County's Request to Produce (Undated) REQUEST TO PRODUCE
PURSUANT TO CHAPTER 119 , FLORIDA STATUTES
The County of Okeechobee, by and through its undersigned attorney,
requests that the City of Okeechobee produce the following documents,
pursuant to Chapter 119, Florida Statutes:
I. DEFINITION OF TERMS-As used in this Request, the following terms
have the meaning indicated:
A. Reference to any corporate or business entity shall
include all successors, subsidiaries, divisions, parents, affiliates,
and merged or acquired predecessors of them. Reference further
includes all officers, directors, other employees, attorneys,
accountants, agents or other representative of any nature.
B. "Documents" refer to all written or graphic material and
all copies that are not identical in all respects with the original,
however produced or reproduced, of any kind and description, in the
actual or constructive possession, custody or control of THE CITY OF
OKEECHOBEE which are further described below, including, but not
limited to, originals and non-identical copies of correspondence,
paper, books, pamphlets, periodicals, accounts, letters, microfilm,
telegrams, notes or sound recordings or other memorials of any type
of personal or telephone conversations or meetings or conferences
(including, but not by way of limitation, telephone bills and long
distance telephone call charge slips) , minutes of directors,
shareholders, or committee meetings, memoranda, photographs, objects,
interoffice communications, records, reports, studies, written
forecasts, projections, analysis, estimates, designs, plans, group
prints, drawings, schematic and other diagrams, specifications,
contracts, options, licenses, agreements, purchase orders,
acknowledgment forms, quotation files, including requests and
receipts therefor and acknowledgments, reports, account reports,
drafts, charts, graphs, indexes, statistical records, cross-sheets,
abstracts of bids, stenographers' notebooks, calendars, appointment
books, diaries, or transaction files, data sheets, data processing
cards and tape and computer printouts.
C. "Communications" refers to the act or fact of communicating
in any way including, but not limited to, correspondence, telephone,
facsimile, telex, meeting or any occasion of joint or mutual
presence, as well as the transfer of any document from one person to
another.
D. The phrase "care, custody, control or possession"
specifically includes documents held by you or any of your
representatives, howsoever designated, including your attorneys.
E. The terms "you" or "yours" refers to THE CITY OF
OKEECHOBEE, together with its agents, employees, other
representatives and attorneys.
F. The terms "related to" or "relating to" shall mean directly
or indirectly mentioning or describing, pertaining to, being
connected with, or reflecting upon a stated subject matter.
II. DOCUMENTS UPON WHICH PRIVILEGE IS CLAIMED-For each document
requested herein which is sought to be withheld under a claim of
privilege, provide the following information:
(a) The place, approximate date, and manner of recording or
otherwise preparing the document;
(b) The name and title of sender, and the name and title of
the person who received the document;
(c) The name and corporate position, if any, of each person
to whom the contents of the documents have heretofore been
communicated by copy, exhibition, reading or substantial
summarization;
(d) A statement of the basis on which privilege is claimed and
whether or not the subject matter of the contents of documents, is
limited to legal advice or information provided for the purpose of
securing legal advice;
(e) The name of the request to which the document is
responsive;
(f) The entity and corporate position, if any, of the
person or persons supplying the attorney with the information
requested in (a) through (e) above.
III. IDENTIFICATION OF DOCUMENTS-In an effort to promote an orderly
presentation of documentary evidence in this case, and to insure full
compliance with this process, THE CITY OF OKEECHOBEE should identify
each document produced in response to this Request with identifying
initials and consecutively number the same.
IV. IN CONSTRUING THIS REQUEST:
(a) The singular shall include the plural and the plural shall
include the singular.
(b) A masculine, feminine or neuter pronoun shall not exclude
the other gender.
(c) If a Request for Production is silent as to the time span
for which production is desired, production shall be made of all
documents requested regardless of their time of creation.
(d) Each request shall extend to all documents which are, or
have been, in the possession or subject to the control of the CITY
OF OKEECHOBEE, its representatives, agents or attorneys at any time
during the period of time covered by this Request.
V. DOCUMENTS TO BE PRODUCED:
1. Water and Waste Water System Capacity Charge and Connection
Fee Rate Study, By Lorne W. Hunsberger (1986) , and any amendments
thereto.
2. Series 1992 A Bond Issue Official Statement.
3. Series 1992 B Bond Issue Official Statement.
4. All reports from Knepper and Willard regarding the "Taddy"
system.
5. All pleadings from the "Taddy" litigation, including, but
not limited to: Complaints, Answers, Settlement Agreements, and
Final Judgments.
6. All pleading from the "Sharp Construction " litigation,
including, but not limited to : Complaints, Answers, Settlement
Agreements, and Final Judgments.
7 . All minutes of all City Council meetings at which the
"Taddy" litigation or the "Sharp Construction" was discussed,
including, but not limited to, discussions by the City Council
regarding settlement of the above-stated litigation matters.
8. All ordinances of THE CITY OF OKEECHOBEE which relate to
water and sewer, including ordinances currently in effect and
ordinances which have been amended or repealed.
9. The City of Okeechobee Waste Water Master Plan.
10. The City of Okeechobee Capacity Analysis Report, by
Knepper and Willard.
11. Operation and Maintenance Performance Report, by Knepper
and Willard.
12. The Water Plan.
13 . City of Okeechobee Utility Rate Study, by PMG Associates,
Inc. (1991) .
14 . Any and all other reports generated by PMG Associates,
Inc. relative to rates, or any other topic which may be the subject
of the CITY OF OKEECHOBEE's challenge to the COUNTY OF OKEECHOBEE's
Comprehensive Plan.
15. Any and all invoices for services rendered and related
expenses submitted by John R. Cook, Esquire, Michael Wm. Morell,
Esquire, or any other attorneys, in connection with the CITY OF
OKEECHOBEE's challenge to the COUNTY OF OKEECHOBEE's Comprehensive
Plan.
16. Relative to the CITY OF OKEECHOBEE' s challenge to the
COUNTY OF OKEECHOBEE's Comprehensive Plan, produce the following
documents:
A. All correspondence between any or all of the
following persons: Michael Wm. Morell, Esquire, John R. Cook,
Esquire, John Drago, the City Council, or any other official or
employee of the CITY OF OKEECHOBEE.
B. All contracts or correspondence with any expert
witnesses which the CITY OF OKEECHOBEE intends to call at the hearing
on this matter.
C. All minutes of any City Council meetings at which
this matter was discussed, whether such meetings took place before
or after the filing by the CITY OF OKEECHOBEE of its challenge to the
COUNTY OF OKEECHOBEE's Comprehensive Plan.
D. Any and all documents which the CITY OF OKEECHOBEE
intends to introduce at the hearing of this matter.
17. The CITY OF OKEECHOBEE Sewer System Master Plan, by
Knepper and Willard (1992) .
18 . Water Distribution System Master Plan, by Reese, Macon
and Associates (1991) .
19. Broome Engineering 1989 City Engineering Report.
20. FDER User Charge Review.
21. Any other reports, correspondence or other documents relating
to the current condition or operating limitations of the City's water
System and Sewer System.
22 . Any and all notices of violation penalties, fines, citations,
notices of moratorium, restrictions, or notices of deficiencies from
any state or federal agency, relative to the City's Water System and
Sewer System.
Please call us when the documents requested are ready for us to pick
up, and at that time, notify us of the charges, if any, for this
request.
Law Office of
CASSELS & McCALL
i
BY: ...- .
410011111.r 411N D. CASSELS, +-t.
County Attorn-
Fla Bar No: 0261521
400 N.W. 2nd Street
Okeechobee, FL 34972
813-763-3131