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HomeMy WebLinkAboutVII (B) Discussion/ Action re Lake Johio Drain Well Agenda 5-18-99 Item VII B FOLEY & LARDNER ATTORNEYS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377.0460 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney, C� Mary A. Doty, Esq.', Assistant City Attorney DATE: May 14, 1999 RE: Lake Johio Drain Well: Connection of Flora Estates to City Water System ISSUE: Should the City extend water lines to Flora Estates, allow the connection_of Flora Estates residents to the City water supply without requiring annexation and without obtaining a release from future claims? Should the City assume maintenance and operational responsibility over the Lake Johio drain well? BACKGROUND: In March of 1998 the residents of the Flora Estates subdivision began experiencing interruptions with their private wells, the source of their drinking water. The 37 home subdivision is located in unincorporated Orange County and lies east of Johio Shores road between New Victor Road and Old Silver Star Road. The streets within the subdivision are Mauldin Road, Florence Street, Ashville Street and Lake Street. Attached as Exhibit "A" is a map of the area. The problems experienced by the residents included air pockets, discoloration, odor, and in some cases, complete outage of their drinking water supply. The residents attributed the problems to the existence of a drain well located within the Johio Shores Road right-of-way directly west of the subdivision which was installed by Orange County in 1960 for the purpose of controlling water levels in Lake Johio. Orange County received a permit for the drain well from the Florida Department'of Air and Water Pollution Control. The Florida Department of Environmental Protection ("DEP") is now the agency with jurisdiction over the well. When their problems began, the Flora Estates residents contacted DEP and 006.121608.1 ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER'.OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART MEMORANDUM The Honorable Mayor and City Commissioners of the City of Ocoee May 14, 1999. Page 2 were told that their complaints should be directed to the governmental entity with responsibility for the well. The City and the County were also contacted and Orange County began supplying bottled water to the residents. At that time, neither the City nor the County accepted responsibility for the drain well and the DEP appeared to be indicating that both local governments should solve the problem. Although the original permit for the Lake Johio drain well has never been formally transferred from Orange County to the City and the City has never accepted the maintenance and operational responsibilities for the drain well, Orange County contended that the City's annexation of Johio Shores Road in 1987 constituted an acceptance of the drain well. The County further asserted that in April 1987 it sent a letter to the City transferring road maintenance responsibilities for Johio Shores Road. See Exhibit "B." On October 27, 1989, the City sent a letter to the County advising the County that it did not wish to take over maintenance of the drain well. See Exhibit "C." On November 9, 1989 the County sent another letter to the City of Ocoee regarding the Lake Johio drain well. In this letter the County states that it is transferring the maintenance responsibility of the drain well to the City. See Exhibit "D_" It appears that the City did not make a written response to this letter and no formal transfer of the permit consistent with DEP rules was ever accomplished. Until April 1998 the City did not perform any maintenance or take any responsibility for the operation of the drain well. On April 9, 1998, in response to Flora Estates residents' complaints about the interruption of their drinking water supply, and in the interest of public health, safety, and welfare, the City acted to temporarily close the drain well.. After consulting with the City Attorney, this action was taken by the City Manager and City staff in order to address the complaints of the Flora Estates residents and to mitigate potential damage claims against the City. At the time, we were researching the factual and legal issues and there existed some uncertainty as to the ultimate legal responsibility for the drain well. Within six weeks most of the Flora Estates residents complaining of problems with their drinking wells returned to normal drinking water supply. On April 14, 1998, eleven Flora Estates residents filed a complaint for declaratory judgment against Orange County and the City, seeking a determination as to which governmental entity was responsible for the drain well. A copy of the Complaint is attached hereto as Exhibit "E." There was no claim for damages set forth in the complaint, although it could have been amended at any time to add- such a claim._ The City's liability insurance carrier denied coverage, there being no claim for damages. See Exhibit "F." Both the City and the County moved to dismiss the action for failure to state a cause of action but the 006.121608.1 MEMORANDUM The Honorable Mayor and City Commissioners of the City of Ocoee May 14, 1999 Page 3 motions were not immediately set for hearing'. Instead the City and County staffs began to work together to fmd a solution. The issue was complicated by the fact that Flora Estates is located within the City water service territory and that City policy required annexation in order to receive City water. Although Flora Estates is adjacent to City boundaries, the residents were unwilling to annex into the City. At this, time the City hired Devo Seereeram, a Professional Geotechnical Engineer, to assess the potential impacts of closing the drain well. Mr. Seereeram concluded that the continued operation of the drain well is necessary to maintain lake levels in Lake Johio. He also concluded that the drain well began flowing in early 1998 due to unusually heavy rainfall experienced at that time and that it appeared that it had been several years since the level of Lake Johio had been high enough to cause the drain well to flow. Through the summer of 1998 the City and County met several times to discuss a solution. This coincided with the rainy season and with the drain well temporarily closed the water level in Lake Johio began to rise. In mid-August the City began to receive calls from Ocoee residents living on Lake Johio, complaining about the high water level. In late August the City and County staffs drafted a settlement proposal subject to approval by their respective commissions. The settlement proposal included an agreement by the City to extend its municipal water lines to and through Flora Estates and that Orange County would pay all capital costs for the residents'to connect to the City water supply. All Flora Estates residents were to be charged the standard non-Ocoee resident rate for their water and both the City and County would require as a condition of the settlement that the plaintiffs release the City and County from any liability related to the drain well. As part of the proposal, the County would also transfer the permit to the drain well to the City and the City would undertake future maintenance and responsibility. During this time Lake Johio continued to rise and Central Florida was experiencing severe weather related to various hurricanes offshore in the Gulf of Mexico. On August 27, 1998, Orange County contacted DEP regarding reopening the drain well. DEP responded in writing, the letter attached as Exhibit "G." DEP's position was that as long as the flooding around Lake Johio was not impacting habitable structures, the risk of affecting the drinking water supply of the Flora Estates residents was too high to justify reopening the drain well. More severe weather threatened over the Labor Day holiday weekend. The letter On July 31, 1998, the Plaintiffs voluntarily amended their complaint in response to the Motions to Dismiss. The Amended Complaint varied little,from the original complaint and Orange County and the City again moved to dismiss for failure to state a cause of action. 006.121608.1 MEMORANDUM The Honorable Mayor and City Commissioners of the City of Ocoee May 14, 1999 Page 4 attached as Exhibit "H" was sent to the County regarding the City's intent to reopen the well in case of an emergency. The City received the letter attached as Exhibit "I" in response. Again, the County took the position that the well was the City's responsibility and refused to reopen it. The severe weather that threatened over the Labor Day weekend, however, did not materialize so the water level in Lake Johio remained at status quo. The Ocoee City Commission held a Special Session on September 1, 1998 to discuss the proposed settlement. The Commission endorsed the proposal and directed legal staff to finalize it. A Stipulated Settlement Agreement acceptable to both Orange County and the City was then prepared and sent to Plaintiffs' counsel. The Agreement was approved by both the City and Orange County at their respective September 15, 1998 commission meetings. As of September 15 no definitive response had been received to the Agreement. On September 17, 1998 the City sent the letter attached as Exhibit "J" to the County. Bad weather threatened again and the City was concerned about an emergency situation occurring. The purpose of the letter was to secure a commitment from Orange County that it would continue to supply bottled water to the Flora Estates residents should the City fmd it necessary to reopen the drain well. The County assured the City that it would continue to supply bottled water. Although no formal response to the Agreement was received, discussions with counsel indicated that the Plaintiffs were adverse to signing a release and objected to being charged a surcharge as non-residents of Ocoee. Plaintiffs' counsel advised that the Plaintiffs were to meet on September 21, 1998 to discuss the Agreement and that we would receive a response the next day. In anticipation of an agreement the City and County scheduled a meeting with DEP for September 24, 1998. Prior to the meeting, however, Central Florida was threatened with another storm, Hurricane Georges, and the letter attached as Exhibit "K" was sent to DEP in anticipation of another weather emergency. On September 23, 1998, the City sent the letter attached as Exhibit "L" to DEP advising them that the City found it necessary to immediately drill bleed down holes in the drain well. The notice attached as Exhibit "M" was also hand delivered to the Flora Estates residents by the City, advising them of the City's action. At this time the City still had not received a response to the Settlement Agreement from Plaintiffs' counsel. At the meeting with DEP on September 24, 1998, DEP supported the efforts of the City and County to reach.a resolution of the issues and authorized a complete reopening of the drain well. Present at the meeting on behalf of DEP were Vivian Garfein, the District Director, and Duane Watroba. Ms. Garfein recognized that continued drain well function is the only feasible•method to control the water level of Lake Johio. She also stressed, however, that a safe drinking water supply to the residents of Flora Estates was DEP's primary concern. She supported reopening the well, stating that with the threat of a 006.121608.1 MEMORANDUM The Honorable Mayor and City Commissioners of the City of Ocoee May 14, 1999 Page 5 hurricane "there was no other choice." Ms. Garfein also directed the DEP staff to "fast- track" any City application for a DEP permit necessary to extend the water lines. Still having received no response, the City sent the letter attached as Exhibit "N" to Plaintiffs' counsel on October 2, 1998. On October 7, 1998, the City fmally received the response attached as Exhibit "O." In response to the October 7, 1998 letter the City and County held a neighborhood meeting on October 21, 1998. At the meeting City and County staff answered questions from the Plaintiffs as well as the remainder of the Flora Estates residents about the drain well and the City and the County indicated that if enough of the Flora Estates residents wished to connect to a City water supply, the City and County would consider extending municipal water lines to the Flora Estates subdivision regardless of whether a settlement agreement was reached with the eleven Plaintiffs. Some attendees complained that inadequate notice was given for the meeting so the City and County elected to hold a second neighborhood meeting on November 6, 1998. In between the two meetings the County sent the letter attached as Exhibit "P" to the Flora Estates residents asking whether they had an interest in connecting to the City water supply. Of the 25 responses received, only one resident indicated that he did not want to hook up to City water. On November 19, 1998 Judge Kirkwood heard the motions to dismiss which he granted in favor of the City and the County. Although Judge Kirkwood gave the Plaintiffs ten days to file an amended complaint, he intimated that Plaintiffs could not state a cause of action for declaratory judgment and