Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2012-07-17
j 1 CITY OF OKEECHOBEE JULY 17, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL SUMMARY OF COUNCIL ACTION q3 9 PAGE 1 OF 11 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor. July 17, 2012, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES. Invocation to be given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance to be led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present a Twenty -Five Year Service Award to Jeff Baugh B. Proclaim and Call for the 2012 City General Elections for two City Council Members. Mayor Kirk called the July 17, 2012, City Council Regular Meeting to order at 6:00 p.m. The invocation was offered by Reverend Edward Weiss, D.D., of the Church of Our Saviour; The Pledge was led by Mayor Kirk. Deputy City Clerk Jahner called the roll: Present Present Present Present Present Present Present Absent Present Present Present Present Mayor Kirk presented Mr. Jeff Baugh with a Longevity Service Plaque and a check for $500.00 in recognition of his 25 years of service with the City beginning June 29, 1987. Mr. Baugh serves in the position of Lieutenant for the Fire Department. Mayor Kirk called for a City Election by reading the following proclamation in its entirety: "WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call 7�10 JULY 17, 2012 - REGULAR MEETING - PAGE 2 OF 11 AGENDA IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. Proclaim and Call for the 2012 City General Elections for two City Council Members continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 19, 2012 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2012 Warrant Register: General Fund ................................ $337,240.91 Public Facility Improvement Fund .................. $14,122.65 Community Development Block Grant Fund .......... $5,450.00 COUNCIL ACTION - DISCUSSION - VOTE General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued at least 90 days prior to the date of the holding of such election, by an Elections Proclamation, signed by the Mayor and attested by the City Clerk, and WHEREAS, the Elections Proclamation shall specify the office to be filled, the cause of the vacancy of such office, and the date of the expiration of the terms of such office; and WHEREAS, the City Clerk shall publish the Elections Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week prior to the week in which the regular election will be held. NOW THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 6, 2012, during the regularhours of voting, to wit: from 7.00 a.m. to 7.00 p.m., or during Early Voting, as provided by State Law, and to be held on October 27 through November 3, 2012, for the purpose of electing the following officers to serve as such for four (4) years beginning January 7, 2013 and ending January 2, 2017 following such election or until their successors are elected and qualified: TWO (2) COUNCIL MEMBERS, Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County." Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the June 19, 2012 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED Council Member Watford moved to approve the May 2012 Warrant Register in the amounts: General Fund, three hundred thirty-seven thousand, two hundred forty dollars and ninety-one cents ($337,240.91); Public Facilities Improvement Fund, fourteen thousand, one hundred twenty-two dollars and sixty-five cents ($14,122.65); Community Development Block Grant Fund, five thousand, four hundred fifty dollars ($5,450.00); seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 17, 2012 - REGULAR MEETING - PAGE 3 OF 11 7YI AGENDA VI. WARRANT REGISTER CONTINUED. A. Motion to approve the May 2012 Warrant Register continued VII. AGENDA - Mayor. COUNCIL ACTION - DISCUSSION - VOTE After the above action took place, it was realized the Warrant Register should have been presented as June 2012, not May 2012. Council Member Watford moved to rescinded the previous action and approve the June 2012 Warrant Register in the amounts: General Fund, three hundred thirty-seven thousand, two hundred forty dollars and ninety-one cents ($337,240.91); Public Facilities Improvement Fund, fourteen thousand, one hundred twenty-two dollars and sixty- five cents ($14,122.65); Community Development Block Grant Fund, five thousand, four hundred fifty dollars ($5,450.00); seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business item B was withdrawn. VIII. OPEN PUBLIC HEARING FOR ADOPTION OF ORDINANCE - Mayor. A.1. a) Motion to read by title only proposed Ordinance No. 1086, Impact Fee Moratorium - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1086 by title only 2. a) Motion to adopt Ordinance No. 1086. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:10 P.M. Council Member Watford moved to read by title only, proposed Ordinance No. 1086, Impact Fee Moratorium; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1086 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71-13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71-23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE, PROVIDING FOR AN EXTENSION OF A MORATORIUM FOR THE COLLECTION OFIMPACT FEES; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member O'Connor moved to adopt proposed Ordinance No. 1086; seconded by Council Member Maxwell. JULY 17, 2012 - REGULAR MEETING - PAGE 4 OF 11 AGENDA Vill. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion for the adoption of proposed Ordinance No. 1086. c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 1087, Florida Building Code - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1087. 2. a) Motion to adopt proposed Ordinance No. 1087. COUNCIL ACTION - DISCUSSION -VOTE Mayor Kirk asked whether there were any comments from the public. There were none. Administrator Whitehall provided statistical financial data, (at the June 19, 2012), which showed, out of the 420 building permits issued from July 1, 2011 to date, only seven were impact fee assessable. The total loss of revenue to the City was $8,110.22. During this same period, the City collected $70,917.00 in County impact fees. It was pointed out that the data proved the suggestion that suspending impact fees generally does not increase building permit production. The Council agreed that extending the moratorium an additional year would be in the best interest of the citizens. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 1087, Florida Building Code; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1087 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CODE OF ORDINANCES SECTIONS: 90-35(c), CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE; 90-168(1)(a), 90-168(1)(c), 90-168(1)(d), 90-168(1)(e)(4), 90- 168(1)(0, FOUNDATION REQUIREMENTS FOR SINGLE FAMILY DWELLINGS IN ALL ZONING CLASSIFICATIONS EXCEPT RESIDENTIAL MOBILE HOME (RMH); 90-168(2)(b), 90-168(2)(c), FOUNDATION AND ELEVATION REQUIREMENTS FOR RESIDENTIAL MOBILE HOME (RMH) ZONES; 90-169(8)(a)(9), 90- 169(8)(b)(4), 90-169(8)(b)(7), 90-169(8)(c)(4), RELOCATION AND INSTALLATION OF USED DWELLING UNITS; 90-170(c)(4), USED DWELLING UNITS and 90-170(o, MINIMUM CODE REVIEW REQUIRED, THEREOF; CHANGING THE LANGUAGE FROM STANDARD BUILDING CODE OR HOUSING CODE TO FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITYAND PROVIDING FOR AN EFFECTIVE DATE. " Council Member Williams moved to adopt proposed Ordinance No. 1087; seconded by Council Member Watford. JULY 17, 2012 - REGULAR MEETING - PAGE 5 OF 11 7y3 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion for the adoption of proposed Mayor Kirk asked whether there were any comments from the public. There were none. The proposed ordinance Ordinance No. 1087. cleans up language within the various sections of the Code Book so that they are all consistent with the term Florida 11 Building Code rather than references to the Standard Building Code or Housing Code. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to adopt proposed Resolution No. 12-05, which establishes Council Member Watford moved to adopt proposed Resolution No.12-05, which establishes a preliminary annual rate a preliminary annual rate and estimated assessment for Residential of $224.64 and an estimated assessment of $395,591.04 for Residential Solid Waste Collection and Disposal Services Solid Waste Collection and Disposal Services for FY 2012-2013 for Fiscal Year 2012-2013; seconded by Council Member O'Connor. City Attorney (Exhibit 3). Attorney Cook read proposed Resolution No.12-05 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OFSOLID WASTE COLLECTIONAND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COSTFOR THE UPCOMING FISCAL YEAR; ESTABLISHING THEESTIMA TEDASSESSMENTRATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OFANANNUAL RATE RESOLUTION, DIRECTING THE CITYADMINISTRA TOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." b) Public comments and discussion. Mayor Kirk asked whether there were any comments from the public. There were none. The proposed annual Residential Solid Waste Collection rate is an increase from last year, from $221.52 to $224.64. The estimated assessment will increase from last years amount of $389,210.64 to $395,591.04. c) Vote on motion. VU I t KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. / �i JULY 17, 2012 - REGULAR MEETING - PAGE 6 OF 11 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING CONTINUED. D. 1. a) Motion to adopt proposed Resolution No. 12-06, adopting the annual residential Solid Waste Collection and Disposal Services rate and continue implementing the non -ad valorem assessment as the method of collecting such annual rate for services for FY 2012- 2013 - City Attorney (Exhibit 4). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A. Update on water conditions - Gary Ritter, SFWMD. Council Member O'Connor moved to adopt proposed Resolution No. 12-06, adopting the annual residential Solid Waste Collection and Disposal Services rate of $224.64 and continue implementing the non -ad valorem assessment as the method of collecting such annual rate for services for FY 2012-2013; seconded by Council Member Watford. Attorney Cook read proposed Resolution No. 12-06 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2012-2013; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Kirk asked whether there were any comments from the public. There were none. This adopts the same rate as proposed in the preliminary rate resolution and allows the City to continue to collect the amount through the annual property taxes as a non-advalorem assessment. This does not make any changes to commercial accounts or rates. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:31 P.M. MOTION CARRIED. Mr. Gary Ritter, Director of the South Florida Water Management District (SFWMD) Okeechobee Center, appeared before the Council to give a brief update on the current water conditions of Lake Okeechobee. He explained that even though we have had a considerable amount of rain, SFWMD continues to encourage water conservation and the two- day a week lawn watering restrictions. Due to the water levels sporadically changing from the rain and evaporation, various locks, to gain entry to Lake Okeechobee, have not been on a regular navigation schedule, which has caused some inconvenience and confusion to the public. On a good note, he announced that the aquatic vegetation in Taylor Creek has been sprayed and is under control. JULY 17, 2012 - REGULAR MEETING - PAGE 7 OF 11 N5 1�AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 IX. NEW BUSINESS CONTINUED. A. Update on water conditions continued. Council Member O'Connor suggested that SFWMD inform the public by newspaper and radio when the locks are open or closed and also educate the public so they can understand the environmental concerns which determine the process of when and why they release water from Lake Okeechobee into the Caloosahatchee River. Mr. Ritter replied they already utilize the radio and their web site, but can add some informative articles to the newspaper. B. Motion to adopt proposed Resolution No. 12-07, revising and The matter of considering to adopt proposed Resolution No. 12-07, which amends the Commercial Rates for Solid adopting Commercial Rates & Fees for Solid Waste Collection - City Waste Collection, was removed from the agenda. Negotiation between the Administrator and Waste Management Attorney (Exhibit 5). continues. C. 1. a) Motion to read, by title only and set August 21, 2012 as a final public Council Member O'Connor moved to read by title only, and set August 21, 2012 as a final public hearing date for hearing date for proposed Ordinance No. 1088, adopting a Natural proposed Ordinance No. 1088, adopting a Natural Gas Franchise Agreement; seconded by Council Member Watford. Gas Franchise Agreement - City Attorney (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. I VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1088 by title only. Attorney Cook read proposed Ordinance No. 1088 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, GRANTING A NONEXCLUSIVE FRANCHISE FOR THE OPERATION AND MAINTENANCE OF A NATURAL GAS SYSTEM WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY OF OKEECHOBEE ORAS HEREAFTER AMENDED, TO FLORIDA PUBLIC UTILITIES COMPANY; PROVIDING FOR DEFINITIONS; PROVIDING FOR A TERM OF YEARS WITH RENEWAL PROVISIONS; PROVIDING FOR CONSTRUCTION OF SERVICE AND DISTRIBUTION LINES; PROVIDING FOR NONEXCLUSIVE USE OF CITY RIGHTS -OF -WAY; PROVIDING FOR MAINTENANCEAND EMERGENCYRESPONSE, PROVIDING FORANNUAL L REVIEW OF SERVICE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR DISPUTE RESOLUTION, - PROVIDING FOR TERMINATION OF FRANCHISE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 1088 Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1088 by title only; seconded by title only. by Council Member Williams. b) Discussion. Mr. Barry Kennedy, Director of Gas Operations for Florida Public Utilities Company (FPUC) was present. This ordinance is a second attempt to enter into a franchise agreement. Mr. Kennedy first presented the request at the December 6, 2011 meeting, where he informed the Council that FPUC provides natural gas, propane and electric � 6 JULY 17, 2012 - REGULAR MEETING - PAGE 8 OF 11 I_11r]4kiULI 1:Mi+I_: k►liL 1lb11kiI* R. K1191 U f1 lull "I C. 2. b) Discussion of proposed Ordinance No. 1088, Natural Gas Franchise continued. c) Vote on motion. COUNCIL ACTION - DISCUSSION - VOTE service in 30 Florida counties. They have considered Okeechobee many times over the years and only recently found it to be economical to bring the expansion to the area. Ordinance No. 1081 was denied at the January 17, 2012 meeting, with the understanding that the matter needed to be researched further and would be brought back for consideration again. The Council discussed the proposed franchise agreement, for clarification purposes it was noted that this is a non- exclusive franchise, therefore, another natural gas company could come into the area. However, they would be required to obtain both the City and the Florida Public Service Commission (FPSC) approval. The method in which the fees will be collected would be at the City's discretion. The City has the right to terminate the agreement within one year, should construction not be started for the distribution lines. Should the Company abandon the system, the City and the customers are protected by the guidelines of the FPSC. The system can be transferred to another company. However, it has to first be approved by the City, and the City is paid a $2,500.00 transfer fee as well as the new company has to accept the current agreement provisions. The $25,000.00 construction bond, to insure the faithful performance by the Company is the standard and an acceptable amount. Even though it is not specifically stated in the agreement, the Company will have an office located in Okeechobee. Issues specifically addressed that may need further amendments and/or negotiation, by the final public hearing were: Page 3, Section 4. Term. The proposed term is for 30 years with a six-month automatic renewal to allow additional time for negotiations. Council Member Watford strongly suggested the section be amended to delete the six-month automatic renewal extension. Renewal negotiations would be required to be settled prior to the end of the term. Page 8, Section 18M. States, "Those customers for whom the City has waived, in whole or in part, to pay a franchise fee. .." Council Member Watford asked what type of customers would the City consider waiving fees for? Attorney Cook responded that would need to be addressed by the City in a separate document, such as a resolution, and they would consist of senior citizens, veterans and new businesses. This section may need to be made clearer by referring to an additional document to be adopted. Finally, on Page 13, Section 31. The purpose of this paragraph, which addresses any waiver of any obligation or default, needs to be explained better. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. D. Motion to approve the Tentative Millage Rate for advertisement for 2012 tax III Council Member Watford moved to approve the Tentative Millage Rate of 8.5907 for advertisement for 2012 tax notices, 8.5907 for Fiscal Year 2012-2013 - Finance Director (Exhibit 7). notices, Fiscal Year 2012-2013; seconded by Council Member O'Connor. JULY 17, 2012 - REGULAR MEETING - PAGE 9 OF 11 AGENDA IX. NEW BUSINESS CONTINUED. D. Motion to approve the Tentative Millage Rate for advertisement for 2012 tax notices, 8.5907 for Fiscal Year 2012-2013 continued. E. Motion to approve 2012-2013 Fiscal Year Tentative Budget Preparation and Millage Calendar setting workshop(s) to be held August 21 at 5:00 p.m., August 28 at 5:00 p.m. (if needed), First Public Hearing September 4 at 6:00 p.m., and Final Public Hearing September 25 at 6:00 p.m., all to be held in the Council Chambers at 55 Southeast 3`d Avenue, Okeechobee, FL - Finance Director (Exhibit 8). F. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings, Case No. 11-116, N & A Construction, Inc., at 406 Northeast 4" Street (Lots: 3-4, Block 119, City of Okeechobee, Parcel ID No. 3-15-37-35-0010-01190-0030). The fine of $50.00 per day started on November 9, 2011 and continues to accrue daily for violation of Chapter 30 Section 30-44, General Cleaning and Beautification - Chief Smith. COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to approve the 2012-2013 Fiscal Year Tentative Budget Preparation and Millage Calendar setting August 21 at 5:00 p.m. as a Regular Meeting and Budget Workshop, August 28 at 5:00 p.m. as a Budget Workshop only if needed, September 4 at 6:00 p.m. as a Regular Meeting and First Budget Public Hearing, September 25 at 6:00 p.m. as a Regular Meeting and Final Budget Public Hearing, all to be held in the Council Chambers at 55 Southeast 3'd Avenue, Okeechobee, FL; seconded by Council Member Watford. