1993-05-19 Cook to BOCC *
• • P X31
•
4
tot *Kit
s
14 -;.7 City of Okeechobee
�ztcKCO;,•�
rvsi/
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 . 813/763-3372
V:, '•
rri
C�
.,.-r -L
—4 CD
May 19 , 1993 rrn
CD
Hand Delivered
T?"�
Honorable Charles W. Harvey N
�
Chairman, Okeechobee County Board of County Commissioners r--
304 N.W 2nd Street , Room 106
Okeechobee , Florida 34972
Re: Notification pursuant to Florida Statutes, Chapter
164 -
Dear Chairman Harvey:
In accordance with the direction from the City Council of the
City of Okeechobee , this letter shall constitute the formal notice
required by Chapter 164, Florida Statutes , of the intent of the
City to file appropriate litigation against potential parties ,
including Okeechobee County , concerning the enactment by Okeechobee
County of Ordinance No . 93-5 on April 29, 1993. This ordinance
granted a franchise to the Okeechobee Beach Water Association, Inc.
for the purposes of operating a water and sewer system and
supplying water , sewer service or reuse water to persons and
corporations "within and beyond" the limits of a service area
defined and described in the ordinance.
It is the City ' s position that the mandatory meeting
requirements set forth in Chapter 164 at § 164. 103(2) have not been
met by the joint meeting held between the Okeechobee County Board
of County Commissioners and the City Council for the City of
Okeechobee on May 6, 1993.
Despite the requirement of providing this notice no less than
45 days in advance of the filing of any litigation, the City of
Okeechobee does not hereby waive its right to exercise any judicial
or administrative remedies authorized pursuant to law, including
those remedies authorized pursuant to Article XII , Section I3. 07 . 00
of Okeechobee County ' s Land Development Code , or to subsequently
find that an immediate danger to the health, safety or welfare of
the public would require immediate action such that no notice would
be required before such a suit is filed.
,
P ,
•
• r
6
C 4
•
•
Honorable Charles W. Harvey
May 19, 1993
Page Two
PLEASE GOVERN YOURSELF ACCORDINGLY .
Sincerely yours , .
John R. Cook
City Attorney
cc. Honorable Chairmen and Members of the City Council of the City
of Okeechobee
Sohn D. Cassels , Jr. , Esquire
County Attorney, Okeechobee County
•
•