that the appropriate remedy was a tort claim for damages. The Plaintiffs did not refile the action. Their failure to refile, however, does not preclude them from filing a new declaratory action or a tort action seeking damages. DEP sent the letter attached as Exhibit "0" on December 22, 1998. In this letter DEP assured the City that it would allow continued operation of the drain well in the future as long as the residents of Flora Estates were connected to a public water service. On January 25, 1999, DEP sent the letter attached as Exhibit "R" asking for a status update on the Flora Estates issues. Unaware that the City Commission would need to revisit this issue absent pending litigation, Assistant City Attorney Mary Doty sent the response attached as Exhibit "S" to DEP. After the timeframe had passed for Plaintiffs to refile the suit, Orange County staff determined that because its previous commission approval and the expenditure of funds to connect residents to the City water supply was dependent on pending litigation, it was necessary to seek commission approval of the expenditure absent the litigation. The Orange County staff, however, remained committed to the project. The matter was heard by the Orange County Commission on March 16, 1999. The Orange County Commission approved the expenditure of funds for the payment of the City's connection fees and to hire a contractor to connect each resident to the proposed extension of the water lines. The County 006.121608.1 . MEMORANDUM The Honorable Mayor and City Commissioners of the City of Ocoee May 14, 1999 Page 6 Commission did not address the release issue. Their decision, however, presumed that the City would agree to accept a transfer of the well permit and assume responsibility for the well. The Orange County Legal Department subsequently advised us that the Orange County staff is prepared to go forward with or without releases. Following a clarification of the County policy, the City Attorney advised that the City should attempt to obtain a release from all of the residents prior to an agreement by the City connecting the Flora Estates subdivision to the City water system. In order to gauge the willingness of the residents to sign a release the April 9, 1999 letter attached as Exhibit "T" was sent to the Flora Estates residents. The City received only nine responses with seven indicating they would sign a release and two indicating they would not. We must assume that 30 of the 37 residences are unwilling to sign a release. Prior to reaching this point, we were not in a position to bring this matter before the City.Commission for final action. We received the letter attached as Exhibit "U" from DEP on April 29, 1999. We both phoned DEP in response and sent the letter attached as Exhibit "V." Based on our discussions with DEP we do not believe that they will aggressively pursue closure of the drain well. When advised that the.City Commission would discuss the issue on May 18, 1999, the DEP appeared to be satisfied. DISCUSSION: It appears that most, but not all, of the Flora Estates residents are prepared to connect to the City water system and pay the non-resident monthly water charges. The County will pay the connection fees for these non-residents and hire the contractor to connect each residence only if the City accepts transfer of the well. We included the release in the original settlement proposal for three reasons. First, there was litigation pending. Second, the proposal contemplated, and it is still .. contemplated, that the City will undertake the long-term responsibility for the drain well. The third reason is because two of the former Plaintiffs have indicated that their children have suffered from various skin and stomach ailments allegedly related to the consumption of water contaminated,by the drain well. While the City and County both believe that it is in the best interests of the City and County to obtain a release from future claims and litigation, it is unlikely that we will obtain releases from a majority of the residents. As previously indicated, the County has decided to drop its requirements for a release from the residents. The options available to the City Commission are as follows: 1. Extend water lines to Flora Estates without requiring annexation and either (a) connect only the residents who have signed a release, or (b) drop the requirement for a release 006.121608.1 MEMORANDUM The Honorable Mayor and - City Commissioners of the City of Ocoee May 14, 1999 Page 7 and connect all residents who are willing to connect. Options 1(a) and 1(b) both involve accepting the County payment of connection fees and future City responsibility for the Lake Johio drain well. 2. Decline to extend the water lines to Flora Estates based on the small number of residents willing to sign a release. This would result in the loss of the County connection fees and leave as an open issue the dispute between the County and City as to responsibility for the Lake Johio drain well. It could result in action by the DEP to close the drain well in order to protect the water supply in Flora Estates. 3. Decline to accept future responsibility for the Lake Johio drain well and either (a) implement option 1(a) or 1(b) with the City using general fund revenues to pay the connection fees, or (b) implement option 1(a) or 1(b) connecting only those residents that elect to pay the connection fees. Having been unsuccessful in our effort to obtain releases for the benefit of the City, it is our recommendation that the City Commission proceed with Option 1(b) above and drop the requirement for a release. Absent pending legal action, we are of the opinion that the importance of the release diminishes. We believe the long-term risks of ownership of the drain well are somewhat mitigated by the fact that the City and County are offering to the residents safe, clean, drinking water and those that choose not to hook up, do so at their own risk. The risk that the City will be successfully sued for damages resulting from when the well began flowing last January is also small. A successful plaintiff must first establish that the City was responsible for the well at that time and second, must prove the cause and effect relationship between the drain well and the resident's problems. We believe this to be an extremely difficult task for a plaintiff. Finally, if the City is actually sued for damages, the City has liability insurance which should cover any such claim, including its cost of defense. Orange County would also be a likely defendant in any such action. The City has never acknowledged any legal liability to the residents of Flora Estates, but has nontheless worked with them and the County to solve the problem. We do not believe that Option 3 is viable since it would leave open the dispute between the City and County and likely result in future litigation not covered by insurance. It would also likely be viewed by the County as a bad faith act on the part of the City in light of the previous City Commission direction to pursue a settlement agreement which had the City assuming responsibility for the drain well and the County providing funding. Finally, it would leave the County in control of a drain well which impacts City residents in Lake Johio. However, it should be noted that there are no assurances regarding the future costs which 006.121608.1 MEMORANDUM The Honorable Mayor and City Commissioners of the City of Ocoee May 14, 1999 Page 8 might be incurred by the City as a result of the assumption of operational and maintenance responsibility for the Lake Johio drain well. The City Manager concurs with our recommendation. RECOMMENDATION: It respectfully is recommended that the City Commission (i) approve the extension of municipal water lines to Flora Estates with funding coming from the utility fund, (ii) allow the connection of the Flora Estates residents to the City water supply without the requirement of annexation or a release from future claims against the City and in connection therewith accept payment by Orange County of the non-resident connection fees, (iii) approve the transfer to the City of the DEP permit for the Lake Johio drain well and assume maintenance and operational responsibility over the Lake Johio drain well, and (iv) authorize the Mayor, City Clerk, City staff and City Attorney to execute all documents necessary to accomplish the foregoing. MAD:dr Enclosures cc: Ellis Shapiro, City Manager (w/encls.) James Shira, City Engineer (w/encls.) • __1 006.121608.1 k ... �Cullens COWt 1- - /\ e .s �,tti-t ,M { - 1 ! 1 1 North '�r= l.Y E.,ry;. ,yam�,/,.•' * W" - i t Rho rrdwMN 3 °. t .7 t� it t scale 1"=300 ft • w r12)t0 4! ,, 4r ';' , 'A rr •t- �. " •It _ l• ye 4�,� me I. oj' / • ,`s ? "' rt R' ;� 1 ! '• 4:.'4 e y al 6 Grua . . c� !",Re en on ` j #7 "t Dr nwell �� i. ''i � , f_�a�¢ / Pond i 1q �' • (? AF Z' .• , 'T ' Pump '^ ijiit •. •. 4.4 1 House _-� / ...d• "L� it - - fry+}- Lake Johio `. • r. . 1 . Old Silver Star Road • ±� o SCVOIF 8MW.nlin 4tit2443 PdeiEie.130 154i Y ,� .> Barnett ' re •t - Residence �vP v A. to CS1-. CJ L y1 AP • .4 q� 11. CD O `tea 4. t r • - Azaleas 5 - L Y ` Ranch Rd - 0 m Residence •� .. r. ._. 240(, C., • ' Azalea Ranch Road • tt t t el" '.. G Figure 2. Location Plan Project:Lake Johio Critical Elevation Survey EXHIBIT C • OranGe _ • s :'- - CountyI'tthlicWorkand1)cvcicptttctc M. Hastings, I'.1 !)irt•cttlr . ��—�'•- lingincerin I)c i:•x • g, parnncnt (:surge W. C:nle. I'.i:.. C:nunry I:nginccr 2450 33rti Street Orlando. Finrida 3 2809.8796 Tcicphnnc (305) 244.7900 April 29, 1987 • Mr. Teddy C. Ryan, Jr. City Manager City of Ocoee 150 Lakeshore Drive Ocoee, Florida 32761 Subject: Transfer of_Road Maintenance Responsibility 1 Dear Mr. Ryan: • I have recently been informed of an annexation by the City of Ocoee, wherein property including a road right of way, has been annexed into the city. In accordance with the current policy, whereas such annexation has occurred, you are hereby informed that Orange County will discontinue maintenance on the addressed portion of this road herein listed, effective May 10, 1987. Johio Shores Road - From the north line of Sections 15 and 16, • • Township 22 South, Range 28 East, south 660 feet (_) to a point opposite the north line of Flora Estates as platted in Plat Book "0", Page 127, Official Records of Orange County. If. there are any questions please contact Scott Walker at 244-7923. Sincerely, • 2 V_2.a1,t G�• C.C'C.P George W. Cole, P. E. GWC/MRW/prb cc: Thomas R. Sewell , County Administrator • T. M. Hastings, P. E.. , Director, Public Works and Development Ed Shoemaker, Manager, Highway Department PPR-16-1998 14:08 CITY OF OCOEE ENGINEERING 407 656 7835 P.02 7'-, . "CENT EI ?GOOD LIVING-PRIDE OF WEST O t►ux • Ocoee THOMAS R.ISON :. 4 • CITY OF OCOEE Catlik OHNsON a 4 R r s, a 150 N.IAK ESt DRIVE DABBS,JR v .0 OCOFLOR1DA 1475: VERN COMBS (!) c407! YARD J.HAGER r' y4'410, WAONMANAGER October 27, 1989 ELLISSHAPIRO . Mr. M. Krisnsmurthy, P.E. Manager, Stormwater Department • Public Works Division - Orange County . 2450 .33rd Street ' Orlando, FL 32809-8796 RE s LAKE JOHIO DRAINWELL Dear M . Krishnamurthy: . . • The developer of Richfield, a subdivision located in the City of Ocoee, was required to pave a portion of Johio Shores 0 Road. During construction, it became evident that the design drawings had incorrectly indicated that an existing drainwell would be outside the limits of proposed paving. The drainwell is in fact located within the south bound traffic lane. The engineer-of-record first suggested closing the • drainwell., but upon further research and upon being advised of . your position stated in your letter of October 11, 1989 to Buddy Elmore, he decided to devise a method to keep the drainwell • functional. • The City of Ocoee does not wish to take over the maintenance and drainage responsibilities of Lake *Johio or the drainwell. We therefore directed the engineer to design a structure and • drainage scheme to allow the drainwell to continue functioning. The results of his efforts are attached for your review. I need your comments, as the maintaining agency, on the appropriateness - Of the proposed solution. Since this project is currently under construction, I would .- appreciate hearing from you at your earliest convenience. If you Want to discuss this, please call me. • Sincerely, • • TCI OF OCOEE. • . 5--....._,.....\J es W. Shire, P.E. • City Engineer/Utilities Director JWS:£dg Enclosures • Sheet 1 of 1 sheets ' 10 & 11 of 13 . - Letter (2) ' ' APR-16-1998 14:08 CITY OF OCOEE ENGINEERING 407 656 ? P.P.U.S • • " /••'_ :rye iS.'%Orange ; ; � • _________ • �'`:- ;ist!s--,iF'`-' Public Works Division j. .y- .