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HomeMy WebLinkAboutVII(E1,2,3) Third Amendment To Orange County/City Of Ocoee Sewer Service Territoral Agrement) 2. Second Amendment To Orange County/City Of Ocoee Water Service Territoral Agreement) 3. First Reading: Ordinance No. 2001-17, Amending Chapter 173 Agenda 6-19-2001 Item VII E 1,2,3 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR G COMMISSIONER 00,C0ee S. SCOTT VANDERGRIFT CITY OF OCOEE COMMISSIONERS DANNY HOWELL 150 N.LAKESHORE DRIVESCOTT ANDERSON OCOEE,FLORIDA 34761-2258RUSTY JOHNSON NZ (407)905-3100 NANCY J.PARKER ACTING CITY MANAGER JIM GLEASON Memorandum Date: June 7, 2001 TO: The Honorable Mayor and Board of City Commissioners FROM: Richard Lee, Engineer I, Engineering/Utilities Department g L THRU: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Utility Service Area Agreement Attached for your review and action is the Orange County / City of Ocoee Utility Service Area Agreement. It is comprised of the Third Amendment to Sewer, Second Amendment to Water, Exhibit A (Legal Descriptions), Exhibit B (Depiction of new Boundary), and the new Ordinance that modifies the surcharge for residents living within the County but served by the City's Utility System. On February 15, 2000, the City of Ocoee approved the Second Amendment to the water agreement and the Third Amendment to the wastewater agreement. The amendments were suppose to be approved by the Orange County Commission, but were rejected by the County because of their objection to Ocoee's requirement for a surcharge on non-resident customers. Since then, a new surcharge amount was introduced to reduce the amount of surcharge from 25% to 20% and then further reduce it by 1% per year over five years to 15%. In addition, several pieces of land have been purchased or have been proposed for development and the need to further amend the City's Service Area boundary also became a concern. On January 26, 2001, a memorandum to the City Commission was written in the form of a request to Amend the Service Area Boundary and introduce the new Ordinance that stipulated the new surcharge rates as mentioned above. This memo was approved by the Commission on February 16, 2001 and staff was directed to proceed with amending the service area boundary, and drafting a new Ordinance that describes the new surcharge on non-resident customers. Attached hereto are the relevant documents for the aforementioned. \. PAW ‘, Protect,6ace'sWater t'esources: "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT �_ CITY O F OCOEE O EE DANNY HO ERS O ,�� � 0 COMMISSIONERS a 150 N.LAKESHORE DRIVE ELL SCOTT ANDERSON OCOEE,FLORIDA34761-2258 RUSTY JOHNSON �yj ' ��Co �' (407) 905-3100 NANCY J.PARKER Fp O; 0 009`` CITY MANAGER JIM GLEASON In order to complete the process of the Agreement between the County and the City, the following action items are needed. b City of Ocoee's approval of the Second Amendment to Water b City of Ocoee's approval of the Third Amendment to Sewer b City of Ocoee's approval of new Ordinance (surcharge for non resident customers) In accordance with the following procedures, I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached documents. Upon execution by the City, the appropriate documents will be forwarded to Orange County for their approval and execution. JWS/rl Attachments cc: David A. Wheeler, P.E., Assistant City PowTikE:. Agenda 6-19-2001 'Item VII E 1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Scott A.Cookson,Esq. FOLEY&LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 THIRD AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT (CONTRACT NO. S-87-8) THIS THIRD AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT (this "Third Amendment") is made and entered into this day of , 2001, by and between ORANGE COUNTY, a political subdivision of the State of Florida (hereinafter "County") and the CITY OF OCOEE, FLORIDA, a municipality created under Florida law and located in Orange County, Florida (hereinafter"City"). WITNESSETH: WHEREAS, the County and Prima Vista Utility Company, Inc., ("PVU"), entered into that certain Orange County/City of Ocoee Water Service Territorial Agreement formerly known as the Orange County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement (Contract No. S-87-8) dated June 8, 1987, as recorded on June 10, 1987, in Official Records Book 3894, Page 1363, Public Records of Orange County, Florida, which was assigned by PVU to the City by virtue of that certain Assignment of Sewer Service Territorial Agreement dated November 30, 1987 (collectively,the"Agreement"); and WHEREAS, the City and the County also entered into that certain First Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement ("First Amendment") dated February 11, 1994, by and between the County and the City, as recorded on February 23, 1994 in Official Records Book 4702, Page 2589 Public Records of Orange County,Florida; and WHEREAS, the City and the County also entered into that certain