HomeMy WebLinkAbout2002 06 10 Informational E Abandoned Vehicles on Nursery Rd.
COMMISSION AGENDA
ITEM E
Consent
Informational X
Public Hearing
Regular
June 10. 2002
Meeting
jl/ fi
Mgr. / / Dept. .., ",.It.
Authorization
REQUEST:
The Community Development Department- Code Enforcement
Division requests the City Commission considers information
regarding parking of abandoned vehicles on Nursery Rd..
PURPOSE:
The purpose of this agenda item is to request the City Commission
considers information regarding abandoned vehicle parking on Nursery
Rd.
APPLICABLE LAW AND PUBLIC POLICY:
Section 12-54 authorizes the Police Department to impound any
abandoned vehicle on public rights-of-ways. On May 13,2002, the City
Commission approved an lnterlocal Agreement conveying maintenance
responsibility to the City of Winter Springs of certain roadways.
("Interlocal Agreement Between Seminole County And The City of
Winter Springs Relating to Road Transfers")
CONSIDERATIONS:
There has been a history of parking abandoned and disabled vehicles
along the roadway on Nursery Road. Since the Interlocal Agreement has
been implemented, the Code Enforcement Division has issued warnings to
the owners of these vehicles. As of May 24,2002, there were no disabled
or abandoned vehicles along this roadway.
JUNE 10, 2002
lNFORMATIONAL AGENDA ITEM E
Page 2
ATTACHMENTS: A.
Agenda Item C, City Commission Agenda, May 13,2001-
including the Interlocal Agreement
COMMISSION ACTION:
ATTACHMENT A
COMMISSION AGENDA
ITEM
c
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
May 13, 2002
Meeting
MGR /DEPT
Authorization
REQUEST: Public Works Department Recommending the City Commission approve the
Interlocal Agreement Relating to Roads Transfers.
PURPOSE: The purpose of this Board item is to request that the City Commission approve the
Interlocal Agreement between Seminole County and the City of Winter Springs
Relating to Road Transfers .
CONSIDERATIONS:
This agenda item is needed for the City and Seminole County to transfer and maintain
certain roads within the City as agreed to by both parties which accurately reflects the benefit
to City and County residents. In 1987, an interlocal was executed between the City and
Seminole County that obligated the City to maintain County roads apparently in anticipation
that the areas abutting these roads would be annexed.
This agreement conveys maintenance responsibility back to the County for those roads
where annexation did not occur (Boat Club Road, Jessup Road, Lake Street, Nancy Drive,
county portion of Spring Avenue, Spring Drive, and Orange Avenue), conveys ownership to
the City of roads where adjacent properties were annexed (Shepard Road, Brantley A venue-
aka Tuskawilla Road north ofS.R. 434, Nursery Road, and Magnolia Street), and keeps
maintenance responsibility for those roads where annexations are underway or anticipated
(Railroad Avenue, Milky Way, Natures Way and Old Sanford Oviedo Road).
The transfer of Tuskawilla Road (north of S.R. 434) is needed to complete the
proposed Town Center improvements project currently underway
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May 13, 2002
Consent Agenda Item C
Page 2
FUNDING:
No funding is needed.
RECOMMENDATION:
It is recommended that the City Commission approve the Interlocal Agreement
between Seminole County and the City of Winter Springs Relating to Road Transfers.
ATTACHMENTS:
1.
Interlocal Agreement between Seminole County and the City of Winter
Springs Relating To Spring Avenue Paving and Maintenance.
Index Maps
2.
COMMISSION ACTION:
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A TT ACHMENT NO
_ 1
lNTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS
RELATING TO ROAD TRANSFERS
THIS AGREEMENT, entered into this
day of
, 2002, by and
between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose
address is Seminole County Services Building, 1101 East First Street, Sanford, Florida
32771, (hereafter referred to as the "COUNTY") and the CITY OF WINTER ~PRINGS,
a Florida municipal corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida 32708, (hereafter referred to as the "CITY").
