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1962-07-03 Regular784 '! , July 3, 1962 The City Council of the City of Okeechobee, Florida, met in regular session at the City Hall eh the above date at 7:00 P. M. ~mrlth the following present: ~siden% Gardner, Councilmen Hunt, Parkerson, Watford and Yeilding with AttOrney. Hendry and Clerk Spivey. I Minutes of the mee~gs held June 5 and 12, 1~62 were read and approved as read. The following bill~ were a~uproved and ordered paid when funds are available: GENERAL FUND: Associates Financi~ Se~vlces Corporation $ 31.00 ~ssociatee Financi~ Services]Corporation 84.07 Inter County Tel a~ Tel Compan~ 5.43 Volunteer Firemen 220.00 Alfred Watterson 58.00 Dave' e Body 8hop 550.00 Florida Power an~ ~ght Compan~ Big Lake Printers 10.50 Gilbert Culbreth 17.O8 Padgett' s Pharmacy 8.80 Singletary Flower ~op 10.00 R. B. Meserve, Age~ 10.00 Okeechobee General Hospital 9.75 Hunt Brothers Groc~ Compan~ 2.80 Okeecho~ee Atlanti~ Service 121.60 Hayes Standard ~e~oe 4.38 Raulereen Departme~ Stere .73 The Okeechebee News 57.10 Okeechobee ~~ & Furniture Company 17.20 Okeechobee ,66m Se~ce 4.00 Wherrell Oil Compa~ 57.40 The Conveyor Compa~ 79.06 Mixon' s Garage ~. 27.60 The National Chems~arch Corp. 44.26 James A. Herton, M!~ D. 21,00 Domer' · Machine 84~ 121.60 Hayee Electric 6.50 0 o K. Garage. 12 oOO Municipal Code Cor~ration 1,742.94 Bennie's Aut~ Supp~, Inc. Robinson Seed 8tor$ 10.~5 Standard Oil CompaW~ 69.~6 Rutledge Ice Servi~ 7.80 Burgess Supply Com{~ 12.65 WATER & SEWER OPERATION AND MAINTENANCE FUND: L. C. Fortner, Jr. 45.00 L. C. Fortner, Jr. 65.87 Inter County Tel a~d Tel Company 2.05 Florida Power and ~ght Company 531.98 Haynes E. Williams 2.50 Witch Equipment Company of Florida 271.91 Okeechebee Atlanti~ Service 1.OO Hayes Stamiard Serw~ce 5.65 441 Pure Servioe ~7~ Seutheru Meter & S~ply Compau~ Davis Meter & Supp~ Ce., Inc. 264.~6 =factu Com 456. Okeechobee Hdwe. & ~urn. Co. 224.48 Park Drug Oompau~ · 2.41 Western Auto Stere 7.96 Williams Electric 18.75 Alto Watford & Sene ' 18.20 Okeechobee Builder~ Supply Compa~ 800.45 Domer'$ Machine Sh~ 52.66 Ferguson Plumbing ~ Electric 96.86 Okeechobee Meter C~apa~y 15.52 Major Electrical ~upplies, Inc. 5.66 stan a com 59. 6 City of Fort Pierc~ 669.50 Bennie'e Auto 8upp]~, Inc. 14.76 Tesco Chemicals 146.38 Burgess SuFply Com~ 13.~O Rutledge Iee Se~-vi4~ 6.30 I ' Marguerite B. Lynn appeared before the Council again requesting a right of way to her property ~st of Par~ott Alrer~e, stating she had to have access to the property before she could begin develol:~nt. Opening of HiwassSe Street south from 5th Street was discussed due to the City having no right of way from Parrott Aven~· East in section near the above ~d person's property. President Gardner requested Councilman Yeildi~ to meet with County Commissioners requesting their aid in use of equipment. Pursuan$ to n~tice published in the 0keechobee News regarding hearing on re-zoning, requesting that Lots 1%e 9 ~lusive and 16 to 24 inclusive Bleek D. Central Park and Lots 1 to 9 inclusive and 16 t~ 24 inolusiV$ Block E. Central Park be rezoned from Agricultural to Residential (~-2). President Gardner asked for objections. No objection was heard or filed. Councilman W.atfor~ presented the following Ordinance and moV$d its adoption and upon being seconded by Councilman Yeilding was put tea vote and un- animously carried~ OP,.DII~AI~3E NO. 271 - (13) O~ )INANOE AMEND~G ORDINANCE NO. 271, ~EING AN ORDINANCE ESTABLISHING ZOI ~I1~ R~U~TIONS FOR ~t~ CI~/' OF OI~I~HO~E, }I~ORI~A, T~I PROVISIONS OF CHAPTER 176, FLORIDA S~ATUTES, 1953. 