• County Thomas M.Hastings,P.E.,Director .' Stonnwaler Department M.Krlshommorlhy,Ph.D.,P.E,,Msotoger October 11, 1989 Siteet • Orland%Florida 320094796 Telephone(407)2444990 FAX(407)M4.7999 Buddy Elmore Citt of Ocoee 150 Lake Shore Drive Ocoee, FL 34711• Subj: Closing of Lake Johio Drainwell • Dear Mr. Elmore: In response to your inquiry g ry on the above referenced drainwell, I am advising you not to close the drainwell on Lake Johio. This drainwell drains approximately 175 acres and is the only drainage for this area. Based on the existence of the drainwell, the normal high water elevation for Lake Johio was • established to be 115.6 and correspondingly, a 100-year flood elevation of 117.91 was established for the lake. If the drainwell is closed, the normal high water and its Corresponding 100-year elevation will be changed. Based on the existing topographic map, the natural overflow elevation for Lake Johio was determined to be at elevation 125. It is feasible therefore, that the normal high water elevation end/or • the 100-year elevation may rise to elevation 125 should the drainwell be closed. • Therefore, we recommend that you do not close the drainwell - until an alternate positive outfall for Lake Johio is built. However, if the City of Ocoee is willing to take over the maintenance and drainage responsibilities of the lake and of the drainwell, our department will not have any objection to . your decision to close the drainwell. Sincerely, • • • 'hlt•vitsartnwtuA . • M. Krishnemurthy, P.E. MK/bc • cc: George W. Cole, P.E. , Deputy Director, Public Works Division ebA7o ".4e rr rnrar • TOTAL P.03 • U ra n g e ' r_ "-- .• :4.1 O Url.. Public Works Division ' = •: .. 7 Thomas M. Hastings. P.E.,Director `-- Stormwater Management Depart ment• November 9, 1989 M.brlshnamurthr,Ph.D., P.E.,Manager 2450 33rd Street i Orlando.Florida 32809.6796 i Telephone(407)244.7990 FAX(407)244.7999 i James W. Shire, P.E. City Engineer/Utilities Director . 150 N. Lakeshore Drive Ocoee, Florida 34761 Subj : Lake Johio Shores • Road- Drainwell i Dear Mr. Shira: i . As per our meeting on November 7, 1989, I am herewith sending you . ! a copy of the drainwell report prepared by our staff. This report gives a detailed description of the drainwell located on • Johio Shores Road and the results of a hydrological analysis performed for the drainwell, y ! As I had pointed out in our meeting, the City e annexed the tract containing this drainwell. Therefore, our edepartment-- • is hereby formally transferring the maintenance responsibility of • this drainwell to the City of Ocoee. Accordin 1 t• has removed this drainwell from our drain g y, depaistwell maintenance list._ Should you need any further information about this drainwell, please contact us. Yours Sincerely, . • M. F.=ishnamu_=hv • MK/bcr Enclosure cc: T. . ,iiastings, P. E. , • Geo=cE T M. Yd. Cole; P.E. , Depu`e_ _V ' �t_o_ c • Works Division ' 'Divi •• �•irector, 'crkS 51oa1 William J. Masi, Jr. , . P.E. , Manager, Engineering D Thomas C. Per_- • epax-txttent I ine, Superviso=, Construction & Maintenance 1 Stormwate= Management 1 i IN THE CIRCUIT COURT OF [HE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA PAUL AND CINDY VEES, CASE NO.: AL AND SUE HOOVER, JOSEPH J. AND AVIS PIERDOMINICI, YVONNE B.E. PIERDOMINICI, BETTY LOUISE WOOD,DAVID W. CAMPBELL, SUELLEN RITTER, SHIRLEY CHASTEEN, CAREY CAMPBELL, MICHAEL W. AND MAUREEN R. RILEY,RALEIGH AND LOUISE TALLEY, Plaintiffs, v. ORANGE COUNTY, a political subdivision of the State of Florida., and CITY OF OCOEE, a political subdivision of the State of Florida. Defendants. COMPLAINT FOR DECLARATORY JUDGMENT Plaintiffs, PAUL and CINDY VEES, AL AND SUE HOOVER, JOSEPH J. AND AVIS PIERDOMINICI, YVONNE B. E. PIERDOMINICI, BETTY LOUISE WOOD, DAVID. W. CAMPBELL,SUELLEN RITTER,SHIRLEY CHASTEEN,CAREY CAMPBELL,MICHAEL W. AND MAUREEN R. RILEY, RALEIGH AND LOUISE TALLEY (hereinafter collectively "Plaintiffs"),by and through undersigned counsel,pursuant to Fla.Stat. §86.011, et.seq.,hereby file this suit for Declaratory Judgment and in support thereof, states as follows: I. JURISDICTION 1. This is an action for declaratory judgment against the Defendants to declare • the respective rights of the parties. This Court has jurisdiction pursuant to FIa.Stat. §86.011. IL VENUE 2. Venue is proper in the Circuit Court in and for Orange County, Florida because the real property and issue in controversy subject to this Declaratory Judgment is located in Orange County, Florida. III. FACTUAL ALLEGATIONS 3. Paul and Cindy Vees reside at 2807 Johio Shores Road, Ocoee, Florida, 34761. 4. Al and Sue Hoover reside at 2819 Johio Shores Road, Ocoee,Florida,34761. 5. Joseph J. and Avis Pierdominici reside at 2806 Mauldin Road, Orlando, Florida 32818. ' 6. Yvonne B.E. Pierdominici resides at 8905 Old Silver Star Road, Orlando, . Florida 32818. 7. Betty Louis Wood resides at 2820 Mauldin Road, Orlando, Florida, 32818. 8. David W. Campbell resides at 8875 Old Silver Star Road, Orlando, Florida, 32818. 9. Suellen Ritter resides at 2813 Mauldin Road, Orlando, Florida, 32818. 10. Shirley Chasteen resides at 2831 Mauldin Road,Orlando,Florida,32818. 11. Carey Campbell resides at 2875 Mauldin Road, Orlando, Florida, 32818. 12. Michael W. and Maureen R. Riley reside at 8855 Old Silver Star Road, Orlando,Florida, 32818. 13. Raleigh and Louise Talley reside at 2696 Ashville Street, Orlando, Florida, 32818. 14. Orange County is a political subdivision of the State of Florida pursuant to FIa. Stat. Chapter 125 whose administrative address is 201 S. Rosalind Avenue, Orlando, Florida. 15. The City of Ocoee is a political subdivision of the State of Florida pursuant to Fla. Stat. Chapter 166 whose administrative address is 150 N. Lakeshore Drive, Ocoee, Florida, 34761-2258. 16. Plaintiffs have previously and currently rely on private wells located within their real property for potable water as a real property privilege or right. 17. During the Iast several months, a number of Plaintiffs' private wells have been dry and unable to yield water or otherwise subject to disruption of their. potablewater supply. 18. In addition, the water from a number of the Plaintiffs' private wells have been tested and bacteria has been documented to be present, at times, in the private wells or the water provided by the wells was full of sediment or discolored. 19. Orange County,Florida,prior to 1987, constructed a drain well for purposes of control of water levels associated with the Lake Johio Class V Lake: (hereinafter"Well"). 20. The Well was constructed, among other reasons, for purposes of flood control for the residents of Flora Estates and surrounding areas. 21. The Well removes air and water beneath the land surface as an operational function of the Well in regulating the water levels of Lake Johio, a twenty five(25)acre lake. Air pockets trapped beneath the land surface migrate to Plaintiffs' private potable water wells which causes a number of Plaintiffs' wells to not yield water. Water migrating to a number of Plaintiffs' wells transports contaminants to their respective well. A copy of a laboratory report for one private well is attached as Exhibit A. 22. Certain Plaintiffs' have been without a water supply from their private potable well for as long as five (5) days and have been subject to several disruptions of potable water supply. In one circumstance, Plaintiffs Vees and their five children were required to seek alternate supplies of potable water. 23. On or about March 7, 1987 and December 15, 1987, the City of Ocoee annexed certain properties in the proximity of Lake Johio. These annexations included the real property in which the Well was constructed and operates. A true and correct copy of the two Annexation Ordinances annexing real property adjacent to Lake Johio are attached as Composite Exhibit B. 24. On April 29, 1987, Orange County informed the City of Ocoee that due to the annexation referenced above,Orange County would discontinue maintenance on specific portions of Johio Shores Road. The correspondence does not directly reference rights and/or responsibilities for ongoing maintenance of the Well. A true and correct copy of the April 29, 1987 correspondence is attached as Exhibit C. 25. On November 9, 1989, Orange County informed the City that it was formally transferring the maintenance responsibility of the Well:to the City of Ocoee. • This letter further states that Orange County would remove this Well from its drainwell maintenance list. A true and correct copy of the November 9, 1989 letter is attached as Exhibit D. 26. By letter dated March 17, 1998, the City of Ocoee informed the State of Florida Department of Environmental Protection that it was not responsible for the maintenance of the Well. Further, this Ietter states that the City disagrees that it has any responsibility as to the Well.A true and correct copy of the March 17, 1998 letter is attached as Exhibit E. 27. On March 18, 1998, Orange County confirmed its position as to formal transfer of maintenance of the Well to the City, of Ocoee. A true and correct copy of the March 18, 1998 letter is attached as Exhibit F. COUNT] DECLARATION OF OWNERSHIP OF DRAINWELL 28. Plaintiffs reallege and incorporate paragraphs 1 through 27 as it fully set forth herein. 29. A present controversy exists as to the ownership of the Well which function- adversely impacts the private wells of Plaintiffs. 30. Plaintiffs have demanded that maintenance of the Well or other relief be- undertaken so as to restore the potable water supply for Plaintiffs' respective residences. 31. To date,neither the City of Ocoee nor Orange County have committed to or • acknowledged responsibility for the maintenance or other corrective measures to restore Plaintiffs' potable water supply. 32. A bonafide, actual, present and practical need exists for a declaration of ownership of the Well. 33. The requested declaration is responsive to a present,ascertained state of facts. 34. A present controversy exists as to those present, ascertained facts. 35. A privilege or right is dependent upon legal interpretation of those present, ascertained facts. 36. Plaintiffs clearly have an actual present and legal interest in the subject matter of this request for declaratory judgment. - 37. The interests of Plaintiffs,the City of Ocoee,and Orange County are properly before this court. 38. The relief sought is not the mere giving of legal advice by the court but is requested to adjudicate adverse rights and responsibilities. WHEREFORE, Plaintiffs' respectively request that this Honorable Court exercise jurisdiction over this matter,construe the annexation ordinances and statutes related thereto to make ::- a determination as to which governmental entity is owner of the Well, award Plaintiffs'. costs pursuant to Fla. Stat. §86.081, and award any other relief deemed equitable and proper. Respectively submitted, J. A. JURGENS, P.A. 1.4 ✓ J. • 1 ur•:. , quire FI, da V. .637165 5 I% W . 'va Springs Road, Suite 800 Longwood, Florida 32779 Telephone: (407) 772-2277 Facsimile: (407) 772-2278 Attorney for Plaintiffs V.Cord ciienol ampiaint for dedaraory judgment fk.wpd • EXWIBIT A •• - _ I`LL wt . • • CreAesc.i . e.AAZs 180®aPonala• •system Name: VQ t✓€ , L. ' ,System l.®.No. Spasm Prole . Address '2Sirl •Joh I C 3L4s al - • County: slrn ri rt 0€14•Dielict Code= at elciari YE. 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P-Cofitorms weereee t C-Con('°itcover tacTudiee..Abeenineat gen or add A-Coab i s:a sbs®nt T TC-Too Nuenensus TA C6uee t —Rensulo by Program Reamer• IA ry JaMmoe L Fllrs.atta Nam meeinWant,Adana at Personfirentio Soceire Report ('� rl�® Pau Calm sow OW [ 'WPC,' teat NEWINI PI21171Yw r-,�� ( t ar++p+.r.Cow+ +rltsriors X11542/17 ,;A3v l -j, ,,o S)QY( KQ ( ) raceme - flit:11a7) Ocoee 1 R- -541to1 Ra�ra •��. . V:i -newMaio Ow PICKUP e FPX • i EXHIBIT- B I'I�riill :'si.l TIINIAS lG:cIre:, i _ __ -/ C2� (1 (:�.untp 2799192ORANGE co. FL. n..c '...% i�i.II,•r 02 :27:40Pn 'ruin!hitY 5 • l.3 1�2c i} Clerk OR3900 PG 0 I SE ORDINANCE NO . 955 First Reading 3-3-137 na—.,e a 1i-7-07 • AN ORDINANCE O THE CITY OF OCOEE, FLORIDA (TO EXT THE TERRITORI • AND MUNICIPAL LIMITS ANNEX, PURSUANT TO FLORIDA STATUTE 171 . 044 THE HEREINAFTER DESCRIBED ROAD RIGHTS-OF-WAY SITUATED AND BEING II•l ORANGE COUNTY, FLORIDA ; PROVIDING FOR AND AUTHORIZING TIHE UPDATING OF OFFICIAL CITY MAPS ; r . PROVIDING DIRECTION TO THE . CITY CLERK; CONFLICTS ; AND EFFECTIVE DATE. • WHEREAS , the City Commission of the City of Ocoee Florida , desires to annex certain road rights-of-way situated adjacent to lands lying within the municipal boundaries ; and • WHEREAS , Florida statute 171 . 044 of the General Laws of. Florida provides that a municipal corporation may annex: property into its corporate limits by passing and adopting - a non-emergency ordinance to annex said property ; and WHEREAS , the City Commission of -he City of Ocoee _s_ desirous of annexing and redefining :he boundaries of the municipality to include the subject property pursues: Florida Statute 171 . 044 . NOW,NOW, `11=RE FOR E , =NAr" :Dr = . r__ COMMISSION T.- =S�I�.� C:: THE CITY OF ' ,"n - , F LOR._.r; _ rLLOn E : I r., . Section 1 . That :he following described property been situated in Orange County , Florida is hereby annexed into: the- City of Ocoee , Florida pursuant to the annexation provisions-- of Chapter _71 . 04 4 , Florida Statutes and ocher applicab le zi laws : 1 ,t MORTGOMER _ AVENUE Within Section 17 , Township 22 South , Range 23 East , Orange County , Florida ; that portion of existing -.road ri cht-of-way known as "Montgomery Avenue " extending • North from the South line of Section 17 to a point on the North 171 . 