Palm Coast Plantation Homeowners Association Files Lawsuit against City of Palm Coast
Association alleges City’s requirement that PCP property owners sign annexation agreements in order to receive water and waste water services violates a court approved Settlement Agreement
Palm Coast, FL – August 14, 2010 – Attorneys representing Palm Coast Plantation Homeowner’s Association, Inc. filed a Petition/Complaint against the City of Palm Coast yeaterday in Flagler County Circuit Court. The Association asserts that the City of Palm Coast is in violation of a Court approved Settlement Agreement the City entered into in 2007 by requiring that Palm Coast Plantation property owners sign annexation agreements in order to receive water and waste water services.
When Palm Coast Plantation was developed as a private gated community, water and waste water services were provided by Florida Water Services Corporation, a private company. The same company provided services to the City of Palm Coast. Subsequently, the City of Palm Coast purchased Florida Water Services Corporation, inheriting the agreement with the Palm Coast Plantation developer to provide services to that community.
The city’s entry into the water and wastewater services business precipitated what is now referred to as "the water war" with competing jurisdictions fighting over water service area rights. The water war ended with a court approved Settlement Agreement in 2007 between the City of Palm Coast, Flagler County, City of Flagler Beach, and Hammock Beach River Club Property Owners’ Association (Ginn’s Gardens development along John Anderson).
The Agreement stipulates that the City of Palm Coast would not require residents in a defined area outside the city to sign annexation agreements with the city prior to receiving water and waste water services. Palm Coast Plantation is clearly within the defined excluded area. Palm Coast amended its code to conform to the agreement. However a map associated with the code amendment fails to include Palm Coast Plantation within the excluded area. Palm Coast continues to require Palm Coast Plantation property owners to sign annexation agreements. Their association is fighting back. Palm Coast Plantation residents do not want to join the city.
Water Wars
Jim landon says, if you don’t pay you don’t play. You can always drink sand. After all I need your money to pay my $250,000. annual compensation. I’m only interested building an Empire so that I can further justify my ripping off of all Palm Coast Residents.
John Boy
I generally disagree with everything John Boy writes, but this time is different. Landon has been blatantly strong arming people for a while now.
City Water Monopoly
Nothing new here, When the City sent their Heavy Handed Brusier to the Grand Haven CDD meeting, the CDD caved under threats of condemnation and confiscation of the Grand Haven water system using eminent domain and aprolonged court battle which resulted in an increase of 25 % in water charges over what they should be. It’s Government being Government. Bigger is not better, Government running business ventures is not the right answer
Palm Coast Plantation Homeowners Association Files
If they hurry up, maybe they can sign a WIN/WIN agreement with Flagler Beach just like the one our outgoing interim-city manager signed with Ginn. We taxpayers in FB don’t mind helping out our neighbors one little bit. s/off