Second Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement (the "Second Amendment") dated February 2, 1999, by and between the County and the City, as recorded on December 7, 1999 in Official Records Book 5896, Page 3531, Public Records of Orange County, Florida (the Agreement, the First Amendment and the Second Amendment hereinafter collectively referred to as the"Sewer Service Agreement"); and 006.195790.2 WHEREAS,the City and the County desire to modify and alter the Territorial Boundary, as that term is defined in the Sewer Service Agreement, in accordance with the provisions set forth herein; and WHEREAS, Section 4 of the Sewer Service Agreement provides that the City and the County may increase or decrease the Utility's Potential Contract Territory by written consent of both parties and upon any necessary approvals, certificates, or amendments thereto that may be required by any governmental agency or body having jurisdiction thereof under applicable law; and WHEREAS, the City and the County recognize that this procedure is unnecessarily cumbersome when small Territorial Boundary changes are required; and WHEREAS, the County desires and the City agrees to reduce the City's twenty-five percent (25%) surcharge imposed on those County residents receiving sewer services from the City who are not City residents down to twenty percent (20%) and then further reduce the surcharge one percent (1%) each year for five consecutive years; and WHEREAS, this Third Amendment fulfills the requirements set forth in Section 4 of the Sewer Service Agreement and has been approved by the governing boards of each party. NOW, THEREFORE, in consideration of the mutual premises contained herein, and other consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the County hereby agree as follows: 1. The above recitals are true and correct and are incorporated hereby by this reference. 2. The Exhibit "A" attached to the Sewer Service Agreement is hereby deleted in its entirety, and the new Exhibit "A" attached hereto describing the Territorial Boundary, and the new Exhibit `B" depicting the Territorial Boundary are incorporated by this reference into the Sewer Service Agreement. Notwithstanding the foregoing, each parcel within the property depicted as "Area 1" in Exhibit "B" will continue to receive sewer services from the County until such time as that parcel is acquired by the West Orange Healthcare District, Inc. or a related or successor entity of the West Orange Healthcare District, Inc. (the "Hospital"). At the time the Hospital acquires the adjacent parcels depicted as "Area 1" in Exhibit "B", the parties hereto will sign a Letter Agreement consistent with Section 3 below to account for the transfer of sewer service to the City. 3. Section 4 of the Sewer Service Agreement is hereby modified by the addition of the following subsections: 006.195790.2 -2- 4.1 Alteration of Territorial Boundary. Recognizing that future circumstances coupled with good engineering practice and economical operation may necessitate alterations to the Territorial Boundary as herein described, the parties hereby agree that such Territorial Boundary may be altered by mutual consent. The Territorial Boundary may be altered to transfer up to twenty (20) acres by written letter agreements signed by both the County's Director of Public Utilities and the City's Director of Utilities. For boundary alterations transferring greater than twenty (20) acres, the party desiring such alteration of Territorial Boundary shall prepare documents fully describing such alteration, which documents must be approved by the governing boards of each party as amendments to this Agreement. The documents shall provide the legal description of the proposed new Territorial Boundary to amend Exhibit"A" attached hereto. 4.2 Customer Transfer. Should the Territorial Boundary be altered in accordance with Section 4.1 herein, the County shall transfer to the City, and the City shall transfer to the County, by direct transfer, all customers now or hereafter served by either which are not in their respective service areas; and all such transfers shall be made on a basis conformable to sound and economical engineering and operating practices. The City and County will cooperate to ensure a smooth transfer of the customers. 4.3 Time. The transfer of customers hereunder shall take place after the execution of the letter agreement or amendment as set forth in paragraph 4.1 herein,when the party acquiring the Customers advises the other party of his ability to provide the required service. No additional Connection Fees will be charged to the customers receiving service at the time of the letter agreement or amendment and so transferred to the City or the County. 