044 THE HEREINAFTER DESCRIBED QAD RIGHTS-OF-WAS! SITUA '0 AND _SING Itr ORANGE COUNTY, c LORIDA; • PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS ; PROVIDING DIRECTION TO THE CITY CLERK; CONFLICTS ; MID EFFECTIVE DATE . WHEREAS , the City Commission of the City of Ocoee Florida , desires to annex certain road rights-of-wax situated adjacent to lands '-ring within :he municipal boundaries : and HHERrAS , F icrda statue= _71 . C•t 4 of the General Laws o Florida provides that a rnunicipd_ - corporation may annex property into its corporate limits ty passing and adopting non-=mer•genc_ crcnance :o annex said proper and a WHEREAS , the Cis' Ctmmi,ssion cf :ne City of e : desirous of __ and a - _ - _ ` Ocoee S • muniz- l � r. .. J - o. _ -..�1.�-i'7 _ _�� ..AC L:�'.•�.6_ -��., J_ _;•�'. i pa itv _o _nc_ude :he subject pror,-_ _ pursuant :o Florida S to to t_ . . 04 , . NOW, THEREFORE, 2E IT ENACTED ..Y Tt.E CITY COMMIISSIorr ,“ THE CITY OF OCOEE, FLORIDA AS FOLLOWS : OF Section 1 That the following described rn property being situated in Orange County , Florida is hereb J annexed into the ► c. City of Ocoee , Florida pursuant to the annexation provisions of Chapter 171 . 044 , Florida Statutes and ocher applicable laws : - d .,r.FtONTCOMERy AVENUE 1ZL . Within Section 17 , Township 22 South , Range 28 East , Orange County, Florida ; that portion of existing road right-of-way known . as "Montgomery Avenue" extending • North from the South line of Section 17 to a point on the North line of the SE 1/4] of the SE 1/4 of Section 17 . • SILVER STAR ROAD Within Section 16 , Township 22 • South , Range 23 East, Orange County, Florida ; • that portion of existing road right-of-way known as "Silver Star Road" extending . from the center point of Section 16 , said point being on the • • existing City limits line of the City of Ocoee , Co a point 710 feet East . • • IJR3900 PG0I • JOHIO SHORES ROAD • Within Sections 15 and 16 , • Township 22 South , Range 2e East . Orange County , Florida ; that • portion of existing road right-of- way known as "Johio Shores Road" extending from the North line of • Sections 15 and 16 to a point 660 feet South . .�. LANE STREET ,7.v Within Section 17 , Township 22 South , Range 23 East , Orange County , Florida ; that portion of existing road right-of-way known as "tea: Stree : " extending East from the East line cf Hcntgcmery Avenue to :he East line of Section 17 . MAG:'-:.- Within Sections 21 a..d 22 . Township 22 Scum . Rance 25 East , Oran ce County . -o_ :oa ; that portion of existing public richt- of-way known as "Maguire Road" extendinc Ncrzh of the ?forth icht-of-^'ay lineof Moore Road to the North line said Sect-on s 21 and 22 , said point being on the exist-nc City limits line of :he ri `' o= Ocoee . Section 1 . That the corpor?r., territorial limits of the City of Ocoee , Florida are hereby redefined to include said land herein described and annexed. Section 3 _ That the City Clerk is hereby authorirec to V• • • JOHIO SHORES ROAD Within Sections 15 and 16 , • Township 22 South , Range _'3 East , Orange County, Florida ; that portion of e::_sting road right-of- way known as " ohio Shores Road" extending from the North line of Sections 15 and 16 co a point 660 fee: South . L.1.. S T•?.`.... . 1 with:'' . _.- ^n , Tcwrizh! -- Rance 23 East . Oranc= Counc7 . Florita ; :hat portion of existing road right-of -way howr as "Lake extending -a.s from :he East line of Montgomer:. . Avenue to the ..ate : line ne 17 . ,( M A G U I R E ROAD Within Sections 31 and 32 , Township 22 South . Range 29 as : , Orange County , Florida ; that portion of existing public right- of-way known as "Maguire Road" extending. North of the North right-of-way line of Moore Road to the North line of said Sections 31 and 32 , said point being on the existing City limits line of .the City of Ocoee . Section 2 . That the corporate territorial limits of the City of Ocoee , Florida are hereby redefined to include said land herein described and annexed. Section J . That the City Clerk is hereby authorized to update and supplement official City maps of the City of-_ Ocoee , Florida to include said land herein described and. annexed. Section 4 . That if any section or portion of a section or subsection of this ordinance proves to be invalid, unlawful , or unconstitutional , it shall not be held to • invalidate or impair the validity, force or effect of any other section or portion of a section or subsection of this Ordinance . Section 5 . That all ordinances or parts of ordinances in conflict herewith are hereby repealed . • • • • Section 6 . That, this Ordinance shall take effect upon passage and adoption , thereafter the City Clerk is hereby directed to file a certified copy of the Ordinance with the Secretary of State of the State of Florida and with appropriate agencies in and for Orange County, Florida . �y ENACTED THIS DAY OF , 1987 V CITY OF OCOEE , FLORIDA MAYOR • ••••• ATTES1U.` • • 0R39Q0 Pao l so C T TY ?L;E P S �' • • • • ...r — ; _- -I-i�-t-y -- = :L • r� . -- _ I ! .. . . ....r _ > . . . LI =1114Mi . • . • • �_ _ _. Imo';IF, r-- . 1 ,i :I . Iii 1.1. .,'T. . i j . -'.L -'�' ,I _ :- I :r I I II I 1�1— .. . ... n ! i3 j: il . . : L____. \j 1 i ) ,..u..,,,.., , . . . 2 ,-- _' N / '\ ---Jd • , x , , 0- r _ . z ....c,o ?Yn 1S 3 Idl m Y ( 1 O (ii `$`� . 11:7 • . 0111Or 1 WV1 ' •-... :.• • • - ••••• • 1 /f \ / / / •I.S7r1 . .7. .Z1 --S/ p . __._,, ,_1, \\......________ _ .-. ...—_.. : ..n'.--. - �1 t OH H I IS �3I1IS -,-.. ,.�.,1,.- . • SSo G .30IUVNICT2)0 • OVOU 3L'00W 20 11TUON 0V021 3UIn071.1 .30 37I1.1 Z./T ONV ' .1:23 I.LS 3:3V7 .30 71', ' OVOU L'V?S 113/17IS 30 11.LUOU OVOU 33110IIS OI110C .30 37I1.1 B/T 7.73?VI•II}:OUddv ' OVOU 3UV7J .30 .1.SV3 • OVOU UV.LS . U3A7IS 30 31II.1 B/T 7..73WV1`IIXOUddV ' OVOU 3,LIIil.I 20 111.21014 OVOU AU3W00.LNOW 30 37IW4 h/T 1,73,LVWIXOUd8V ' OVOU NUV7J • UV3ti OVOU 3WIIIM .30 37I14 _ .. Z/T A73TVWIXOUddV OIJIOn7Jl•II NOI?JIQSIUnC 7VdIJI1JnIJ 1.130Nn S0IJr7 OT LU3JVC0V ,*,VFf-30-ST110i U .I33UTS 20 SNOILdOd ONI :170h11I : ! 9- t9 T " ON 33VJ N011i1-3d NOI1VXENN 'd •• REODO EO A ± I3 . ORDINANCE NO. 1 016 First Reading 11-3_87 Second Reading 12-15-©7 ' • • , • AN ORDINANCE OF THE CITY OF OCOEE, , `'..� FLORIDA TO EXTEND THE TERRITORIAL AND MUNICIPAL LIMITS TO ANNEX, PURSUANT TO FLORIDA STATUTE • 171. 044 THE HEREINAFTER DESCRIBED LAND SITUATED AND BEING IN ORANGE COUNTY, FLORIDA AND PETITIONED BY C. WAYNE ATWOOD (CASE NO . 30A-87) PROVIDING FOR AND AUTHORIZING THE • • UPDATING OF OFFICIAL CITY MAPS; `PROVIDING DIRECTION TO THE CITY • CLERK; CONFLICTS ; AND EFFECTIVE DATE. WHEREAS, C, WAYNE ATWOOD, AGENT FOR LEROY S. SAFIAN (Case has petitioned. the City No 30A-87) the City of Ocoee , Florida to annexproperty _ ty Commission of Johio Shores Road and North of Lake Johioin located WestWest of County, Florida; and WHEREAS, Florida Statute 171 . 044 of the General Florida providesLaws of-- p that a municipal corporation may . annex property into its corporate limits , of . the owners and by passing and adoptin voluntary petition ordinance to annex said property; and g a non-emergency WHEREAS, the City Commission of the City of Ocoee desirous of annexing and redefining the boundaries the- municipality is _ Florida uniip Statute. o17incl de the subject of the prcpe_ ty pursuant to NOW, THEREFORE, BE IT ENACTED BY THE CT 1 . THE CITY OF OCOEE, FLORIDA AS FOLLOWS: COtSHISSION OF OLLOHS: Section 1. That the following described situated in Orange County, Florida totaling a papprrip oxi being SS .1 acres be and the same mately Ocoee is hereby annexed into the City of-- Florida pursuant to voluntary annexation ov Chapter 171 . 044 , Florida Statutes and other applicable l lieiaaw of ws : A PARCEL OF LAND ACCORDING TO BOOK 2331 , PAGE 320 , OFFICIAL RECORDS OF ORANGE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: • LOT 1 . (LESS THE SOUTH 237 FEET LYING EAST OF THE LAKE AND LESS THE NORTH 208 FEET OF THE WEST 208 FEET) LAKE JOHIO SHORES r AS . PER PLAT THEREOF RECORDED IN PLAT Boor • UPDATING OF OFFICIAL CITY+:�v T:'ic. MkPS; PRr''IDING DIRECTION ' TO THE .ITY CL,. .K; CONFLICTS ; AND EFFECTIVE DATE. 1 WHEREAS, C. • WAYNE ATWOOD, AGENT FOR LEROY S. SAFIAN (Case No. 3OA-87) has petitioned the City Commission of the ert City of Ocoee , Florida to annex the Johio Shores Road and North of L.akerJoy located West of Florida; and hio in Orange County, WHEREAS, Florida Statute 171. 044 of the General Laws of Florida provides that a municipal property corporation may annex into its corporate limits , upon voluntary of . the owners and by passing and adopting a - petition p g ordinance to annex said non-emergency property; and WHEREAS, the City Commission of the Cit desirous of annexing and redefining the boundariesOcofe the municipality . to include the subject property pursuant to Florida Statute 171 . 044 . . NOW, THEREFORE, BE 'IT ENACTED BY THE CITY COMMISSION OF THE CITY OF- OCOEE, FLORIDA AS FOLLOWS : Section 1 . That the following described situated in Orange County, Florida totalingproperty beingy 55 . 1 acres be and the same is herebyinto approximately of Ocoee , Florida annexed the City of. pursuant to' voluntary annexation provisions of Chapter 171. 044 Florida Statutes and other applicable laws : A PARCEL OF LAND ACCORDING TO BOOK 2331, PAGE 320 , OFFICIAL RECORDS • OF ORANGE COUNTY, FLORIDA, • DESCRIBED AS FOLLOWS: LOT 1 (LESS THE SOUTH 237 FEET LYING EAST OF THE LAKE AND LESS THE NORTH 208 FEET OF THE WEST 208 ' • FEET) LAKE JOHIO SHORES, AS PER PLAT THEREOF RECORDED IN PLAT BOOK Q, PAGE 54 , PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, AND LYING IN SECTION 16 , TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. (ALSO LESS AND EXCEPT THAT PORTION OF SAID LOT 1 ACCORDING TO BOOK . 3636 , PAGES 178 AND 179 , OFFICIAL % ; RECORDS OF SAID ORANGE COUNTY, ' ' DESCRIBED AS FOLLOWS: i . A PART OF LOT 1 AS SHOWN ON THE PLAT OF LAKE JOHIO SHORES , , RECORDED IN PLAT BOOK Q, PAGE 54 , • PUBLIC RECORDS OF ORANGE COUNTY, ' , FLORIDA, . DESCRIBED AS FOLLOWS : 1 BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 'RUN THENCE SOUTH 00' 16 ' 25" WEST ALONG THE WEST LINE • THEREOF 512 . 00 FEET, THENCE NORTH • 51' 04 ' 25" EAST 306. 20 FEET; THENCE NORTH 36° 44 ' 25" EAST 274 . 70 FEET; ' , THENCE NORTH 12°52 ' 08 " EAST 102. 87 , FEET (100 ' RECORD) TO A POINT ON THE NORTH LINE OF AFORESAID LOT 1 , :`• 1, • SAID POINT BEING 423 . 00 FEET EAST 1..OF AFORESAID NORTHWEST CORNER 1 Zt THEREOF; THENCE SOUTH 89 ° 52 ' 20" Is • WEST ALONG SAID NORTH LINE 423 . 00 FEET TO THE POINT OF BEGINNING . ) • SAID PARCEL OF LAND TO BE ANNEXED SHALL ALSO INCLUDE THE EXISTING 30 FEET OF PLATTED ROAD RIGHTS-OF-WAY ADJOINING THE AFOREMENTIONED TRACT Ii TO THE NORTH AND WEST (OTHERWISE .'d_ KNOWN AS SPRING LAKE ROAD AND �__ CLARK . ROAD EXTENDED) AND THE EXISTING 60 FEET OF PLATTED ROAD • RIGHT-OF-WAY OF JOHIO SHORES ROAD ADJOINING THE AFOREMENTIONED TRACT TO THE EAST AND BEING THAT 450 . FEET (PLUS OR MINUS) OF ROAD OTHERWISE NOT ALREADY ANNEXED INTO THE CITY OF OCOEE. • Section 2. That the corporate territorial limits City of Ocoee , Florida are hereby redefined to includeof saidland herein described and annnexed . • Section 3 . That the City Clerk is hereby authorized to • update and supplement official City maps of the Cit of Ocoee , Florida to include said land her y annexed. herein described and Section 4 . That the land herein described of the land hereinsc_ibed and future all debts and obligations described shall be liable for and be subject to all species of taxation, laws , ordinances , and regulations of the City of Ocoee , Florida and be entitled to the same i benefits as other areas of the City. Pr-vi_eges and Section 5. That if any section or portion of a section or subsection of +.i,. _ FEET (100 ' RECORD) TO A POINT ON • THE -1RTH LINE OF AFORESAID LO 1, • SAIL POINT BEING 4 23 . 00 FEET EAST `� . OF AFORESAID NORTHWEST CORNER 1 THEREOF; THENCE SOUTH 89 ' 52 ' 20" -" WEST ALONG SAID NORTH LINE 423 . 00 FEET TO THE POINT OF BEGINNING . ) • SAID PARCEL OF LAND TO BE ANNEXED SHALL ALSO INCLUDE THE EXISTING 30 FEET OF PLATTED ROAD RIGHTS-OF-WAY ADJOINING THE AFOREMENTIONED TRACT / i TO THE NORTH AND WEST (OTHERWISE ..', KNOWN AS SPRING LAKE ROAD AND CLARK . ROAD EXTENDED) AND THE EXISTING 60 FEET OF PLATTED ROAD RIGHT-OF-WAY OF JOHIO SHORES ROAD ADJOINING THE AFOREMENTIONED TRACT TO THE EAST AND BEING THAT 450 . FEET (PLUS OR MINUS) OF ROAD OTHERWISE NOT ALREADY ANNEXED INTO THE CITY OF OCOEE. Section 2 . That the corporate territorial limits of the City of Ocoee. Florida are hereby redefined to include said land herein described and annnexed. Section 3 . That the City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee , Florida to include said land herein described and annexed. Section 4 . That the land herein described and future inhabitants of the land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws , ordinances , and regulations of the City of Ocoee , Florida and be entitled to the same privileges and benefits as other areas of the City. Section 5. That if any section or portion or subsection of this ordinanceof a svaliidn proves to be unlawful, or unconstitutional , it shall not be held to invalidate or impair the validity, force or effect of any other section or.