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. For clarification purposes: due to the above action, the September 18 Regular Meeting is cancelled. Materials were distributed to the Council in which listed a time line, copies of notices, and photographs to document the violations for Code Enforcement Case No. 11-116, N & A Construction Inc. (Mr. Naser Agueqab, Registered Agent), located at 406 Northeast 4'" Street. Legal Description: Lots 3 and 4 of Block 119, City of Okeechobee. This is vacant property that was found to be in violation of Code Book Section 30-44, general cleaning and beautification. On September 28, 2011, a courtesy notice, requesting the property be mowed was mailed. By November 3, 2011, the owners had not contacted the City nor had they attempted to mow the property, therefore, a notice of violation was sent and signed as received on November 9, by Laura Mtz. No activity was noticed by Code Enforcement Officers, nor were they contacted. A notice of hearing was sent on November 15, 2011. This notice was signed as received by Fabiola Segura on December 16. The case was discussed at the January 10, 2012 Code Enforcement Board Meeting where the property owner was found not to be in compliance. The owner has been cited previously, therefore, were considered repeat violators. A repeat violator requires the Board to consider higher fines for violations. The Code Board unanimously voted to issue a fifty -dollar per day fine beginning November 9, 2011. There was no response from the owner. The lien was recorded in the Okeechobee County Official Records Book 710, Pages 1481-1482.On April 30, 2012, a letter was mailed to the property owner advising them that the property is still in violation, the fifty -dollar lien is continuing daily, and the Case will be considered at the May 8, 2012, Code Board Meeting, to consider foreclosure 74 � JULY 17, 2012 - REGULAR MEETING - PAGE 10 OF 11 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II IX. NEW BUSINESS CONTINUED. F. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings continued. proceedings, as the lien will have been recorded for 90 days. Again, there was no response from the owner. There was no action taken on the Case at the May 8 Code Enforcement Board Meeting. There was action at the July 10, 2012 meeting, where they unanimously made a recommendation for the City Council to begin foreclosure proceedings for Case No. 11-116. The Council discussed the recommendation and what would be the best method of getting the owners' attention since they have been ignoring all attempts by the City to come into compliance. Council Member Watford noted his objection to issuing violations to undeveloped properties, as they have not been an issue in the past. A compromise of how to handle vacant property with overgrown vegetation had been reached many years ago. Council Member Williams asked whether someone had specifically complained about the property calling the Code Officers' attention to it. Officer Sterling advised that neighbors had complained in the past. Council Member O'Connor interjected that the overgrown vegetation can be seen from the several blocks and is very noticeable due to it being surrounded by well kept property. He also advised that due to the amount of vegetation, the photographs do not show that there is a concrete slab on the property, where a house was constructed at one time, then demolished in the last few years. Council Member O'Connor made a motion to move forward with the foreclosure proceedings for property located at 406 Northeast 4th Street as recommended by the Code Enforcement Board, Case No. 11-116; seconded by Council Member Williams. Mayor Kirk offered that he understood Council Member Watford's stand on undeveloped properties. However, the issue at hand needs to be addressed and the owner has not made any attempts to respond to any of the City's notices nor make arrangements of any kind. There is a process in place, and it needs to be followed. KIRK - YEA WATFORD - NAY VOT MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. JULY 17, 2012 - REGULAR MEETING - PAGE 11 OF 11 7,V9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:37 p.m. respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media The next regular scheduled meeting and budget workshop is August 21, 2012 at 5:00 p.m. are for the sole purpose of backup for official records of the Clerk. ATTEST: LANE GAMIOTEA, CMC, CITY CLERK 1 JAMEs E. KIRK, MAYOR CITY OF OKEECHOBEE JULY 179 2012 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER- MAYOR: July 17, 2012, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by the Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mir James E. Kirk ✓ Council Member Devin Maxwell, Council Member Mike O'Connor ✓ (Duman Memher Dowling R. Watford. Jr. ✓ Council Member Clayton Williams .� City Administrator Brian Whitehall ✓ City Attomey John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner ✓ Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Twenty -Five Year Service Award to Jeff Baugh. B. Proclaim and call for the 2012 City General Elections for two City Council Members. July 17, 2012 PAGE 2 of 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 19, 2012 Regular Meeting. VI, WARRANT REGISTER - City Administrator. A. Motion to approve the�2012 Warrant Register.CL���y General Fund $337,240.91 Public Facilities Improvement Fund $ 14,122.65 Community Development Block Grant Fund $ 5,450.00 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ADOPTION OF ORDINANCES - Mayor. A.1.a) Motion to read by title only proposed Ordinance No.1086, Impact Fee Moratorium - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1086 by title only. 2.a) Motion to adopt Ordinance No. 1086. �l } b) Public comments and discussion. c) Vote on motion / d // / j '/Lf ,'o'�t.D�.�Jt,'its' t���,�.CL -�'G' ft.t: i;`-✓ �l%..zd ?'j�( c�'� �'ti;.t (� 1, t�y,�� Z B.1.a) Motion to read by title only proposed Ordinance No. `�087, Florida 13uildingode - City Attorney (Exhibit 2). 17 VIII. PUBLIC HEARING FOR ADOPTION OF ORDINANCES CONTINUED. B.1.b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1087 by title only. 2.a) Motion to adopt Ordinance No. 1087. 6,tV &Jli & eAq�l b) Public comments and discussion. 0 Vote on motion. C.I.a.) Motion to adopt proposed Resolution No. 12-05, which establishes a preliminary an ual rate and estimated assessment for Residential Solid Waste Collection and Disposal Services for FY 2012-2013 - City Attorney (Exhibit 3). (4 ih b' Pubic comments and diicussion. 4, c) Vote on motion. DA.a) Motion to adopt proposed Resolution No. 12-06, adopting the annual residential Solid Waste Collection and Disposal Services rate and continue implementing the non -ad valorem assessment as the method of collecting such annual rate for services for FY 2012-2013 - City Attorney (Exhibit 4). -7kt) b) Public comments and discussion. 1 '1 - e'�'c , ,, � c) Vote on motion. 1y-i 4� ( � 11U Z' CLOSE PUBLIC HEARING. C� , 31 IX NEW BUSINESS. A. Update on water conditions - Gary Ritter, SFWMD I I B. Motion to adopt proposed Resolution No. 12-07, revising and adopting Commercial Rates & Fees for Solid Waste Collection eL -City Attorney (Exhibit 5). IX. NEW BUSINESS CONTINUED. C.1.a) Motion to read by title only and set August 21, 2012 as a final public hearing date for proposed Ordinance No. 1088, adopting a Natural Gas Franchise Agreement -City Attorney (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. ,�' . ,' ;L �L vut c) City Attorney to read proposed Ordinance No. 1088 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1088 by title only. n .! �h' b) Discussion.�h'���°�� Dh� k��J, '41' i11-C x''-Y-e ,r c) Vote on motion. _ ` �Lz, pLd C1;,6, D. Motion to a prove the Tentative Millage Rate for advertisement fof 2012 tax notices, 8.5907 for fiscal ,year 2012-2013 - Finance Director (Exhibit 7). t � �() E. Motion to approve 2012-2013 Tentative Budget P eparation and Millage Calendar setting workshop(s) to be held August 21s1 at 5:00 pm, Au ust 28th at 5:0_O_M (if needed), First Public Hearing September 4' at 6:00 pm, and Final Public Hearing September 25.2012 at 6:00 pm, all to be held in Counci Chambers at 55 SE 3`d Avenue, Okeechobee, FL - Finance Director (Exhibit 8). l`�c� �.�!/.,����. � it✓; l�� f N � �� .,�u��?�'1���� ,l�,c� , n'cc�.r�� cu.��u�. F. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings, Case #11-116, N & A Construction, Inc. at 406 NE 4►n Street (Lots: 3 & 4, Blk 119, Parcel #3-15-37-35-0010-01190-0030). The fine of $50.00 per day started on Nov. 9, 2011 and continues to accrue daily for violation of Ch 30 Sec 30-44, General Cleaning and Beautification - Chief Smith. X. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk. "ZV "I 4-1 k IL .� I -At -t)kj(� t!-V -k Lqk Ir U,- i Lt f ltw Itzel -11, J4 L 1�e -� 1, 3 V/ INDEPENDENT _ _ NEWSFPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a �-✓ �,. �1��; in the matter of �1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisemen publication in the said newspaper. Tom Byrd ., . Sworn to and subscribed before me this 41 day of .�_l_- AD Notary Public, State of Florida at Large NOTICE IS HEREBY GIVEN that the City Council of the Gry i e wlll meet In Regular Session on Tuesday, July 17 261, m., at City Hal, 5 SE 3rd Ave, Rm 200, Okeechobee, o ida. Invited and enco_uaad to attend. UPLEASE ETAKE Nana: AND BE ADVISED flat no stenographic i r rsoo court rrePW" will be made of the foregoing meeting. wll be seek to'C' any de,slon frig mee the n and evtiter6 at said for making a Verbatim record of it ase contact ON ad�ni �ng u -_ which any appeal is to (863)763-3134 A14GIE BRIDGES MY COMMISSION N EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Pubic Underwriters a4' o i : ?A'��"� Office of the Mayor NOTICE OF GENERAL CITY ELECTIONS CITY OF OKEECHOBEE, FLORIDA NOVEMBER 6, 2012 WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued at least 90 days prior to the date of the holding of such election, by an Elections Proclamation, signed by the Mayor and attested by the City Clerk; and WHEREAS, the Elections Proclamation shall specify the office to be filled, the cause of the vacancy of such office, and the date of the expiration of the terms of such office; and WHEREAS, the City Clerk shall publish the Elections Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week prior to the week in which the regular election will be held. NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 6, 2012, during the regular hours of voting, towit: from 7:00 a.m. to 7:00 p.m., or during Early Voting, as provided by State Law, and to be held on October 27 through November 3, 2012, for the purpose of electing the following officers to serve as such for four (4) years beginning January 7, 2013 and ending January 2, 2017 following such election or until their successors are elected and qualified: TWO (2) COUNCIL MEMBERS Said election shall be held in the County polling or voting places within the Municipal Precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. IN TESTIMONY AND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, thisAj day of July, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk LkHIBIT 1 JULY 17, 2012 ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71-13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71-23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OF A MORATORIUM FOR THE COLLECTION OF IMPACT FEES; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 985 adopted by the City Council on June 5, 2007, providing for impact fees, codified in Chapter 71 of the City of Okeechobee Code of Ordinances; and WHEREAS, the City Council adopted Ordinance No. 1071, on May 17, 2011, at a duly advertised meeting, implementing the suspension of collection of impact fees as outlined in Code Book Sections 71-13, 71-23, and 71-33, for a period of one year, beginning, July 1, 2011 to June 30, 2012; and WHEREAS, the City's Planning Board, acting as the Local Planning Agency, has reviewed the proposed amendment, at a duly advertised meeting held on May 17, 2012 and hereby recommends the extension of the moratorium suspending the collection of impact fees for an additional year, July 1, 2012 to June 30, 2013; and WHEREAS, the City Council agrees with the Planning Board's recommendation and finds enacting such moratorium to be in the best interest of its citizens of said City. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. Amendment and Adoption. Sections 71-13 Public Works Impact Fee Schedule, 71-23 Law Enforcement Facilities Impact Fee Schedule, and 71-33 Fire Impact Fee Schedule, of Chapter 71 of the Code of Ordinances of the City of Okeechobee, are hereby amended and adopted to read as follows: All impact fees collection schedules imposed pursuant to Sections 71-13, 71-23, and 71-33 herein were suspended from July 1, 2011 through June 30, 3012; and shall continue suspension for the period beginning July 1, 2012 and ending June 30, 2013. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1086 - Page 1 of 2 SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 19th day of June 2012. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of July 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1086 - Page 2 of 2 NDEPENDENT 11TEW5PAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three tunes a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 4-L < t�A &-4- 4,2, a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues/ _off Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, -for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for qublication in the said newspaper. —5. ---------Tom-Byrd - Sworn to and subscribed before me this I, day of._0.._/_f4! _ AD Notary Public, State of Florida at Large C ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters or do W PTL or as LXHIBIT 2 JkJLY 17, 2012 ORDINANCE NO. 1087 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING CODE OF ORDINANCES SECTIONS: 90-35(c), CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE; 90-168(1)(a), 90-168(1)(c), 90-168(1)(d), 90-168(1)(e)(4), 90-168(1)(f), FOUNDATION REQUIREMENTS FOR SINGLE FAMILY DWELLINGS IN ALL ZONING CLASSIFICATIONS EXCEPT RESIDENTIAL MOBILE HOME (RMH); 90- 168(2)(b), 90-168(2)(c), FOUNDATION AND ELEVATION REQUIREMENTS FOR RESIDENTIAL MOBILE HOME (RMH) ZONES; 90-169(8)(a)(9), 90- 169(8)(b)(4), 90-169(8)(b)(7), 90-169(8)(c)(4), RELOCATION AND INSTALLATION OF USED DWELLING UNITS; 90-170(c)(4), USED DWELLING UNITS and 90-170(f), MINIMUM CODE REVIEW REQUIRED, THEREOF; CHANGING THE LANGUAGE FROM STANDARD BUILDING CODE OR HOUSING CODE TO FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations within the City; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to update recent legislative amendments; to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, the City's Planning Board, acting as the Local Planning Agency, has reviewed the proposed amendments, at a duly advertised meeting held on May 17, 2012 and hereby recommends the language be changed from Standard Building Code or Housing Code to Florida Building Code in Sections 90-35, 90-168, 90-169 and 90- 170; and WHEREAS, the City Council agrees with the Planning Board's recommendation and finds enacting such amendments to be in the best interest of its citizens of said City. NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein approve, adopt and amend the City Code of Ordinances as follows: SECTION 1. Amendment and Adoption. That Sections 90-35, 90-168, 90-169 and 90-170, Code of Ordinances for the City of Okeechobee, Florida, are amended in the following respects: Section.90-35. Change or transfer of nonconforming use or structure. (c) Transfer of a nonconforming residential use. In the event the underlying lands on which exists a nonconforming use in a residentially zoned category within the City is sold, assigned, or in any manner transferred from the record title holder of said lands, as such ownership is a reflected in the records of the Clerk of Court or Property Appraiser for Okeechobee County, such nonconforming use may continue thereafter in such use, so long as such use is residential in nature. However, such nonconforming residential use shall Language to be added is underlined Language to be deleted is struelrthrough Ordinance No. 1087 Page 1 of 5 not thereafter be expanded, enlarged or increase in intensity of use, so long as the use remains nonconforming under City Codes. Additionally, such nonconforming residential use shall not be permitted to continue if the structure does not conform to fire safety code; health codes; Florida Stye} Building Codes; or fails to comply with F.S. Ch. 381 regarding migrant housing. Section.90-168. Dwelling foundations. (1) Foundation requirements for single family dwellings in all zoning classifications except residential mobile home (RMH). a. Foundation and elevation requirement. All dwelling units shall be placed on a foundation in accordance with the Florida Standard Building Code; or the codes adopted by Section 66-10 Land Development Regulations; orfor manufactured homes shall be set up in accordance with the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of Chapter 15C-1, F.A.C. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material and shall be prepared to ensure drainage as required by applicable codes and approval of the City Building Official and the Technical Review Committee. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the City, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12- inches above the crown of the roadways immediately adjacent to such lot or area. The City reserves the right to increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height. (c) Perimeter footer. A perimeter footer, where required by the Florida Standard Building Code, shall be in accordance with the Florida Stare} Building Code. (d) Piers and blocking. Where piers or blocking are utilized to elevate structure from the slab, poured concrete runners or finished grade, support and anchoring/tie-down of the structure shall be in accordance with the Florida Standard Building Code requirements incorporated by Section 66-10, Land Development Regulations; orthe Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.31989); orthe manufacturer's specifications provided they meet or exceed the requirements of the F.A.C. Stabilizing plates or collars shall be required where auger anchors are used. Where piers and blocking are utilized, the following shall be required. (e) (4) Framing, lathing and stucco in accordance with Florida Standard Building Code requirements incorporated by Section 66-10, Land Development Regulations. (f) Standard Codes. All foundation types shall meet the Florida Standard Building Code requirements incorporated by Section 66-10 Land Development Regulation. (2) Foundation and elevation requirements for residential mobile (RMH) zones. (b) Either foundation type shall meet the Florida Standard Building Code requirements incorporated by Section 66-10 Land Development Regulations. Language to be added is underlined Language to be deleted is sti uck through Ordinance No. 1087 Page 2 of 5 (c) Blocking and tie -down shall be in accordance with provisions of the Florida Standard Building Code requirements incorporated by Section 66-10 Land Development Regulations for conventional construction; Chapter 15C-1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code) for manufactured housing. Stabilizing plates or collars shall be required where auger anchors are used. In addition, the requirements of 90-168(1)d.1-7. above must also be met. Section 90-169. Appearance and design standards. (8) Relocation and installation of used dwelling units. Any used dwelling unit built and remaining in compliance with the Florida Standard Building Codes incorporated by Section 66-10 Land Development Regulations, or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 90-170 of this Code, shall be eligible for relocation and/or placement, replacement, installation, or reinstallation in any residential zoning district in accord with regulations as established bythe Schedule of District Regulations upon demonstration of continued compliance with the applicable building codes and standards as well as compliance with the Appearance and Design Standards of this section and with the provisions of Section 90-169 of this Code. There shall be a rebuttable presumption that a unit that is five years of age or less as of the date of application meets the