WIT N E SSE T H:
WHEREAS, the parties have the common power to construct and maintain roads
within their geographical jurisdictions; and
WHEREAS, certain local roads within Seminole County, Florida, are located
partially in or abutting the COUNTY and partially in or abutting the CITY; and
WHEREAS, certain roads in the jurisdictional boundaries of the COUNTY road
system are located within the boundaries of the CIT~; and
WHEREAS, the COUNTY and the CITY are agreeable to transferring ownership,
maintenance and functional responsibility of the roads hereafter specified; and
WHEREAS, the CITY and the COUNTY wish to advise the Florida Department of
Transportation ("FOOT") of the transfers provided for herein by means of the COUNTY
providing FOOT, District 5, with a certified copy of this Interfocal Agreement; and
WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters
125, 126, 163, and 166, Florida Statutes, and by Sections 335.0415 and 337.29, Florida
Statutes, and other applicable law; a'nd
1
',/
WHEREAS, the parties hereto have determined that this Agreement ~s In
furtherance of the community health, safety and welfare and the public interest;
NOW THEREFORE, in consideration of the premises herein, the parties hereby
agree as follows:
Section 1. Recitals. The above recitals are true and correct and form a
material part of this Agreement upon which the parties have relied.
Section 2. Purpose.
(a) The purpose of this Agreement is for the COUNTY to assign and transfer
-
to the CITY ownership, jurisdiction over and full functional responsibility for the following
roads:
(i). That portion of Shepard Road which is located east of State Road
15-600 (United States Highway 17/92); and
(ii) That portion of Brantley Avenue from State Road 434 to Lake
Jesup;and
(iii) Railroad A venlje~ 'ana"''''
(iv) Milky Way; and
(v) Natures Way; and
(vi) Old Sanford Oviedo Road~and--... ........ ....... ... .
(vii) Nursery Road from US 17/92 to Phillip Street; and
(viii) Magnolia Street frO:m Phillip Street to the dead end.
(b) It is further the purpose of this Agreement for the CITY to assign and
transfer to the COUNTY ownership, jurisdiction over and full functional responsibility for
the fol/owing roads:
(i) Boat Club Road; and
2
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(ii) Jessup Road; and
(iii) Lake Street; and
(iv) Nancy Drive; and
(v) Springs Avenue from the CITY limits to Lake Street; and
(vi) Spring Drive; and
(vii) Orange Avenue from Brantley Avenue to the dead end.
Section 3. Transfer of Responsibility.
(a) Upon the date this Agreement is executed by both parties, the CITY shall
ha,:e- ownership of, plenary authority over and full responsibility for the functional
operation and maintenance of the roads specified in Section 2(a) above. All of the
COUNTY's rights, responsibilities, liabilities, duties and obligations as to the referenced
roads shall be transferred to and assumed by the CITY and the subject roads shall be
deemed CITY streets for all intents, purposes, and effects.
(b) Upon the date this Agreement is executed by both parties, the COUNTY
shall have ownership of, plenary authority over and. full responsibility for the functional
operation and maintenance of the roads specified in Section 2(b) above. All of the
CITY's rights, responsibilities, liabilities, duties and obligations as to the referenced
roads shall be transferred to and assumed by the COUNTY and the subject roads shall
be deemed COUNTY roads for all intents, purposes, and effects.
Section 4. Limitations of Agreement. It is not the intent of this Agreement to
change the jurisdiction of the parties in any manner except as specifically provided
herein. All other policies, rules, regulaticns and ordinances of the COUNTY and the
CITY will continue to apply as to properties located within the jurisdiction boundaries of
each party hereto. The maintenance of side roads, street name signs and stop signs
.?;
3
are the responsibilities of the parties in whose jurisdiction such roads and signs ~re
located. except as otherwise proved herein.
Section 5. Other -Agreements. The parties agree to execute such
instruments and documents as may be required to effectuate this Agreement. including
the attached exhibits. or as may be required by the Florida Department of
Transportation. To the extent this Agreement is inconsistent with the In,terlocal
Agreement between-the parties dated February 9, 1987, the terms of this Agreement
shall control.
