The URL can be used to link to this page

Home My WebLink AboutV (B) Approval and Authorization for Mayor and City City Clerk to Execute First Amendment to Interlocal Agreement with Orange County Regarding Old Winter Garden Road SR_FirstAmendmentDoty Agenda 8-05-2003 Item V B FOLEY : LARDNER ATTORNEYS AT LAW I I NORTH ORANGE A VPNI IP,SUITP MO ORLANDO.I'LOIUDA 32801-2386 P_O.ROX2193 L1121.ANDU,FLORIDA 3 28 02-21 91 TELEPHONE:4014217656 PACSIM II E 407,M148.1741 W W W.1'OLEYLARDNLR.COM MEMORANDUM CLIENT-MATTER MAIBCIt 0020177.054d TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Assistant City Attorney THROUGH: Paul E. Rosenthal, City Attorney DATE: July 24, 2003 RE: Professional Parkway/Old Winter Garden Road Widening Project: First Amendment to Interlocal Agreement between Orange County and the City of Ocoee The City of Ocoee and Orange County entered into an Interlocal Agreement relating to Old Winter Garden Road from Hemple Avenue to State Road 50 and Professional Parkway on February 15, 2000. A copy of this lntcrlocal Agreement is available in the Clerk's office for your review. The Agreement provides, among other things, for the conveyance and transfer of Old Winter Garden Road to the City of Ocoee from Maguire Road to Hemple Avenue. The Agreement also provides for the City of Ocoee to design and construct Old Winter Garden Road from Maguire Road to Arlington Avenue. This intersection is east of Hemple Avenue. Consequently, the Agreement includes a longer section of Old Winter Garden Road than that being transferred to the City of Ocoee for ownership and maintenance. The section included in construction but not in the transfer is the section from Hcmplc Road to Arlington Avenue, a distance of approximately 400 feet. The City of Ocoee has filed suit to condemn property owned by Mr. and Mrs. Bowers located on the north side of Old Winter Garden Road at its intersection with Arlington Avenue. The Bowers are represented by Kurt Ardaman who has filed a motion in opposition to the proposed taking of the Bowers' property by the City of Ocoee. Mr. Ardaman has asserted that the City of Ocoee does not have a valid municipal purpose to condemn private property to widen a road that is owned by Orange County. While neither the City Legal Staff nor the Orange County Legal Staff believe that Mr. Ardaman would be successful in defeating the Order of Taking based on this argument, both staffs have determined that the most prudent course of action is simply to amend the Interlocal Agreement to provide for the additional conveyance of this section of Old Winter Garden Road to the City of Ocoee. The design of Old Winter Garden Road contemplates that it will he four lanes from file://Y:ALegislativeVDoty\SR_FirstAmendmentDoty.htm 7/29/2003 SR FirstAmendmentDoty Page 2 of 2 Maguire to Arlington and that it will taper to two lanes east of Arlington Avenue. The division of ownership and maintenance responsibilities at Arlington Avenue, where the road ceases to be four land and goes to two lanes is logical. The City's Public Works Department is willing to accept the maintenance of Old Winter Garden Road from Hemple to Arlington. The attached First Amendment to the IntcrlocalAgreement simply amends the initial Interlocal Agreement to define the section of the roadway being transferred to include the section from I lemple Avenue to Arlington Avenue. This matter will he heard by the Orange County Board of County Commissioners in September 2003. RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners approve the attached First Amendment to Interlocal Agreement between Orange County and City of Ocoee Relating to Old Winter Garden Road from Hemple Avenue to State Road 50 and Professional Parkway, authorizing execution thereof by the Mayor and City Clerk. MAD/jlc cc: Jim Gleason David Wheeler file://Y:ALegislative\Doty\SR_FirstAmendmentDoty.htm 7/29/2003 Page I of 3 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND CITY OF OCOEE RELATING TO OLD WINTER GARDEN ROAD FROM HEMPLE AVENUE TO S.R. 50 