appearance and design standards of the City or the minimum applicable building codes. Except as otherwise permitted by this subsection, no used dwelling unit shall be placed, replaced, located, relocated, installed or reinstalled from the site upon which it was first placed, constructed or installed. (a) (9) Proof that the dwelling continues to meet either the Florida Standard Building Codes incorporated by Section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. (b) (4) The Board of Adjustments and Appeals shall determine whether the dwelling unit continues to meet the Florida Standard Building Codes incorporated by Section 66-10 Land Development Regulations, or Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 90-170 of this Code and the appearance and design standards of this section, and whether the unit is consistent with and compatible with the general character of the neighborhood or community. Within a reasonable time of the conclusion of a public hearing, the Board of Adjustment and Appeals shall make a determination as to whether the dwelling unit meets the standards described in this section. Appeals of the Board's determination shall be in accordance with the provisions of Section 70-371 Land Development Regulations. (7) A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of noncompliance was the failure to meet the Florida Standard Building Codes incorporated by Section 66-10 Land Development Regulations or the Manufactured Language to be added is underlined Language to be deleted is struek through Ordinance No. 1087 Page 3 of 5 Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of noncompliance was the failure to meet the appearance and design standards of this section or the failure to determine to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood or community, the relocation and replacement/reinstallation of the dwelling unit shall be limited to an otherwise conforming site located in a residential mobile (RMH) zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this code for the location, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a residential mobile home (RMH) district. (c) (4) A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of no compliance was the failure to meet the Florida Standard Building Codes incorporated by Section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of noncompliance was the failure to meet the appearance and design standards of this section or the failure to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood or community, the relocation and replacement/reinstallation of the dwelling unit shall be limited to an other wise conforming site located in a residential mobile home (RMH) zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this Code for location, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a residential mobile home (RMH) district. Section 90-170. Minimum code compliance review. (c) Used dwelling units. This section applies to trailers, mobile homes, and used manufactured homes and buildings and shall ensure safe and liable housing. The provisions of this section shall not be construed to be more stringent that those standards required to be met in the manufacture of construction of new dwelling units. (4) Due to the lack of federal building and safety standards for transportable structures manufactured prior to June 15, 1976, as well as the adoption of local Florida Standard Building Codes (see Section 66-10 Land Development Regulations) that for the most part would prohibit such structures, any mobile home manufactured prior to June 15, 1976 shall be imported into the City of Okeechobee for use or resale as a dwelling either temporarily or permanently, nor shall any mobile home manufactured prior to June 15, 1976 be installed, reinstalled, located, relocated, placed or replaced within the City of Okeechobee, or moved from one location in the City to another location in the City. The sale, resale, installation or transportation of a mobile home in violation of this subsection is strictly prohibited. The Language to be added is underlined Language to be deleted is struck through Ordinance No. 1087 Page 4 of 5 City Building Official may grant limited waivers for the sole purpose of transporting a substandard mobile home out of the City of Okeechobee or to a permitted site for demolition and disposal. (f) Minimum code review required. Any building or structure used or intended to be used for human habitation or the storage of materials associated with human habitation not otherwise reviewed in accordance with this section shall be inspected to ensure that they comply with basic minimum standards prior to the installation, connecting or provision of utilities in accordance with the provisions of the Florida Building Standard I letising Code. See Section 66-10 Land Development Regulations. A certificate of inspection shall be issued by the Building Official, or as other applicable provisions of this Code shall apply. SECTION 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. Severability. If any provision or portion of this ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 191h day of June, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of July, 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language to be added is underlined Language to be deleted is struck through Ordinance No. 1087 5 of 5 NDEPENDEPJT - _ EIWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three tunes a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of � t � advertisement being a � 64 - ,1 L4RL1-":.� __ in the matter of..:._l- in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ���� �I Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in, said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this day of---C.AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION N EE 177653 EXPIRES: April 20, 2016 Bonded Thru Notary Public Underwriters PUBLIC NOTICE CONSIDERATION OF ADOPTING A CRT ORDINANCE PLEASE TAKE NOTICE, that the City CanxB ooff the Oty of FARt G�4a�ly 17 Z at 6:00 adaoUlxixi ofiy . or as soon th a . nho Ww: Nw-lOBPU 71 AN OF OIDtEC11M OR theme PU AMTERNADINGRODD! OF ORDINANCES USE Sir BECT�C c 1 lOi 90-16a((OF c90-1 �i i a a 1 1 IN ALLFOU FICATIONS:OEXCEPf REST R SIN It L MOBILE WO (Red 90.165(2xYb SD 1 2 c F� O�N�yA(NgD((�6ELxEVATION6E44(,B REM REST A�i(1Jt) N O gy�pp(( 1 NQ Ut i7a i 1 D DM 9LLLI CHANGING THBAN6AlAGE FILM STANRD�tG CO HOUSING CODE TO FLORIDA WILDING DE; PROVIDING N PROVIDING FOR SEVISIMLITY AND PROVIDING DATE All members of the public are eaccuraaed to atberd and participate In rlrg. TTte ordina�Ke may be Impeded In Its of the pu at the Office of the City Cleric during normal business rs, Mon-* 8:00 AM4,30 PM,; for ho8days EASE TAKE NOTICE AND BE ADVISED that no stenographk record by ertiffed court reporter wli be made of the brOng meeting. Acaorringly E21438 rson who may seek to appeal any decision InvolvMg the malbers erein vAR be responsible ibr maN g a Verbatim record of the bestl evkk7tce at said meeting mar wlddt any appeal Is to be based. mttmd Cky Admktlstratkrt at863-763.3372, or webslM to obtain a of the agenda. needing a_�l accommodation to pa�rticirts IIn thisbl" Act ( ADA) of ng�touP& the City Clerks Office at 863-763-3372 for assistance. Mayor �Gamk� Q�1C, City Clerk oN 7 d12 DMIBIT 3 RESOLUTION NO. 12-05 DULY 17, 2012 A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 17, 2012, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of an annual rate resolution that the City must enact a preliminary rate resolution, which includes the requirement of the City Administrator for the City of Okeechobee prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2012, and said assessment is a non -ad valorem assessment; and NOW, THEREOF, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. Resolution No. 12-05 Page 1 of 3 SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes a preliminary rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. DESCRIPTION OF SERVICES. The services, facilities and programs to be provided to the citizens of the City of Okeechobee for solid waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid waste company acceptable to the City for the provision of such services; for such company to provide the labor and equipment necessary to fulfill solid waste services; to provide receptacles for collection; to provide for scheduled and emergency pick up services; to provide for pick up of white goods, trash and yard debris; and such other services customarily associated with such franchise services. SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. It is determined that the solid waste assessed costs to be assessed for the upcoming Fiscal Year is the estimated sum of $395,591.04 and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $224.64. SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to prepare an updated assessment roll for the Fiscal Year ending September 30, 2012 in the manner provided for in Ordinance No. 784. The updated assessment roll shall be certified on a compatible electronic medium with that of the Tax Collector, and shall post the non -ad valorem assessment for each parcel on the roll, to be presented to the City Council for adoption at an annual rate resolution, which shall be certified to the Tax Collector before September 15 of the current year. The City Council may make corrections or alterations to the roll up to 10 days prior to certification to the Tax Collector. SECTION 6. PUBLIC HEARING. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date and time, which shall be duly published by the City Clerk for the City of Okeechobee, Florida, to -wit: Date: Tuesday, July 17, 2012 Time: 6:00 p.m., or as soon thereafter as can be heard. Place: City Hall, 55 S. E. 3rd Avenue, Okeechobee, Florida. Resolution No. 12-05 Page 2 of 3 The City Clerk is further directed to provide any supplemental or additional notice of adoption of the annual assessment roll as may be deemed proper, necessary or convenient to the City. SECTION 7. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 8. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 17th day of July, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 12-05 Page 3 of 3 EXHIBIT 4 RESOLUTION NO. 12-06 JULY 17, 2012 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2012-2013; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2012, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2012-2013 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment; and NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. Resolution No. 12-06 Page 1 of 4 SECTION 2. PURPOSE AND DEFINITIONS. This resolution continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specified parcel or building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual Solid Waste Assessment consistent with the maximum Assessment Rate schedule in Section 2.08 of Ordinance No. 784, and Resolution No. 01-08, and also as adopted as the preliminary rate resolution for Fiscal Year 2012-2013 adopted by the City Council at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. Thatthe City Administrator has caused to be prepared the assessment roll for the Fiscal Year ending September 30, 2013 in the manner provided for in Ordinance No. 784. The solid waste collection and disposal cost for which the solid waste collection and disposal assessment is intended to pay is $395,591.04. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida as reflected on the assessment roll. C. It is hereby ascertained, determined, and declared that based upon the findings set forth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2012-2013 Fiscal Year as set forth in Appendix A and attached hereto and incorporated herein to continue an increase in the Assessment Rate included in any notice previously provided to owners of assessable property pursuant to Ordinance No. 784, Resolution 01-8, and Chapter 197 Florida Statutes. d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator is hereby approved and adopted for the 2012-2013 Fiscal Year, and the chair of the local governing board, being the Mayor for the City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the Tax Collector for Okeechobee County, Florida by September 15, 2012, which roll shall contain the posting of the non -ad valorem assessment for each parcel. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2012 is adopted as the rate of assessment for the 2012-2013 Fiscal Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make such alterations to the assessment roll for up to ten days prior to such certification if errors or omissions are discovered in the roll. Resolution No. 12-06 Page 2 of 4 ,,„ SECTION 5. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 6. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 171h day of July, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 12-06 Page 3 of 4 Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single unit will be assessed on the following schedule: The amount to be levied in the year 2012: .......... $224.64 The maximum amount to be levied in the year 2013: .......... $235.87 The maximum amount to be levied in the year 2014: .......... $247.66 The maximum amount to be levied in the year 2015: .......... $260.04 The maximum amount to be levied in the year 2016: .......... $273.04 The maximum amount to be levied in the year 2017: .......... $286.69 The total annual revenue to be collected by this assessment for 2012-2013 is: ... $395,591.04 The estimated total annual revenue to be collected by this assessment for 2013-2014: ... $415,367.07 The estimated total annual revenue to be collected by this assessment for 2014-2015: ... $436,129.26 The estimated total annual revenue to be collected by this assessment for 2015-2016: ... $457,930.44 The estimated total annual revenue to be collected by this assessment for 2016-2017: ... $480,823.44 The estimated total annual revenue to be collected by this assessment for 2017-2018: ... $504,861.09 Resolution No. 12-06 Page 4 of 4 �),-I'MDEPENDENT- �WEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a C�'a in the. matter of �- (863) 763-3134 in the 19th Judicial District of the Circuit Court of -p,y _= E o 8 3 o a M m Okeechobee County, Florida, was published in said > m `� E01 8 ; 3 E �, M V) E e Tt newspaper in the issues of a ;z , .,�;,� o N � ,a � � � � � -n N 7 CA C LC 0"l6 a N ° -Sv--LCt 1 1 nay (D m aD Affiant further says that the said Okeechobee News z w it d MET T a 3 = `° N is a newspaper published at Okeechobee, in said � LL 87.y d d a s a Okeechobee County, Florida, and that said newspaper sn J 3, o Z 15 M r has heretofore been published continuously in said -a a = aL 3 = s s. .- 8",_ 8 Okeechobee County, Florida each week and has been W a .' o ,�.� � .� 0 U .� o $ _ N 23 entered as second class mail matter at the post office in �, a",P3 �,-� z o o g 8 N Okeechobee, in said Okeechobee County, Florida, for a Z 4 y S . ,8 s t > y � � `c period of one year next preceding the first publication M 0 o y $ y N o LL = of the attached co of advertisement and affiant fur- tj UJ = y 2 o £� a, > N a " _ z PY ui m= __� ��;_ ther says that she has neither paid nor promised any � a 5 0 W =,� .e E t E g ' = y person, firm or corporation any discount, rebate, com- Z '(` p Q gO ,- L a o a a� N E E Z V y m7w�a> -Nf7 yCMM N mission or refund for the purpose of securing this e:- _ _ _ 8, o -- 0 E ; advertisement for ublication in the said newspaper. w Co -S �, „ a = m 0 ° „LL 0 = m ---- - — ` �k - --- ---- Tom Byrd m' � � _ �, � � � � 4 �, � � y = 9 c N ME �- ow N m Y m0 o d o N to v y a r©n m cv. r=2 y= E v_, a>Q 3 cC E g? m :3 Sworn to and subscribed before me this � �a ok. �. c � a o'S g LL __ _ E LUCA7� U. 8 m In o 'G � Q U � a) E �'5 d w y J day of ----s �� °� AD CWi �' w � o = � e � � � e � � W V) q F—• U�ytS .mmm=`�ncp°—i n°'a�u�',a`>m E SO J 1` z U N E Y L C N �oo O u) � c0 O t n �- Z L CIO I— 5 o 3 6 E 0 O U y Q F E 5- 3 m n Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: APM 20, 2016 Bonded'fhru Notary Public Underwriters LXHIBIT 5 RESOLUTION NO. 12-07 JULY 17, 2012 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FY 2012/2013, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has determined that for the health and welfare of the community, each and every place of business, or other type of structure or abode shall be required to place their garbage and trash for pick up and disposal in a safe and sanitary manner prescribed by the City Council; and WHEREAS, the City Council of the City of Okeechobee entered into a Solid Waste Collection and Disposal Services Agreement with Waste Management, Inc., of Florida on July 7, 1987, as amended, to provide such collection and disposal services to the community; and WHEREAS, as provided in Code Book Section 42-52, the City Council shall establish the charges and rates for the collection and disposal services required. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. COMMERCIAL RATES. 1. Commercial Rates Per month for business solid waste collection and disposal services shall be as follows. from October 1- 2012 to Sentember 30 2013. Pick-ups/Week 1x/wk 2x/wk 3x/wk 4x/wk 5x/wk 6x/wk 7x/wk XPU Container Size 2 CUBIC YD Collection $60.66 $110.57 $153.25 $195.91 $238.60 $281.28 $323.96 Disposal (1) F1 ial $21.22 $17 R7 $ 42.44 91A na $176.10 $ 63.66 $nq n1 $ 84.88 . An 41 $321.70 $106.10 . dq R9 $394.52 $127.32 $FR 7� $148.54 $ F7 Rr, Total $94.55 $248.92 $467.33 $540.15 $41.22 3 CUBIC YD Collection $83.93 $146.16 $186.94 $217.55 $262.30 $307.06 $351.81 Disposal (1) Fiial $31.83 $17 F7 $ 66.70 . In FQ $100.06 $ 'AQ p3 133.41 AS d7 $166.76 . rd 77 $200.11 $ Rd 19 $233.47 $ 7R 47 Total $133.28 $243.38 $326.03 396.38 $483.83 $571.29 $658.75 $52.88 4 CUBIC YD Collection $99.50 $165.19 $196.97 $245.80 $286.11 $328.68 $371.24 Disposal (1) F1ial $42.44 $9n 77 $ 84.88 -Ad dq $127.32 " Al 19 $169.76 $212.20 Fq 7F $254.64 $ RR Ra $651.96 $297.08 $ 77 r,R Total $162.71 $284.56 $365.41 $466.89 $558.06 $745.85 $57.46 6 CUBIC YD Collection $131.21 $194.74 $258.48 $318.25 $373.24 $428.24 $ 483.24 Disposal (1) Fiial $ 63.66 $ 97 An $127.32 " an 67 $362.73 $190.98 $ .1; -1 q7 $254.64 . RR AS $639.34 $318.30 77 qd $381.96 $ RQ 47 $ 445.62 $ Inn q1 $1029.77 Total $222.27 $503.43 $769.48 $899.62 $71.56 8 CUBIC YD Collection $148.32 $215.26 $272.43 $329.62 $384.61 $ 440.69 $496.78 Disposal (1) F1 ial $ 84.88 $ -An q7 $169.76 4A qF $254.64 SR RQ $583.96 $339.52 RR RR $737.97 $424.40 $gp-A2 $889.33 $ 509.28 $ qq n7 $594.16 $1 nR 7'A Total $264.17 $429.97 $1041.99 $1194.67 $81.24 Commercial Cans # of Cans 1 2 3 4 5 6 1x/wk $ 8.58 $11.36 $13.97 $16.83 $25.08 $46.74 Disposal $ 3.86 $ 7.72 $11.58 $15.44 $19.30 $23.16 Fuel $ 1.79 $ 2.37 $ 2.92 $ 3.51 $ 5.24 $ 9.76 Total $14.23 $21.45 $28.47 $35.78 $49.62 $79.66 Resolution No. 12-07 Page 1 of 2 Optional Services: Casters: $ 8.58 per month maintenance Roll -out: $ 8.58 per month per number of service days/week Lockbar $92.02 installation Lock/Unlock $12.27 monthly fee times the number of pickups/week Rolloff Collection Rates - Collection and Disposal 20 yd 30 yd 40 yd Compactor Rate per pull plus disposal $179.52 $189.38 $199.24 $199.24 Fuel per pull $ 37.49 $ 39.54 $ 41.61 $ 41.61 Total $217.01 $228.92 $240.85 $240.85 Wasted Trip Charges $70.98 Monthly Charges/Two Haul Min: $70.99 Disposal: C & D $19.07 per ton Garbage $35.18 per ton Vegetation $16.49 per ton Any additional or special waste collection request over and above contracted service rate can be negotiated between the customer and contractor. (1) The Disposal portion of the above rates is to be calculated as the product or the current per -ton Disposal Charge at the Chambers Berman Road Landfill (27,76) and the Weight Per Cubic Yard Factor as set forth below: PROPOSER'S proposed Weight Per Cubic Yard Factor is: 139.3 pounds per cubic yard. SECTION 2. RATE ADJUSTMENTS. The present Franchise, as amended, for Solid Waste Collection and Disposal Services within the City of Okeechobee, effective October 1, 2012 to September 9, 2013is subject to periodic rate adjustments for consumer price index (CPI) cost of living, diesel fuel surcharge, and adjustments necessary due to changes in law or regulatory action. Such rate adjustments may affect Commercial Rates over those set out in Section One, which will not occur without public notice and hearing. SECTION 3. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 4. EFFECTIVE DATE. The charges and rate established by this Resolution shall take effect on the 1st day of October, 2012. INTRODUCED AND ADOPTED in regular session this 17t" day of July. 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 12-07 Page 2 of 2 LXHIBIT 6 JbLY 17, 2012 ORDINANCE NO. 1088 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, GRANTING A NONEXCLUSIVE FRANCHISE FOR THE OPERATION AND MAINTENANCE OF A NATURAL GAS SYSTEM WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY OF OKEECHOBEE OR AS HEREAFTER AMENDED, TO FLORIDA PUBLIC UTILITIES COMPANY; PROVIDING FOR DEFINITIONS; PROVIDING FOR A TERM OF YEARS WITH RENEWAL PROVISIONS; PROVIDING FOR CONSTRUCTION OF SERVICE AND DISTRIBUTION LINES; PROVIDING FOR NONEXCLUSIVE USE OF CITY RIGHTS -OF -WAY; PROVIDING FOR MAINTENANCE AND EMERGENCY RESPONSE; PROVIDING FOR ANNUAL REVIEW OF SERVICE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR DISPUTE RESOLUTION; PROVIDING FOR TERMINATION OF FRANCHISE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has the authority to grant a non-exclusive Franchise for various commercial services including utilities to a provider, and to limit such service solely by that provider within a defined geographic area in the City; and WHEREAS, the Franchise contemplated by this ordinance is for Natural Gas Service for the citizens of Okeechobee, which service has not to date been offered or available to the City; and WHEREAS, the provision of such Natural Gas Service would be a benefit to the citizens of Okeechobee to those who wish to subscribe, and would benefit the health, safety and welfare of the citizens, and otherwise promote a valid municipal purpose; and WHEREAS, this Franchise provides for the regular maintenance, improvement and safety of the transmission system, provides for service review by the City Council and the citizens, provides for oversight and regulation by the Florida Public Service Commission, and in all respects would improve the quality of life within Okeechobee. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: That the City of Okeechobee, Florida does hereby grant unto FLORIDA PUBLIC UTILITIES COMPANY, 401 S. Dixie Highway, West Palm Beach, Florida, its successors or assigns, a non-exclusive Franchise for the construction, operation and maintenance of a Natural Gas Distribution System within the geographic boundary of the City of Okeechobee, or as hereafter annexed or contracted, for a term of thirty (30) years from the effective date of this ordinance. 2. That the terms and conditions of the Franchise are accepted, and are specifically contained in the Franchise Agreement attached hereto (as Attachment "A"), and its terms, conditions, obligations and agreements are incorporated herein by reference as if fully set forth herein. 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1088 Page 1 4. If any provision or portion of this ordinance and attached Franchise are declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of the ordinance and attached Franchise shall remain in full force and effect. 5. This Ordinance shall take effect immediately upon its passage. INTRODUCED forfirst reading and set forfinal public hearing on this 17'h day of July 2012. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21"day of August 2012. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1088 Page 2 James E. Kirk, Mayor GAS FRANCHISE AGREEMENT THIS AGREEMENT is made this 17 day of J u I y , 2012 by and between the City of Okeechobee, Florida (hereinafter "CITY" or "GRANTOR") and Florida Public Utilities Company (hereinafter "GRANTEE" or "COMPANY"), a Florida for -profit corporation, located 401 South Dixie Highway, West Palm Beach, Florida 33401. WHEREAS, COMPANY has applied for a nonexclusive Franchise to operate and maintain a natural gas Distribution System within and through the CITY; and WHEREAS, the CITY finds that expanding the opportunity for its citizens to obtain natural gas will promote the general welfare of the community; and WHEREAS, the Florida Statutes and City ordinances authorize the CITY to grant nonexclusive Franchises; and WHEREAS, the CITY deems it to be in the public's interest to promote the welfare and advancement of the community through a gas franchise. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY: This Agreement is made pursuant to the authority of Florida Statutes and City ordinances. SECTION 2. DEFINITIONS: For the purposes of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future words, in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. A. "Customer" shall mean any person, firm, public or a private corporation, or governmental agency served by the COMPANY within the corporate limits of the CITY. B. "CITY" shall mean the City of Okeechobee, Okeechobee County, Florida, its successors and assigns C. "COMPANY" shall mean Florida Public Utilities Company, a Florida for -profit corporation, its successors and assigns. D. "Gas" or "Natural Gas" shall mean natural gas and/or manufactured gas and/or a mixture of gases which is distributed in pipes and measured by meter on the Customer's premise. It shall not mean propane gas or liquefied petroleum gas (commonly referred to as "bottled gas") or any other fuel that is typically delivered by truck and stored in tanks. E. "Gross Revenues" shall mean all revenues (as defined by the Florida Public Service Commission) received by the COMPANY from any Customer from the sale or delivery or transportation of gas within the Franchise Area. Not included in this definition shall be revenue derived from the sale or delivery or transportation of gas to Large Volume Service Customers and Large Volume Transportation Service as defined in Company's Natural Gas Tariff as filed with and Approved by the FPSC. F. "Facilities" or "equipment" shall mean COMPANY pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, structure or structures, and appurtenances used or useful in the distribution of gas, located or to be located in, upon, along, within, across, or under the public streets, alleys, waterways, easements and other public places of the C ITY. Page 1 of 13 G. "Franchise Agreement" shall mean this document executed by the CITY and COMPANY giving the Company the authority to operate the non-exclusive franchise within the CITY. H. "FPSC" shall mean the Florida Public Service Commission or any successor agency. I. "Distribution System" shall mean any and all transmission pipelines, main pipelines, together with all necessary and desirable appurtenances as may be reasonably necessary for the sale and distribution of Natural Gas for the public and private use of Customers within the corporate limits of the CITY. J. "Construct or Construction" shall mean removing, replacing, and repairing existing pipeline(s) and/or Facilities and may include, but is not limited to, digging and/or excavating for the purposes of removing, replacing, and repairing existing pipeline(s) and/or Facilities. K. "Franchise Area" shall mean the area within the jurisdictional boundaries of the CITY, including any areas annexed by CITY during the term of this Franchise, in which case the annexed area shall become subject to the terms of this Franchise. L. "Hazardous Substance" shall mean any hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant. The term shall specifically include natural gas, petroleum and petroleum products and their byproducts, residue, and remainder in whatever form or state. The term shall also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, injury, sickness, illness, behavior abnormalities or, genetic abnormalities. M. "Abandonment", "Abandon" shall mean permanent cessation of use of the Distribution System for the purposes of supplying natural gas with no intention to resume or reclaim. There is irrefutable presumption of abandonment where Company ceases use of the Distribution System for the purposes of supplying natural gas for period of six (6) consecutive months, unless otherwise agreed to by the CITY. N. "Ordinance" shall mean Ordinance No. 1088, which incorporates the terms and conditions of this Franchise. SECTION 3. GRANT: A. CITY hereby grants to COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Florida, and which is authorized to transact business within the State of Florida, its successors and assigns (as provided herein), the right, privilege, authority and Franchise to construct, operate and maintain its existing pipeline(s) and/or Facilities necessary for the transportation, distribution and handling of natural gas within the Franchise Area. B. This Franchise is non-exclusive. CITY reserves all rights to its property, including, without limitation, the right to grant additional Franchises, easements, licenses and permits to others to use the rights-ff Nay and public properties, provided that the CITY shall not grant any other Franchise, license, easement or permit that would unreasonably interfere with COMPANY'S permitted use under this Franchise. This Franchise shall in no manner prohibit the CITY or limit its power to perform work upon its rights -of -way, public properties or make all necessary changes, relocations, repairs, maintenance, establishment, improvement thereto, or from using any of the rights -of -way and public properties, or any part of them, as the CITY may deem fit from time to time, including the dedication, establishment, maintenance and improvement of all new rights -of -way and other public properties of every type and description. C. This Franchise is conditioned upon the terms and conditions contained herein and COMPANY'S compliance with all applicable federal, state or other regulatory programs that currently exist or may hereafter be enacted by any regulatory agencies with jurisdiction over the COMPANY. D. By granting this Franchise, the CITY is not assuming any risks or liabilities therefrom, which shall be solely and separately borne by COMPANY as otherwise provided herein. COMPANY agrees and covenants to, at its sole cost and expense, take all necessary Page 2 of 13 and prudent steps to protect, support, and keep safe from harm its pipeline(s) and/or Facilities, or any part thereof, when necessary to protect the public health and safety. E. This Franchise is only intended to convey a limited right and interest. It is not a warranty of title or interest in CITY'S rights -of -way or other public properties. None of the rights granted herein shall affect the CITY'S jurisdiction over its property, streets or rights -of - way. If CITY should close any street, right-of-way or alleyway in which COMPANY has pipelines and adjoining landowner or the Hamrick Family Trust should claim some right or interest, then COMPANY shall resolve that issue and hold CITY harmless therefrom. F. The limited rights and privileges granted under this Franchise shall not convey any right to COMPANY to install any new pipeline(s) and/ or Facilities without the express written consent of CITY. G. The CITY may, at its discretion each year of the term of this Franchise hold evaluation sessions upon reasonable notice to the COMPANY. All evaluation sessions shall be open to the public. Topics which may be addressed or special evaluation session may include, but not limited to, system performance, COMPANY'S compliance with this Franchise, customer service and complaint response, customer privacy, franchise fees, penalties, possible applications of new technologies on the system, judicial and FPSC filings, and line extensions. As a result of an evaluation session, the CITY or COMPANY may propose an amendment to the terms of this Franchise, COMPANY and the CITY will, in good faith, review the terms of the Proposed Modification and consider amending this Franchise accordingly, provided that any improvements are contained in the Proposed Modification can be instituted through technology which has been demonstrated to be feasible for its intended purpose, in an operationally workable manner, and in a manner which is normally profitable with respect to each such improvement within the remaining term of the Franchise. SECTION 4. TERM: The Franchise hereby granted shall be for a period of thirty (30) years from the effective date of this Agreement, provided that at the end of said thirty (30) year period this Franchise Agreement shall be automatically renewed for a six (6) month period during which time the CITY and COMPANY shall negotiate in good faith to attempt to develop a mutually agreeable new franchise agreement. During the term of the Franchise the CITY shall have favored nation status that will serve to automatically adjust the Franchise fee due the CITY to the highest rate given by COMPANY. Furthermore, rate structures and/or rates given by company to other franchisees shall be provided to the CITY upon written request. SECTION 5. TERMINATION: The CITY reserves the right to terminate, at any time, any franchise granted herein, and to rescind all rights and privileges pursuant to the procedures set forth in Section 28 herein, in the event that: A. The COMPANY has not fully complied in some material respect with any provision of this Franchise Agreement, or any supplemental written agreement entered into by and between the CITY and the COMPANY. B. The COMPANY is expected to perform in good faith and to provide natural gas services to feasible parcels with the franchise area within a reasonable timeframe. The CITY reserves the right to terminate the franchise if COMPANY has not commenced construction within the franchise area within one (1) year of the approval of this Agreement. C. The COMPANY has made a material, false statement in the application for the franchise, knowing it to be false. D. The COMPANY becomes insolvent, enters into receivership or liquidation, files for bankruptcy, is unable or unwilling to pay its debts as they mature, or is in financial difficulty of sufficient consequence so as to jeopardize, by order of the FPSC, the continued operation of the natural gas system, unless the COMPANY is in due process of contesting such debt. Page 3 of 13 E. The COMPANY knowingly or intentionally violates any FPSC order or ruling, or the order or ruling of any other governmental body having jurisdiction over the COMPANY which materially affects COMPANY'S ability to safely provide service to the CITY. F. In the event either party breaches any material provision of this Agreement, the other party may, at its option, provide written notice to the party in breach to remedy such breach. If the said breach is not remedied within thirty (30) days after receipt of the written notice or such further time as may be reasonably required by the party in breach using best efforts on a commercially reasonable basis to remedy the breach, the party not in breach may proceed with dispute resolution as provided in this Agreement. Provided, however, that no such termination shall take effect if the reasonableness or propriety thereof is challenged by COMPANY pursuant to Section 28 herein and a court of competent jurisdiction (with right of appeal in either party) shall have found that COMPANY has failed to comply in a material respect with any of the provisions of the Franchise Agreement. COMPANY will initiate corrective action within 30 days and complete the necessary corrections in a timely manner consistent with industry standards. SECTION 6. ABANDONMENT: In the event COMPANY abandons the Distribution System, the CITY may advertise and seek another COMPANY to operate the system. Upon abandonment, at the request of the CITY, the COMPANY shall seal all abandoned gas lines and transfer ownership of the Distribution System to the CITY at no charge and submit to the CITY an instrument in writing, subject to the approval of the City Attorney, affecting such transfer. If the COMPANY does not desire that the Distribution System be transferred to the CITY, the CITY will require the COMPANY to remove the abandoned Distribution System and restore the site(s), for which COMPANY shall have one hundred eighty (180) days unless the CITY agrees to additional time. It shall be the sole responsibility of the COMPANY to purge the unused gas or natural gas product from any and all of COMPANY'S Distribution System. SECTION 7. ASSIGNMENT: The COMPANY, upon prior notice to and approval by the CITY, shall have the right and authority at its option, to assign lease, or otherwise alienate and transfer this Franchise Agreement in connection with the lease or sale of the Distribution System all rights conferred upon it by this Franchise Agreement to any entity after first submitting a request to transfer to the CITY and paying a nonrefundable transfer fee of twenty five hundred dollars ($2,500.00) to the CITY. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. Notwithstanding the foregoing, and without payment of a transfer fee, the COMPANY may, at its option alienate and transfer this Franchise Agreement in connection with the COMPANY'S merger and consolidation with any other entity or pledge or mortgage such Franchise in connection with the physical property owned and used by the COMPANY in the operation of the Distribution System for the purpose of securing payment of monies borrowed by the COMPANY, provided that any successor -in -interest to the Distribution System agrees to be bound by the terms of the Franchise Agreement. SECTION 8. CITY COVENANT: As a further consideration of this Franchise Agreement, the CITY covenants and agrees that it will not, during the term of this Franchise Agreement or any extension thereof, engage in the business of distributing or selling Natural Gas within the corporate limits of the CITY, as modified, during the term of this Franchise Agreement, SECTION 9. USE OF STREETS: The Distribution System shall be erected, placed, or laid in such manner as will, consistent with necessity, least interfere with other public uses of said public streets, alleys, waterways, easements and other public places of the CITY, and said public streets, alleys, waterways, easements and other public places of the CITY shall not be unnecessarily obstructed, and before, except in an emergency situation, the COMPANY makes any excavation or disturbs the surface of any of the public streets, alleys, waterways, easements and other public places of the CITY, it shall make application for a permit to the appropriate CITY authority and shall with due diligence and dispatch, place such public streets, alleys, waterways, easements and other public places of the CITY in as good condition and repair as before such excavation or disturbance was made, and in default thereof the CITY, or its subcontractor, may make such repairs and charge the reasonable cost thereof to the COMPANY and collect the same from it. Page 4 of 13 To the extent consistent with Florida Law, the COMPANY hereby agrees to abide by all the rulesand regulations and ordinances which the CITY has passed or might pass in the future, and further agrees to abide by any established policy which the CITY or its duly authorized representative has passed, established, or will establish; provided, however, it is not intended hereby that the CITY shall have the right of breaching the terms of this Franchise Agreement other than as herein provided. SECTION 10. MAINTENANCE: All such components of the Distribution System of the COMPANY located within the CITY shall be installed and maintained in accordance with accepted good practice and in accordance with the orders, rules, and regulations of the Florida Public Service Commission or other regulatory body having jurisdiction over the COMPANY. SECTION 11. LAYING OF PIPE: All components of the Distribution System shall be laid consistent with all applicable codes, rules, regulations and laws, specifications contained in CITY permits. SECTION 12. CONSTRUCTION WORK: Prior to construction and installation of the gas distribution system, COMPANY shall apply to the CITY for a site plan review through the Technical Review Committee as provided for in City Code Section 70-102. As part of the site plan application the COMPANY shall provide, among other items, preliminary plans describing the extent of the project and the methodology that the COMPANY plans to use for installation, including a timeline for completion of same. The CITY reserves the right to permit to be laid electric conduits, water and gas pipes and lines, cables, sewers, and all appurtenances associated therewith, including but not limited to, curbs and gutters, and to do and permit to be done any work that may be deemed necessary or proper by the CITY or other governmental body having jurisdiction in, across, along, or under any of the public streets, alleys, waterways, easements and other public places of the CITY. Whenever, by reason of establishing a grade or by reason of changes in the grade of any street, or by reason of the widening, grading, paving, or otherwise improving present or future public streets, alleys, waterways, easements and other public places of the CITY, or in the location or manner of construction of any water pipes, electric conduits, sewers, or other structure, it shall be deemed necessary by the CITY or other governmental body to alter, change, adapt, or conform any portion of the Distribution System of the Company hereto, such alterations, or changes, shall be made by the COMPANY as ordered in writing by the CITY or other governing body, without claim for reimbursement. The COMPANY shall, to the best extent possible, conform to and comply with the efforts of the CITY to maximize the use of the CITY property and to minimize the impact of construction projects by merging projects. If the CITY shall require the COMPANY to adapt or conform any portion of its Distribution System or in any way to alter, relocate or change its property to enable any other Person or corporation to use said public streets, alleys, waterways, easements and other public places of the CITY, as part of its permitting or approval process, the CITY shall require the Person desiring or occasioning such alteration, relocation or change to reimburse the COMPANY for any loss, cost or expense caused by or arising out of such change, alteration or relocation of any portion of the COMPANY'S facilities. The COMPANY further agrees that it will not intentionally interfere with, change, or injure any water pipes, drains, or sewers of said CITY unless it has received specific permission from the CITY or its duly authorized representative. SECTION 13. CUSTOMER COMPLAINTS: COMPANY, its successors and assigns, shall throughout the term of the Franchise distribute to all consumers gas of good quality and the COMPANY shall provide gas service within the limits of this Franchise area under the rules and regulations of the FPSC. All complaints shall be resolved by the COMPANY in accordance with said rules and regulations. The COMPANY shall maintain a local or toll free telephone number 24 hours a day to accept service calls and complaints from customers. The COMPANY shall render efficient service, make repairs promptly pursuant to FPSC rules and regulations, and interrupt service only for good cause. Any complaints shall be investigated and acted upon as soon as possible. SECTION 14. COMPLIANCE WITH CITY REQUESTS: If, at any time, in case of fire or other disaster in the CITY, it shall become necessary, in the judgment of the City Administrator or his or her designee or Fire Chief of City or his or her Page 5 of 13 designee or the Police Chief of City or his or her designee, to stop the flow of natural gas into a structure or structures as necessary such function shall be done by the COMPANY and any repairs rendered necessary thereby shall be made by the COMPANY at no expense to the CITY. SECTION 15. LEAKS, RUPTURES AND EMERGENCY RESPONSE: A. COMPANY shall have in place, at all times during the term of this Franchise, a system to remotely monitor pressure at point(s) designate by COMPANY to ensure adequate pressure is available to serve Customers . The system used shall comply with industry standards. The remote monitoring must be able to accurately detect pipeline ruptures by sensing loss of pressure. B. During the term of this Franchise, Grantee shall have a written emergency response plan and procedure for locating leaks and ruptures and for shutting down valves as rapidly as possible. C. Upon acceptance of this Franchise, COMPANY shall provide, for CITY'S approval and acceptance, a copy of its emergency response plans and procedures, including, but not limited to, emergency rupture response. All proprietary or information critical to system security may be redacted; however, such information related to system security shall be disclosed to CITY officials. If the parties disagree as to the adequacy of Grantee's emergency response plan, the CITY shall request the FPSC, or its successor, review the areas of the plan that causes the CITY concern. If the review recommends that COMPANY make modifications or additions to COMPANY'S emergency response plan, COMPANY covenants to consider said recommendations in good faith. If COMPANY declines to follow the recommendations, COMPANY shall provide a written report to the CITY explaining its reasoning for not following said recommendations. The parties agree to comply with the dispute resolution provisions contained herein to resolve any dispute over the whether to follow the recommendations. D. COMPANY'S emergency plans and procedures shall designate COMPANY'S responsible local emergency response officials and a direct 24-hour emergency contact number for the control center operator. COMPANY shall, after being notified of an emergency, cooperate with the CITY and make every effort to respond as soon as possible to protect the public's health, safety and welfare. E. The parties agree to meet annually to review the emergency plans and procedures. CITY shall coordinate this meeting with the COMPANY. F. Except as otherwise provide in Section 22 herein, COMPANY shall be solely responsible for all necessary costs incurred in responding to any leak, rupture or other release of natural gas from COMPANY'S pipeline(s) and/or Facilities, including, but not limited to, detection and removal of any contaminants from air, earth or water, and all remediation costs. Provided, however, nothing in the Section shall prevent COMPANY from pursuing recovery of such costs from responsible third parties. G. If requested by CITY in writing, COMPANY shall provide a written summary concerning any leak or rupture within thirty (30) days of the event, including, but not limited to, the leak or rupture's date, time, amount, location, response, remediation and other agencies COMPANY has notified. H. The CITY may investigate any leak or rupture to the pipeline. COMPANY shall meet and confer with the CITY following the CITY'S investigation to address whether any modifications or additions to COMPANY'S pipeline(s) and/or Facilities may be warranted. I. If the CITY recommends that COMPANY make modifications or additions to COMPANY'S pipeline(s) and/or Facilities, COMPANY covenants to consider said recommendations in good faith. If COMPANY declines to follow the CITY'S recommendations, COMPANY shall provide a written report to the CITY explaining its reasoning for not following said recommendations. The parties agree to comply with the dispute resolution provisions contained herein to resolve any dispute over the whether to follow the CITY'S recommendations. Page 6 of 13 J. By the CITY'S approval of system operations, making of recommendations or requiring amendments to service or this Franchise, such shall not be construed or implied as the assumption of any liability by the CITY as to system operation or malfunction. SECTION 16. RELOCATION: A. In the event that CITY undertakes or approves the construction of or changes to the grade or location of any water, sewer or storm drainage line, street, sidewalk or other CITY improvement project or any governmental agency or any person or entity acting in a governmental capacity, or on the behalf of, under the authority of, or at the request of the CITY or any other governmental agency, undertakes any improvement project and the CITY determines that the project might reasonably require the relocation of COMPANY'S Facilities, CITY shall provide the COMPANY at least ninety (90) calendar days prior written notice or such additional time as may reasonably be required, of such project requiring relocation of COMPANY'S pipeline(s) and/or Facilities. B. CITY, to the extent possible and available, shall provide COMPANY with copies of pertinent portions of the plans and specifications for the improvement project. Upon request, COMPANY shall, at its cost and expense, determine and identify for CITY the exact location of its pipeline(s) and Facilities potentially affected by the improvement project. C. COMPANY may, after receipt of written notice requesting a relocation of its Facilities, submit to the CITY written alternatives to the relocation within forty-five (45) calendar days of receiving the plans and specifications. Regardless of whether plans and specifications are available to COMPANY, COMPANY shall comply with the timeframes as set forth in Section16A herein. The CITY shall evaluate the alternatives and advise COMPANY in writing if one or more of the alternatives are suitable to accommodate the work that would otherwise necessitate relocation of the Facilities. If requested by the CITY, COMPANY shall submit additional information to assist the CITY in making the evaluation. The CITY shall give each alternative proposed by COMPANY full and fair consideration but retains full discretion to decide for itself whether to utilize its original plan or an alternative proposed by COMPANY. In the event the CITY ultimately determines that there is no other reasonable alternative, COMPANY shall relocate its Facilities as proposed by the CITY. D. If any improvement project under this Section 16 is required in the interest of public health, safety, welfare, necessity or convenience, as adjudged in the sole discretion of the CITY, the COMPANY shall make such changes as required herein at COMPANY'S sole cost, expense and risk. E. CITY shall work cooperatively with COMPANY in determining a viable and practical route within which COMPANY may relocate its Facilities, in order to minimize costs while meeting CITY'S project objectives. F. COMPANY shall complete relocation of its Facilities so as to accommodate the improvement project at least ten (1 0) calendar days prior to commencement of the improvement project or such other time as the parties may agree in writing. SECTION 17. TECHNOLOGICAL IMPROVEMENTS: The COMPANY shall generally introduce and install, as soon as practicable, gas technological advances in its equipment and service within the CITY when such advances are technically and economically feasible and are safe and beneficial to the CITY and its residents. Upon request by the CITY, the COMPANY shall review and promptly report advances which have occurred in the gas industry that have been incorporated into the COMPANY'S operations in the CITY in the previous year or will be so incorporated in the six (6) months following the CITY'S request. SECTION 18. FRANCHISE FEE: Within thirty (30) days after the close of each calendar quarter following the effective date of this Franchise Agreement, the COMPANY, its successors or assigns, shall pay to the CITY, or its successors, a sum of money which is equal to six and one-half percent (6.5%) of the COMPANY'S Gross Revenue, for that preceding quarter, less any adjustments for uncollectible accounts, from the sale or delivery of Natural Gas to Customers within the corporate limits of the CITY (excluding (a) the CITY and each agency, board, commission or department thereof, and Page 7 of 13 (b) Those Customers for whom the CITY has waived, in whole or in part, the obligation to pay a franchise fee) less the amount of other taxes, licenses, or other impositions levied by CITY against COMPANY'S property, business, or operations for the tax year proceeding the beginning of the applicable privilege tax year, but not including any public service tax levied on the purchase of metered or bottled gas pursuant to F.S. § 166.231. For failure to pay an undisputed franchise fee on time the COMPANY shall pay to the CITY on the amount unpaid at a rate equal to one percent (1%) per month from the date the amount was due to the date it is finally paid. The franchise fee payment shall be deemed paid on time if post -marked within thirty (30) days of the close of the preceding calendar quarter. The COMPANY shall file with the CITY, within three months after the expiration of the COMPANY'S fiscal year, a financial statement signed and attested to by a COMPANY'S designated accounting supervisor of the franchise showing in detail the COMPANY'S gross revenues earned in the Franchise area during each such fiscal year. SECTION 19. FRANCHISE PARITY: If, during the term of this Franchise Agreement, the CITY, by Franchise Agreement or ordinance, allows other gas providers, gas consumers or gas transporters ("Alternate Gas Providers") the right, privilege or franchise to construct, maintain, operate or use gas facilities in, under, upon, over or across the present or future public streets, alleys, waterways, easements and other public places of the CITY, for the purpose of supplying or delivering Natural Gas to customers located within the corporate limits of the CITY or receiving such gas from a person other than the COMPANY within such corporate limits, and imposes a franchise compensation obligation or an equivalent on such Alternate Gas Provider for any customer or class of customers that is less than that imposed with respect to the same Customer or class of Customers under this Franchise Agreement, the Franchise compensation rate and/or base to which such rate is applied with respect to the same class of customers shall be reduced under this Franchise Agreement so that the Franchise compensation paid hereunder for such Customer class is no greater than the Franchise compensation payable by such Alternate Gas Provider under the Franchise Agreement or ordinance applicable to it, when compared on a dollars -per -term basis. In the event that the CITY determines not to impose any Franchise compensation by agreement, ordinance or otherwise on any such Alternate Gas Provider, the COMPANY'S obligation to pay a Franchise fee under this Franchise Agreement with respect to revenues derived from the provision of service by the COMPANY to the comparable class of customers served by such Alternate Gas Provider thereafter shall be extinguished. SECTION 20. ACCOUNTS AND RECORDS: The COMPANY shall maintain accounting, maintenance, and construction records as prescribed by the FPSC. The COMPANY shall establish and maintain appropriate accounts and records in such detail that revenues within the corporate limits of the CITY are consistently declared separately from all other revenues, and such records shall be maintained within the State of Florida, and be open at all reasonable times for inspection by the duly authorized representatives of the CITY pursuant to an appropriate confidentiality agreement. The COMPANY shall maintain its billing records only for the period of time required by the FPSC and any examination conducted after such period shall be confined to the billing records then available. SECTION 21. INSURANCE AND PERFORMANCE BOND: During the term of this Franchise, the COMPANY shall file with the City Clerk and shall keep in full force and effect at all times during the effective period hereof, insurance certificates evidencing a general liability insurance policy or policies or evidence of self-insurance, the terms and conditions whereof shall provide that the CITY is an additional insured as to the COMPANY'S construction or operation of a Natural Gas distribution system within the corporate limits of the CITY -as they currently exist or may exist in the future. Each such policy shall be in the minimum sub of0,000,000.00 for injury or death to any one person, and in the minimum sum of $5,0 ,000.00 for injury or death to all persons where there is more than one person involved in any one accident, and in the minimum sum of $1,000,000.00 for damage to property, resulting from any one accident, and each of the said minimum sums shall remain in full force and shall be undiminished during the effective period of this Agreement. Any change in the scope or limits of the COMPANY'S insurance will require written approval from the CITY. Prior to commencement of any upgrade of the gas distribution system, COMPANY will furnish and file with the CITY a construction bond in the amount of twenty-five thousand ($25,000) dollars. The Page 8 of 13 µ11 construction bond shall insure the faithful performance by COMPANY of all terms and conditions of this agreement with regard to the upgrade of the system. The COMPANY issuing such bond shall be licensed to do business in the State of Florida. Upon completion of the upgrade of the Gas Distribution System, the construction bond shall be released, and the CITY agrees to execute any and all documents necessary for such release. SECTION 22. INDEMNIFICATION: A. General. In consideration of the permissions granted to the COMPANY by this Franchise Agreement, the COMPANY hereby agrees to indemnify and hold harmless the CITY, its officers, agents and employees from and against claims, suits, actions, and causes of action, caused by or arising out of the COMPANY'S negligent operation of the Distribution System within the CITY during the term of this Franchise and resulting in personal injury, loss of life or damage to property sustained by any person or entity, through or as a result of the doing of any work herein authorized or the failure to do work herein required, and including all reasonable costs, attorney's fees, expenses and liabilities incurred by the CITY in connection with any such claim, suit, action or cause of action including the investigation thereof, and the defense of any action or proceeding brought thereon and any order, judgment or decree which may be entered in any such action or proceeding or as a result thereof, except that neither the COMPANY nor any of its employees, agents, contractor, licensees, or sub- lessees shall be liable under this section for any claims, suits, actions, damages, expenditures, including attorney's fees, or causes of action arising out of injury, loss of life or damage to persons or property caused by or arising out of the negligence, strict liability, intentional torts, criminal acts, or error of the CITY, its officers, agents, or employees. Nothing in this Agreement shall be construed