TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: A Resolution of the City Commission of the City of North Port, Florida, Accepting the Transfer of Water and Wastewater Infrastructure and Improvements and Associated Warranties in Manasota Beach Ranchlands Plat No. 1; Providing for Incorporation of Recitals; Providing for Filing of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
Recommended Action
Option 1: Approve Resolution No. 2026-R-32.
City Commission Options
Option 1: Approve Resolution No. 2026-R-32.
• Pros: Accepting the infrastructure fulfills the City’s obligation under the executed Developer Agreement. This will formally transfer ownership, along with warranties, ensuring legal and operational clarity. Will provide operational control of new utility assets, supporting long-term system reliability and planned growth in the service area. Will allow for continued progress of development and associated economic activity.
• Cons: Commits the City to long-term maintenance and replacement costs once warranties expire. Acceptance could be perceived as facilitating more development activities by some community members.
Option 2: Deny Resolution No. 2026-R-32.
• Pros: The delay or denial of the acceptance of infrastructure would lessen operational expenses related to this specific infrastructure.
• Cons: This would place the City in breach of the Developer Agreement. This could expose the City to legal disputes, financial damages, or delays in service connections in this development. This would undermine confidence with developers and stakeholders regarding City commitments. The City would not be able to effectively manage the essential infrastructure for the public water and wastewater system.
Background Information
Section 78-31 of the Code of the City of North Port, Florida, requires developers to provide or pay the capital costs, including land costs, of the required capital improvements for utility infrastructure associated with new developments. Section 5.3 of the Amended and Restated Utilities Agreement with West Villages Improvement District dated February 27, 2007, outlines the requirements for the design, review, construction, inspection and conveyance of water and wastewater facilities for this development The Agreement also outlines the City’s responsibility to accept ownership of the infrastructure once improvements are completed, in accordance with approved plans.
For Manasota Beach Ranchlands Plat No. 1, the Developer has constructed the required water and wastewater infrastructure, dedicated the necessary easements, and provided warranties to the City. The improvements have been inspected and approved by the Utilities Department. Under the executed Developer Agreement, the City is required to accept ownership of the completed infrastructure. Per section 5.6 of the Developer Agreement, the installations have a minimum one-year warranty for the date of acceptance by the City. The attached Resolution formalizes this transfer and authorizes recordation into public records for a clear identification of legal ownership.
Resolution No. 2026-R-32 has been reviewed by the City Attorney and is legally correct as to form.
Resolution No. 2026-R-32 has been provided to the City Clerk’s Office on May 18, 2026, for signatures, subject to City Commission approval.
Strategic Plan
Infrastructure & Facilities Integrity
Financial Impact
Valuation of assets transferred to the City of North Port in the amount of $88,333.75 as reflected in Exhibit A are applied to infrastructure asset account 420-0000-164.00-00. Long term maintenance and replacement costs are incorporated into the utility revenue fund.
Procurement
Not applicable.
Attachments:
1. Resolution No. 2026-R-32
2. Amended and Restated Utilities Agreement
Prepared by: Michelle Tipp, Utilities Senior Business Manager
Department Director: Tricia Wisner, Utilities Director