1~~, applicati°n l'ms been m~de by l~rguerit~ Bass L~rm, requesting this Council:to resone from Agricultural to Residential (R-2) Lots 1 to 9 inclUSive and 16 to 2~ inclusive Block D, Central Park and Lots 1 to 9 inclusive and 16 to 24 in- elusive Block E, Central ?ark, and ~, Notice of intsntion to ~end City 7.oning OrdinaJaoe N'Oo 271 rag~-xting said application was d~3.y published according to law, and ~' on the 3rd day of July, 1962, a public hearing was held in the City Council Room puren~.nt to said notice, ~d ~, it is deemed to the best interest of ~he. City of Okeechobee te grant said a~ication; no~, therefore BE :IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SE~ION I. That Lots 1 ~o 9 inclusiv~ ,.nd 16 to 24 inclusive Block D, Cen%~.l Park an4 Lots 1 to 9 inclusive and 16 to 24 inclusive Block E, Central Park, be and is here{U rezoned from Ag~q.cultur~l to Residenti~l (R-2) effective July 3, 1962. SE~TIO~ 2. That the application requesting rezoning and proof of publication of noti~ to amend Zord.ng Ordir~nce ~o. 271 published in connection with the above applica~on be attached to this Ordinance and become a part hereof. SE~ON 3. That the City Clerk make the appropriate chan~e on the City Zoning Map in ~cordanoe with this Ordinan~ee PA~ AND ADOPTED this 3r~ day of July, 1~62. Claude Gardner rF, J~£U~;NT OF CITY COUNCIL APP~0~ BY ME THIS 3RD DAY OF JULY, Dor~ld R. l~ck I~YOR 786 , , gounci~n Wat£o~d moved to ~y /L~fr~d W&t~rson for Xg~X R. E. H~rick ap~a~d ~fo~ ~e Co,oil discussi~ clos~ of Me~di~ Street ~een Blocks 81 and 82 or filling ca~l across Me~dith Steer ~tween the a~ Blocks. ~e Co~cil ag~ed matter in~ consideration. ~in ~er~ll ap~a~d befo~ ~e Co~cil ~questi~ a s~er line e~ion ~ ~ts 10, 11 ~d 12, ~leck 192. Co~ci~ Ye~d~ s~d t~t the e~ion wo~d ~qui~ a~x~a~ 450 feet of pi~ ~se t~ ~eles. After disc~sion Co~ci~ Yeildi~ ~ved Co~c~ H~t ~ car~e~e Co~ci~ H~t ~~d a ~quest f~m Earl Mc F~ for a ~r l~e e~ion ~ Lots 19 and 20, Block 1~ No~est Addition. ~ion wo~d ~qui~ app~~ly 8~ feet of ~. Co~c~- ~ H~t ~c~ended due ~ disco t~t ~e ~quest be ~bled. Co~c~ Yeild~g ~~d a ~st from M~.'M. To~inson ~ ~ve Che~kee Steer adJoi~ her pro~y on tb~ east o~ned. No action ~en. Co,cirri Yeild~g discussed the need ~d ~rc~se of a n~ ~wing ~chine at a cost of approx~ly $1,5~.~. ~e Co~cil ag~ed ~r 0ounci~n Yeildi~ ~ ~quest a demonst~tion of ~chine. Counci~n Yeild~ ~rted ~e need of c~vert and moved, seconded by Co~ci~an Parkerson and carried ~ ~hase the foll~i~: t - 30 ft. leah% of 36 inch, 1 - 30 ft. lenght of 18 inch ~d 12 - 20 fi. le~h~ of 12 i~h culverte Co~~ Ye~ discussed ~e need ef ~~ e~ ~r in St~et De~ent. ~e Co~c~ agre~ and authori~d the emplo~ent of ~ra~ lair. A~o Counc~ Yeildi~ ~scussed the need of a dragl~e ~d ~squi~ cont~le P~sident Ga~e~ ~~d the ~ed of c~ve~ ~ir on Okeecho~e A~e and Old D~e. Matter ~ferred to Supt. W~li~. Oo~c~ Watfo~ moved to ~bu~e the Volun~er Fi~ De~ent $73.78 for ad~nced com~nsation to i~u~d fi~ Ed~ Walden and J~n Ta~er secon~d by Co~c~ Ye~i~ car~ed. Co~ci~n H~t ~ved ~ ~-affim contract of Feb~ 28, 1~2 ~d p~sen~d the foll~ing Resolution a~ mo~d its a~ption ~d u~n being seconded by Co~ci~n Watfo~ was ~ous~ car~ed~ CONTACT ~~, Ce~l ~r~r, ~er of the alley in ~e West } of Barber's Re-p~t of Block 1~, acco~ ~ p~t ~e~of ~co~ed ~ Plat ~ok 2, ~ge 85, ~blic records of 0keecho~e Co~ty, ~e~, ~s ~ues~ ~e ~ity Co~cil of the City of Oke~hobee ~ close said ~y, ~ ~~, the said Cecil ~r ~s ~ed ~ sell ~e said West o~ C. C. ~r, ~d ~ said C. C. ~r ~s ~ues~d t~t said a~ey~ closed ~ o~er that the W~t ~ of Block 184 ~ ~ u~d for co~e~ ~ses, ~W, ~~, ~s Contract, ended ~ ~een C. C. Bever of the Co~ty of H~s~h, S~ of ~ori~, he~f~r ~ as first ~y, ~ ~e