AND PROFESSIONAL PARKWAY THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND CITY OF OCOEE RELATING TO OLD WINTER GARDEN ROAD FROM HEMPLE AVENUE TO S.R. 50 AND PROFESSIONAL PARKWAY (this "Amendment"), is made and entered into this day of 2003 by and between ORANGE COUNTY, FLORIDA, a political subdivision and charter county existing under the laws and constitution of the State of Florida (hereinafter referred to as the "County") and the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, pursuant to Section 163.01, Florida Statutes, the County and the City have the authority to enter into interlocal agreements and to provide therein for financial support for the purposes set forth in the interlocal agreement; and WHEREAS, pursuant to Section 335.0415(1), Florida Statutes, the County and the City each have responsibility for the operation and maintenance of public roads within their respective road systems on July I, 1995; and WHEREAS, pursuant to Section 335.0415(3), Florida Statutes, public roads may be transferred between jurisdictions by mutual agreement of the affected governmental entities; and WHEREAS, the County and the City entered into the Interlocal Agreement Between Orange County and City of Ocoee Relating to Old Winter Garden Road From Hemple Avenue To S.R. 50 and Professional Parkway on February 15, 2000 (the"Interlocal Agreement"); and WHEREAS, the County and the City desire to amend the Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, County and the City agree as follows: 1. RECITATIONS: The foregoing Recitations are true and correct and form a material part of this Agreement. 2. AUTHORITY. (a) The County has the authority to enter into this Agreement pursuant to Sections 125.01, 163.01 and 335.0415, Florida Statutes. (b) The City has the Authority to enter into this Agreement pursuant to file://Y:\Legislative\Doty\FirstAmendment.htm 7/29/2003 Page 2 of 3 Sections 163.01, 166.021, and 335.0415, Florida Statutes. 3. TRANSFER OF ROADWAY TO CITY. Section 3(a) of the Interlocal Agreement is hereby amended to include the section of Old Winter Garden Road from Hemple Avenue east to Arlington Avenue("Hemple-Arlington Section" in the"Hemple/Blackwood Segment" as set forth in the Interlocal Agreement. Provided, however, the City agrees that under no circumstances shall it use the Kemple-Arlington Section as the means to establish a contiguous boundary for the purpose of annexation under Florida Statutes Chapter 171. This provision is not intended to prevent annexation of property contiguous to property within the City limits as of the Effective Date of this Amendment, or the annexation of property that hereinafter may become contiguous, but rather to ensure that the Hemple-Arlington Section is not the basis for providing a conterminous boundary. All other provisions of the Interlocal Agreement shall remain unchanged. 4. EFFECTIVE DATE: This Agreement shall first be approved and executed by the City and shall take effect on the date of its approval by the Orange County Board of County Commissioners and such date shall be inserted on the first page of this Agreement. The County Clerk will stamp the face of this Agreement. IN WITNESS WHEREOF, the County and the City have caused this Agreement to be executed on their behalf as of the day and year first above written. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty County Chairman ATTEST: Martha A. Haynie, Orange County Comptroller as Clerk of the Board of County Commissioners By: Deputy Clerk file//Y:\Legislative\Doty\FirstAmendment.htm 7/29/2003 • Page 3 of 3 FOR THE USE AND RELIANCE OF ORANGE COUNTY ONLY APPROVED AS TO FORM Assistant County Attorney ATTEST: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Name: Title: (SEAL) APPROVED BY THE OCOEE CITY FOR USE AND RELIANCE ONLY COMMISSION AT A MEETING HELD BY THE CITY OF OCOEE, ON , 2003 UNDER AGENDA FLORIDA; APPROVED AS TO ITEM NO. FORM AND LEGALITY this day of 2003. FOLEY & LARDNER By: City Attorney file://Y:ALegislativeADoty\FirstAmendment.htm 7/29/2003