to affect in any way the CITY'S rights, privileges, and immunities under the doctrine of "sovereign immunity" and as set forth in Section 768.28, Florida Statutes. The provisions of this section shall survive the expiration or earlier termination of this Franchise Agreement. B. Environmental. COMPANY shall indemnify, defend and save CITY harmless from and against any and all liability, loss, damage, expense, actions and claims, either at law or in equity, including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by CITY in defense thereof, arising directly or indirectly from (a) COMPANY'S breach of any environmental laws applicable to the Distribution System or (b) from any release of a hazardous substance on or from the pipeline arising out of the COMPANY'S operation of the pipeline, except that neither the COMPANY nor any of its employees, agents, contractors, licensees, or sub -lessees shall be liable under this Section for any claims, suits, actions, damages, expenditures, including attorneys' fees, or causes of actions arising out of injury, loss of life or damage to persons or property caused by or arising out of the gross negligence, intentional torts, or criminal acts of the CITY, its officers, agents, or employees. This indemnity includes but is not limited to (a) liability for a governmental agency's costs of removal or remedial action for hazardous substances; (b) damages to natural resources caused by hazardous substances, including the reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to hazardous substances; (d) liability for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any environmental laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. Nothing in this Agreement shall be construed to affect in any way the CITY'S rights, privileges, and immunities under the doctrine of "sovereign immunity" and as set forth in Section 768.28, Florida Statutes. The provisions of this section shall survive the expiration or earlier termination of this Franchise Agreement. SECTION 23. RECEIVERSHIP AND FORECLOSURE: A. COMPANY shall immediately notify the CITY in writing if it: files a voluntary petition in bankruptcy, a voluntary petition to reorganize its business, or a voluntary petition to effect a plan or other arrangement with creditors; files an answer admitting the jurisdiction of the Court and the material allegations of an involuntary petition filed pursuant to the Bankruptcy Code, as amended; or is adjudicated bankrupt, makes an assignment for the benefit of creditors, or applies for or consents to the appointment of any receiver or trustee of all or any part of its property including all or any parts of its business operations, pipeline(s) or Facilities within or affecting the Franchise Area. B. Upon the foreclosure or other judicial sale of all or a substantial part of COMPANY'S business operations, pipeline(s) or Facilities within or affecting the Franchise Area, or upon Page 9 of 13 the termination of any lease covering all or a substantial part of the pipeline(s) or Facilities within or affecting the Franchise Area, or upon the occasion of additional events which effectively cause termination of COMPANY'S rights or ability to operate the pipeline(s) or Facilities within or affecting the Franchise Area, COMPANY shall notify the CITY of such fact, and such notification or the occurrence of such terminating events shall be treated as a notification that a change in control of the COMPANY has taken place, and the provisions of this Franchise Agreement governing the consent of the CITY to such change in control of the COMPANY shall apply. C. The CITY shall have the right to cancel this Franchise one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of a COMPANY, whether in receivership, reorganization, bankruptcy, or other action or proceeding, unless such receivership or trusteeship shall h �e been vacated prior to the expiration of said one hundred twenty (120) days, or unle s:(a) ithin one hundred twenty (120) days after the election or appointment, such rece vi er or trustee shall have fully complied with all of the provisions of this Franchise Agreement and remedied any existing violations and/or defaults; and (b) Within said one hundred twenty (120) days, such receiver or trustee shall have executed an agreement, duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise Agreement granted to the COMPANY except where expressly prohibited by Florida law. SECTION 24. FORFEITURE OR REVOCATION OF GRANT: Material violation by the COMPANY of any of the covenants, terms, and conditions hereof, or default by the COMPANY in observing or carrying into effect any of said covenants, terms and conditions, shall authorize and empower the CITY to declare a forfeiture of and to revoke and cancel all rights granted hereunder, provided, however, that before such action by the CITY shall become operative and effective, the COMPANY shall have been served by the CITY with a written notice setting forth all matters pertinent to such violation or default, and describing the action of the Council with respect thereto, and the COMPANY shall have had a period of sixty (60) days after service of such notice within which to cure such violation or within which to present a plan, satisfactory to the CITY, acting reasonably, to affect such cure; and provided further that any violation or default resulting from a strike, a lockout, an act of God, or any other cause beyond the control of the COMPANY shall not constitute grounds for revoking and canceling any rights hereunder. In the event of forfeiture, the COMPANY shall have the right to assign, sell or transfer, to any entity of its choice, the rights conferred by this Franchise Agreement subject to the terms in Section 7 of this Agreement. SECTION 26. FRANCHISE ACCEPTANCE: The Franchise granted by this Agreement shall be conditioned upon the passage of an ordinance by the CITY accepting this Agreement and by the proper execution of this Agreement by the parties. SECTION 26. CONFIDENTIAL INFORMATION: CITY acknowledges that certain information it might request pursuant to this franchise may be of a proprietary and confidential nature. If COMPANY requests that any information provided by COMPANY to CITY be kept confidential due to such proprietary or commercial value, CITY and its employees, agents, and representatives shall maintain the confidentiality of such information, unless shown to be required to be released by Ch. 119 FL. Statutes. If CITY is requested or required by legal or administrative process to disclose any such confidential information, CITY shall promptly notify COMPANY of such request or requirement so that COMPANY may seek an appropriate protective order or other relief CITY shall use all reasonable efforts to ensure that the confidentiality of COMPANY'S confidential information is maintained. SECTION 27. LEGAL RELATIONS: A. Nothing contained in this Franchise shall be construed to create an association, trust, partnership, agency relationship, or joint venture or to impose a trust, partnership, or agency duty, obligation or liability on or with regard to any party. Each party shall be individually and severally liable for its own duties, obligations, and liabilities under this Franchise. B. COMPANY accepts any privileges granted by CITY to the Franchise Area, public rights - of -way and other Public Property in an "as is" condition. COMPANY agrees that the CITY Page 10 of 13 has never made any representations, implied or express warranties or guarantees as to the suitability, security or safety of COMPANY'S location of facilities or the facilities themselves in public property or rights -of -way or possible hazards or dangers arising from other uses of the public rights -of -way or other public property by the CITY or the general public. COMPANY shall remain solely and separately liable for the function, testing, maintenance, replacement and/or repair of the pipeline or other activities permitted under this Franchise. C. This Franchise shall be governed by and construed in accordance with the laws of the State of Florida and the parties agree that in any action venue shall lie exclusively in Okeechobee County, Florida. SECTION 28. DISPUTE RESOLUTION: If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may pursue such other relief permitted by law. SECTION 29. MISCELLANEOUS: A. In the event that a court or agency of competent jurisdiction declares a material provision of this Franchise Agreement to be invalid, illegal or unenforceable, the parties shall negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate actions so as to give effect to the intentions of the parties as reflected herein. If severance from this Franchise Agreement of the particular provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise Agreement, either party may apply to a court of competent jurisdiction to reform or reconstitute the Franchise Agreement so as to recapture the original intent of said particular provision(s). All other provisions of the Franchise shall remain in effect at all times during which negotiations or a judicial action remains pending. B. Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. C. In the event that COMPANY is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the reasonable control of COMPANY, then COMPANY performance shall be excused during the Force Majeure occurrence. Upon removal or termination of the Force Majeure occurrence the COMPANY shall promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to CITY. COMPANY performance shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. D. The section headings in this Franchise are for convenience only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the Section to which they pertain. E. By entering into this Franchise, the parties expressly do not intend to create any obligation or liability, or promise any performance to, any third party, nor have the parties created for any third party any right to enforce this Franchise. F. This Franchise and all of the terms and provisions shall be binding upon and inure to the benefit of the respective successors and assignees of the parties. G. Whenever this Franchise calls for notice to or notification by any party, the same (unless otherwise specifically provided) shall be in writing and directed to the recipient at the Page 11 of 13 address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the CITY: To the COMPANY: City of Okeechobee Florida Public Utilities Company City Administrator South Florida Director 55 SE 3rd Avenue 401 South Dixie Highway Okeechobee, FL 34974 West Palm Beach, FL 33401 H. The parties each represent and warrant that they have full authority to enter into and to perform this Franchise, that they are not in default or violation of any permit, license, or similar requirement necessary to carry out the terms hereof, and that no further approval, permit, license, certification, or action by a governmental authority is required to execute and perform this Franchise, except such as may be routinely required and obtained in the ordinary course of business. This Franchise Agreement and the attachments hereto represent the entire understanding and agreement between the parties with respect to the subject matter and it supersedes all prior oral negotiations between the parties. This Franchise Agreement can be amended, supplemented, modified or changed only by an agreement in writing which makes specific reference to the Franchise Agreement or the appropriate attachment and which is signed by the party against whom enforcement of any such amendment, supplement, modification or change is sought. All previous Franchise Agreements between the parties pertaining to COMPANY'S Operation of its pipeline(s) and/or Facilities are hereby superseded. J. The right of the CITY to construct, purchase or condemn any public utility works or ways, and the rights of the COMPANY in connection therewith, as provided by the Florida Constitution and Statutes, are hereby expressly reserved. K. Upon receipt of the CITY'S authorization for billing and construction, the COMPANY shall extend its facilities to provide gas to the CITY for municipal uses within the CITY limits and within the COMPANY certificated service area when such service is otherwise available near CITY facilities, without requiring the CITY to advance funds prior to construction. All such extensions shall be done under the most favorable applicable rates and terms within the COMPANY'S FPSC approved Natural Gas Tariff. L. Interpretations of this Agreement on behalf of the CITY shall be made by the CITY Administrator or his or her designee. M. The Effective Date of this Franchise shall be the 21st day of August, 2012, after passage, approval and legal publication of the Ordinance as provided by law, and execution of this Agreement. N. The preparation of this Agreement has been a joint effort of the parties and a result of negotiation between the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the patties than the other. No oral representations shall be capable of altering the written terms of this agreement. SECTION 30. DISCRIMINATION PROHIBITED: A. COMPANY shall not illegally discriminate in its rates, charges, or availability of service, or grant illegal preferences or advantages to any customers or potential customers or group of customers prejudicing any other group. COMPANY may not discriminate in providing service or services to customers or users on the basis of age, race, creed, religion, color, sex, handicap, national origin, marital status or political affiliation. However, it is understood that COMPANY'S rates are regulated by the FPSC and vary based on type of and use of gas service provided in accordance with COMPANY'S FPSC approved Natural Gas Tariff. Page 12 of 13 B. Franchisee shall not discriminate against any person in employment or compensation or in terms and conditions of employment or discharge from employment because of age, race, creed, religion, color, sex, disability, national origin, marital status, or political affiliation. Franchisee must comply with all federal, state, and local regulations governing employment discrimination. SECTION 31. NON -WAIVER - Any waiver of any obligation or default under this Franchise shall not be construed as a waiver of any fixture defaults, whether of like or different character. SECTION 32. MINOR CHANGES IN PROVISIONS HEREOF: Minor changes in the terms and conditions hereof may be made by written agreement between the CITY and the COMPANY. SECTION 33: SEVERABILITY: If any section, part of section, paragraph, sentence, or clause of this Agreement shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decision shall have been rendered. If either party to this Franchise Agreement feels that elimination of the specific portion of the Franchise Agreement adjudged to be invalid results in significant adverse consequences to itself, then that party may terminate this Franchise Agreement by providing thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF OKEECHOBEE Mayor James E. Kirk ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney FLORIDA PUBLIC UTILITIES COMPANY NO Page 13 of 13 LXHIBIT 7 JULY 17, 2012 City Council Agenda: July 171h, 2012 Agenda Item Motion 1: Approval of tentative millage rate for advertisement for 2012 Tax notices, 8.5907 for fiscal year 2012- 2013. Motion 2: Approval of 2012-2013 Tentative Budget Preparation and Millage Calendar setting workshop(s) to be held August 21 st, 5:00pm, August 28`h at 5:00pm (if needed), First Public Hearing September 4th at 6:00 pm, and Final Public Hearing September 25d', 2012 at 6:00 pm, all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, FL. Background: This proposed rate of 8.5907 is the calculated rollback/rollforward rate based on the same properties last year and includes the State allowed CPI Total Taxable 97%* Value 2011/2012 Taxable Value: $239,357,072 2012/2013 Same property Values: $225,385,858 (Values w/o New Construction) Decrease in same properties ($ 13,971,21�4) (5.6 /a) 2011/2012 Millage Rate 7.7432 $1,745,207 $1,692,851 generated Ad Valorem Revenue 2012/2013 Rollback/Rollforward Millage Rate, w/CPI 8.5907 $1,936,222 (w/o New Construction) Ad Valorem Revenue with $1,941,619 $1,883,370 New Construction *97% of Taxable Values used within the budget. **CPI per Florida Statute EXHIBIT 8 JULY 17, 2012 Tentative Calendar FOR BUDGET YEAR 2012/2013 07/02/2012 Certification from Property Appraiser 07/17/2012 Set date, time and place for public hearings and set maximum millage rate for tentative budget 08/21 /2012 Budget Workshop, 5 :00 pm (regular council meeting) 08/28/2012 Second Budget Workshop, 5:00 pm, (if needed) 09/04/2012 First Public Hearing at 6:00 pm (regular council meeting) 09/25/2012 Final Public Hearing at 6:00 pm (regular council meeting) All meetings to be held: Council Chambers at City Hall 55 SE 3rd Avenue Okeechobee, FL 34974 e Robin Brock From: Brian Whitehall <bwhitehall@cityofokeechobee.com> Sent: Tuesday, July 17, 2012 12.18 PM To: Councilman Clayton Williams; Councilman Devin Maxwell; Councilman Dowling Watford; Mayor Kirk Cc: 'Robin Brock';'Melisa Jahner';'Herby'; Fred Sterling Subject: FW: foreclosure agenda item 406 NE 4th St Attachments: N A Cons 406 NE 4 st pic2.JPG In the event that the previously sent file was too large to receive I am resending the attachments w/ Individual emalls Thanksl Brian From: Brian Whitehall [g.L If; a: bwh Iteha I I @cEtvo fokeech o bee. com ] Sent: Tuesday, July 17, 2012 12.13 PM To: Councilman Clayton Williams; Councilman Devin Maxwell; Councilman bowling Watford; Mayor Kirk CC: 'Robin Brock; 'Melisa Jahner; 'Herby; Fred Sterling Subject: foreclosure agenda Item 406 NE 4th St Mayor & City Councilmen - Sorry for the lack of information associated w/ the Agenda item, Code Board recommendation of foreclosure on N&A construction (Abuequad Naser) for the property at 406 NE 4`k' Street. I'm attaching some supporting information from the Code Enf file. * Two pictures of the property *Action timeline and summary o fines now totaling $12,600 Robin-pls fax this email and the attached to Councilman O'Connor A isN WOO" Administrator City of Okeechobee (863) 763-3372 ext: 212 fax: (863) 763-1688 E-Mail: bwhitehall cityofokeechobee.com Website: httD://www.cftvofokeechobee_com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure L00'd 989LE9LE99(XV-1) IN All0 000uo00>10 V V E L ZLOZ/LL/LO Case # 11-116 N & A Construction, Inc. 406 NE 4th Street Ch 30-Sec: 30-44 General CIeaning & Beautification 09/28/2011—Mailed Courtesy Card. 1.1/03/2011—Sent Notice of Violation 11/09/2011—Notice of Violation received, signed for by Laura Mtzi. 12/15/201I—Sent Notice of Hearing 12/16/2012—Notice of Hearing received, signed for by Fabiola Segura. O1/10/2012—Code Board found property not in compliance. Since N & A Construction was a repeat violator, same infraction different property they imposed a $50.00 a day fine starting the day the Notice of Violation was received. 01/18/2012-Board Order mailed. 01/19/2012-Board Order received. 02/02/2012—Board order recorded with Clerk of the Circuit Court. 04/30/2012-Letter informing N & A Construction that on May 1, 2012 the $50.00 fine will have been running for 90 days and the City could foreclose on the property was hand delivered. Signed for by Anita Solis. P V 0 a'-J, CITY OF OKEECHOBEE CODE ENFORCEMENT Case: 911-116 Name: N & A Construction Inc. Property Location: 406 N-E 0 Street Code Board Action: imposed a fine starting 1 —1/9/11 @ $50.00 per day for code violation Ch 30 See 30-44 General Cleaning Accrual of Fine: "2011" Nov = Dec = 64201211 Jan = Feb Mar 30 sl -3ci 4- ( —10+od -7 Date of Compliance: �t 1 r, • t } f`I // i p / r g .