Property Owners denied vote to consent to the Sewer Expansion Project

F.C. Art. VIII Section 4 [transfer of powers]
F.S. 171

As authors of the 1992 Interlocal Agreement (ILA) both City and County knew the vote was a necessary precondition.

City of Crystal River lacked jurisdiction to pass its matching funds liability onto the County Property Owners

F.S. 381.00655 (2)(a)

When City accepted Associated Loan WW58316 on 08/11/04

Preliminary Assessment made arbitrarily before works completed.

F.S. 153.05(6)
Florida Supreme Court 695 So 2d 677

Impugns CC_BOCC letters (noted Sheet 2) rendering the process and any Special Assessments unlawful.

At the 15 August 2012 meeting the County Attorney deliberately obscured the 2008 Interlocal Service Boundary Agreement (ISBA) from the Property Owners' representative.

F.S. 286

Covered up Special Benefit accruing to third parties without their sharing in the costs.

The City claims $3425 Expansion Fee has to be paid before connecting to the sewer.

The Florida Categorical Exclusion Notice of 15 Nov, 2002, avers the Project load can be processed by the existing capacity of the CR wastewater treatment plant.

A 2007 Burton and Associates rate study falsely declares an expansion of the capacity of the CR wastewater treatment plant by 1mgd to be necessary.

Both the City and BOCC deny Property Owners a Service Contract with the City as the third party sewer service provider.

F.S.381.00655(1)(a)

The City demands payment of an expansion fee before fitting a valve assembly vital to complete the sewer service to enable compliance with the statute.

The City's representative made a false declaration on the permit application to lay the sewer pipework in Area 114.

F.A.C. 62-330.453

Certified no aqueous crossings.

1. Property Owners of the Service Area denied their rights to vote.

1. County Resolution 225-2011 is both arbitrary and capricious in its demand that Property Owners pay all project costs.

2. The FDEP contracts with the City of Crystal River are: SG583140, WW58316S, WW090200 and WW090210.

3. Interlocal Agreements between City and Citrus County(ILA) are: ILA_1992, ILA_1997, ILA_ISBA_2008, and ILA_2009.

4. These contracts and amendments provide non-refundable state funding of 85% of approved Project invoices, plus a 15% twenty year Associated Loan repayable by the City at a beneficial low rate of interest, however, City demands to be repaid by Property Owners over a reduced time period at a usurious higher rate of interest.

1. The invalidated letters from Citrus County BOCC are those dated, May 4 2011, Oct 3 2011, Jun 6 2011, Mar 30 2012, Jun 29 2012, Aug 15 2012, and Oct 19 2012.

1. Later research in 2013 revealed the ISBA to provide for the phased annexation of the Plantation Inn properties into Crystal River City, whereby the City's tax base was enhanced, the resort hotel did not go into bankruptcy to the benefit of Citrus County, and the owners of the Plantation Inn properties could profit from development of the former Kimberly Plantation Estates without a hearing.

2. Thus enabling commercial advantage to accrue to those not sharing in the costs of providing sewer service.

3. The ISBA carries the text “negotiation and accord was reached” but details of the negotiation and accord are not given.

4. Also the Area 113 was arbitrarily extended on a GIS map dated 23 November 2010, along CR 44W to run a sewer line alongside what was previously described as Kimberly Plantation Estates Tract 4, now known as Lagoons Golf Course (9 holes). The needless duplication of sewer mains increased Project costs and also the burden of cost upon Property Owners, as well as misapplying public funds beyond the limits originally planned and authorized by the Florida Categorical Exclusion Notice dated 15 November 2002.

5. That area 113 Construction Drawings (P1 of 44) omits the arbitrary extension to Area 113 suggests that the sole reason was to facilitate development of former Kimberley Plantation Estates and induce owners of Plantation Inn properties to abandon Bankruptcy proceedings granting benefit to parties beyond the scope of the FDEP funded Project.

6. Benefiting third parties would not only increase the 15% burden on Property Owners it creates a misuse of the 85% State's subvention.

1. The cost of a valve assembly is 85% funded by FDEP and15 % by City's match (or by the Property Owners), (at no cost to the City or the County). For the Property Owner to be forced under threat of lien to pay $3425 for even one hour of City labor seems an unwarranted extortion.

2. The Burton and Assoc. 2007 Rate Study falsely predicated need to expand capacity by 1mgd (after City had sold several ERU of capacity to an out of state property owner to be assured of potential development of the Crystal River Commons property).

1. Negotiation of a Contract of Service could provide a vehicle to repair the anomalies arising over the years including denial of Property Owners their legal right of consent, their being over-burdened financially and for future expenses, while the City fails to safeguard sovereign waterways (put forward unjustly as reason for the sewer expansion).

2. The City intends to recover all operating costs from Property Owners without restraint without a Contract of Sewer Service.

1. Currently under discussion with FDEP to determine the status of the permits which affect water quality of the OFW.

2. It is not known how to protect spring conduits during construction and for life time operations of the sewer system, or even how to precisely locate a crossing site. Survey of spring conduits with ground penetrating RADAR (GPR) or a microgravity survey may be necessary.

3. Breathing space is necessary in which to resolve the issues.

4. In that breathing space the question as to whether sufficient Saw Tooth features according to AIRVAC standards are included in construction drawings to provide guaranty of vacuum differential to the furthermost valve pits from the the Vacuum Pump Stations in the systems serving segments of the Service Area known as areas 112,113 and 114.

5. It would be so easy to collapse a spring conduit by precipitating changes in its porosity and permeability with clumsy use of a mechanical digger.