- Section 6. Employee Status. Persons employed by the CITY in the
performance of services and functions pursuant to this Agreement shall not be deemed
to be the employees or agents of the COUNTY, nor shall they have any claims to
pensions, worker's compensation, unemploymer:lt compensation, civil service or other
employee rights or privileges granted to the COUNTY's officers and employees e.ither
by operation of law or by the COUNTY. Persons employed by the COUNTY in the
performance of services and functions pursuant to t~is Agreement shall not be deemed_
to be the employees or agents of the CITY, nor shall they have any claims to pensions,
worker's compensation, unemployment compensation, civil service or other employee
rights or privileges granted to the CITY's officers and employees either by operation of
law or by the CITY.
Section 7. Indemnification. Neither party to this Agreement, its officers,
employees or agents shall be deemed to assume any liability for the acts, omissions or
negligence of the other party, its officers, employee or agents, except as provided by
this Agreement.
4
Section 8. Notices.
(a) Whenever either party desires to give notice to the other party, notice may
be sent to:
For the COUNTY:
Gary Johnson, P.E., Public Works Director
520 West Lake Mary Boulevard
Reflections Plaza
Suite 200
Sanford, FL 32773
For the CITY:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
(b) Either of parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices. Each such notice shall be deemed
delivered on the date delivered if by personal delivery or on the date of transmission if
by facsimile, or on the date upon which the return receipt is signed or delivery is refused
or notice is designated by the postal authorities as not deliverable, as the case may be,
if mailed or date of delivery by overnight delivery services as evidenced by a service
receipt.
Section 9. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, shall be an original, but all
counterparts shall together constitute one and the same instrument.
Section 10. Entire Agreement.
This Agreement cons.titutes the entire
agreement of the parties with respect to the subject matter hereof, and neither this
Agreement nor any portion of it may not be altered, modified, waived, deleted or
amended except by a written instrument equal in dignity herewith anq executed by the
5
parties to be bound thereby. This Agreement supercedes all oral agreements and
\
negotiations between the parties relating to the subject matter of this Agreement, as
well as any previous agreements in effect between the parties relating to the subject
matter of this Agreement.
Section 11. Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the successors in interest, transferees and assigns of the parties. j
Section 12. Public Records. The parties shall allow public access to all
documents, papers, letters or other materials subject to the provisions of Chapter 119,
-
Florida Statutes, which have been made or received in conjunction with this Agreement.
. Section.13. Conflict of Interest. Both parties agree that they will not commit
any act in the performance of its obligations pursuant to this Agreement that would
create a conflict of interest, as defined by Chapter 112, Florida Statutes.
Section 14. Effective Date. This Agreement shall take effect on the date that it
is executed by both parties hereto.
IN WITNESS WHEREOF, the parties here~o have made and executed this
Agreement on the date first written.
ATTEST:
CITY OF WINTER SPRINGS
ANDREA LORENZO LUACES.
City Clerk
By:
PAUL PARTYKA, Mayor
Date:
For the use and reliance of the City
of Winter Springs only. Approved
as to form and legal sufficiency.
As authorized for execution by the City Com-
mission at its , 2002
regular meeting.
City Attorney
6
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
DARYL G. MCLAIN, Chairman
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
Date:
For the use and reliance of
Seminole County only. Ap-
proved as to form and legal
sufficiency.
As authorized for execution by the Board
of County Commissioners at its I 2002
regular meeting.
County Attorney
SPL\dre
04\9\02
2 Attachments
Exhibit "A" -Interlocal Transfer (City of Winter Springs)
Exhibit "B" -Interlocal Transfer (Seminole County)
P:IUserslCaslO1 \AgreemenlslWinler Springs Intef10caf (Road Transfer)1.doc
7
~.
SEMINOLE COUNTY AND CITY OF WINTER SPRINGS
INTERLOCAL TRANSFER OF ROADS
THIS INSTRUMENT is made this
day of
, 2002, by
SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is
Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771,
(hereafter referred to as the "COUNTY"), and the CITY OF WINTER SPRINGS, a
Florida municipal corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida 32708, (hereafter referred to as the "CITY").
