Item #08 Interlocal Agreement - Transfer of Jurisdiction of Maguire Rd/Kissimmee Ave/Bowness Rd from Franklin St to Parkridge-Gotha Rd
AGENDA ITEM COVER SHEET
Meeting Date: August 7, 2007
Item # g
Contact Name:
Contact Number:
David A. Wheeler, P.E.
407 -905-3100, ext. 1505
Reviewed By:
Department Director:
City Manager:
/;;/k~
Subject: Interlocal Agreement between Orange County, Florida and City of Ocoee, Florida
regarding Transfer of Jurisdiction of Maguire Road/Kissimmee Avenue/Bowness Road from
Franklin Street to Parkridge-Gotha Road
Background Summary:
The roadway known in portions as Maguire Road, Kissimmee Avenue, and Bowness Road has been an
Orange County road by jurisdiction to operate and maintain for many years. However the City of Ocoee has
been maintaining this roadway section for at least the past fifteen years. The City of Ocoee has undertaken two
major improvements projects in the past ten years on this roadway section. Those two improvements projects
have been the intersection improvements at Maguire/Kissimmee and Geneva/Story Roads and the widening of
Maguire Road from Moore/Roberson Roads north to Mercantile Court. The City is in the process of designing
the widening of Maguire Road from Mercantile Court to Geneva/Story Road.
There have been many residential and commercial development projects that have been designed and
constructed along this roadway section over the past ten or more years. The permitting of the developments
improvements to the roadway section has always been a tenuous phase of the project. The County will claim
jurisdiction and require permitting through their process and the City will claim jurisdiction and require permitting
through its process. There have many interesting discussions over the past ten plus years on who has
jurisdiction and who is the maintenance entity.
Florida Statutes require that roadway transfers between the County and the City be done by Interlocal
Agreement. The County procedures require that this approval occur at an advertised public hearing.
The attached Interlocal Agreement formally transfers jurisdiction for ownership and maintenance rights of
Maguire Road, Kissimmee Avenue, and Bowness Road from Franklin Street south to Parkridge-Gotha Road.
The intersections of West Franklin StreetlBowness Road and Maguire Road/Parkridge-Gotha Road are not
included in the transfer. The West Franklin Street and Bowness Road intersection is controlled by FDOT,
Franklin Street is SR 438. The Maguire Road and Parkridge-Gotha Road intersection will remain in the County,
because Parkridge-Gotha Road is a County road.
While portions of Maguire Road are actually owned by the City in fee and were acquired as part of the Maguire
Road expansion project, it is still necessary for jurisdiction to be transferred from the County to the City. During
the course of construction of the Maguire Road expansion project south of the Turnpike, environmental
contamination was found on a portion of the roadway which had been conveyed to the City by Heller Bros.
Groves. Heller Bros has cleaned up the contamination on the property owned by them, but the contamination
under the roadway could not be totally cleaned up during the construction of the Maguire Road expansion. In
order to close out the clean-up and allow for the issuance of an FDEP clearance letter, the FDEP and County
are requiring that the City impose certain restrictions on the road which would preclude its future development.
None of these restrictions are incompatible with the use of the property as a road.
Issue:
Acceptance of ownership and maintenance jurisdiction of Maguire Road/Kissimmee Avenue/Bowness Road
from Franklin Street to Parkridge-Gotha Road.
Recommendations
Staff recommends (i) the Approval of the transfer of jurisdiction of Maguire Road/Kissimmee Avenue/Bowness
Road from Franklin Street to Parkridge-Gotha Road and execution of the Interlocal Agreement between Orange
County, Florida and City of Ocoee, Florida regarding Transfer of Jurisdiction of Maguire Road/Kissimmee
Avenue/Bowness Road from Franklin Street to Parkridge-Gotha Road, (ii) Authorization for the Mayor and City
Clerk to execute restrictive covenants as required by FDEP and Orange County to address environmental
contamination under portions of Maguire Road, such restrictive covenants to be recorded at the time of transfer
of Maguire Road from the County to the City and to be acceptable to the City Engineer, and (iii) Authorization
to accept the conveyance of Maguire Road from the County to the City and to record the deed of conveyance.