- � .'at,.���- � �.,�, r yr" � a • _ .. � - - _ � ysy,'... r ...._ ,v. ici:H�S.��llfar.-.�i^>•iL�crx �• ^....�..'�i. x is 41 ^e fv Y Code Violation Report Date: I lLZ 12-0 / 1 Case # — Property Owner: A o %lac /? ci Z,csC Phone: Lz Location: Mailing Address: O Q 2 A- Ple 677 - {Wiz- 3 74 Lot(s): 3 Block: J1 1 Section: L i t r- C,���cr�ei3��' Parcel # Disabled Vehicles - ✓ Untended Vegetation General Cleaning Public Nuisance Other: Notice of Violation: Mailed: Received: /11' Hand Delivered: Reinspected: Status. Reinspected: Sta Notice of Hearing: Mailed: L Received:` Hand Delivered: Reinspected: Status Reinspected: Status Contacted: Owner: _ Tenant: _ Other: Contact made on: In on., _ By phone: _Photo taken on: Code Enforcement Action: 00�r Compliance Date: ✓fro -active Reactive F. m City o Okeechobee 'b Code Enforcement CODE ENFORCEMENT BOARD CASE # 11-00116 NOTICE OF VIOLATION 11/03/20.11 N & A REAL ESTATE INC. 802 NE PARK STREET OKEECHOBEE, FL 34972 RE:LOTS: 3 & 4 BLK: 119 PARCEL: #31537350010011900030 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 406 NE 4TH STREET, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning and beautification CORRECTIVE ACTION REQUIRED: PLEASE MOW OVERGROWN GRASS The corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code Enforcement Officer contracted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition a twenty-five dollar administrative fee may be charged if the violation is not corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact me at 863-357-1971. Sincerely, /deSEnforcement Ferlin Officer (863) 357-1971 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: N & A CONSTRUCTION INC. 802 NE PARK STREET OKEECHOBEE, FL 34972 A. Signature X 1 ❑ Agent I T ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service type ACertified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 2780 0002 7745 3775 (transfer from service labeo Ps Form 3811, February 2004 Domestic Retum Receipt 102595.02-M-1540 CODE ENFORCEMENT BOARD OF CASE NO. 11-00116 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- N & A REAL ESTATE INC. Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 16-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning and beautification 2. Location of Violation: 406 NE 4TH STREET, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010011900030 4. Respondent(s) name & address: N & A REAL ESTATE INC.; 802 NE PARK STREET OKEECHOBEE, FL 34972 5. Description of violation: PLEASE MOW OVERGROWN GRASS 6. Date by which violation is to be corrected: 1/0212012 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 10th day of January, 2012, at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed. DATED THIS 1-41`- day of , .LeP-jil6P '- , 2011 CODE ENFORCEMENT BOARD 55 SE 3rd Avenue Okeechobee, Florida 34974 red Sterling Code Enforcement Officer (863) 357-1971 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: N & A CONSTRUCTION INC. 802 NE PARK STREET OKEECHOBEE, FL 34972 A. Signature X J_a� ❑ Agent ❑ Addressee gy B. Received b (Print$d Name) C. Date of Delivery 1? D. Is deliveryD. Is delivery address diim Item 1? Yes Yesltem If YES, enter delivery address below: ❑ No 3. Service Type X Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. aMiele Number 7010 2780 0002 7745 7728 (transfer from service label) Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1W Okeechobee County Property Appraiser - Map Printed on 9/21/2011 8:39:29 AM Page 1 of 1 Okeechobee County Property Appraiser 0 130 260 390 ft � LN.C. "Bill" Sherman. CFA - Okeechobee. Florida - 863-763-4422 -- - -- -- - ----- tr - ._ Y PARCEL: 3-15-37-35-0010-01190-0030 -VACANT 000000) CITY OF OKEECHOBEE LOTS 3 & 4 BLOCK 119 Name: N & A CONSTRUCTION INC LandVal $9,180.00 SRI Site: 406 NE 4TH ST, OKEECHOBEE BldgVal $0.00 = _- Mail: 802 EN PARK STREET ApprVal $9,180.00 OKEECHOBEE, FL 34974 JustVai $9,180.00 Sales Assd $9,180.00 Info Exmpt $0.00"�- Taxable $9,180.00 This information, CAMA updated: 9/8/2011, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.comJGISIPrint_Map.asp?pjboiibchhjbnligcafcefocntkfdfefdbblejngbckcicnkcfa... 9/21 /2011 ti City of Okeechobee e m o � o Code enforcement b �'a April 30, 2012 N & A Construction, Inc. 802 NE Park Street Okeechobee, FL 34972 Re: Case# 11-116 406 NEV' Street (Lots: 3 & 4 Blk: 119) Dear Property Owner: This letter is in reference to the Code Enforcement Board Meeting on January 10, 2012 At that meeting the Code Board imposed a fifty dollar per day fine commencing the date you received notice of violation on November 9, 2011. The fine was imposed for failure to comply with City Ordinance Ch 30 Sec 30-44 General cleaning and will continue to accrue daily until the property is brought into compliance. Since nothing was done to bring the property into compliance a lien was recorded on February 2, 2012 with the Okeechobee County Clerks Office. As of May 1, 2012 the lien will be recorded for ninety days. According to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the parcel after ninety (90) days to collect the fine. At this time no foreclosure action has been taken. However, you should be aware at the next Code Enforcement Board Meeting scheduled for May 8, 2012 the Code Board could consider a recommendation to begin foreclosure proceedings. Please contact me at (863) 357-1971 immediatehv to discuss this matter. Sincerely, f� _F ed S ing Code Enforcement Officer (863) 357-1971 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 357-1971 - Fax: (863) 763-4499 m F m City of Okeechobee n 0 Code enforcement CASE # 11-116 N & A Construction, Inc. 802 NE Park Street _Okeechobee, FL 34972 I hereby certify receipt of Notice of Delinquent Fine hand delivered by the City of Okeechobee Code Enforcement Officer. i J Date Recipients Signature j Printed Name 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 357-1971 - Fax: (863) 763-4489 CITY OF OKEECHOBEE, MUM PETITIONER, RESPONDENT, N & A Construction Inc. / LIEN / ORDER SHAR01-4 ROSERTSONY CLERK. OF C:IRC:UIT OKEECHOBEE C:OUNM FLORIDA RECORDED U2/02/2012 i ig; 5, n 15 AM RECORDING FEES $18-50 RECORDED BY M P i non 1=`gs 1481. - 1482E Qpgs) THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on 3anuaa 10 , 20 12. After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 3 & 4 Blk: 119 Section: City of Okeechobee Parcel# 3-15-37-35-0010-01190-0030 Property location: 406 NE 4' Street, Okeechobee, FL Property owner: N & A Construction Inc. Property has been found to have overgrown vegetation. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Section 30- 44 General cleaning & beautification C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec_30-44 General cleaning & beautification concerning your property located at 406 NE 01 Street Okeechobee FL If you do not correct the violation before November 9.2011 , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 50.00---- per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to CITY OF OKEECHOBEE, Petitioner N & A Construction Inc. Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida f.� Chairperson ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterlingi_ and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this 17 day of 920 My Commission expires: ,Y.4flVh BARNES :a y COMIAISSION # oa778252 EXPIRES A of 25, 2012 P (4007) 3Gt - FlorldeNotaryServlce.com Please return to: City of Okeechobee Code Enforcement 55 SE I'd Avemw. Quick Tools Always a Click Away Track & Confirm Roll over the tools menu across the site to access quick, handy tV@[Fentered: 70102780000277454116 Status: Delivered Track & Confirm Your item was delivered at 12:46 pm on January 19, 2012 in OKEECHOBEE, FL 34972. Additional information for this item is stored in files offline. Find Locations You may request that the additional iMonnation be retrieved from the archives, and that we send you an e-mail when this retrieval is complete. Requests to retrieve additional information are generally processed Calculate a Price within four hours. This information will remain online for 30 days. I would like to receive notification on this request Look Up a ZIP Code'rm Check Again What's your label (or receipt) number? • r e version > ndow Pay. print, and ship quickly with Click-N-ShipO. https://www.usps.com/ 7/10/2012 I] 1 1 JANUARY 10, 2012 -CEB REGULAR MEETING - PAGE 3 OF 4 AGENDA BOARD ACTION - DISCUSSION - VOTE Case No.11.116 Code Officer Sterling testified property owner, N & A Construction, was previously found in violation for general cleaning in April N & A Construction, Inc. 406 NE 41 Street 2011 so he is a repeat violator. Member Conrad moved to find Case 11-116, N & A Construction, Inc., 406 NE 41' Street, in Ch 30 Sec 30-44 General cleaning & beautification violation of Ch 30 Sec 30-44 General cleaning and beautification, based on the testimony of Code Officer Sterling this is a repeat violation, imposing a fine of fifty dollars per day beginning on November9, 2011, date notice of violation was received; seconded by Member Close. VOTE GAMIOTEA - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - ABSENT SWEDA - ABSENT CONRAD - YES DENISUK - YES MOTION CARRIED. Case No. 11-118 Robert & Melody Jennings. 810 SE 8' Street Ch 30 Sec 30-43 Public nuisance Code Officer Sterling testified the property owners live in Georgia, they signed for the certified notice of violation/hearing but nothing has been done and the property is in the process of going into foreclosure. Member Close moved to find Case #11-118 Robert & Melody Jennings, 810 SE 8"' Street, in violation of Ch 30 Sec 30-43 Public nuisance and Ch 30 Sec 3044 General Ch 30 Sec 30-44 General cleaning & beautification cleaning, based on the testimony of Code Officer Sterling, imposing a fine of fifty dollars per day beginning seven days after proper notification; seconded by Member Conrad. VOTE GAMK)TEA - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - ABSENT SWEDA - ABSENT CONRAD - YES DENISUK - YES MOTION CARRIED. Case No. 11-119 Code Officer Sterling testified this property was inherited by Cody Brown several years ago who was a minor at that time. Mr. Cody Brown. 813 SE 3'd Street Sterling said the property is abandoned and he has not been able to make contact with anyone. Member Close moved to Ch 30 Sec 3043 Public nuisance find Case 11-119, Cody Brown, 813 SE 3id Street, in violation of Ch 30 Sec 30-43 Public nuisance and Sec 30-44 General Ch 30 Sec 30-44 General cleaning & beautification Cleaning & beautification, based on the testimony of Code Officer Sterling this is a repeat violation, recommending City Council consider foreclosure proceedings on this property; seconded by Member Denisuk, VOTE GAMIOTEA - YES CLOSE - YES DOUGLAS - ABSENT HUCKABEE - YES PIPPIN - ABSENT SWEDA - ABSENT CONRAD - YES DENISUK - YES MOTION CARRIED. P7 � The Updates! from the City Administrator's Desk LL SS SE 3rd Av., Okeechobee, FL 34974 {19154 ` City Council meeting OLJuIV 17, 2012 • Ordinance 1086 (2"d Rdq) on Agenda - Impact fee suspension re- evaluation - The City adopted a assessment suspension effective for one year, ending June 30, 2012. l tried to examine a few variables that you might be interested in while considering continued suspension of the fees. The spreadsheet below reflects general building permit activity (not all impact fee assessable) and a comparative of fiscal yrs ending May 31 are 2012 - 442 vs. 2011 - 465...stable w/a slight decrease in activity. The 5117112 Planning Bd recommendation was to extend the moratorium. • Ord 1087 (2"d Rdq) on the Agenda- Change wording in Code - Some housekeeping in our Code is required and the 5/17/12 Planning Bd voted to make the necessary modifications which include changing the term 'Standard Building Code' to `Florida Building Code' in several locations. • Waste management contract - Resolutions for f/y/e 2013 garbage rates are on the Agenda. Res No. 12-07 reflects the Commercial matrix and according to my calculations the increased rates vary from. 6%-9.5% all, according to Jeff Sabin, relating to the increased fuel component. The residential rate (Res No. 12-05 & 12-06) Collection component increased 1.7% to $12.61 and the Disposal portion was flat resulting in a rate of $18.72/mo/customer... a net increase of 1.4%, or $3.12 a year. Last year the City negotiated a rate freeze (in lieu of a 3.6% residential and 4.5- 5.3% commercial increase) and a 4% cap on non -fuel related fees (essentially the CPI factor), along w/ a 3-yr contract extension w/ WM. The contract now runs through 9130117. The contract uses the May CPI each year to determine the following rates. S 300.00 $246.39 S250.00 - -- --- $208.56 $213.96 $216.48$221.52S221.52 224.64 $200.00 - - ---- S150.00 S137.16$137..16513 -16_-. $100.00 $50.00 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Page 1 7117112 Activity Rpt Cont'd — • Florida Public Utilities Franchise — 1st Rdg on Ordinance No.1088 to initiate the natural gas franchise on the Agenda. Atty Cook and I met a few times and reviewed the document and FPU Gas Operations Director, Barry Kennedy, plans to attend the meeting. While I am still `negotiating' with Mr'. Kennedy at the time of this report, another initiative we are incorporating in the Agreement is FPU's requirement to seek TRC approval to answer several installation and operation issues that have come up... such as providing plans, timelines and construction concerns, in lieu of attempting to add those housekeeping measures within the Agreement. The franchise term is 30 years and includes a franchise fee of 6.5% on gross revenue (excluding Industrial Services) The City Code provides for a 10% utility tax to be assessed. • Gary Ritter, SFWMD, is on the Agenda to give an update on the lake/water conditions. • SW 21st Storm Sewer County grant funded project — At their June 28th meeting the Commissioners awarded the bid from GO Underground Utilities, Lake Placid in the amount of $483,893.00 accepting the City's contribution of a maximum of $95k to the match portion of the grant funded project. �Vet's Park helicopter— Contacted by Marty Faulkner, Sheriff's Dept, about being close to a deal for a Huey to be placed at the park. He asked if Councilman Watford could be placed on a Committee w/ Legion and County reps. I've spoken to Councilman Watford and whatever he finds will be brought back to the Council for review. • Chamber / Main St in Chamber bldg — T. Burroughs and I plan to meet this coming week to discuss particulars of Main Street having their office in the Chamber building and anticipate that after a bit more discussion among their Boards it will be brought to the City Council for consideration. • AApplebee's grant funded turn lane improvement update — July 16th 2:00pm — Receive proposals for CDBG engineering services July 16th 2:00pm — Receive proposals for the Grant Administration July 25th 11:00am — Receive proposals for rehab of 5 houses List of applicants that were part of the June 27 pre -bid (July 25th bid) walk through: Shirley Roberts, 915 NW 9th St Debra Leon, 604 NW 15th St Judy Curtis, 209 SE 8th Av Marilyn Smith, 512 SE 10th Av (demo) Maria Gomez, 1106 SW 5th St (demo) Additional houses that are under an administrative review (not on the Ibid list yet): Mary Ellen Hill, 1010 SE 5th St Harry Schrock, 1805 NW 7th Av Budget summary. $560k-housing rehab; $105k admin; $35k occupant relocations. Page 2 7117112 Activity Rpt Cont'd — • Dates to remember: July 16" 5:30pm Election forum at Osceola Middle School July 24th, 5-8pm w/ ribbon cutting at 5:15pm — Main Street function of Bella Rose Spa, 311 NE 2"d St, grand opening. August 2"d City annual benefit fair as explained below (attached info) Building Dept / General Services: • Planning Board July 191h agenda — Dr, Muhammad Nooruddin for 608 NE 2'd Av submitted for a zoning change from Commercial Professional Office (CPO) to Commercial Light (CLT) in order to accommodate a special exception allowance (also at the 7/19/12 mtg) for part of the facility to become a group home (rehabilitation and drug detox center) • McDonalds signage — Attached is a letter I sent to a representative of McDonalds explaining the City's interpretation of a front -of -lot definition as it relates to their signage. Our Code 90-572, restricts building signs to 1 sq' for each lin ft in building width that faces the front of the lot. I'm referring to this because McDonald's may appeal for a Code change that allows them to receive `credit' for a corner business that has exposure to a side street. City Attorney: • Carter -Pritchett case - The City has issued two billboard -building permits in accordance w/ the executed Settlement Agreement. Finance: • Gp Health Insurance — Public Risk Management was advised to renew the group health insurance as was explained in the prior report. • Benefit Fair — is scheduled for August 2"d 9:OOam to 4:00 pm in the Council Chambers. Attached is a notice being sent to all employees in their payroll envelopes. Besides the normal attendees , one new issue involves the City's change to a new agent for the Life/Disability coverage which will necessitate new registrations for employees... each employee given a computer password and required to execute registration info. • Health screening — Wellness Fair' where our employees would have the exposure to health screening at virtually no cost to the City. This has been met with positive feedback and we will continue to plan the event. • Budget — we continue to work on the budget and included on this agenda are the millage calendar and establishing the initial rate. You will see the following calendar as an Exhibit w/ a modification to move the hearing (and City Council meeting date to Sep 25th) 8/21 12 Budget Workshop (5pm) (Regular Council Mtg) 8/28/12 Budget Wkshop #2 (if required) 9/4/12 1 St Public Hearing (6pm) (Regular mtg) 9/25/12 Final Public Hearing (6pm) (Reg mtg) Page 3 7117112 Activity Rpt Cont'd — Fire Dept & Code Enforcement: • Foreclosure recommendation from Code Bd — On the Agenda is a request to consider a fine accrual foreclosure assessed on the property at 406 NE 4th St .... many of you are familiar w/ this property which continues to be a nuisance. Nuisance Properties - DREF grant — according to grant administrator Debbie Belcher, the County grant should get environmental approval by the end of June and a cpl of other issues awaiting approval include floodplain clearance and State historic preservation. We also discussed some administration issues of the grant. SW 11 t`' St 200 block _grant funded retention pond — County grant admin Debbie Belcher is hopeful that some CDBG grant hurdles can be rectified by July. Public Works: • Public Works Director position — We've assigned an initial rank to 13 applications by a criteria method of which I've attached a blank evaluation form so that you can see the basic approach. Clarifying the City Council's involvement, the way l see it, in the hiring process... While the Code provides that the City Council appoints the Dept Head, it's probably more productive for staff to conduct the interviews, and not just create a \ short list, but also produce a decision on the successful candidate and seek Council approval. l suspect I can reduce all the applicants to a short list for interview purposes and a Committee composed, of say, Donnie Robertson, the Mayor, Lane and I will review and interview the short list. The short list names can be supplied to the City Council, with quantified results identifying the uccessful candidate during the hiring process. • Public works activity - We've tried to repair the airboat motor without success and it appears we will have to replace the engine block... Donnie is investigating. In the meantime, our canals are becoming overgrown. We've