V (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