-portion of a section or subsection of this Ordinance . Section 6 . That all ordinances or parts of ordinances in conflict herewith are hereby repealed. • Section 7 . That this Ordinance shall take effect passage and adoption , thereafter the CityClerk is upon directed to file a certified co hereby Secretary of State - py of the Ordinance with the appropriate agencies of the State of Florida 4encies in and for Orange County, Floridan kith • ENACTED TIiIS DAY OF 12-e-C,r)(14.1J 1987. CITY OF OCOEE, FLORIDA - t. i ,__vd 12, cL) ' if . - MAYOR ATTEST: • • AL) (2-6/46-7-1 CITY CLERK • • • itiPl.' 1 . . . SEC I TWO 1 ANG [ 1/4 SUPPL 16 11 li'ill . :(F; . 116 22 .28 NE A . (?) ., ..-. •-,,,g. •. •I • . . Jilkfili: •28 SE • I! • LAKE --------____________•-• - - r1D. ' •, ,... -I-- . • 09 • • , i• 1/ I. L. . .. . . . • I _4 IP • . . • • • .. _ . . . . 1 -zi o 1 . . . j .-9 . . NJ . 4 ..):IcA--...cttl 4S \ ..._ . -•-_, - I , .. • 1 • • .. , . . , • (---; , I . i •c i • I I— .• > O — 0 d TS . \.. 41 - — j -1 I 1. LA --` �� Li N,1/ ... -_ �— — ., s 0 . "'.......... ...".. i 0 li A ^ \ I I o\ p r1I ),...'• ; vz t j•t 1 : CO z 7., /)n I ,O I d4o_ 250 JOHIO I 23/2 2s20 . I 15-22- 28 NW . EXHIBIT C Ora • • � ;r,- `z-• Public Works and 1)cvclt3ptntcnr j e 0 nt} • 'Thomas M. Hastings, 1'.1E.. 1)irectnr !Engineering Department (:curgc W. Cale, I'.1i., (:n"nry I:nginet•r • 2450 33rd Street Orlando. Florida 32809.8790 Telephone (305) 244.7900 April 29, 1987 Mr. Teddy C. Ryan, Jr. City Manager • City of Ocoee 150 Lakeshore Drive • Ocoee; Florida 32761 Subject: Transfer of_Road Maintenance Responsibility Dear Mr. Ryan: I have recently been informed of an annexation by the City of Ocoee, wherein property including a road right of way, has been annexed into the city. In accordance with the current policy, whereas such annexation has occurred, you are hereby informed that Orange County will discontinue maintenance on the addressed portion of this road herein listed, effective May 10, 1987. Johio Shores Road - From the north line of Sections 15 and 16, - Township 22 South, Range 28 East, south 660 feet (-) to a point opposite the north line of Flora Estates as platted in Plat Book "0", Page 127, Official Records of Orange County. If there are any questions , please contact Scott Walker at 244-7923. • Sincerely, _ • • George W. Cole, P. E. GWC/MRW/prb • cc: Thomas R. Sewell , County Administrator T. M. Hastings , P. E. , Director, Public Works and Development Ed Shoemaker, Manager, Highway Department Ulan e ram- ' CO u n L Public 3%orks Division • ' rw `_.,'.y _ Thomas M. Hastings, P,E, Director rector �> Stormwater Management Department• M. Krlshnamurthr, Ph.D., P.E.,Mnnager • November 9, 7989• 2450 33rd Sued Orlando.Florida 32809.879E Telephone(407)244.7990 FAX(407)24s.7999 James W. Shire, P . E. City Lakeshore Engier/Uti1-ties Director • Drive i Ocoee, Florida 34761 Subj : Lake Johio Shores Road- Drainwell Dear Mr. Shira: • As per our meeting on November 7, 1989 , I am herewith sending you a copy of the drainwell report prepared by our sta report gives a detailed description cf the dinwell , oct Tated on s ra Johio Shores Road and the r performed for the drain results of r -a hydrological analysis well . 1 ! As I had pointed out in the our meeting, City of Ocoee annexed the tract containing this drainwell . Therefore, our department hereby formally transferring the maintenance re this drainwell to the City of responsibility of Ocoee . accordingly, our department has removed this drainwell from our drainwell Should you need any further maintenance list._ contac,. us. information about this drainwell Please - • Yours Sincerely, -..)-'i'441. 11,1rJiv:t1'4, M. Krisnnamu=tnv MK/b V,_ Enclosure c... '''• M. .rias,.+nos P. E. , • Georc� W. Cole, P .E. , Director, Public Works Division. Deputy Director, Public Works Division William J. Masi Jr Thomas C. pMas., Jr. , . . E. , Manager, .Engineering Department I Ae, Supervisor, Constructionamen Ste-zwater Management Maintenance 1 i H . •‘. ::::::..7-cals ..+A.) 43111:1 ::.;:0-0:IF f ��\t�151617/g,� coo° l� �Q JAMES W.SHIRA,p E. ar" fir% CITY ENGINEER/UTILITIES DIRECTOR O 3/:IA '9i�� c 150 N.LAKESHORE DRIVE•OCOEE FLORIDA 34761 D �C�r! ti PHONE(407)656-2322 EXT:142.FAX(407)656-7835 a O.E.p C //1_` T ti� March 17, 1998 � 1.«ac o Mrs. Christianne Ferraro Program Administrator Water Facilities Florida Department of Environmental Protection 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Re:Lake Johio Class V Lake Level Control Well Dear Mrs. Ferraro: I am writing in response to your Ietter of 3/16/98 regarding the referenced drain well. 1 When Mr. Watroba and I spoke, I told him that I was not aware of anything the city had done that would lead me to believe the City of Ocoee has any responsibility for this well. The City did not construct the well, and to my knowledge, has not performed any maintenance on the well,nor do we own the property on which the intake pipe is Iocated. I I believe that the intake pipe is located either on private property, or perhaps on sovereign submerged Iand owned by the state. I do not have anything in any of our files to indicate that any agency considers this well to be ours, and if we were so notified, we would disagree. If there is anything else you need in this regard,please call. Sincerely, - CITY OF OCOEE /Z--, C.-4...----/e-:- • James W. Shira, P.E. City Engineer/Utilities Director JWS/jbw • - • ; G. PUBLIC WOR S DIVISION . ROADS-& DIZAI^' E DEPARTMENT- 1 DEODAT B G. . �• �aoa South John U, I.E.,.1,5sistunt :�lancryer • li)une Purkwuy. I)rI►ndc., Florida ;i2t;a).c;mj • 'r'l T (�71 836-i6i0. i (407) ;S.iti-;S:icl . t � C•lntl�i Pil'It�tl)Hl Or ctz•rzt:xS•FItaT.c".c,clRaNcit;.rt. I•ti GOVEVME?1 T 99 J]FLORIDA a� 41 March 18, 1998 Q• a" a trt i -r � r\,, Cl)ristianne Ferraro, P. E. r— 3.),v1� Program Administrator •eco Department of Environmental Protection 6�BZ1Z9ZSZ�°� 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 • Subject: Lake Johio Drainwell Dear Ms. Ferraro: This is in response to your letter dated March 16, 1998 regarding the ownership of the subject drainwell. We previously pointed out to Mr. Duane Watroba of your office, chat the City of Ocoee annexed the track containing the subject drainwell in 1987. With that annexation, the responsibility of this drainwell was formally transferred to the City of Ocoee. As requested, please find attached all the supporting transferring documentation regarding the drainwell. • If you have any further questions, please feel free to contact rue at the above number, • Sincerely. • r)_oda; Eudhu- P. , DB1,t Attachment.. cc: 1 iit M. Laichandani. P.E.. Director, Public Works Division William P. Baxter. P.E.. Deoun' Director. Public Works Division Mark V. Massaro. P.E.. Manager. Roads b: Drainage Denartmrn; • M. 1:rishnamurthy. Ph.D.. P.E.. Manager Stormwater Management Department • James W. Shira. P. E.. City Engineer. City of Ocoee Duane Watroba. Department of Environmental Protection Will Evans. L'IC. Tallahasee Sara Whitaker. St. Johns River Water Management District CITY OF OCOEE FAX TRANSMISSION TO: Paul Rosenthal, Esq. FAX NO.: (407) 648-1743 Foley & Lardner FROM: Judy Graber FAX NO.: (407) 656-8504 Assistant to Ellis Shapiro, City Manager DATE: April 14, 1998 RE: Paul & Cindy Vees,Al & Sue Hoover, et al. vs. Orange County and City of Ocoee Summons and Complaint and Orlando-Orange County Expressway Authority/Western Beltway • Part A; Joint Participation Agreement with City of Ocoee regarding Palm Drive and Pine Street Please call me regarding the attached immediately upon receipt. Thank you. ES:jg Attachment atfati ...v-u) 04/21 • Number of pages including cover sheet: 4Zg If you do not receive all the pages to this fax,please call JUDY GRABER at (407) 656-2322 ext. 121 4-16-1998 2: 14PM FROM CITY OF f rnPF 4076568504 P.2 • APR-16-11 el:2l From:COREGIS PA. , ENTITY SCNOOIS 312103254E T411 P.O1/Ot Job.442 • GOBS INSURANCE COMPANY 1e1 West Madmen,Suite 2400ri Chicago,Illinois 60602 krueddps1Qw (MOO)Z14-21171.FM: (312)123-2637 school.: (soot 622-4063.FAX (313)1103-26647 511e081 glad= Cl )0o a24.arrn.FM: (31a)en-s 67 PCL I s (00)faa.4ala,FAX: (312)11496.13311 uo • April 16. 1998 • FACSIMILE (407)658-8504 Mt. Peggy Pssaledakis. • City of Ocoee • 150 N. Lakeshore Drive Ocoee, Florida 34761-2288 • Re: Coregis File No.: ECD36328 Insured: City of Ocoee, FL Claimant: Paul and Cindy Vees,et al • Dear Ms. Psaledakis: • This confirms our telephone conversation today'on the above matter.The complaint that was forwarded to us is an action for declaratory judgment against the defendants(Orange County, FL and City of Ocoee)to declare the respective rights of the pietism. • The City's general liability policy speaks to declaratory judgments in its defnition of personal injury where the policy statesthat with respect to personal injury,damages means monetary sums and excludes ail forms of injunctive relief and declaratory judgments. We fall to see any coverage for this present complaint We will be forwarding to you a more detailed coverage analysis under separate cover but this is being sent to you in short order pursuant to your request. In regards to the supply of water the policy states the following: This insurance does not apply to bodily injury or property damage arising out of the failure of any insured to adequately supply natural gas, water.electricity or steam by any utility.whether owned or not by any insured. if a complaint is filed seeking monetary damages on any such theory we would appreciate you forwarding same to us immediately for review and coverage analysis. • • Curegis Munn=Comm . •Ceibmk Iowan.Company CamPs Indemnify CcnlpanY eloarigundnied m CNcaOo Doohwiad w Canaa flookam In senora s.ianoed In am alike Lrvrnaadht aeverr*Ns 5eks Mee SAO esewiwr.• 4-16-1998 2:14PM FROM CITY OF OCOEE 4076568E04 P. 3 d APIFA6-SI 01:21 Frw:Ca9iE65 PIrBL..ENTITY SCHOOLS 312003254T T-5S1 P O2/O? J b=242 2_ Very truly yours, (/*34gA— frr Ben 88geltbl®,AIC,SC1.A Senior Claim Specialist CC: Jim Felton, Risk Management Associates by FAX t`' (407) 331-4800 P. 02• CEP-01-98. TUE 03:23 PM OC ^TTY'S 0FC/LITIGATION FAX NO. 407 Q362178 ;407 83U 7499 2/ 3 _ . ,.T Department of -� _� Environmental Protection Central District Lawton Chiles 3319 Maguire Boulevard,Suite 232 Governor I Orlando,Florida 32803-3767 a B.Secretary Wetherell rt' _1 ANNA HACHA-LONG OCD-DD-98-0026 ORANGE COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT 2002 EAST MICHIGAN STREET ORLANDO FL 32806 Orange County- UIC Lake Johio Class V Lake Level Control Well . H a Dear Msng Regarding our telephone conversation of August 27, 1998, the Department does not recommend reopening the above referenced drainage well at this time. Department personnel visited the Lake Johio site on August 27, 1998 and reported that currently, no homes on the lake shore are in Imminent danger of flooding. In addition, reopening the drainage well would impact the affected drinking water wells by again delivering nonpotable lake water, air and lake bottom sediment to those wells. Please be advised that although the affected residents at Lake Johlo are being provided with emergency potable water.they are still relying on their backyard water wells for nonpotable uses(i.e. bathing,toilet use, irrigation,etc.). Reopening the drainage well would result in a loss of nonpotable water to these residents far several days and possible pump burn outs and water system malfunctions. The lack of flooding danger, however, is temporary at best The affected Lake Johio residents need a permanent source of potable water and the lake level of Lake Johio needs to,again, come under control. Providing municipal water to the affected residents would certainly resolve this situation. The Department recommends that this be done as soon as possible. • ~- �1 ., • Si "Protect,Conserve end Manage Florida's Environment and Natural Resources" hinged on neryrbd paper. SEP-01-98 TUE 03:24 PM OC ATTY'S OFC/LITIGATION FAX NO. 407 8362178 P. 03 a .—. .. .,_ .,1.011L — ;407 e3e yspp rs 3i 3 • Anna Hacha-Long August 28. 