WIT N E SSE T H:
THE COUNTY for and in consideration of the sum of ONE and NO/100
DOLLARS ($1.00), in hand. paid by the CITY, the receipt of which is hereby
acknowledged, does hereby transfer, release, and convey to the CITY, its successors
and assigns forever, all interest and ownership (to the extent that it has any),
responsibility, liability, control, rights, and authority, to include, but not limited to,
specifically, the construction, maintenance, operation, repair and any and all other
responsibilities, duties, and obligations for the following roadways:
(i). That portion of Shepard Road which is located east of State Road 15-600
(United States Highway 17/92); and
(ii) That portion .df Brantley Avenue from State Road 434 to Lake Jesup; and
(iii) Railroad Avenue; and
(iv) Milky Way; and
(v) Natures Way; and
(vi) Old Sanford Oviedo Road; and
(vii) Nursery Road from US 17/92 to Phillip Street; and
EXHIBIT "A-1"
,
(viii) Magnolia Street from Phillip Street to the dead end.
The terms of the Interlocal Agreement which this transfer document implements
are merged into this instrument of conveyance.
IN WITNESS WHEREOF the COUNTY has caused this instrument to be
executed in its name by the Chairman of the Board of County Commissioners and the
CITY acknowledges acceptance of this instrument by its Mayor, on the day and year
aforesaid.
ATTEST:
CITY OF WINTER SPRINGS
By:
PAUL PARTYKA, Mayor
ANDREA LORENZO LUACES,
City Cferk
Date:
For the use and reliance of the City
of Winter Springs only. Approved
as to form and legal sufficiency.
As authorized for execution by the City Com-
mission at its , 2002
regular meeting.
City Attorney
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
DARYL G. MCLAIN, Chairman
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
Date:
For the use and reliance of
Seminole County only. Ap-
proved as to form and legal
sufficiency.
As authorized for execution by the Board
of County Commissioners at its
2002, regular meeting.
County Attorney
04/9/02
P:IUSERSICASL01IAGREEMENTS\WINTER SPRINGS INTERLOCAL ROADS TRANSFER (COUNTY)1.00C
EXHIBIT "A-2"
.I..-
SEMINOLE COUNTY AND CITY OF WINTER SPRINGS
INTERLOCAL TRANSFER OF ROADS
day of
, 2002, by
THIS INSTRUMENT is made this
SEMINOLE COUNTY. a political subdivision of the State of Florida, whose address is
Seminole County Services Building, 1101 East First Street. Sanford, Florida 32771,
(hereafter referred to as the "COUNTY"), and the CITY OF WINTER SPRINGS, a
I
Florida municipal corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida 32708, (hereafter referred to as the "CITY").
WIT N E SSE T H:
. 'THE CITY for and in consideration of the sum of ONE and NO/100 DOLLARS
($1.00), in hand paid by the COUNTY, the receipt of which is hereby acknowledged,
does hereby transfer, release, and convey to the COUNTY, its successors and assigns
forever, all interest and ownership (to the extent that it has any), responsibility, liability,
control, rights, and authority, to include, but not limited to, specifically, the construction,
maintenance, operation, repair and any and all other responsibilities, duties, and
obligations for the following roadways:
(i) Boat Club Road; and
(ii) Jessup Road: and
(iii) Lake Street; and
(iv) Nancy Drive; and
(v) Springs Avenue from the CITY limits to Lake Street; and
(vi) Spring Drive; and
(vii) Orange Avenue from Brantley Avenue to the dead end.
EXHIBIT "B-1"
The terms of the Interlocal Agreement which this transfer document implements
are merged into this instrument of conveyance.
IN WITNESS WHEREOF the CITY has caused this instrument to be executed in
its name by its Mayor and the COUNTY acknowledges acceptance of this instrument by
its Chairman of the Board of County Commissioners, on the day and year aforesaid.
ATTEST:
CITY OF WINTER SPRINGS
By:
PAUL PARTYKA, Mayor
ANDREA LORENZO LUACES,
City Clerk
Date:
For the use and reliance of the City
of Winter Springs only. Approved
as to form and legal sufficiency.
As authorized for execution by the City Com-
mission at its , 2002
regular meeting.
City Attorney
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
DARYL G. MCLAIN, Chairman
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
Date:
For the use and reliance of
Seminole County only. Ap-
proved as to form and legal
sufficiency.
As authorized for execution by the Board
of County Commissioners at its
2002, regular meeting.
County Attorney
SPL\dre
03\ 13\02 I
P:\USERS\CASL01\AGREEMENTS\WINTER SPRINGS /(),lTERLOCAL ROADS TRANSFER (CITY).DOC
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