Attachments:
1) Interlocal Agreement between Orange County, Florida and City of Ocoee, Florida regarding Transfer of
Jurisdiction of Maguire Road/Kissimmee Avenue/Bowness Road from Franklin Street to Parkridge-Gotha Road
2) Map of Maguire Road/Kissimmee Avenue/Bowness Road from Franklin Street to Parkridge-Gotha Road
Financial Impact:
Approval and execution of the Interlocal Agreement will not have any affect on the City's Budget because the
City has already been maintaining this roadway section for many years.
Type of Item: (please mark with an "x')
XXX Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_____ Consent Agenda
_____ Public Hearing
Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
~~rf
N/A
N/A
N/A
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INTERLOCAL AGREEIVIENT
between
ORANGE COUNTY, FLORIDA
and
CITY OF OCOEE,FLORIDA
regarding
TRANSFER OF JURISDICTION OF
IVIAGUIRE ROADIKISSIMIVIEE A VENUEIBOWNESS ROAD
FROM
FRANKLIN STREET
TOP ARKRrDGE-GOTHA ROAD
Approved by the Orange County
Board of County Commissioners
, 2007
Approved by tbe City of Ocoee
City Commission
,2007
INTERLOCAL AGREElVIENT
between
ORANGE COUNTY, FLORIDA
and
CITY OF OCOEE, FLORIDA
regarding
TRANSFER OF JURISDICTION OF
lVIAGUIRE ROAD/KISSllVIMEE A VENUE/BO\VNESS ROAD
FROlV!
FRANKLIN STREET
TOPARKRIDGE-GOTHA ROAD
THIS INTERLOCAL AGREE1\lENT is made and entered into by and between
Orange County, Florida, a Charter County and political subdivision of the State of Flonda
("COllity"), and the City of Ocoee, Florida, a municipal corporation created and existing under
the laws ofthe State of Florida ("City").
RECIT ALS
WHEREAS, the County has authority pursuant to Section 125.01, Florida Statutes, to
enter into agreements;
WHEREAS, the City has authority pursuant Section 166.021, Florida Statutes, to enter
into agreements;
WHEREAS, the County and the City have authority pursuant to Section 163.01, Florida
Statutes, to enter into interlocal agreements;
WHEREAS, all roads which are open and available for use by the public and dedicated to
public use, according to law or by prescription, are declared to be and established as, pursuant to
Section 335.01(1), Florida Statutes, public roads;
WHEREAS, a "road" is defined by Section 334'(l3(23), Florida Statutes, as "a way open
to travel by the public, including, but not limited to, a street, highway, or alley, including, but not
limited to, associated sidewalks, the roadbed, the right-of-\vay, and all culverts, drains, sluices,
ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges [and]
tunnels. . .";
WHEREAS, the teml "road" as defined by Section 334.03(23), Florida Statutes, also
implicitly includes, but is not limited to, curbs, guardrails, landscaping, and traffic control
devices (such as signals and signs);
WHEREAS, according to Section 335J)l (2), Florida Statutes, public roads are divided
into the [allowing four systems: (1) the "county road system"; (2) the "city street system"; (3)
the "State Highway System"; and (4) the "State Park Road System";
WHEREAS, the "county road system" is defined by Section 334.03(8), Florida Statutes,
as "al1 collector roads in the unincorporated areas of a county and all extensions of such collector
roads into and through any incorporated areas, all local roads in the unincorporated areas, and all
urban minor arterial roads not in the State Highway System";
WHEREAS, the "city street system" is defined by Section 334.03(3), Florida Statutes, as
"a11 local roads within a municipality, and all collector roads inside that municipality, which arc
not in the county road system";
WHEREAS, a "collector road" is defined by Section 334.03(4), Florida Statutes, as "a
route providing service which is of relatively moderate average traffic volume, moderately
average trip length, and moderately average operating speed. Such a route also collects and
distributes traffic between local roads or arterial roads and serves as a linkage between land
2
access and mobility needs;"
WIJEREAS, an "urban minor arterial road" is defined by Section 334.03(33), Florida
Statutes, as "a route that generally interconnects with and augments an urban principal arterial
road and provides service to trips of shorter length and a lower level of travel mobility. The term