1998 Page Two Should you have any questions,please contact Duane Watroba at(407)893- 3308. Sincerely, Vivian F. Garfeln Director of strict Management,/ Date: sct�i �a7�/1937d" VFG/dw/ssl cc: Will Evans, UIC,Tallahassee OLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2193 SAN DIEGO JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO LOS ANGELES 111 NORTH ORANGE AVENUE.SUITE 1800 TALLAHASSEE MADISON ORLANDO,FLORIDA 32801-2386 TAMPA MILWAUKEE TELEPHONE(407)423-7656 WASHINGTON D.C. SACRAMENTO FACSIMILE(407)648-1743 WEST PALM BEACH WRITER'S DIRECT LINE September 3, 1998 VIA FACSIMILE Kaye Collie Orange County Attorneys Office 315 East Robinson St., Ste. 650 Orlando, FL 32801 Re: City of Ocoee and Orange County adv. Vees Dear Kaye: J As you know the City of Ocoee City Commission had a closed session meeting Tuesday night to discuss current settlement negotiations between the City of Ocoee and Orange County to resolve the drainwell issues raised by the referenced lawsuit. In concept, the City Commission agreed to share with Orange County the costs of hooking up the Plaintiffs and their immediate neighbors to City water so that the drainwell could be opened. I was also directed by the City Commission to continue our negotiations, attempt to finalize them by September 9, 1998, and to extend a word of appreciation for the manner in which Orange County has cooperatively worked with the City to come to a resolution. In the interim, however, the City is concerned about rising water levels in Lake Johio and the threat of flooding to residential structures within the City of Ocoee. With Hurricane Earl brewing in the Panhandle and the rainy weather being experienced today, the City of Ocoee is acutely concerned about an emergency situation occurring over the upcoming Labor Day holiday weekend. The City of Ocoee respectfully requests that they be given a contact name and number for someone at Orange County over the holiday weekend. Should an emergency situation arise, the City of Ocoee intends to contact Orange County and request that Orange County open the drainwell to alleviate flooding in the Lake Johio area. If the County cannot or does not respond to the contact by the City of Ocoee within one hour the City intends to open the drainwell itself. ESTABLISHED 1 8 4 2 Kaye Collie September 3, 1998 Page 2 • I would appreciate it if you would provide me with the contact name and telephone number as soon as possible. Very truly yours, itlt,‘4A Ctit)%51-1) Mary�'Y tY MAD:dr cc: Vivian F. Garfein, DEP Ellis Shapiro, City Manager Jim Shira, City Engineer Paul E. Rosenthal, City Attorney C:\WPS1\DOCSIMAD\LTR\COLLIE.KA3I913/98I 18E011I MAD:dr Or E COUNTY ATTORI Y'S OFFICE INI THOMAS J. WIIrKES, County Attorney Please Reply To: q64 201 South Rosalind Avenue-5th Floor Litigation Section t ReplyTo:Post 081ceBox1393315 E.Robinson Street,Suite 650 C1�TY Orlando,Florida 32802 1393 Orlando, Florida 32801 GOVERNMENT (407)836-7320■Fax(407)836-5888 (407)836-7320 n Fax(407)836-2178 FLORIDA - 3 . RECEIVED September 4, 1998 SEP 8 1998 Mary A. Doty, Attorney at Law FOLEY & LARDNER Assistant City Attorney, . City of Ocoee Foley & Lardner P.O. Box 2193 Orlando, FL 32802-2193 Re: Lake Johio Drainwell 1 Dear Mary: In response to your. letter of September 3, 1998, it is the position of Orange County that the Lake Johio drainwell is the responsibility of the City of Ocoee. As such, Orange County will not be opening the drainwell. County staff is 1 sympathetic to the plight of the homeowners along Lake Johio, but we would remind you of the fact that there are approximately 35 homeowners whose water supply may be affected by the opening of the drainwell. On behalf of Orange County, let me also convey to you that we appreciate the City' s cooperation in meeting with County personnel to attempt to find a solution to this problem which is satisfactory to all affected homeowners. Hopefully, we can finalize our negotiations next week. 1 Vary truly yours, /4e akz.___ Kaye( Collie Assistant County Attorney 1 KKC/el cc: Vivian F. Garfein, Department of Environmental Protection Warren P. Geitch, Assistant County Administrator C:\OFFICE\WPWIN\WPDOCS\OCADWEE\LLTRDOTY.WPD 1 rOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2193 SAN DIEGO JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800- TALLAHASSEE MADISON • ORLANDO, FLORIDA 32801-2386 TAMPA MILWAUKEE TELEPHONE(407)423-7656 WASHINGTON D.C. SACRAMENTO FACSIMILE(407)648-1743 WEST PALM BEACH WRITER'S DIRECT LINE September 17, 1998 VIA FACSIMILE i Kaye Collie Orange County Attorneys Office 315 East Robinson St., Ste. 650 Orlando, FL 32801 Re: City of Ocoee and Oranze County adv. Vees Dear Kaye: As you know the City of Ocoee City Commission approved the Stipulated Settlement Agreement in this matter on September 15, 1998, the same day it was approved by the Orange - County Board of County Commissioners. On behalf of the City of Ocoee I extend sincere . . thanks for your efforts in working together to fmd a solution to the Lake Johio drainwell issue. Although the Stipulated Settlement Agreement provides a long-term solution to the drainwell problem, it will be several weeks before the City of Ocoee public water system will be available to the residents of Lake Flora Estates. In the interim, the City is concerned about rising water levels in Lake Johio and a threat of flooding to residential structures within the City of Ocoee. Once again we are facing weather predictions of possible tropical storms and/or hurricanes in the coming days. The City of Ocoee is acutely concerned about emergency situations occurring due to such a weather event. The City of Ocoee respectfully requests that Orange County commit to continue to provide drinking water to the Plaintiffs so that the City of Ocoee can open the drainwell should an emergency situation arise. 'ESTABLISHED 1842 • Kaye Collie September 17, 1998 Page 2 I would appreciate if you would provide me with a response on behalf of the County as soon as possible. Very truly yours, , Mary A. D ty MAD:dcn cc: Ellis Shapiro, City Manager (via facsimile) Jim Shira, City Engineer (via facsimile) Paul E. Rosenthal, City Attorney CAWPSIWOCRMAIXISMOLLIEKA319/17/911118E0311 MAD:den I- OLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2193 SAN DIEGO JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO } LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 TALLAHASSEE MADISON ORLANDO, FLORIDA 32801-2386 TAMPA MILWAUKEE TELEPHONE(407)423-7656 WASHINGTON D.C. SACRAMENTO FACSIMILE(407)648-1743 WEST PALM BEACH WRITER'S DIRECT LINE September 21, 1998 Ms. Vivian F. Garfein Department of Environmental Protection 3319 Maguire Boulevard Suite 232 Orlando, FL 32803-3767 Re: Lake Johio Class V Lake Level Control Well Dear Ms. Garfein: Our firm is legal counsel to the City of Ocoee. As you know, a number of Orange County residents in the Flora Estates subdivision have brought a declaratory judgment action against Orange County and the City of Ocoee regarding the ownership and maintenance responsibilities of the referenced drainwell. On September 15, 1998, both the Orange County Board of County Commissioners and the City of Ocoee City Commission approved a settlement agreement in the referenced litigation which provides for the transfer of the Lake Johio drainwell to the City of Ocoee and the installation of City of Ocoee water service to the plaintiffs located in Lake Flora Estates with connection costs to be paid by Orange County. We anticipate approval by the plaintiffs of this settlement agreement this evening. In the interim, however, the water level of Lake Johio continues to rise and the City of Ocoee is concerned that the situation could quickly become acute. Once the settlement agreement is executed by the plaintiffs it will still be several weeks before the plaintiffs will be able to connect to the City of Ocoee public water system. The City received a copy of your correspondence to Anna Hacha-Long, Orange County EPD, dated August 28, 1998, regarding the drainwell. In that letter you did not recommend the reopening of the Lake Johio drainwell at this time because there were no homes in imminent danger of flooding and reopening the well impacts the drinking water of the plaintiffs. The purpose of this letter is to advise you that the City of Ocoee may find it necessary, in the event of severe weather, to reopen the drainwell. Please be assured that the City of Ocoee does not intend to undertake such action without notification to the affected plaintiffs and assuring the provision of a potable drinking water supply to the plaintiffs. ESTABLISHED 1 8 4 2 Ms. Vivian F. Garfein 09/21/98 Page 2 We will be happy.to discuss these issues with you further at our meeting on September 24, 1998. Very truly yours, (k/LtAA/ Mary A. Doty MAD:dcn cc: Ellis Shapiro Jim Shira Kaye Collie Paul E. Rosenthal, Esq. 006.108512.1 FOLEY & LARDNER ATTORNEYS AT LAW ) CHICAGO POST OFFICE BOX 2 1 93 SACRAMENTO DENVER ORLANDO. FLORIDA 32802-2193 SAN DIEGO JACKSONVILLE III NORTH ORANGE AVENUE. SUITE 1 800 SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 32801-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAM PA MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON. O.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE (407) 244-3259 EMAIL ADDRESS MDoty@foleylaw.com September 23, 1998 VIA FACSIMILE and HAND DELIVERY Ms. Vivian Garfein Department of Environmental Protection 3319 Maguire Boulevard Suite 232 • Orlando, FL 32803-3767 Re: Lake Johio drain well Dear Ms. Garfein: Attached is correspondence from Devo Seereeram, the City of Ocoee's consulting geotechnical engineer, regarding the Lake Johio drain well. The lake elevation of Lake Johio is currently at 117.2, one foot below the published one hundred year flood elevation. The City of Ocoee Engineer estimates that flooding of residential structures in the Lake Johio area will occur at 119 feet. The City of Ocoee is now extremely concerned about the rising water elevations and the ability to control the water elevation. Mr. Seereeram's recommendation to the City is that bleed down holes be drilled immediately in the Lake Johio drain well, beginning a slow release of water. As you can see from Mr. Seereeram's correspondence, he is of the opinion that such action will not affect the drinking water supply of the plaintiffs nor the functioning of their wells. Given the hurricane predictions and the accompanying heavy weather that Central Florida is certain to receive as a result, the City of Ocoee is left with no choice but to implement Mr. Seereeram's recommendation this • 006.109084.1 ESTABLISHED 1842 FOLEY & LARDNER September 23, 1998 Page 2 afternoon. Please call me immediately if the Department of Environmental Protection is opposed to this action. Very truly yours, Gv Mary A. oty VIA FACSIMILE Cc: Ellis Shapiro, City of Ocoee, City of Manager Jim Shira, City of Ocoee, City Engineer Paul E. Rosenthal, Esq. Jay Jurgens, Esq. Kaye Collie, Esq. Warren Gelch, Orange County • 006.109084.1 F�::n:Dew Seereeram 407-298.9011 To:Mary Doty Date:9(2311998 lime:1:43:10 PM Page 1 of DEMO SEEREERAM, PH.D., P.E. CONSULTING GEOTECHNICAL ENGINEER -!" - •-' FLORIDA REGISTRATION No. 48303 //"/////7/1/7/ Geoteclmical Engineering • Ground Water Modeling • Software Development • Subcontract Drilling 5633 Partridge Drive •Orlando, Florida 32810• Phone:407-290-2371 •Fax:407-298-9011 e-mail:devoc iag.net GPS:N 28° 36'45.4" W 81°27'27.6" www.iag.net/—devo &www.iag.net/--devo2 Date: September 23, 1998 Devo's Project No. 98-121.33 To: Ellis Shapiro cc: Mary Doty City of Ocoee Foley& Lardner 150 North Lakeshore Drive lil North Orange Avenue Ocoee, FL 34761 i Orlando, FL 32801-2396 Phone: 656-2322,ext. 121 phone: (407) 423-7656 Fax: 656-8504 fax: (407) 648-1743 Ref: Recommendation to Resume Slow Release of Water from Lake Johio Into Drainage Well, Geotechnical Consultation on Lake Johio Drainage Well, Johio Shores Road,City of Ocoee,Orange County, Florida Dear Mr. Shapiro: Attached is a plot showing the current water surface elevation in Lake Johio.As noted,the lake level rose to within 1 ft of the published 100 year flood elevation on September 22, 1998. With the current hurricanes in the Atlantic Ocean (Hurricanes Georges and Jeanne, and Tropical Storm Ivan), the current situation may pose a flooding threat to some of the lake-side residential structures. Given the present situation, I recommend that Option 2 of my previous memo dated August 21, 1998 be implemented immediately. For the convenience of the reader, this option is repeated below: 9 Drill two (2) or more 3-inch diameter bleed down holes in the temporary well sleeve to lower the lake level through the drainage well. The invert of the holes should be at elevation +115.ft(the same as the original drainwell construction). This modification will allow a slow release of water into the well which will prevent air-related problems in the nearby drinking water wells. Pag.1 of 2 Fr,n:Devo Seereeram 407-298-9011 To:Mary Doty Date:9123/1998 lime:1:43:10 PM Page 2 of 3 Based on the results of our previous survey and research, the slow release of water into the drainage well does not appear to create a water quality or air-related problem in the neighboring drinking water wells. Such problems become apparent when the well is flowing full. Note that this drainage well has apparently been flowing at a slow, constant rate for most of the 1994 to 1996 above-average rainfall period without any complaints from the county residents. At this stage, I would recommend that one (1) 3-inch diameter orifice be drilled in the casing as soon as possible. Another similar orifice can be added within the next day or two after we observe the performance of the well. Let me know if you need one of our technicians onsite to monitor this work. Feel free to contact us if there are any questions or if any clarifications are needed. Sincerely, a gm Ira Wan% Devo Seereeram, Ph.D., P.E. Florida Registration No. 48303 Date: September 23, 1998 • Page 2 of 2 CI `o n m A a Figure 1. Lake Johlo Water Surface Elevations Since Drainage Well Was Temporarily Blocked 119.0 - 118.5 --. - -- -- - - ----- . 