City Co~c~ of ~e City of O~echo~e, ~o~, here~r ~ as seco~ ~y, ~SSE~: ~at the first ~y he~ cont~c~ ~ agrees ~ ~d with second party aSd of said alley in the We~t ~ of said Block 184 is closed, first party will replace the sewer lines now existing in sa~d' alley with cast iron sewer pipe, with a ~an~e on each end of said sewer line. Said sewer line to be of at least the same si~e as the existing line, and first party agrees that said line shall be of a larger $imension if required by second party. Fi~t party further covenants and agrees that in the event said alley is closed he will proceed, within thirty days frc~ the date said alle~ is closed, to replace said s~r line and cons.truc% ~an~eles as aforesaide Se~nd party covenants and agrees to and with first party that it will proceed i~media~ly to take the necessary action to close said alley upon the conditions hers- inshore .set forth a~d hereby agrees that first party may construct a building over said seSer line, according to the plans attached hereto and made a part hersofe IN !: .~ITMESS WHEREOF the parties hereto have hereunto set their hands and seals this 285h day of February, A. D. 1962. C. C. Beret L?S. C. C. Borer FIRST PARTY ATTgST.. CITY OF OKEECHOBEE ~Orena Spivey BY Claude Gardner City~lerk P~ESIDEFT, CITY CODICIL SECOND PARTY Signed,~eealed, and delivered in the ~sence J. ~rew Bever WHEREAS~ an application has been made to the City of Okeechobee, by C. C. Bever and Gus~ie W. Beret, his wife, to close, discontinue and vacate the following described alley way, to-~it~ The alley way lying beteeen Lots 9 and 10 of Barbers Replat of Block 184, according to the plat thereof recorded in Plat Book 2, page 8%, public records o'f~Okeechobee County, Florida. and, W~E~EAS ~' Notice of a p~blic hearing pertaining thereto was duly advertised acccrdi~ t~ law and WP~REAS~ said public hearing was held at the City Hall, Okeechobee, Florida on the 3rd ~ of April, 1762, in accordance With said notice, and ~EREAS~ no objection being heard, Now, Therefore, · E IT ~LVED by the City Council of the City of Okeechobee, Florida, that the a~ove d~ribed alley way be and the same is hereby closed, discontinued and vacatsd~ for all purposes except that of maintaining and operating water and sewer l~e,cver, through and across said alley and reserving unto the City of Okeecho~e, its successors and a~signes, the perpetual right to maintain and operate Water and sewer lines over, through and across said alley t~gether with the rig~ of ingress amd egress to effect said purpose, and further provided the fee owners of said real propert~ shall, within ninety (90) days of the date of 788 this resolution, execute and deliver a perpetual easement in favor of the City of Okeechobee, its s~ccessors and assigns, granting the right to construct, maintain and operate water and sewer lines over, through and a~ross said alley way, together with adeqUate ingFess and egress to effect said purpose, OTHEEgISE, the resolution hereby adopted sh~ll be void and of no force and effect. BE IT FURTHER RESOLVED that notice of the adoption of this resolution be published one time accordin~ to law. BE IT FURTHER RESOLVED that proof of publication of the Notice of Hearing and proof of publication of the Notice of Adoption of this Resolution, together with a certified copy of this Resc~.ution be recorded in the public records of Okeechobee County, Floridae P~_SSED AND ADOPTE~ IN REGULAR ~ESSION, thi~ 3rd day of April, 1962. Claude Gardner PRESIDENT, City Council City of Okeechobee, Florida ATTEST: .ore Oit~ ~lerk UTILITY EASEMENT This Utili.