4. Notwithstanding anything contained herein or in the Sewer Service Agreement to the contrary, in the event either party to the Sewer Service Agreement is the fee owner of real property located in the other party's sewer service territorial area, then the party/owner of such real property may obtain, at such party/owner's sole option, sewer service from either the City Territorial Area or the County's Territorial Area. This provision shall be personal to the parties and shall not apply to the successors or assigns of the parties'hereto. 5. The City agrees to proceed with the procedures necessary to adopt an Ordinance which would amend Section 173-5.1 of the Ocoee City Code so as to reduce the surcharge imposed on those County residents receiving sewer services from the City who are not City residents from twenty-five percent (25%) down to twenty percent (20%) and with the surcharge to be further reduced according to the following schedule: January 1, 2003, reduced to 19% January 1, 2004, reduced to 18% January 1, 2005, reduced to 17% January 1, 2006, reduced to 16% January 1, 2007, reduced to 15% 6. The County and City acknowledge the validity of the Sewer Service Agreement and covenant to enforce same and acknowledge that the City's Territorial Area is unaffected by 006.195790.2 -3- annexation. 7. Except as changed, amended and modified by this Third Amendment, the terms and provisions of the Sewer Service Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the County and the City have executed this Third Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date and year first written. COUNTY ORANGE COUNTY, FLORIDA By: Richard Crotty, Orange County Chairman Date: ATTEST: Martha O. Haynie, County Comptroller, as Clerk of the Board of County Commissioners By: Deputy Clerk 006.195790.2 -4- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared and , personally known to me to be the Chairman of the Orange County Commission and Deputy Clerk, respectively, of Orange County, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2001. Signature of Notary Name of Notary, (Typed,Printed, or Stamped) 006.195790.2 -5- CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON ,2001 LEGALITY UNDER AGENDA ITEM NO. this day of ,2001 FOLEY&LARDNER By: City Attorney -6- 006.195790.2 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and Jean Grafton, personally known to me to be the Mayor and City Clerk, respectively, of the City of Ocoee, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2001. Signature of Notary • Name of Notary, (Typed, Printed, or Stamped) 006.195790.2 -7- EXHIBIT"A" 006.195758.3 -8- , EXHIBIT"A" THIRD AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 27 EAST IN ORANGE COUNTY, FLORIDA: BEGINNING APPROXIMATELY 900 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 12, SAME POINT BEING THE INTERSECTION OF THE EASTERN LINE OF SECTION 12 WITH THE CENTERLINE OF EAST CROWN POINT ROAD, THENCE EXTEND SOUTHERLY ALONG THE EAST LINE OF SECTIONS 12 AND 13 TO A POINT OF INTERSECTION WITH THE CENTERLINE OF STATE ROAD 438 IN SECTION 13, THENCE EAST 670.8± FEET TO THE EAST LINE OF SECTION 13; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SECTION 13, THENCE FROM THE NORTHEAST CORNER OF SECTION 24 (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 13) CONTINUE SOUTH ALONG THE EAST LINE OF SECTION 24 TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, THENCE CONTINUE SOUTH ALONG THE EAST SECTION LINE 399.74 FEET; THENCE WEST 945 FEET, THENCE SOUTH 234.15 FEET, THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 945.20 FEET; THENCE SOUTH ALONG THE EAST SECTION LINE TO THE SOUTHEAST CORNER OF SECTION 24, BEING A POINT ON THE CENTERLINE OF STATE ROAD 50,ALONG WITH: THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 28 EAST IN ORANGE COUNTY,FLORIDA: FROM THE NORTHWEST CORNER OF SECTION 30, (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 22 SOUTH; RANGE 27 EAST) EXTEND SOUTH ALONG THE WEST SECTION LINE OF SECTION 30 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, BEING A POINT ON THE CENTERLINE OF MARSHALL FARMS ROAD; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SECTIONS 30 AND 31; BEING THE CENTERLINE OF WINDERMERE ROAD, TO THE CENTERLINE INTERSECTION WITH ROBERSON ROAD WITHIN SECTION 31, THENCE FROM THE CENTERLINE INTERSECTION OF WINDERMERE ROAD AND ROBERSON ROAD, RUN EAST ALONG THE CENTERLINE OF ROBERSON ROAD WITHIN SECTION 31 TO ITS POINT OF INTERSECTION WITH THE CENTERLINE OF MAGUIRE ROAD, SAID POINT ALSO BEING ON THE EAST LINE OF SECTION 31; THENCE RUN EASTERLY TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 32; THENCE NORTH, ALONG THE EAST LINE OF THE WEST HALF OF SECTIONS 32 AND 29, A 1 DISTANCE OF 5,316±FEET TO THE CENTER POINT OF SECTION 29; THENCE EAST 2,167± FEET TO THE WEST LINE OF VANGUARD HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK X, PAGE 62 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE NORTH ALONG THE SAID WEST LINE 1,050±FEET TO THE NORTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN SOUTHEASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD TO THE POINT OF INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF OHIO AVENUE, THENCE NORTH 780± FEET TO THE POINT OF INTERSECTION WITH