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Brooksville council postpones Majestic Oaks utility decision, seeks legal 'hold harmless' for extra capacity
Summary
After extended debate about wastewater capacity and developer entitlements, Brooksville city council voted to continue the Majestic Oaks utility service agreement and directed staff to draft a hold‑harmless agreement before approving ERUs beyond the currently approved amount.
The City of Brooksville city council on April 7 voted to continue consideration of a utility service agreement (USA) for the Majestic Oaks development and asked staff and the city attorney to draft an enforceable hold‑harmless clause before approving additional wastewater capacity.
Council members raised concerns about whether the city should commit now to the larger number of equivalent residential units (ERUs) the developer says it is entitled to under zoning. Several council members said they did not want the city to be exposed to a lawsuit if the city later could not deliver the wastewater capacity the developer expects.
During discussion council members said the council previously approved a smaller allocation tied to an earlier agreement (referred to at the meeting as 687 ERUs). Staff and legal counsel confirmed the developer holds zoning entitlements for up to 900 units, but the city is not legally required to grant service for the higher number at this time. Becky, identified in the meeting as the city attorney, told council, “No. We don't have to give them the 900 now.”
Councilmembers also described the risk that if the city later lacks capacity the developer could threaten litigation; several members asked for contract language that would bar legal recourse if the city cannot provide additional service in the future. Staff said the city had gone to bid and is working with the Southwest Florida water authority (Swiftmud was referenced) to present hydrology and watershed analyses for the Powell Road area.
Council received multiple explanations of phasing options and how commercial ERUs might be converted to residential ERUs for the utility accounting; at one point staff said combining the previously approved residential allocation and the commercial allowance would equate to roughly 762 residential ERUs. One council member declared a financial conflict and said they would not vote on the matter.
Action: A motion to continue the item to the next regular meeting and direct staff and the city attorney to draft a hold‑harmless agreement for any ERUs beyond the city's current commitment passed (motion to continue: passed 4–0). The council directed staff to return the item with the proposed hold‑harmless language for review.
The continuance means council will revisit the Majestic Oaks USA at a future meeting with the requested legal language and additional hydrology and phasing details, rather than approving a change in committed ERUs tonight.