118.0 -- - 100 yr flood note:Lake Johio rose to an elevation of+122.8 in 1960 just 0 117.5 _before Hurricane Donna,prior to Installation of the dralnwell ._ - ii I117.0 — .118.5 —118.0 — normal water level 115.0 _ .. - -. iiiime—• .__40.--' OD-411-_,........... i drainwell Invert g 114.0 28-Mar 09-Apr 23-Apr 07-May 21-May 04-Jun 18-Jun 02-Jul 18-Jul 30-Jul 13-Aug 27-Aug 10-Sep 24-Sep 0 r- o N 14. O Lake level Invert of drainwell --- 100 yr flood --- Normal Water Level 8 6 0 g • 1L "C.1 NTF_R OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR*COMrAR9iint S.SCO1T VANDERGRIFT Ocoee • Ocoee CITY OF OCOEE 5comkessiorams " .. T ANDERSON , 2 150 N.LAKESHORE DR1vr SCOTI'A.CLASS • OCORR+,FLORIDA 34761-2258 NANCY J.PARKER ei o (407)656-2322 ♦'�f �� CITY MANAMA �*Of GOO`> ELLIS SHAPIRO September 23, 1998 TO THE RESIDENTS OF THE UNINCORPORATED JOHIO SHORES ROAD AREA: Due to the serious nature of potentially threatening weather associated with Hurricane Georges, the City of Ocoee finds it necessary to partially open the Lake Johio drain well. This action may cause some degradation of your drinking water supply. Orange County has advised us that they will continue to provide drinking water to anyone who requests it. To that end, we want to provide you with the Orange County contact person for that purpose. Please call Assistant County Administrator Warren Geich at 836-7370. Sincerely, 41/ Ellis Sha.f City Manager ES:jb �/� f Are . fu.uw. ... .... J-_ r_-_ -_ _ • - FOLEY & LARDN ER ' ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2193 SACRAMENTO DENVER - ORLANDO, FLORIDA 32802-2 I93 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE. SUITE 1 800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 3280 I-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAMPA MILWAUKEE FACSIMILE: (407)648-I 743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE 423-7656 EMAIL ADDRESS CUENT/MATTER NUMBER mdoty@foleylaw.com 020377/0460 October 2, 1998 VIA FACSIMILE J.A. Jurgen 305 Wekiva Springs Road Suite 800 Longwood, FL 32779' Re: City of Ocoee and Orange County adv. Vees Dear Jay: Over two weeks ago I forwarded to you two original copies of the Stipulated Settlement Agreement approved by the City of Ocoee and Orange County on September 15, 1998. To date you have not provided me with any written response regarding the acceptability of this agreement by your clients. Please provide me with this response as soon as possible. Very truly yours, *A/ (1 Mary A. D ty MAD:dr cc: Ellis Shapiro, City Manager. Kaye Collie, Esq. Paul E. Rosenthal, Esq: 006.110520.1 - ESTABLISHED 1842 A MEMEER OF GLOEALEX WITH MEMEER OFFICES IN BERUN.BRUSSELS.DRESDEN.FRANKFURT.LONDON.SINGAPORE.STOCKHOLM AND STUTTGART Oct-07-98 02 52P J-A.JURGENS,P.A. 407 772 2278 p.02 J. A JURGFNS, P.A. Attorneys at Law 505 Wekiva Springs Road J. A.jurgens, Esquire Suite 800 Scott M. Price, Esquire Longwood, Florida 32779 Telephone (407) 772-2277 Facsimile (4)7) 772-2278 October 7. 1998 VIA FACSIMILE TRANSMISSION 407-648-1743 Marty A. Doty, Esquire Foley&Lardner P. O. Box 2193 Orlando, FL 32802-2193 • Re: Vees v.Orange County& City of Ocoee C198-3144 Dear Mary: After a meeting between all of the Plaintiffs,they have elected to reject the City's and the County's offer as it is now written. Plaintiffs object to the breadth of the language in the release clause as well as to the provision denying them attorneys' fees. We are in the process of receiving approval from all Plaintiffs' as to a counteroffer r which would consist of revised language in the release clause as well as a provision requiring the City and the County to share the costs of the Plaintiffs attorneys' fee. Attorneys' fees to this point are less than$2,000.00. With regards to the release clause, Plaintiffs main concern is with the possibility that someone will become ill as a result of the contaminated water. With regard to the attorneys' fees, Plaintiffs are quite upset with the unsatisfactory and unequal treatment they feel they have received from the City and the County. Plaintiffs made numerous phone calls to City and County staff with no result. It was only upon the hiring of an attorney that Plaintiffs received due attention. When compared to the residents who live adjacent to Lake Joliio who complained of flooding on their property,they received prompt results having only made a few phone calls and without having to sign a release clause. This has left Plaintiffs with the view that the hiring of an attorney was unnecessary had the City and the County been more willing to listen to these less affluent residents and as such,the Plaintiffs feel the City and County should bear the cost of Plaintiffs attorneys' fees. Upon approval by the Plaintiffs of a revised release clause,expected in the next few days, the same will be submitted to your office. Additionally, Plaintiffs would like to see some minor revisions in the language of the settlement agreement. The Stipulated Settlement Agreement states in part that'Plaintiffs will be billed by the City of Ocoee for their monthly water services at the rate applied to non-City residents". Plaintiffs would like added after that, "for as long as they are non-City residents". Additionally,Plaintiffs would like all seven day deadlines extended to thirty day deadlines. Lastly,Plaintiff's have been informed by City personnel that as a result of being connected to City water they would be required by federal law to hook up to City sewer once it is available to the residents. In the event this turns out to be the case,Plaintiffs do not wish to pay the resulting impact fee if they are forced to hook up to the City sewer service. A provision should be xddcd to the agreement to address this concern stating that the City and County will cover any impact and hridircAID fig if Vlintiffs are forced to hook up to SAWlrr Nervier . Oct-07-98 02:52P J.A.JURGENS,P.A. 407 772 2278 P.03 if you have any questions or concerns, please don't hesitate to call. Sincerely, • J.A. JURGENS, P.A. Ate<tv,a, Scott Price,Esquire SP:Ik cc: Kaye Collie, Esquire(via facsimile) Cindy Vees(via facsimile) r• WARREN GEL�'CT' Assistant County Administrator r, 201 SOU ill Rosalind Avenuc .eply To: Post Office Box 1393.Orlando, Florida d02-1393 (407)836-7370•FAX(407)836-7399• E•Mail: eanasdl@cilizens-iirst.co.orangeAus mdix COUNTY GOVERNMENT , FLORIDA October 30, 1998 Paul and Cindy Vees 2807 Johio Shores Road Ocoee, Florida 34761 Dear Mr. and Mrs . Vees : Some months ago, a few of your neighbors in the Flora Estates Subdivision began experiencing problems with the quality of their well water. The timing of these problems coincided with the unusually heavy rains Central Florida experienced last winter. The homeowners believed that a drainwell, which is located within the right-of-way of Johio Shores Road, was responsible for the water problems they were having. Representatives from Orange County and the City of Ocoee made some preliminary investigations in an effort to determine if the drainwell could be the source of the problems . However, both governments soon learned that it would take extensive testing to be able to establish that the drainwell was causing the water problems . The cost of this testing would probably exceed $50, 000, and there were no assurances that the tests would conclusively locate the source -of the problem. Further complicating the issue is the fact that some homeowners experienced no water quality problems while others had serious problems, leading the experts to believe that there may be more than one cause for the problems . Officials from the County and the City decided that rather than spend tax dollars attempting to determine the cause of the problem, it would be far wiser to put these dollars towards a solution. As a result, the Board of County Commissioners of Orange County and the City Council of the City of Ocoee entered into an agreement whereby the City will extend its water lines along the' streets of Maulden Road, Florence Street, Ashville Street and Lake Street between New Victor Road and Old Silver Star Road to allow property owners within the Flora Estates Subdivision to hook up to City water if they so desired. Paul and Cindy Vees October 30, 1998 Page 2 Orange County has agreed to pay the connection fees which ordinarily would have to be paid by each homeowner as a condition to being connected as well as the cost of running water lines from the street to each house. The cost of these improvements is in excess of $120, 000 . Each homeowner choosing to hook up to City water will be responsible for paying a monthly water service bill which will include a nonresident surcharge since Flora Estates Subdivision is not located within the city limits of the City of Ocoee. That surcharge cannot be waived by the City. The amount of the surcharge is based upon the total monthly water usage and can be determined by use of the enclosed sheet supplied by the City. Should you choose to connect to City water, you may still use your well for irrigation purposes . The City and County need to know if you are interested in connecting to City water. If there is not sufficient interest shown by the Flora Estates homeowners, it will be senseless to extend the water lines to the subdivision. A form has been enclosed which can be signed by you and returned to Orange County to indicate whether you wish to be connected to City water. This form must be returned to me no later than November 27, 1998 . A number of homeowners have stated that they did not receive notification of a meeting which was held on October 21, 1998 at Ocoee City Hall where City and County staff met with residents to discuss the issues pertaining to this connection agreement. Therefore, a second meeting will be held on November 6, 1998 at 7 : 00 p.m. in the City Council Chambers, at the Ocoee City Hall located at 150 N. Lakeshore Drive, Ocoee, Florida. All homeowners in the Flora Estates Subdivision are invited to attend. We urge you to attend if you have any questions for City or County staff or wish. additional information. Very truly yours, Warren Geltch Assistant County Administrator encl C:\OFFICE\WPWIN\WPDOCS\OCADVVEE\LTVEES.WPD 2 r 410 City of Ocoee October 21, 1998 Utility Billing Water Rates Outside City Limits The following illustrates your bill for consumption as indicated: Thousands Base Water Total of Gallons Rate Consumption Rate Tax Bill 1 8.75 > .,< _-_ 0.75 0.95 10.45 2 8.75 1.50 1.03 11.28 3 8.75 2.25 1.10 12.10 4 8.75 3.00 1.18 12.93 5 8.75 3.75 1.25 13.75 6 8.75 4.50 1.33 14.58 7 8.75 5.25 1.40 15.40 8 8.75 6.00 1.48 16.23 9 8.75 6.75 1.55 17.05 10 8.75 7.50 1.63 17.88 11 8.75 8.25 1.70 18.70 12 8.75 9.00 1.78 19.53 13 8.75 9.75 1.85 20.35 14 8.75 10.50 1.93 21.18 15 8.75 11.25 2.00 22.00 16 8.75 12.40 2.12 23.27 17 8.75 13.55 2.23 24.53 18 8.75 14.70 2.35 25.80 19 8.75 15.85 2.46 27.06 20 8.75 17.00 2.58 28.33 21 8.75 18.15 2.69 29.59 22 8.75 19.30 2.81 30.86 23 8.75 20.45 2.92 32.12 24 8.75 21.60 3.04 33.39 25 8.75 22.75 3L15 34.65 26 8.75 24.31 3!31 36.37 27 8.75 25.88 3146 38.09 28 8.75 27.44 3.62 39.81 29 8.75 29.00 3,78 41.53 30 8.75 30.56 3.93 43.24 31 8.75 32.13 4109 44.96 . 32 8.75 33.69 4.24 46.68 33 8.75 35.25 4.40 48.40 34 8.75 36.81 4.56 50.12 35 8.75 38.38 4.71 51.84 Check appropriate box: [ ] I (we) hereby elect to connect to Ocoee city water. I (we) understand that the costs for connecting to city water will be borne by Orange County and the City of Ocoee as more particularly described in your letter to me (us) of October 30, 1998, and that I (we) will be responsible for payment of a monthly water service bill which will include a nonresident surcharge for non-city residents. [ ] I/we do not wish to be connected to the City of Ocoee water supply. Signature Signature Printed Name Printed Name Date Date THIS FORM MUST BE RETURNED BY NOVEMBER 27, 1998. C:\OFFICE\WPWIN\WPDOCS\OCADWEE\HOCONSEN.WPD Sent By: City of Ocoee; 4078567835; Dec-28-98 11 :06AM; Page 2/3 .t .fir Department of Environmental Protection . Central District Lawton Chiles 3319 Maguire Boulevard,Suite 232 Virginia B.Wetherell Governor Orlando, Florida 32503-3767 Secretary Ellis Shapiro, City Manager City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 Orange County-UIC Lake'olio C a s V Lake Level Control Well Dear Mr. Shapiro: It has been the Department's understanding that in the event there were a sufficient number of interested residents,the City would be providing municipal water service to residents in the vicinity of Lake Johio. Mary Doty of Foley&Lardner(attorney for the City of Ocoee)informed this office earlier today that a sufficient number of residents had, indeed, shown such an interest. Ms. Doty also expressed concerns regarding the status of the-lake level control at Lake Johio. Please be ad'ised that provided the drinking water issues at Lake Johio are resolved,the Department intends to allow the lake level control well to continue to exist and operate. Please inform the Department when work on the related drinking water piping wall be completed and when the municipal service is expected to be provided to the affected residents at Lake Johio. Please respond to this letter within ten days of receipt hereof Should you have