THE WEST LIMITED ACCESS LINE OF THE EAST WEST EXPRESSWAY, THENCE NORTHERLY ALONG THE WEST LIMITED-ACCESS LINE OF THE EAST-WEST EXPRESSWAY TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50, THENCE CONTINUE NORTH TO A POINT ON THE SOUTH LINE OF SECTION 21, THENCE EAST ALONG THE SOUTH LINE OF SECTION 21 TO . THE SOUTHEAST CORNER OF SECTION 21; THENCE, SOUTH ALONG THE WEST LINE OF SECTION 27 660±FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, THENCE RUN EAST 20± FEET TO THE NORTHWEST CORNER OF LOT 5, LAKEVIEW HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK E, PAGE 40 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE EAST 640±FEET, THENCE NORTH TO THE SOUTH LINE OF SECTION 22, THENCE EAST TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 22 WITH THE CENTERLINE OF GOOD HOMES ROAD; THENCE RUN NORTH, ALONG SAID CENTERLINE OF GOOD HOMES ROAD 950± FEET; THENCE, DEPARTING SAID CENTERLINE, RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 129 OF THE PUBLIC RECORDS OF ORANGE COUNTY, 'FLORIDA, TO A POINT LYING ON THE EAST LINE OF SECTION 21; THENCE RUN NORTH ALONG SAID EAST LINE OF SECTION 21 410± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL PHASE 2,AS RECORDED IN PLAT BOOK 16, PAGE • 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,- TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16; SAID CORNER BEING THE SOUTHWEST CORNER OF SILVER BEND UNIT I SUBDIVISION AS RECORDED IN PLAT BOOK 30, PAGES 4 AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF SAID SILVER BEND UNIT I SUBDIVISON TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, (SAID CORNER ALSO BEING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15), THENCE CONTINUE EAST ALONG THE QUARTER-QUARTER SECTION LINE OF SECTION 15, TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 15 TO THE 2 NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, BEING A POINT ON THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE IA AS RECORDED IN PLAT BOOK 29, PAGES 150 AND 151 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO THE SOUTHEAST CORNER OF LOT 26 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE FOLLOWING THE PLAT OF TEMPLE GROVE ESTATES PHASE 1A, RUN N 00°00'46"W A DISTANCE OF 180 FEET, THENCE RUN N 89°52'22" E A DISTANCE OF 431.89 FEET TO THE WEST RIGHT-OF- WAY LINE OF GOOD HOMES ROAD, THENCE RUN N 01°12'32" W A DISTANCE OF 454.93 FEET TO THE NORTHEAST CORNER OF LOT 1 OF TEMPLE GROVE ESTATES PHASE 1A, THEN RUN S 89°49'18"W A DISTANCE OF 217.84 FEET,THENCE RUN N 01°12'32"W A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF LOT 3 OF TEMPLE GROVE ESTATES PHASE 1A, SAID POINT LYING 9.65 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3, THENCE RUN WEST ALONG THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE IA TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AND THE EAST LINE OF THE WEST HALF OF SECTION 15, THENCE RUN NORTH ALONG THE SAID EAST LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 3 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO A POINT, BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD AND THE SOUTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3 AS SHOWN ON THE PLAT OF SAWMILL PHASE I AS RECORDED IN PLAT BOOK 23, PAGES 32 THROUGH 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE FOLLOWING THE PLAT OF SAWMILL PHASE I, RUN S89°38'32" E A DISTANCE OF 1,263.54 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF APOPKA-VINELAND ROAD, SAID POINT BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 603.68 FEET, THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°21'14" A DISTANCE OF 267.13 FEET TO A POINT, THENCE DEPARTING SAID CURVE AND SAID RIGHT-OF-WAY LINE, RUN N 89°40'49" W A DISTANCE OF 66.40 FEET, THENCE RUN N 00°38'29" E A DISTANCE OF 82.72 FEET, THENCE RUN N 89°45'05" W A DISTANCE OF 1,254.47 FEET TO THE EASTERLY RIGHT-OF- WAY LINE OF THE SEABOARD COASTLINE RAILROAD, THENCE RUN NORTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE 1050±FEET, THENCE WEST 150± FEET TO THE NORTHEAST CORNER OF LOT 13 OF SAWMILL SUBDIVISION PHASE I, CONTINUE WEST 670± FEET, TO A POINT 3 BEING THE CENTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3 (SAME POINT BEING THE SOUTHWEST CORNER OF ORANGE COUNTY PARCEL 03-22-28-0000-00-001), THENCE NORTH ALONG THE WESTERLY LINE OF SAID PARCEL TO A POINT BEING A POINT ON THE NORTH LINE OF SECTION 3 (SAME POINT BEING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3), THENCE WEST ALONG THE NORTH LINE OF SECTION 3 1620+ FEET TO A POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, THENCE RUN SOUTH TO A POINT BEING THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3 ( SAME POINT BEING 310± FEET WEST OF THE SOUTH EAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 ), THENCE RUN WEST TO THE EAST RIGHT OF WAY LINE OF CLARKE ROAD, THENCE NORTHERLY ALONG THE EAST RIGHT OF WAY LINE OF CLARKE ROAD TO THE CENTER LINE OF OCOEE CLARCONA ROAD THENCE WESTERLY ALONG THE CENTERLINE OF OCOEE CLARCONA ROAD TO THE