encompassed by this Agreement. In addition it is the intent of this Agreement that the parties shall at all times act as independent governmental entities.

`~ IN WITNESS WHEREOF, the parties hereto have caused the execution of this `' Agreement by their duly authorized officers on the dates indicated below.

REMAIDER OF PAGE INTENTIONALLY LEFT BLANK WITH THE AGREEMENT CONTINUING WITH THE SIGNATURE PAGE

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~ , BOARD OF COUNTY COMMISSIONERS POLK COUNTY, FLORIDA

ATTEST:

RICHARD M. WEISS, Clerk

By: By: Deputy Clerk

Edwin V. Smith, Chairman

Date:

Approved as to form and legal sufficiency

Polk County Attorney's Office

CITY OF DAVENPORT, FLORIDA ATTEST:

By: City Clerk

~

By: Mayor

Date:

Approved as to form and legal sufficiency

City Attorney

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