December 16, 1993Cty of Okeechobee
55 S.E. Third Avenue Okeechobee, Florida 34974 2932.813/763 -3372
December 16, 1993
To: City Council
From: John Cook
City Attorney
OBWA /Okeechobee County lawsuit
To update you on t.11. litigation, OBWA has made an offer,
rather a demand, to settle this case by December 31, and failing to
do so, they plan to Clive their system to Okeechobee County, with
the proviso similar to thet in the franchise ordinance that at no
time will the system i.I,t. -u- connect, nor will any hart of a City
debt be passed on to °RUA customers. (copy of OBWA letter attached)
You can see by the letter, that they propose an agreement
carving up the service area, but leaving the area below the new
Wolf Road extension "open territory" so to speak, with the
landowners choosing which system they would prefer to deal with.
Since al 1 this is owned. l:.v Jack Coker, there is little doubt he
would deal with 0.1 F Jen though there are no water lines to_ Us
property, and no c1iuce of wastewater service, absent building
their own plant.
re:
I met `ien .i deV. `'eember 15, with the h'1nty Attorney;
Burton Conner; L.C. n r; Bill Reese, and Rick r,otepiech, eer
Tallahassee d uss all this. Staff opinion, considering
the alternative:,, le, that the OBWA offer outlined jn their letter
is not in tLe int rests of the City, ner its utility
customers. We plan Lc' review this entire scenario again this nc;:t
week, for a final r er'oI i' to the Council at a meeting
to be set on Decembjei 30, or final council action.
I learned today .1 'he e County Commission has 7)dopted, at ''he
urging of the 1_'usine: council, the suggestion toecommend a GO
day moratorium on .,1' co action between the parties. In this
time period, a task force composed of members from each interested
party, would meet- .,tier the alternatives a,, to hopeful 1 y
arrive at a cleci:3 Loci th7t would benefit all the citizens of
Okeechobee County. I weeld recommend that this council !:,v
resolution this evening iso agree to the 60 day period.
Perhaps, .in. l i e h t r _leis new development, OEtIA would back f
on their December .7,1 e m;: tun and also wort: in this process: we' l l
have to see.
John R. Cook
John Cook, Esquire
Okeechobee City Attorney
(nand Delivery)
L J. .J 1 V -1 .J 1 V V 1 V
RP,: OBWA vs. City of Okeechobee
Dear John:
2 \01, w:1 \c i t y\c o o k 1111.1 e t
0
November 16, 1993
LeI. 1 t JSJ 1 1 1t) 1'1U Li 1 .1 r
The following is what I think would be a reasonable long -term settlement of the disputes
between OI5WA and the City:
1. The following service area will be served by OBWA:
:1) IJverything'-est. rind south of the existing 201 Service Area.
b) S32- T37S -R35E (Wolff and Davis property)
c) North 1/2 of S5 -1 38S -R35E, except for existing City cistomers.
d) S3 and 1 -T38 -R35E, except for existing City customers.
c) S35- T37S- R351i
f) S36- T37S R35E, except Rowland Foundation property and any other
parcel in the NE 1/4 not presently served by OBWA.
g) S25-T37S-R35E
li) S26- T37S R35E, except any property north of Taylor Creek not
presently served by O13WA.
2. The following service area will be served by the City:
a) S33- T37S -R35F,
b) S30 and 31 -S -RAE, and everything east and southeast thereof.
c) Rowland Foundation property and any other parcel in the NE .1/4 of
S36-T37-R35E not presently served by OI3WA.
cl) Everything north of Taylor Creek lying in S26-T37S-R35 :37S -R35 not presently
served by OBWA.
1
3. OBWA will give the King's Bay water plant to the City.
'1. As to any port of 527- S -R35E anc 534- T37S -13 south the
prop cd Wolff Ro Extension of served by BWA or the "ty, I wo d
propos that we leave up to the veloper of e, 11 parcel to de
entity wi rve a parce This area o and is truly "middle grog of
developable nd between the two system so let the near t determine who
serves that area.
5. OI3WA will agree to an amendment to the franchise from the Coulity to
reduce our service area within the 201 Facility Planning Area to the limits
outlined above.
6. The City will drop all further challenges to the construction of OBWA's water
plant and well field.
Please advise.
Sincerely,
BURTON C. CONNER
BCC /ktd
2k>hwak.; ylcookl 1 J 1.1ct
.4U1 VJiV LCI. 10 1( 1CS INU .UU1
0 II) 35
2