any questions, please contact Duane Watroba at(407)893-3308. . Sincerely, Vivian F. Garfein Director of District Management !r; Dat /e9 "Protect,Conserve and Manage Florida's Environment and Natural Resources" Ported on recycled P*Prr. Sent By: City of Ocoee; 4076587835; Jan-29-99 4:38PM; Page 1 -_To: FOLE At: 984817Aq • I 01 '..1• p :: : ::� Department of �` r .. ` `e :a-_x= Environmental Protection Central District �^ I Lawton Chiles 3319 Maguire Boulevard,Suite 232 �': Governor Orlando,Florida 32803-3767 At al.' 11 CERTIFIFI7 MATT, l 1 Z 491 297 425 . �, — ELLIS SHAPIRO CITY MANAGER OCD-GW-99-0003 CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OCOEE FL 34761 Orange County-UIC • Lake Tnhio Class V Lake L.cvcl Control Wc11 • Dear Mr. Shapiro: Please review the Department's enclosed letter of December 22, 1998. '1'o date, you have not responded to this letter. The Department remains concerned regarding the status of the - municipal water service in the Lake Johio area. Please be reminded that the fate of the above referenced Class V lake level control well remains uncertain while the drinking water issues at Lake Johio are negotiated. Please respond to this letter within ten days of receipt hereof. As asked in the enclosed letter, please inform the Department when work on the related drinking water piping well be completed and when the municipal service is expected to be provided to the affected residents at Lake Johio. Should you have any questions,please contact Duane Watroba at(407)893-3308. Post LC Fax Note 7671 Wed° TO ISM AY. Zoo 7-y Fr"' r1 i Sincerely, CoIDept. co. Phone• phone* / e Z/ Fitt# Fax a Vivian F. Garfein Director of District Management NO d. Dater 0 ;/r9 7 VFGIdwlcs Enclosure cc: Will Evans, UIC,TalInhaccee "Protect,Conserve and Manage Florida's Environment and Natural Resources" Printed on reeled paper. FOLEY & LARDN ER . ATTORNEYS AT _ A W CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO. FLORIDA 32802-2193 SAN DIEGO JACKSONVILLE II I NORTH ORANGE AVENUE.SUITE 1800 SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 32801-238e TALLAHASSEE MADISON TELEPHONE: (407)423.7856 TAMPA MILWAUKEE FACSIMILE: (407)648-1.743 WASHINGTON. D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT UNE 423-7656 EMAIL ADDRESS CUENT/MATTER NUMBER mdoty@foleylaw.com 020377/0460 February 5, 1999 Ms. Vivian F. Garfein Department of Environmental Protection 3319.Maguire Boulevard Suite 232 Orlando, FL 32803-3767 Re: Lake Johio Class V Lake Level Control Well Dear Ms. Garfein: The City has received your letter of January, 25, 1999 regarding the status of municipal water service in the Lake Johio area. The City of Ocoee remains committed to the installation of City water lines to the residents of the Flora Estates subdivision, and the City is prepared to issue a notice to proceed to its contractor. As you know, however, this is a joint project between the City of Ocoee and Orange County. The Orange County Board of County Commissioners approved the payment of the residents' connection fees in an effort to settle pending litigation. That litigation has now been dismissed by the Court and the timeframe for refiling has lapsed. While we believe the Orange County staff also remains committed to this project, the Orange County legal department felt it necessary to confirm approval from the Orange County Board of County Commissioners now that the litigation is no longer pending. It is my understanding that this matter will be placed on a consent agenda before the Board of County Commissioners in the next few weeks. Once the Orange County Board of County Commissioners has reconfirmed its comitment to this project, the County and the City will be prepared to proceed with the installation of City water lines. - Ms. Vivian F. Garfein February 5, 1999 Page 2 It is anticipated that the installation of the water lines will be completed within 90 to 120 days from the date of the notice to proceed. Please call me if you have any questions. Very truly yours, DC2--) M A Doty tY MAD:dr cc: Ellis Shapiro, City Manager, City of Ocoee James Shira, City Engineer, City of Ocoee Kaye Collie, Assistant Orange County Attorney Paul E. Rosenthal, Esq. 006.108512.1 "CE.._.:R OF GOOD LIVING-PRIDE OF WEST ORANG.. ' MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS o CITY OF O C OEE DANNY xowELL .x `y .• 150 N.LAKESHORE DRIVE SCOTT ANDERSON RUSTY JOHNSON G' OCOEE,FLORIDA 34.761-2258 NANCY J.PARKER n 3,_ (407)656-2322 + }ipCITY MANAGER �y1c4Of 00 ELLIS SHAPIRO GO April 9, 1999 Dear Resident: Several months ago, a few of your neighbors in the Flora Estates subdivision began experiencing problems with the quality of their well water. The timing of these problems coincided with unusually heavy rains in central Florida. Those homeowners believe that a drain well, which is located within the right-of-way of Johio Shores Road, was responsible for the water problems they were having. Those residents then brought a lawsuit in Orange County Circuit Court against the City of Ocoee and Orange County seeking a determination as to which governmental entity owned the well. In an effort to resolve that litigation, the City of Ocoee and Orange County Commissions approved an agreement whereby the City would extend its water lines along the streets of Mauldin Road, Florence Street, Ashville Street and Lake Street between New Victor Road and Old Silver Star Road and the County would pay to hook residents up to the City water lines. This litigation, however, has been dismissed by the Court and the time for refiling by those plaintiffs has lapsed. The Orange County Board of County Commissioners, in action taken on March 16, 1999, reaffirmed its commitment to fund water hookups to the City of Ocoee water lines. Now the City of Ocoee City Commission must reevaluate its commitment to extend water lines absent pending litigation. The City staff remains fully committed to the project and we have no reason to believe that the City Commission is not. It is necessary, however, to secure City Commission authorization of this expenditure of funds absent pending litigation. We intend to take this issue to the City Commission at its May 4, 1999 meeting. In order to fully inform the City Commission as to the decision it will be making, it is necessary to determine whether the residents of Lake Flora Estates are willing to execute the attached release in exchange for being connected to the City's water supply. Please review the attached Release and indicate below whether you would be willing to sign such a Release. Please mail your responses back to the City by April 24, 1999. Please call me if you have any questions. . Very truly yours, - i o, City Manager coee Yes,I(we)am(are)willing to sign the attached Release. No,I(we)am(are)not willing to sign the attached Release. J Name Address RELEASE AND HOLD HARMLESS AGREEMENT I (we) hereby forever release and hold harmless the City of Ocoee and Orange County from any claims and causes of action arising from or related to the drain well located within the Johio Shores Road right-of-way just north of New Victor Road through the date of this Release. Dated this day of 1999. Printed Name: Printed Name: Subscribed and sworn to before me this day of 1999, by , who [ ] is personally known to me, or [ ] produced as identification. Signature of Notary Printed Name: Commission Expires: Subscribed and sworn to before me this day of 1999, by , who [ ] is personally known to me, or [ produced as identification. Signature of Notary Printed Name: Commission Expires: 006.120698.1 Name Title Addressl Address2 Address3 CityStateZip Fname _ W. C. & Dorothy E. 2849 Johio Shores Road Ocoee, FL 34761- Davis 0638 Anna L. Davis 2832 Mauldin Road Orlando, FL 32818- 9013 Hal Johns 2812 Mauldin Road Orlando, FL 32818- 9013 Russell G. Roberts 2801 Johio Shores Ocoee, FL 34761- Drive 9026 James R. Chasteen III 2650 Florence Street Orlando, FL 32818- 9015 Jody L. Lynn 2638 Florence Street Orlando, FL 32818- 9015 Helen L. Johnston 2626 Florence Street Orlando, FL 32818 Eleanor Kotlik 8867 Old Silver Star Orlando, FL 32818- Road 9010 Mavis A. Allen 2805 Mauldin Road Orlando, FL 32818- 9014 Edward & Helen D. 2881 Mauldin Road Orlando, FL 32818- Lee 9014 Howard E. & Susan J. 2688 Ashville Street Orlando, FL 32818- Davis 9017 Irvin S. & Betty J. 2680 Ashville Street Orlando, FL 32818- Suggs 9017 George F. Draughon, 2616 Ashville Street Orlando, FL 32818- Jr. 9017 Frederick G. & 8833 Old Silver Star Orlando, FL 32818- Priscilla Frair Road 9074 Ernest E. & Lil 2633 Florence Street Orlando, FL 32818- P. Name Title Addressl Address2 Address3 CityStateZip Fname Herndon 9016 _ Gary & Sandy Thomas 2641 Florence Street Orlando, FL 32818- 9016 Paul F. & Marjorie H. 2695 Ashville Street Orlando, FL 32818- Smith 9018 _ Gordon C. McCall 2656 Lake Street Orlando, FL 32818- 9001 Todd Paquette & (8717 Silver Star Road) 2614 Lake Street Orlando, FL 32818- Michael Trawick 9001 Donald L. & Kathleen 2655 Ashville Street Orlando, FL 32818- Henderson 9018 William C. & Dorothy (2827 Johio Shores P. O. Box 638 Ocoee, FL 34761- Davis Road) 0638 Wiley, James W. (2676 Florence Street) 1708 Edmundshire Orlando, FL 32812- Road 2759 Edward & Helen D. (2682 Florence Street) 2881 Mauldin Road Orlando, FL 32818- Lee - 9014 Donald L. & Jane D. (2649 Florence Street) 2209 Tupelo Orlando, FL 32808- Jernigan 4225 William H. & Lillian (2681 Florence Street) 406 Apricot Drive Ocoee, FL 34761- Boyd 2406 Arietta McAteer (2601 Ashville Street) 1350 S. E. 52`d Ocala, FL 34471- Court _ 5012 c:/all_data/word/attorney/Misc Data - Johio S Wells.doc 4-30-1999 10:05AM FROM CITY OF Of-TIFF 407656850d P. 2 ��•+�JJ AO.J.. 4e,Jey' ..ibb FL •D P CE7NTRl PAGE 01 .• • ; .:.:'- . Department of Environmental Protection Central District. Jett Bush 3319 Maguire Boulevard.Suite 232 David 8 Sauk Governor Orlando.Florida 32803-3767 CERTIFIED MAIL • RETURN RECEIPT RUQUESTED • Z 227 220 27.3 EI.LIS SHAPIRO CITY MANAGER OCD-GW 99-0026 • CITY OF OCOEE 150 NORTH LAKFSI;IORE DRIVE . OCOEE FL 34761 • Orange County.UIC Lake Johio Class V Lake Level Control Well • Dear Mr.Shapiro: • • The Department is in receipt of your April 9, 1999 letter to the residents of Flora Estates regarding the quality of their well water and the above referenced drainage well. The Department is concerned that ownership of the drainage well has still not been established and that plans to provide municipal water to the affected Flora Estates residents have not been finalized. In the event these issues are not- resolved during the May 4, 1999 City Commission meeting,the Department intends to treat the well • as a problematic abandoned well and pursue final closure (plugging and abandonment) of the well. Please be advised that if this is to be done,the Department would closely coordinate the effort with the St Johns River Water Management District(SJRWMD)Orange County and the City of Ocoee. • • Should you have any questions,please contact Duane Watroba at(407)893 3308. • • .- Sincerely, • PosGir Fax We 76/1 1).1' j_9rie ' • • mit44.4[ cNa¢pi2o tram 04ro.,vdW c""P`C o esF aelp. ca toesA Peons* Phanap7 3 Nolr Fa '(Da 3 F't' 1972966 Vivian F. CYarFein gcDirector of District Management • • • Date: gq4 /g77 VFG/dwrtrb • . cc: Will Evans,P.O.,VIC,Tallahassee Deodat Budhu,P.E.,Orange County • Cammie Dewey,P.E.,SJRWMD,Orlando • "Prate eanserve and Manage AMda's Emtmituninent and Natiued des" Primed en nsyde/pow. F O L EY & LARD N ER ATTORNEYS A T LAW CHICAGO POST OFFICE BOX 2193 SACRAMENTO DENVER ORLANDO. FLORIDA 32802-2 1 93 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE. SUITE 1600 SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 3260 I-2366 TALLAHASSEE MADISON TELEPHONE:(407)423-76515 TAMPA MILWAUKEE FACSIMILE:(407)C46-1743 WASHINGTON.D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT UNE 423-7656 EMAIL ADDRESS.. CUENT/MATTFR NUMBER mdoty@foleylaw.com 020377/0460 May 3, 1999 Via Facsimile & Refular Mail Ms. Vivian F. Garfein Department of Environmental Protection 3319 Maguire Boulevard, Suite 232 Orlando, FL 32803-3767 Re: Orange County- UIC Lake Johio Class V Lake Level Control Well Dear Ms. Garfein: The City is in receipt of your letter dated April 29, 1999 regarding the Lake Johio Class;- V Lake Level Control Well. PIease be advised that the issue of the provision of municipal water-.- to the affected.Flora Estates residents is not on the May 4, 1999 City Commission meeting.due-to_ matters of logistics. As of the date of the agenda deadline for the May 4 meeting the City had_: received only a few responses from the Flora Estates residents. The decision made was to.defer discussion of the_issue to the May 18 City Commission agenda in.order to allow additional_ response time. I discussed this issue with Duane Watroba of your office on April 30, 1999. Mr: Watroba indicated:that the Department would defer any action on the Lake Johio Class V lake_= drain well until after the City of Ocoee City Commission meeting on May 18, 1999. Please call me if you have any questions. Very truly yours, a MaryCA. Doty d')/) Assistant City Attorney MAD:dr cc: Ellis Shapiro, City Manager, City of Ocoee Duane Watroba, DEP E S T A R L I S M E n -7 A A 2