includes all arterials not classified as 'principal' and contain facilities that place more emphasis
on land access than the higher system;"
WHEREAS, a "local road" is defined by Section 334.03(15), Florida Statutes, as "a route
providing service which is of relatively low average traffic volume, short average trip length or
minimal through-traffic movements, and high land access for abutting property";
WHEREAS, pursuant to Section 335.0415(1), Florida Statutes (2005), the jurisdiction of
public roads and the responsibility for operation and maintenance within the right-of-way of any
road within the State, county, and municipal road systems shall be that which existed on June 10,
1995;
WHEREAS, under Section 335.04(2), Florida Statutes (1993), the predecessor statute to
Section 335.0415, Florida Statutes, each local government's responsibilities were expressly
described therein, and the responsibility of a county for the operation and maintenance of any
roads under its jurisdiction that extended into and through a municipality was limited to the
roadbed, curbs, culverts and drains, but did not include sidewalks, embankments and slopes;
WHEREAS, pursuant to Scction 335.0415(2), Florida Statutes, any change of the
jurisdiction of a public road after July 1, 1995, that is a part of a county road system or a city
street system is governed by Section 335.0415(3), Florida Statutes;
WHEREAS, pursuant to Section 335.0415(3), Florida Statutes, subsequent to July I,
3
1995, public roads within the respective road systems of a county or a city may be transferred
between those jurisdictions onZv by mutual agreement of those local governmental entities;
WHEREAS, the City desires to own (or accept dedication ot: whatever the case may be),
maintain, control, and have responsibility over the road, or segment thereof, within the County
road system which is identified, described or otherwise referenced in this Interlocal Agreement;
WHEREAS, this InterJocal Agreement is solely intended to address the transfer of the
road, or segment thereof, from the County road system to the City street system; and
WHEREAS, this Interlocal Agreement is not intended to apply and shall not be construed
as applying to the subject of which party has jurisdiction to control traffic at intersections and
along local roads (see Section 316.006, Florida Statutes), or the subject of which law
enforcement authority has jurisdiction to enforce traffic laws (see Section 316.640, Florida
Statutes).
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. Transfer of Jurisdiction of Certain Road, or Segment Thereof, within
County Road System. Subject to Section 3 below, jurisdiction over the segment of Maguire
Road/Kissimmee A venue/Bowness Road from Franklin Street to Parkridge--Gotha Road (but
excluding the two intersections of Franklin Street and Maguire (Bowness) Road and Parkridge-
Gotha Road and Maguire Road) ("Road"), which is a major collector (Maguire Road portion)
and a minor arterial (Kissimmee Avenue and Bowness Road portion), is hereby transferred to the
4
City, and the trans fen-cd Road shall become a part of the City street system on the effective date
of this Agreement.
3. Jurisdiction over Road; Scope; Limitations.
A. The City's jurisdiction over the Road includes the authority and
responsibility to maintain, control, repair, or improve such Roads, as the ternl "road" is defined
by Section 334.03(23), Florida Statutes, and to regulate, warn, or guide traffic on such Road,
regardless of any future alteration, realignment, construction, extension, widening, or renaming
of such Road.
B. The City shall not alter, modify or regulate traffic on the Road, or any
portion thereof in such a manner as will reduce or otherwise impede the flow of traffic on the
Road or on any other County roads not identified by this lnterlocal Agreement (for example,
through traffic calming devices, speed humps, speed bumps) below ninety percent (90%) of the
traffic volume identified in Exhibit "A" attached hereto, without first obtaining permission from
the Board of County Commissioners, except that notwithstanding the foregoing, the City may set
speed limits on the Road without County approval.
