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TO: James E. Chandler, County Administrator <br />FROM: James W. Davis, P.E., <br />Public Works Director <br />SUBJECT: County's Responsibility to Perform Maintenance <br />Improvements within FS 298 Drainage District Right- <br />of-Ways <br />ight- <br />of-Ways <br />DATE: January 19, 1994 <br />DESCRIPTION AND CONDITIONS <br />C:PIIS: DXUN.A= <br />Last November, the Board of County Commissioners discussed the <br />County's legal and moral responsibilities to perform maintenance <br />activities and/or assistance within FS 298 Drainage District Right - <br />of -Ways. Attached are comments from the County Attorney's office <br />and Community Development Director's office which indicate that the <br />County does not necessarily have specific responsibilities, but <br />county resources should be used "for county purposes". The county <br />has the power to expand the 1975 Interlocal Agreement in the <br />Fellsmere Water Control District to. add road <br />maintenance/ improvements and to enter into additional interlocal <br />agreements with other drainage districts for certain road related <br />matters. The fact exists that each of the five drainage districts <br />are unique and have different dedication language on the Plan of <br />Reclamation Plats. One uniform program for all five districts <br />would not be practical nor efficient. <br />RECOMMENDATION <br />For road improvement and maintenance funding, establishment of <br />MSTU's or MSBU's in addition to specific interlocal agreements with <br />drainage districts, would be advisable. <br />Commissioner Macht was opposed to using County equipment and <br />County personnel to maintain the rights-of-way within these <br />Drainage Districts, and the impression he got from the agenda <br />backup material was that the Planning Department and the County <br />Attorney's office recommended against the County entering into <br />maintenance agreements with the Drainage Districts. <br />Commissioner Adams explained that the FS 298 Drainage <br />Districts do not have authority to grade roads. Setting up an MSTU <br />or MSBU would give us a way to take care of some problems. For <br />example, we have an existing interlocal agreement dating back to <br />the 1970s with the Fellsmere Drainage District to grade the road, <br />but about 10 feet of it is on private property. Establishing an <br />MSTU or MSBU would enable us to get the property owners to donate <br />right-of-way and pay for the drainage. <br />Commissioner Tippin did not think it was fair to grade some <br />roads that are on private property and not others. <br />31 <br />A 5 ���� 900K 9� F.�L;L59 <br />