WEST LINE OF SECTION 4, THENCE SOUTH ALONG THE WEST LINE OF SECTION 4 TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 5 TO THE CENTER POINT OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5 TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN • EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, TO A POINT, SAID POINT BEING 80± FEET .SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN WEST TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHWEST CORNER - - OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST) RUN WEST ALONG THE NORTH LINE OF SAID SECTION 5 TO THE NORTHWEST CORNER OF SAID SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST 4 QUARTER OF SECTION 5, THENCE RUN WEST 600± FEET TO THE EAST LIMITED ACCESS LINE OF THE WESTERN BELTWAY, THEN, CONTINUE SOUTHWESTERLY ALONG THE EAST LIMITED ACCESS LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD, THENCE SOUTHWESTERLY ALONG THE SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. 5 EXHIBIT "B" -9- 006.195758.3 Agenda 6-19-2001 Item VII E 2 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Scott A. Cookson,Esq. FOLEY&LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 SECOND AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERRITORIAL AGREEMENT (CONTRACT NO. W-88-06) THIS SECOND AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERRITORIAL AGREEMENT (this "Second Amendment") is made and entered into this day of , 2001, by and between ORANGE COUNTY, a political subdivision of the State of Florida (hereinafter "County") and the CITY OF OCOEE, FLORIDA, a municipality created under Florida law and located in Orange County, Florida(hereinafter"City"). WITNESSETH: WHEREAS, the City and County entered into that certain Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) ("Agreement") dated November 14, 1988, by and between the County and the City, as recorded on November 23, 1988 in Official Records Book 4034, Page 291, Public Records of Orange County, Florida; and WHEREAS, the City and the County also entered into that certain First Amendment to Orange County/City of Ocoee Water:Service Territorial Agreement (Contract No. W-88-06) ("First Amendment") dated February 11, 1994, by and between the County and the City, as recorded on February 23, 1994 in Official Records Book 4702, Page 2576, Public Records of Orange County, Florida(the Agreement and First Amendment hereinafter collectively referred to as the "Water Service Agreement"); and WHEREAS,the City and the County desire to modify and alter the Territorial Boundary, as that term is defined in the Water Service Agreement, in accordance with the provisions set forth herein; and WHEREAS, Section 4 of the Water Service Agreement provides that the City and the County may alter the Territorial Boundary by mutual consent by the preparation of a document 006.195758.3 • fully describing such alteration, which document is approved by the governing boards of each party and provides the legal description and map of the proposed new Territorial Boundary; and WHEREAS, the City and the County recognize that this procedure is unnecessarily cumbersome when small Territorial Boundary changes are required; and WHEREAS, the County desires and the City agrees to reduce the City's twenty-five percent (25%) surcharge imposed on those County residents receiving water services from the City who are not City residents down to twenty percent (20%) and then further reduce the surcharge one percent(1%) each year for five consecutive years; and WHEREAS, this Second Amendment fulfills the requirements set forth in Section 4 of the Water Service Agreement and has been approved by the governing boards of each party. NOW, THEREFORE, in consideration of the mutual premises contained herein, and other consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the County hereby agree as follows: 1. The above recitals are true and correct and are incorporated hereby by this reference. 2. The Exhibit "A" attached to the Water Service Agreement is hereby deleted in its entirety, and the new Exhibit "A" attached hereto describing the Territorial Boundary and the new Exhibit `B" depicting the Territorial Boundary are incorporated by this reference into the Water Service Agreement. Notwithstanding the foregoing, each parcel within the property depicted as "Area 1" in Exhibit "B" will continue to receive water services from the County until such time as that parcel is acquired by the West Orange Healthcare District, Inc. or a related or successor entity of the West Orange Healthcare District, Inc. (the "Hospital"). At the time the Hospital acquires the adjacent parcels depicted as "Area 1" in Exhibit "B", the parties hereto will sign a Letter Agreement consistent with Section 3 below to account for the transfer of water service to the City. 3. Section 4 of the Water Service Agreement is hereby modified by the addition of the following subsections: 4.1 Alteration of Territorial Boundary. Recognizing that future