C. The City shall not close or barricade the Road, or any portion thereof, to
vehicular traffic, other than temporarily for road maintenance, road repair, accidents, or
miscellaneous special events, such as road races, or vacate any portion of any Roads.
4. Dedication and Acceptance; Deed.
A. Dedication and Acceptance. For the Road, or any portion thereof, that
was heretofore dedicated and that the County heretofore accepted, the County hereby dedicates
thc Road, or portion thereof, to the City, and the City hereby accepts such dedication.
5
8. Deed. The County shall execute and deliver a County deed in f~lV()r of the
City substantially in the fonn attached hereto as Exhibit "8" tor the Roacl, or ,my portion
thereof: that the County holds. or may hold, in fee title, which Road, or portion thereof, is
specifically described in Exhibit "B" and the description attached to Exhibit "8." Within thirty
(30) days after receipt thereof, the City shall accept the deed by recording the deed in the Official
Records of Orange County at the City's expense. (For the County's purposes, this Agreement
and the deed serve the purpose of and satisfy the requirements of Section 125.38, Florida
Statutes, regarding the sale of county property to a municipality.)
5. Miscellaneous.
A. Validity. The County and the City each represents, warrants, and
covenants to and with the other its respective authority and power under Florida law to enter into
this Interlocal Agreement, acknowledges the validity and enforceability of this lnterlocal
Agreement. and waives any future right of defense based on claim of illegality, invalidity or
unenfoTceability of any nature. The County and the City each hereby represents, warrants and
covenants to and with the other that this Interlocal Agreement has been validly approved by its
respective governing body at a duly held public hearing, and that this Interlocal Agreement
constitutes a legal, valid and binding contract enforceable against the respective party in
accordance with the terms hereof (assuming the due authorization, execution and delivery hereof
by the other parties hereto).
B. Ambiguities. Both parties have been allowed equal input regarding the
terms and wording of this Interlocal Agreement and have had the benefit of consultation with
their respective legal counsel prior to its execution, such that all language herein shall be
6
constmed equally against the parties, and no language shall be constmed strictly against its
drafter.
C. Headings. 'rhe headings or captions of sections or subsections Llsed in
this lnterlocal Agreement are merely for the convenience of the parties for reference only and are
not intended to define or limit their contents, nor arc they to affect the constmction of or to be
taken into consideration in interpreting this Interlocal Agreement.
D. Severability. The provisions of this Interlocal Agreement are declared by
the parties to be severable only to the extent that the remaining provisions can effectuate the
purpose and intent of the parties.
E. Governing Law; Venue; Attorney's Fees and Costs.
i. This Interlocal Agreement shall be governed by and constmed in
accordance with laws of the State of Florida.
ii. Venue for any action arising out of or related to this lnterlocal
Agreement shall be in the Circuit Court for the Ninth Judicial Circuit in Orange County, Florida.
Hi. In the event a party deems it necessary to take legal action to
enforce any provisions of this Interlocal Agreement, each party shall bear its own attorney's fees
and costs at both the tria] and appellate levels.
F. Entire Agreement. This lnterlocal Agreement, along with any exhibits,
constitutes the entire Agreement between the parties regarding the subject matter hereof. Any
prior oral or written agreements or understandings of any kind between the parties relating to the
subject matter hereof are null and void and of no further effect.
G.
Amendments.
This lnterlocal Agreement may be amended only by
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express written instrument approved by the Board of County Commissioners of tbe County and
the City Commission of the City, and executed by the authorized officers of each party.
H. Counterparts. '['his Interlocal Agreement and any amendments thereto
may be executed in one or more counterparts, each of which shall be deemed an original, but all
of which shall constitute one and the same instmment.