~ Easement made this 7th day of June 1~62 between C. O. Bever and Gussie Mas Beve~, his wife, parties of the first part and THE CITY OF OKEECHOBEE, a municipal corl~ration organized and existing in the State of Florida, their successors and assigns, parties of the second part, WI TNE$ SETH: That for a~d in consideration of the closing of the alley way located in Block 184 ef Ba~er's Replat of Block 184 recorded in Plat Book 2, page 85, public records ~f Okeechobee County, Florida, by the City of Okeechobee, and $1.00 and other ;valuable consideration, the receipt of which is hereby acknow- ledged, the parties of the first part have this day bargained and sold and by these presents ~ bargain, sell, convey, transfer and deliver unto the City of Okeechobee, a ~cipal corporation, their successors and assigns, a parmanent easement and right of way including the perpetual right to enter upon the real'. estate hereinafter described for the purpose of clearing, escavating, constructing and maintaining under ground utilities including municipal sewer Pipe line and municipal water ~pe line in, upon and across the following described land, situated and being in the County of Okeechobee, State of Florida, to-wit: Beginning at the NW Corner of Lot 10 according to Barber's Repla~ of Block 184 rec_orded in Plat Book 2, page $5 public reco~ of 0keechobee County, Florida, run East along the North line~ said Lot 10 to the NE Corner of said Lot 10 thence & distance of 15 f~et to the SE Corner of Lot 9 of said Block ~84, thence West along the South boundary of Lot 9 to North the S~ Comer thereof, thence South along the East boundary of Ki~immee Street a distance of 15 feet to the point of beginning. ALSO: The North 7.% ft. of Lot 4 of Barber's Replat of Block 184, according to the plat thereof recorded in Plat Book 2, page 85, public records of Okeechobee County, Florida. TO HAVE AND TO HOLD said easement and right of way unto the City of Okee- chobee, a municipal corporation, and unto its successor and assigns forever. . JI~T:i~ III · ~ ,e ,,m,, I '89 u Th~ Parties of the first part do hereby covenant with the party of the second part th~ they are lawfully seized and possessed of the real estate above described, ~.~ that their have a good and lawful right to convey it or any part.thereof, that it is ' free fr~a all encumbrances and that they will forever warrant and defend the title thereto against the lawful claims of all persona whomsoever. As a part of the consideration for this grant the parties of the first part do hereby ~elease any and all claims for damages from whatsoever cause incidental to the exercise of the rights herein granted. IN ~TNESS WHERF~F the parties of the first part have hereunto set their hands and sel~ the day and year first above written. . Witnesses.. C.C. ~ SEAL Will~ L. Hendr~ · GUSSIE NAE Borer SEAL T. W~ Conel~ Jr. STATE O~ FLORIDA COb~gFI ~ OXEECHOBE Before me personally appeared C. C. Borer and Gussie Mae Beverm h~ wife, to me well known an~ known to be the individuals described in and who executed the foregoing utility easement, and. they acknowledged before me that they executed the same for the purposeS therein expressed. WItNEss ~y hand end official seal thio 7th day of June, 1~62. Notary Public My Commission Expires August 17th, 1963. Counci!~!an Parkerson moved to grant the Water Supt., Chief of Police and City Clerk for 15 years service three wee~a vacation, seconded by Councilman Yeilding and carried. Two weeks to be taken at one time and one late~e Two wee~s vacation was granted to all other employees with one year service. Date employee takes vacation was left to the d~cr~tion of Department heads. Upon moron the Council adjourned. ATTEST: ~