circumstances coupled with good engineering practice and economical operation may necessitate alterations to the Territorial Boundary as herein described, the parties hereby agree that such Territorial Boundary may be altered by mutual consent. The Territorial Boundary may be altered to transfer up to twenty (20) acres by written letter agreements signed by both the County's Director of Public Utilities and the City's Director of Utilities. For boundary alterations transferring greater than twenty (20) acres, the party desiring such alteration of Territorial Boundary shall prepare documents fully describing such alteration, which documents must be approved by the governing boards of each party as amendments to this Agreement. The documents shall provide the legal description of the proposed new Territorial Boundary to amend Exhibit"A" attached hereto. 006.195758.3 -2- 4.2 Customer Transfer. Should the Territorial Boundary be altered in accordance with Section 4.1 herein, the County shall transfer to the City, and the City shall transfer to the County, by direct transfer, all customers now or hereafter served by either which are not in their respective service areas; and all such transfers shall be made on a basis conformable to sound and economical engineering and operating practices. The City and County will cooperate to ensure a smooth transfer of the customers. 4.3 Time. The transfer of customers hereunder shall take place after the execution of the letter agreement or amendment as set forth in paragraph 4.1 herein, when the party acquiring the Customers advises the other party of his ability to provide the required service. No additional Connection Fees will be charged to the customers receiving service at the time of the letter agreement or amendment and so transferred to the City or the County. 4. Notwithstanding anything contained herein or in the Water Service Agreement to the contrary, in the event either party to the Water Service Agreement is the fee owner of real property located in the other party's water service territorial area, then the party/owner of such real property may obtain, at such party/owner's sole option, water service from either the City Territorial Area or the County's Territorial Area. This provision shall be personal to the parties and shall not apply to the successors or assigns of the parties hereto. 5. The City agrees to proceed with the procedures necessary to adopt an Ordinance which would amend Section 173-5.1 of the Ocoee City Code so as to reduce the surcharge imposed on those County residents receiving water services from the City who are not City residents from twenty-five percent (25%) down to twenty percent (20%) and with the surcharge to be further reduced according to the following schedule: January 1, 2003,reduced to 19% January 1, 2004, reduced to 18% January 1, 2005, reduced to 17% January 1, 2006, reduced to 16% January 1, 2007,reduced to 15% 6. The County and City acknowledge the validity of the Water Service Agreement and covenant to enforce same and acknowledge that the City's Territorial Area is unaffected by annexation. 7. Except as changed, amended and modified by this Second Amendment, the terms and provisions of the Water Service Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the County and the City have executed this Second Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date and year first written. 006.195758.3 -3- COUNTY ORANGE COUNTY, FLORIDA By: Richard Crotty, Orange County Chairman Date: ATTEST: Martha O. Haynie, County Comptroller, as Clerk of the Board of County Commissioners By: Deputy Clerk -4- 006.195758.3 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared and , personally known to me to be the Chairman of the Orange County Commission and Deputy Clerk, respectively, of Orange County, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2001. Signature of Notary Name of Notary, (Typed,Printed, or Stamped) • 006.195758.3 -5- CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON ,2001 LEGALITY UNDER AGENDA ITEM NO. this day of ,2001 FOLEY&LARDNER By: City Attorney 006.195758.3 -6- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and Jean Grafton, personally known to me to be the Mayor and City Clerk, respectively, of the City of Ocoee, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2001. Signature of Notary Name of Notary, (Typed, Printed, or Stamped) 006.195758.3 -7- COMPOSITE EXHIBIT "A" 006.195758.3 -8- EXHIBIT"A" SECOND AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERRITORIAL AGREEMENT THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 27 EAST IN ORANGE COUNTY, FLORIDA: BEGINNING APPROXIMATELY 900 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 12, SAME POINT BEING THE INTERSECTION OF THE EASTERN LINE OF SECTION 12 WITH THE CENTERLINE OF EAST CROWN POINT ROAD, THENCE EXTEND SOUTHERLY ALONG THE EAST LINE OF SECTIONS 12 AND 13 TO A POINT OF INTERSECTION WITH THE CENTERLINE OF STATE ROAD 438 IN SECTION 13, THENCE EAST 670.8± FEET