I. Notices. Any notice required to be given or otherwise given by one party
to the other party shall be in writing and shall be deemed delivered when given by hand delivery;
five (5) days after being deposited in the United States Mail, postage prepaid, certified or
registered; or the next business day after being deposited with a recognized ovemight mail or
courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission; and addressed as follows:
If to the County:
Director, Orange County Public Works Department
4200 South John Young Parkway
Orlando, Florida 32839
Facsimile: (407) 836-7716
With a copy to:
County Attorney
Orange County Administration Center
201 South Rosalind Avenue
Orlando, Florida 32802
Facsimile: (407) 836-5888
If to the City:
City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
Facsimile: (407) 656-5725
In all cases, notices shall be deemed delivered to a party only upon delivery of copies to
the persons indicated above in the same manner as for the party being notified. Either party may
8
change its designated official or address for receipt of notice by giving notice of such change to
the other party in the manner provided in this section.
6. Effective Date. '1'his Interlocal Agreement shall become effective on the date of
execution by the County or the date of execution by the City, whichever date is later.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year indicated below.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:____.. _______________
Richard T. Crotty, County )\ifayor
Oate:_______________________,2007
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
By:__ _
Deputy Clerk
ATTEST:
CITY OF OCOEE,FLORIDA
-
Beth Eikenberry, City Clerk
By: __________
S. Scott Vandergriff, Mayor
(SEAL)
Date:
,2007
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this __ day of
,2007.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON, 2007
UNDER AGENDA ITEM NO.
FOLEY & LAR"iDER LLP
By:
City Attomey
Jprinsell :Al'gcnl: Roads-'J'ranslh-Ckoec-Pal'kridgc-Gotha(O 1!3 1;(7)
9
EXHIBIT "A."
Maguire Road from Franklin Street to Parkridge Gotha Road
Traffic Volumes
2005 AADT
Maguire Road from Plant Street to Story Road -- 13,407
IVlaguire Road from Story Road to West Colonial Drive - 12,200
Maguire Road from West Colonial Drive to Robertson Road - 21,033
Maguire Road from Robertson Road toParkridge Gotha Road - 10.822
EXHIBIT "B"
Project:
lnter/ocat Agreement for the Transfer of Jurisdiction of lUaguire
Road/Kissimmee Avenue/Bowness Roadfrom Franklin Street to Parkridge--
Gotha RO{ld (but excluding the two intersections of Franklin Street and
Maguire (Bowness) Road and Parkridge-Gotha Road and JlJaguire Road)
COUNTY DEED
THIS DEED, made the _ day of , A.D., 2007, by ORANGE COUNTY, a
charter county and a political subdivision of the state of Florida, whose address is P. O. Box
1393, Orlando, Florida 32802-1393, GRANTOR, and the City of Ocoee, a municipal
corporation, under the laws of the state of Florida, whose address is 150 North Lakeshore Drive,
Ocoee, Flonda 34761, GRANTEE.
WITNESSETH: That the GRANTOR, for and in consideration of the sum of$1 0.00 and
other valuable considerations, in hand paid by the GRANTEE, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quit-claim unto the said GRANTEE forever, all
the right, title, interest, claim, and demand which the GRANTOR has in and to the following
described lot, piece, or parcel of land, situate, lying and being in the county of Orange, state of
Florida, to-wit:
See attached Schedule "A"
Property Appraiser's Parcel Identification Numbers:
Unassi1!ned
THIS COUNTY QUIT-CLAIM DEED is being given in accordance with the Jnterlocal
Agreement regarding Transfer of Jurisdiction of Maguire Road from Franklin Street to
Parkridge-Gotha Road (but excluding the two intersections of Franklin Street and Maguire
(Bowness) Road and Parkridge-Gotha Road and Maguire Road).
TO HA VE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anyways appertaining, and all the estate, right, title, interest, lien,
equity, and claim whatsoever of the GRANTOR, either in law or equity, to the only proper use,
benefit, and behoove of the GRANTEE forever.
