01/5/1977 - Laserfiche WebLink

Home Browse Search

REUBIN O.O. ASKEW GOVERNOR Department ®f Transportati®n Haydon Bums Building, 605 Suwannee Street, Tallahassee, Florida 32304, Telephone (904) 48818772 °Po " TOM WEBB, JR. SECRETARY December 20, 1976 George G. Collins, Jr., Esquire Attorney to the Board of County Commissioners P. 0. Box 1028 Vero Beach, Florida 32960 Re: 17th Street Bridge - Indian River County Dear Mr. Collins: In my opinion the Department is now bound, along with the City, by the Final Judgment entered by the Court in the case of Barbara Jenkins vs. City of Vero Beach and the State of Florida, Department of Transportation, entered February 13, 1976. r It is my understanding that the Court ruled that the land in question is not a road; that the City has good title; that* the City can convey or the Department acquire by condemnation, but that in either event the right of the City to maintain the utilities located therein must be preserved. It now appears that in order for the proposed road to be built the utilities lying in the land to be used for right-of- way must be relocated. The right of the City to maintain the utility lines where now located is a valuable property right and in my opinion the cost of obtaining the rights of the City becomes a cost of the acquisition and construction of the road, subject to payment from the proceeds of the second gas tax allocated to the County. Accordingly, in my opinion the use of second gas tax money as contemplated in the Agreement, dated November 16, 1976, between the City and Indian River County concerning relocation of utilities within the land in question will be an authorized use of such funds. S i�� Frank H. King, Att rney Office of Legal erations FHK:ml- cc: Mr. John Goodknight Deputy District Engineer, Ft. Lauderdale JAN 51977....; O I