TO THE EAST LINE OF SECTION 13; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SECTION 13, THENCE FROM THE NORTHEAST CORNER OF SECTION 24 (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 13) CONTINUE SOUTH ALONG THE EAST LINE OF SECTION 24 TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, THENCE CONTINUE SOUTH ALONG THE EAST SECTION LINE 399.74 FEET; THENCE WEST 945 FEET, THENCE SOUTH 234.15 FEET, THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 945.20 FEET; THENCE SOUTH ALONG THE EAST SECTION LINE TO THE SOUTHEAST CORNER OF SECTION 24, BEING A POINT ON THE CENTERLINE OF STATE ROAD 50,ALONG WITH: THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH,RANGE 28 EAST IN ORANGE COUNTY,FLORIDA: FROM THE NORTHWEST CORNER OF SECTION 30, (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 24,TOWNSHIP 22 SOUTH, RANGE 27 EAST) EXTEND SOUTH ALONG THE WEST SECTION LINE OF SECTION 30 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, BEING A POINT ON THE CENTERLINE OF MARSHALL FARMS ROAD; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SECTIONS 30 AND 31; BEING THE CENTERLINE OF WINDERMERE ROAD, TO THE CENTERLINE INTERSECTION WITH ROBERSON ROAD WITHIN SECTION 31, THENCE FROM THE CENTERLINE INTERSECTION OF WINDERMERE ROAD AND ROBERSON ROAD, RUN EAST ALONG THE CENTERLINE OF ROBERSON ROAD WITHIN SECTION 31 TO ITS POINT OF INTERSECTION WITH THE CENTERLINE OF MAGUIRE ROAD, SAID POINT ALSO BEING ON THE EAST LINE OF SECTION 31; THENCE RUN EASTERLY TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 32; THENCE NORTH, ALONG THE EAST LINE OF THE WEST HALF OF SECTIONS 32 AND 29, A 1 DISTANCE OF 5,316±FEET TO THE CENTER POINT OF SECTION 29; THENCE EAST 2,167± FEET TO THE WEST LINE OF VANGUARD HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK X, PAGE 62 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE NORTH ALONG THE SAID WEST LINE 1,050±FEET TO THE NORTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN SOUTHEASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD TO THE POINT OF INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF OHIO AVENUE, THENCE NORTH 780± FEET TO THE POINT OF INTERSECTION WITH THE WEST LIMITED ACCESS LINE OF THE EAST WEST EXPRESSWAY, THENCE NORTHERLY ALONG THE WEST LIMITED-ACCESS LINE OF THE EAST-WEST EXPRESSWAY TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50, THENCE CONTINUE NORTH TO A POINT ON THE SOUTH LINE OF SECTION 21, THENCE EAST ALONG THE SOUTH LINE OF SECTION 21 TO, THE SOUTHEAST CORNER OF SECTION 21; THENCE, SOUTH ALONG THE WEST LINE OF SECTION 27 660±FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, THENCE RUN EAST 20± FEET TO THE NORTHWEST CORNER OF LOT 5, LAKEVIEW HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK E, PAGE 40 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE EAST 640±FEET, THENCE NORTH TO THE SOUTH LINE OF SECTION 22, THENCE EAST TO THE POINT OF INTERSECTION OF THE • SOUTH LINE OF SECTION 22 WITH THE CENTERLINE OF GOOD HOMES ROAD; THENCE RUN NORTH, ALONG SAID CENTERLINE OF GOOD HOMES ROAD 950± FEET; THENCE, DEPARTING SAID CENTERLINE, RUN' WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 129 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO A POINT LYING ON THE EAST LINE OF SECTION 21; THENCE RUN NORTH ALONG SAID EAST LINE OF SECTION 21 410± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL PHASE 2,AS RECORDED IN PLAT BOOK 16, PAGE 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16; SAID CORNER BEING THE SOUTHWEST CORNER OF SILVER BEND UNIT I SUBDIVISION AS RECORDED IN PLAT BOOK 30, PAGES 4 AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF SAID SILVER BEND UNIT I SUBDTVISON TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, (SAID CORNER ALSO BEING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15), THENCE CONTINUE EAST ALONG THE QUARTER-QUARTER SECTION LINE OF SECTION 15, TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 15 TO THE 2 NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, BEING A POINT ON THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AS RECORDED IN PLAT BOOK 29, PAGES 150 AND 151 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE lA TO THE SOUTHEAST CORNER OF LOT 26 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE FOLLOWING THE PLAT OF TEMPLE GROVE ESTATES PHASE 1A, RUN N 00°00'46"W A DISTANCE OF 180 FEET, THENCE RUN N 89°52'22" E A DISTANCE OF 431.89 FEET TO THE WEST RIGHT-OF- WAY LINE OF GOOD HOMES ROAD, THENCE RUN N 01°12'32" W A DISTANCE OF 454.93 FEET TO THE NORTHEAST CORNER OF LOT 1 OF TEMPLE GROVE ESTATES PHASE 1A, THEN RUN S 89°49'18"W A DISTANCE OF 217.84 FEET, THENCE RUN N 01°12'32"W A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF LOT 3 OF TEMPLE GROVE ESTATES PHASE IA, SAID POINT LYING 9.65 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3, THENCE RUN WEST ALONG THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AND THE EAST LINE OF THE WEST HALF OF SECTION 15, THENCE RUN NORTH ALONG THE SAID EAST LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 3 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO A POINT, BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE_ OF THE SEABOARD COASTLINE RAILROAD AND THE SOUTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3 AS SHOWN ON THE PLAT OF SAWMILL PHASE I AS RECORDED IN PLAT BOOK 23, PAGES 32 THROUGH 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE FOLLOWING THE PLAT OF SAWMILL PHASE I, RUN S89°38'32" E A DISTANCE OF 1,263.54 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF APOPKA-VINELAND ROAD, SAID POINT BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 603.68 FEET, THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°21'14" A DISTANCE OF 267.13 FEET TO A POINT, THENCE DEPARTING SAID CURVE AND SAID RIGHT-OF-WAY LINE, RUN N 89°40'49" W A DISTANCE OF 66.40 FEET, THENCE RUN N 00°38'29" E A DISTANCE OF 82.72 FEET, THENCE RUN N 89°45'05" W A DISTANCE OF 1,254.47 FEET TO THE EASTERLY RIGHT-OF- WAY LINE OF THE SEABOARD COASTLINE RAILROAD, THENCE RUN NORTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE 1050±FEET, THENCE WEST 150+ FEET TO THE NORTHEAST CORNER OF LOT 13 OF SAWMILL SUBDWISION PHASE I, CONTINUE WEST 670± FEET, TO A POINT 3 BEING THE CENTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3 (SAME POINT BEING THE SOUTHWEST CORNER OF ORANGE COUNTY PARCEL 03-22-28-0000-00-001), THENCE NORTH ALONG THE WESTERLY LINE OF SAID PARCEL TO A POINT BEING A POINT ON THE NORTH LINE OF SECTION 3 (SAME POINT BEING THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3), THENCE WEST ALONG THE NORTH LINE OF SECTION 3 1620+ FEET TO A POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, THENCE RUN SOUTH TO A POINT BEING THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3 ( SAME POINT BEING 310+ FEET WEST OF THE SOUTH EAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4), THENCE RUN WEST TO THE EAST RIGHT OF WAY LINE OF CLARKE ROAD, THENCE NORTHERLY ALONG THE EAST RIGHT OF WAY LINE OF CLARKE ROAD TO THE CENTER LINE OF OCOEE CLARCONA ROAD THENCE WESTERLY ALONG THE CENTERLINE OF OCOEE CLARCONA ROAD TO THE WEST LINE OF SECTION 4, THENCE SOUTH ALONG THE WEST LINE OF SECTION 4 TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 5 TO THE CENTER POINT OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5 TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN WEST TO A POINT, SAID POINT BEING 80±FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST) RUN WEST ALONG THE NORTH LINE OF SAID SECTION 5 TO THE NORTHWEST CORNER OF SAID SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST 4 QUARTER OF SECTION 5, THENCE RUN WEST 600± FEET TO THE EAST LIMITED ACCESS LINE OF THE WESTERN BELTWAY, THEN, CONTINUE SOUTHWESTERLY ALONG THE EAST LIMITED ACCESS LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD,THENCE SOUTHWESTERLY ALONG THE SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. 5 EXHIBIT "B" -9- 006.195758.3 ;Agenda 6-19-2001 Item VII E 3 • ORDINANCE NO. 2001- 17 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 173 OF THE. CODE OF ORDINANCES OF,THE CITY OF OCOEE BY ENACTING A PHASED REDUCTION OF THE SURCHARGE ADDED TO WATER AND SEWER SERVICE CHARGES FOR CONSUMERS OUTSIDE THE CITY LIMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee and Orange County have agreed to amend both the Water Service Territorial Agreement and the Sewer Service Territorial Agreement; and WHEREAS, as a condition to both the Water Service Territorial Agreement and the Sewer Service Territorial Agreement, the City has agreed to reduce the surcharge added to water and sewer service charges for consumers outside the City limits; and WHEREAS, the City Commission desires to adopt this Ordinance to effectuate the reduction in the surcharge. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,,FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Section 173-5.1 of the Code of Ordinances is hereby amended to read as follows (with additions double-underlined and deletions stricken): § 173-5.1. Rates and charges for consumers outside city limits The schedule of monthly rates and charges for water and sewer service provided by the city to consumers located outside of the corporate limits of the city shall be the rates from time to time established by the city for consumers inside the corporate limits of the city plus a surcharge equal to twenty five percent (25%) 006.214698.2 of such rate twenty percent (20%). The surcharge shall be subsequently reduced according to the following schedule: January 1, 2003, reduced to 19% January 1, 2004, reduced to 18% January 1, 2005, reduced to 17% January 1, 2006, reduced to 16% January 1, 2007, reduced to 15% SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 006.214698.2 -2 PASSED AND ADOPTED this day of , 2001. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2001 READ FIRST TIME , 2001 READ SECOND TIME AND ADOPTED , 2001 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2001. FOLEY & LARDNER By: City Attorney 006.214698.2 -3