contacted the Corp of Eng for assistance. If we don't get immediate response, we will attempt spraying from the banks. - Have contacted and met Brad Goodbread about donating trees for our blvds and waiting on an estimate (and time at his convenience) associated with any of his planting costs that might be applicable. - Backhoe — as budgeted, we've secured the state bid for a new JD backhoe and are matching options that we need - Road improvements — have repaired some radius issues and have had some difficulties getting asphalt 'hot mix' as the plant here in town is'r� trying to gear up from a new plant installation. Swale/ditch cleaning — continues in several areas Mechanic — Matt Yates was hired a few months ago as a potential replacement for Alfred and has impressed. p p Summer help — Eric Ward and Cody Rodriquez have been doing a Page 4 1 7117112 Activity Rpt Cont'd - • SR 70 & 441 intersection - Timeline- Phase 1 60 % (Jan 2012), Phase 11 (Jul 25) 90%, Phase 4 - Nov, Final 12120112, Utility clearances, development of bids and budget timing move the tentative bid letting to 1214113. • Proposed park at SE 6th A and SE 7 h Street - met w1 DPWks Robertson and Bill Blazak, Culpepper & Terpening, Engineering, on 4110112 and reviewed the project approach. It appears Mr. Blazak's firm will provide a site plan, incorporating landscaping design. We discussed grant possibilities and phasing in the park construction. Followed up wl Mr. Blazak this week and will be setting up a coordination mtg. • Sipnal at SW 5th A and S Park St - The idea of a mini -roundabout was introduced and we will review its feasibility and, if so, introduce it to the Council. • Building design - hod that the Planning Board review the sections of the Code pertaining to house construction elevation. As you are aware, all commercial construction requires a Tech Review and requires surface water retainage on the lot, however individual residential construction doesn't have that requirement. (l mention individual because in a newly platted residential subdivision there are provisions made to address the water retainage of that subdivision). Residential foundation elevation is governed by Code Sect'n 90-168 (1) to wherein it's stated...'the ground on which (the) foundation is to be placed is of an elevation no less than 12-inches above the crown of the— -- road' with the City reserving the right to increase that based on other circumstances. The foundation depth of the house is 6", essentially making the finished floor 18" above the road. The County reps specifically designate the finished floor elevation as 18" above the crown of the nearest street or to a height above the 100-year flood elevation. Eventually a dilemma occurs when a neighbor complies with the construction code without regards to retaining or providing for appropriate water drainage measures (Sect'n 78-1(a)(2) refers to avoiding adverse drainage conditions on surrounding properties). Further Sect'n 78-2 addresses residential 'infills', as the Clerk mentioned in the minutes, but that doesn't remedy this issue in as much as, to the best of my knowledge, there's never been a max height restriction, for one thing, and the Building Official is not going to issue a building permit for a residence that will put it in jeopardy of flooding. In essence, my recommendation to the Planning Board is to consider an amendment to the LDRs that would shore up a party's responsibility (as indicated in Sect'n 78-1(a)(2)) to retain or direct water away from a surrounding property and possibly contemplate a maximum height regulation for the finished floor, albeit that's a difficult proposition. I've contacted Planner Bill Brisson for input. End.... Page 5 MEMORANDUM To: All City Employees From: Brian Whitehall, Administrator India Riedel, Finance Department RE: City of Okeechobee - 2012/2013 Benefits Fair Date: July 12, 2012 The month of August 2012 will be open enrollment month for the 2012/2013 fiscal year. The City's annual benefits fair is scheduled for Thursday, August 2, 2012 from 9:00am to 4:00pm in the Council Chambers at City Hall. The City will continue to offer the same Blue Options 3748 plan for health insurance coverage for the upcoming 2012/2013 fiscal year. The current Blue Dental Choice PPO 1 and PPO 2 and NVA Vision coverage will continue to be offered as well. 2012/2013 biweekly rates for each are noted below. The City Council approved to pay 100% of the employee premium and will continue to pay $70.00 towards dependent health insurance premiums. Bi Weekly Deductions B1ueOptions 3748 NVA Vision Plan B1ueDental I Plan 1 B1ueDental Plan 2 Bi Weekly Contribution Employee Only $0.00 $2.22 $14.19 $12.12 Employee & Spouse $305.51 $4.16 Employee & Child(ren) $192.58 $3.46 Employee & Family $460.75 $6.85 $37.03 $31.09 As a benefit to full time employees, the City offers life insurance and long term disability insurance at no cost to the employee. The City has elected to utilize a different insurance agency/carrier for this coverage for the 2012/2013 fiscal year. As a result each employee's attendance at the annual benefits fair is needed so that application/registration documents can be executed. Please note this will include new beneficiary designations. This information will include the beneficiary(ies) full name, address and social security number. Please be sure to bring this information with you. This will also be the time to add or remove dependent individuals from your health, dental or vision insurance plans. Make sure you have your spouse and/or children's full legal name, date of birth and social security number with you in order to complete the enrollment/change forms as well. Representatives and information from AFLAC, Allstate, Conseco, EMC Life, Liberty National Life, Gold Coast Credit Union, ICMA retirement plan, and Pre -paid Legal will be at the Benefits Fair. As this is the City's annual open enrollment period it will be an appropriate time to add, remove or adjust other coverage that the City offers as most cannot be adjusted any other time throughout the year. With this in mind, please make sure to make time to stop by on August 2"d. Representatives will not be making presentations however each of you may discuss your existing or potential coverage with them individually. If you cannot be in attendance on August 2"d, please be sure to contact the Finance Office to schedule a time during August to review coverage's and complete the new life insurance and long term disability insurance documents. All changes being made will be effective October 1, 2012. G \Finance Commons\Annual Benefits Fair\2012-2013 Benefits Fair\2011-07-12 Benefits Fair Memo - Employees.docx tiQ m City of 'Okeechobee �O Brian Whitehall Office of the City Administrator July 6, 2012 Susanne M. Wildner CODE CHECKERS, INC. P.O. Box 3211 Jupiter/Tequesta, FL 33469-1003 Dear Susanne, I have received your e-mail to our Planner, Bill Brisson, requesting a meeting and code/precedent supporting the City's interpretation regarding the determination of the front property line for the McDonald's property located at 401 NE Park Street. Please be advised that as City Administrator and Zoning Administrator, I am forwarding this letter to explain the City's position that the 'front of the lot' definition as referred to in City Code Sec. 90-572 refers to the street upon which the property is addressed. Furthermore, absent an assigned street address, the front of the lot is considered that side fronting on the most major roadway classification. While I am normally always open to meet and discuss any interpretation of the Code, after much previous discussion this issue appears clear and without ambiguity to me. In light of the above, I feel these options are available: Appeal this administrative decision to the Board of Adjustment and Appeals under §70-371 of the City's Land Development Regulations; or, 2. File a petition for a Land Development Regulations Amendment under the provisions of Article IV, §70-331 through §70-340, requesting a change(s) to the §90-572(a)(1) of the Land Development Regulations to increase the amount of building signage allowable. Naturally, we believe your prospects for more a favorable consideration lie in requesting a change to the provisions of §90-572(a)(1) as opposed to an administrative appeal. Sincerely, Brian Admi C: Planner Bill Brisson Gen Sery Coordinator Patty Burnette 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 City of Okeechobee Applicant: Director of Public Works Criteria Appraisal Date: Page 1 of 2 Maximum Applicant Score Score All Applicants from application: Application professionality (attribute neg # if undesirable) 3 Local proximity ex. FL-2,County-9, City-11 11 Veteran* (Interview, step 2) 3 Skills/experience/abilities Previous Pub Wks management experience 6 Pub Wks Equipment operation/maintenance 6 Office skills (cpu, correspond) 6 Organizational/supervisory/management 6 Road/sidewalk/storm sewer/parks planning 6 plus Engineering applications (above) 3 Public and Board interface 5 Budgeting/Purchasing 5 Planning/zoning/develpmnt/revitalizatn/inspectn 3 other capital improvemts (hands on & planning) 2 Code compliance/emerg mngmnt 2 Co-worker compatability appearance 10 Tenure appearance 6 Education: Min criteria - BS/BA in Eng/Bus/PubAdmin BS/BA unrelated +50 BS/BA (Admin +80)(Eng+100) 10 Physical attributes: Min criteria - lift 50lbs, ability to work outside 7 total 100 Does this applicant proceeds to STEP 2? yes no Notes: City of Okeechobee Director of Public Works Criteria Appraisal Page 2 of 2 Field narrow to 5 top 'application' applicants from interview, Communication skills Interview Demeanor Perceived Interpersonal skills (Co -working, etc) Factual confirmation of application (potential deduction) total Add total of STEP 1 This applicant proceeds to STEP 3? yes no Applicants participating in STEP 3 are finalists for the position Possibly administered at interview Field test. Equipment Computer j office oriented Compatability Continued Interpersonal skills total Add STEPS 1 & 2 Applicant: Date: Maximum Score 25 25 25 25 100 100 200 Maximum Score 25 25 25 25 100 200 300 Applicant Score Notes: Applicant Score Notes: umuphwum� 12@P@N June 15, 2012 Unemployment Rates* May 2012 April 2012 I (not seasonally adjusted') Workforce Solutions 10.0 9.8 j Region Indian River County 10.4 9.9 Martin County 8.2 8.1 Okeechobee County 9.0 I 9.0 St. Lucie County 10.9 10.7 Florida 8.5 8.3 United States Lowest Unemployment Rate workforcMilli I May 2011 Unemployment Rates* May 2012 April 2012 May 2011 (seasonally adjusted) 11.9 Z_.r___- lorida 8.6 [ 8.7 10.6 nited States m8^2.. 8.1 9.0 12.4 Monthly employment and unemployment rates (not seasonally adjusted) 10.3 at the state and local levels may have sharp fluctuations due to seasonal I ------events that follow a somewhat regular pattern each year. Seasonal events 11.0 include tourism, agricultural harvests, holidays, and the opening and -- ---- closings of schools. The effects these events have on labor statistics can 12.6 be eliminated through seasonal adjustment, a statistical technique that ----.......1 smoothes the seasonal impacts and makes it easier to observe underlying 10.3 trends. 8.7 Monroe County had the state's lowest unemployment rate (4.9 percent) in May 2012, followed by Walton County (5.3 percent), Okaloosa County (5.9 percent); Franklin County (6.1 percent), and Lafayette County (6.5 percent). Many of the counties with the lowest unemployment rates are those with relatively high proportions of government employment. Highest Unemployment Rate Hendry and Flagler counties had the highest unemployment rate (11.7 percent each), followed by St. Lucie and Hernando counties (10.9 percent each); and Indian River (10.4 percent). Over-the-yearjob losses in information and leisure and hospitality; long-term losses in construction; and seasonal declines in agriculture contributed to the high unemployment Industries Gaining Most Jobs (over the year) Port St. Lucie Metropolitan Statistical Area -Government 400 Sebastian -Vero Beach Metropolitan Statistical Area -Leisure & Hospitality 200 -Manufacturing 100 -Trade, Transportation & Utilities 100 -Financial Activities 100 -Other Services 100 Industries Losing Most Jobs (over the year) Port St. Lucie Metropolitan Statistical Area -Trade, Transportation & Utilities -900 -Manufacturing -500 -Leisure & Hospitality -300 Sebastian -Vero Beach Metropolitan Statistical Area -Mining, Logging, and Construction -100 -Professional and Business Services 100 Industries with seasonal declines in employment in Florida in May 2012, included accounting and tax preparation; public and private colleges; tourism; and agriculture. Most public elementary and secondary schools were still in session in May. Unemployment rates by educational attainment,12 month average ending May 2012 for Florida (not seasonally adjusted): Less than high school diploma 16.2 High school graduates, no college 10.1 Some college or associates degree 8.2 Bachelor's degree and higher 5.0 Other interesting facts... Over the year, in Florida, three major industry sectors are in decline: • Construction lost 22,000 jobs ($41,087 avg. annual wage) due to specialty trade contractors. • Total government declined by 13,100 jobs ($47,361 avg. annual wage) due to state government. • Other services declined by 3,900 jobs ($29,609 avg. annual wage) due to repair and maintenance. Florida 2011 annual average unemployment rates from the U.S. Department of Labor, Bureau of Labor Statistics, Current Population Survey: • Unemployment rates by age are: • 16 to 19 years 28.6% • 20 to 24 years 15.5% • 25 to 54 years 9.1 % • 55 years and over 8.3% In May 2012, there were 794,000 unemployed Floridians and 243,432 advertised job openings in the state (Help Wanted OnLine), for a ratio of 3.3 job seekers to every advertised job. *Unemployment Rate The unemployment rate is determined by a sample of households surveyed on the week containing the 12th of the month. Persons are classified as unemployed if they do not have a job, have actively looked for work in the prior 4 weeks, and are currently available for work. Workers expecting to be recalled from temporary layoff are counted as unemployed. Unemployment Compensation does not factor in to the unemployment rate. The employed and the unemployed make up the labor force. The unemployment rate is calculated by dividing the number unemployed by the labor force. Learn more.... http://www.bls,gov/cps/cps htgm.htm Workforce Solutions 1584 NW University Blvd., Suite 100, Port St. Lucie, FL 34986 1772.335.3030 7117112 Activity Rpt Cont'd — • Florida Public Utilities Franchise — 1st Rdg on Ordinance No.1088 to initiate the natural gas franchise on the Agenda. Atty Cook and I met a few times and reviewed the document and FPU Gas Operations Director, Barry Kennedy, plans to attend the meeting. While I am still `negotiating' with Mr. Kennedy at the time of this report, another initiative we are incorporating in the Agreement is FPU's requirement to seek TRC approval to answer several installation and operation issues that have come up... such as providing plans, timelines and construction concerns, in lieu of attempting to add those housekeeping measures within the Agreement. The franchise term is 30 years and includes a franchise fee of 6.5% on gross revenue (excluding Industrial Services) The City Code provides for a 10% utility tax to be assessed. • Gary Ritter SFWMD, is on the Agenda to give an update on the lake/water conditions. • SW 21 st Storm Sewer County grant funded project — At their June 28th meeting the Commissioners awarded the bid from GO Underground Utilities, Lake Placid in the amount of $483,893.00 accepting the City's contribution of a maximum of $95k to the match portion of the grant funded project. Vet's Park helicopter — Contacted by Marty Faulkner, Sheriff's Dept, about being close to a deal for a Huey to be placed at the park. He asked if Councilman Watford could be placed on a Committee w/ Legion and County reps. I've spoken to Councilman Watford and whatever he finds will be brought back to the Council for review. • Chamber / Main St in Chamber bldq — T. Burroughs and I plan to meet this coming week to discuss particulars of Main Street having their office in the Chamber building and anticipate that after a bit more discussion among their Boards it will be brought to the City Council for consideration. • Applebee's grant funded turn lane improvement update — July 16 th 2:00pm — Receive proposals for CDBG engineering services July 16th 2:00pm — Receive proposals for the Grant Administration July 25th 11:00am — Receive proposals for rehab of 5 houses List of applicants that were part of the June 27 pre -bid (July 25tt' bid) walk through: Shirley Roberts, 915 NW 9tt' St Debra Leon, 604 NW 15th St Judy Curtis, 209 SE 8th Av Marilyn Smith, 512 SE 10th Av (demo) Maria Gomez, 1106 SW 5th St (demo) Additional houses that are under an administrative review (not on the Ibid list yet): Mary Ellen Hill, 1010 SE 5th St Harry Schrock, 1805 NW 71n Av Budget summary. $560k-housing rehab; $105k admin; $35k occupant relocations. Page 2 7117112 Activity Rpt Cont'd — • Florida Public Utilities Franchise — Vt Rdg on Ordinance No.1088 to initiate the natural gas franchise on the Agenda. Atty Cook and I met a few times and reviewed the document and FPU Gas Operations Director, Barry Kennedy, plans to attend the meeting. While I am still 'negotiating' with Mr: Kennedy at the time of this report, another initiative we are incorporating in the Agreement is FPU's requirement to seek TRC approval to answer several installation and operation issues that have come up ... such as providing plans, timelines and construction concerns, in lieu of attempting to add those housekeeping measures within the Agreement. The franchise term is 30 years and includes a franchise fee of 6.5% on gross revenue (excluding Industrial Services) The City Code provides for a 10% utility tax to be assessed. • Gary Ritter, SFWMD, is on the Agenda to give an update on the lake/water conditions. • SW 21st Storm Sewer County grant funded project — At their June 28th meeting the Commissioners awarded the bid from GO Underground Utilities, Lake Placid in the amount of $483,893.00 accepting the City's contribution of a maximum of $95k to the match portion of the grant funded project. Vet's Park helicopter— Contacted by Marty Faulkner, Sheriff's Dept, about being close to a deal for a Huey to be placed at the park. He asked if Councilman Watford could be placed on a Committee w/ Legion and County reps. I've spoken to Councilman Watford and whatever he finds will be brought back to the Council for review. • Chamber / Main St in Chamber bldg — T. Burroughs and I plan to meet this coming week to discuss particulars of Main Street having their office in the Chamber building and anticipate that after a bit more discussion among their Boards it will be brought to the City Council for consideration. • Applebee's grant funded turn lane improvement update — July 16t 2:00pm — Receive proposals for CDBG engineering services July 16th 2:00pm — Receive proposals for the Grant Administration July 25th 11:00am — Receive proposals for rehab of 5 houses List of applicants that were part of the June 27 pre -bid (July 25th bid) walk through: Shirley Roberts, 915 NW 91h St Debra Leon, 604 NW 151h St Judy Curtis, 209 SE 8th Av Marilyn Smith, 512 SE 10th Av (demo) Maria Gomez, 1106 SW 5th St (demo) Additional houses that are under an administrative review (not on the Ibid list yet): Mary Ellen Hill, 1010 SE 5th St Harry Schrock, 1805 NW 7th Av Budget summary. $560k-housing rehab; $105k admin; $35k occupant relocations. Page 2