1
EXHIBIT "B"
Prl~ject:
Interlocal Agreement/or the Transfer ofJurisdictioll ofl~Jaguire
Road/Kissimmee A veuuelBowlless Road from Fl"Ul1klin Street to Parkridge-
Go tit a Road (but excluding the two intersections ofFrallklin Street and
Maguire (Bowlless) Road and Parkridge -Gotlta Road and IlJaguire Road)
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed
in its name by its Board, acting by the County Mayor, the day and year aforesaid.
(Official Seal)
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:._______.__..__.._._.________.____.._._ ._____.
Richard T. Crotty,
Orange County Mayor
Date:
,2007
ATTEST: Martha O. Haynie, Orange County Comptroller
as Clerk of the Board of County Commissioners
By:
Deputy Clerk
Print Name:
jprinsell:agrcnt:exhlbit-B-intrld-agm .ocoee-Iranklm-parkridge-gotha rd(O I f31 !(7)
2
SCHEDULE "A"
LEGAL DESCRIPTION
FOR TIlE TRANSFERS OF MAGUIRE ROAD, H.~'1. BOWNESS ROAD
AND SOUTH KISSIMMEE ROAD
TO
THE CITY OF OCOEE
A portion of right of way lying in Sections 18, 19,20,29,30,31 and 32, Township 22
South, Range 28 East and Sections 5 and 6, Township 23 South, Range 28 East, Orange
County,Florida . Being more particularly described as follows:
All that right of way for H.M. Bowness Road, Maguire Road and South Kissimmee Road
lying South of the South right of way line of West Franklin Street and North of the
intersection of Maguire Road with NOlth right of way line of Park Ridge Gotha Road.
Containing 45 acres, more or less.
Terrance A. Lewis (P.S.M. #4644)
Portion of Maguire Road/Kissimmee Avenue/Bowness Road
to be Transferred from Orange County to City of Ocoee
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Copy of Public Hearing Advertisement
Date Published
So4lAV"d~
JLlti l~~ ~oo1
ortaV\~o 5"en{irtd. C(a istfl.lJD
Advertisement
Public Hearing
Notices
LEGALADVERTlSEMENT
, Re::~f:g'~:'~bY~.HJ::i'Wom
: Cou.o' C~ Sl:.~ ~.~~ City
Notice is ,'herebY given thot
the City Commission of the
City of Ocoee will hold 0
public hearing concerning
the proposed transfer of
Maguire Rood/Kissimmee
Avenue/Bowness Rood from
Franklin Stree,t to Park-
ridge-Gotha Road from the
County Road System to the
City of Ocoee Street
System, The public hearing
will be held on Tue.dey, August
~h~Ja1:e~15af'''!;rg~t?~a ~o~~
the Ocoee City Commission
Chambers, 150 North Lake-
shore Drive, Ocoee, Flori.
da, Any interested party
shall be advised that the
dates, times, and places of
any continuation of this
hearing or a continued pub-
lic hearing shall be an-
nounced during the hearing
and that no further notices
regarding will be published,
A copy of the proposed I n-
terlocal Agreement between
Orange County and the City
regarding the road transfer
may be inspected by the
public at the Ocoee City
Clerk's Office, 150 North
LakE:shore Drive, Oeoee,
Florida, between the hours
of 8:00 a,m, and 5:00 p,m"
Monday throu~h Friday, ex-
cept legal holidays,
Interested parties may ap,
pear at the public hearing
and be heard with respect
to thepropased road trans-
fer, Any person wishing to
oppeal'on'y decision made
during the pUblic hearing
will need -Q record of the
proceedings and for this
purpose may need to ensure
that a verbatim record oj
the proceedings -is made
which includes the testimo-
ny and evidence upon which
t~~s a,;;r~a6i~~~mli,~' .ie~d:
ing assistance to participate
in any df"'the proceedings
should' contact the City
Clerk's'Office 48 hours in
advonc.",of the meeting at
(407) 905'3105,
. BETH EIKENBERRY, CITY CLERK,
CITY OF OCOEE
COR434356 7128/07