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1982-01-12 Regular Meeting29Th 82 -1 82 -2 ADJOURNMENT There being no further business, Chairman Douglas adjourned the meeting at 11:10 P.M. ATTEST: onnie S. homas City Clerk City of Okeechobee ward W. Douglas Mayor /Chairman City of Okeechobee REGULAR MEETING TUESDAY, JANUARY 12, 1982 The City Council of the City of Okeechobee, Florida, convened in regular session in the City Council Chambers, City Hall, Okeechobee, Florida, on Tuesday, January 12, 1982, at 7:00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman. Others present were City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief Keith Tomey, Police Chief Larry Mobley and Deputy Clerk Mary Ann Holt. Chairman Douglas called the meeting to order. Councilman Knight offered the invocation and the Pledge of Allegiance to the Flag was given. APPROVAL OF MINUTES Councilman Watford moved to approve the minutes of the December 8, 1981, meeting as presented. Seconded by Councilman Knight. Motion carried. FIRST READING OF ORDINANCES Chairman Douglas informed the Council there were four (4) Ordinances on the agenda for first reading. On the recommendation of Chairman Douglas, Councilman Burk moved to read the four (4) Ordinances by title only. Seconded by Councilman Chapman. Motion carried. FIRST READING - ORDINANCE AMENDING THE BUDGET ORDINANCE OF THE CITY OF OKEECHOBEE Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING THE BUDGET ORDINANCE OF THE CITY OF OKEECHOBEE FOR THE PERIOD YEAR OCTOBER 1, 1981 THROUGH SEPTEMBER 30, 1982; PROVIDING FOR THE RECOGNITION OF ADDITIONAL REVENUES; PROVIDING ADDITIONAL APPROPRIATIONS AND AUTHORIZING EXPENDITURES; PROVIDING AN EFFECTIVE DATE. 2979 1 33 82 -3 82 -4 82 -5 Councilman Watford moved to set the Ordinance for Public Hearing January 26, 1982. Seconded by Councilman Chapman. Motion carried. FIRST READING - ORDINANCE AMENDING ORDINANCE 432 RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING ORDINANCE NO. 432 RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; AMENDING ARTICLE III, SECTION 10 -22(b) TO REDUCE FROM FIVE TO THREE CUBIC YARDS THE AMOUNT OF TRASH ALLOWED PER WEEKLY PICKUP; AMENDING SECTION 10 -22(c) TO MORE CLEARLY DEFINE THE PLACEMENT OF WASTE RECEPTACLES; AMENDING SECTION 10 -31 TO PROVIDE A FIFTY CENT PER MONTH INCREASE IN RESIDENTIAL COLLECTION FEES AND REDUCING FROM FIVE CUBIC YARDS TO THREE CUBIC YARDS THE QUANTITY OF TRASH FOR WEEKLY PICKUP; AMENDING SECTION 10 -32 TO PROVIDE .A NEW ONE YARD DUMPSTER FEE SCHEDULE; PROVIDING AN EFFECTIVE DATE. Councilman Knight moved to set the Ordinance for Public Hearing January 26, 1982. Seconded by Councilman Chapman. Motion carried. FIRST READING- ORDINANCE AMENDING THE MUNICIPAL CHARTER OF THE CITY OF OKEECHOBEE Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING THE MUNICIPAL CHARTER OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE V, SECTION 25, TO PROVIDE THAT THE COUNCIL MAY CREATE AND ABOLISH OFFICES; PROVIDING AN EFFECTIVE DATE. Councilman Watford moved to amend this Ordinance to add ofter "provide for the compensation of the employees so appointed" "The appointment of officers of Department Head status and above shall be provided by Ordinance." Motion died for lack of second. Mr. Andrew Rubin appeared before the Council to state his objection to this Ordinance. After discussion between Council members and Attorney Conlon, Councilman Watford renewed his motion to add the following sentence to the Ordinance "Appointment of officers of Department Head status and above shall be created by Ordinance." (after the first sentence). Seconded by Councilman Burk. Councilman Watford stated the word "appointment" should be changed to "creation" and the word "created" be changed to "done" within the added sentence to clarify the fact this applies only to any new positions. Chairman Douglas called for a vote on the motion to amend the Ordinance. Motion carried. Councilman Watford moved to set the Ordinance for Public Hearing on January 26, 1982. Seconded by Councilman Burk. Motion carried. FIRST READING - ORDINANCE AMENDING THE MUNICIPAL CHARTER OF THE CITY OF OKEECHOBEE Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING THE MUNICIPAL CHARTER OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ARTICLE VI, SECTION 28, PROVIDING FOR THE COMPENSATION OF CITY OFFICERS; REPEALING THE PROVISION PROHIBITING A CHANGE IN COMPENSATION DURING THE TERM OF OFFICE; PROVIDING AN EFFECTIVE DATE. 1 2980 82 -6 Councilman Knight moved to set the Ordinance for Public Hearing January 26, 1982. Seconded by Councilman Burk. Motion carried. CITY VS LAGROW Chairman Douglas informed the Council Mr. Jerry LaFabvre, the attorney working on the Clearwell Suit, was present to give an update. Attorney LaFabvre informed the Council he had received a cost estimate of $2,900.00 from the engineer in Jacksonville for the preparation of a cost analysis for rebuilding the clearwell. Mr. LaFabvre stated the need of a second engineer to corroborate the first engineer's report and recommended Mr. John R. Jenkins with the firm of Jenkins and Charlan, Inc., of Fort Lauderdale. After further discussion between Council members and the Attorneys, Councilman Watford moved to authorize the Attorney to contract with Svedrup for a cost estimate and with the firm of Jenkins and Charlan, Inc. for their expert testimony. Seconded by Councilman Burk. Motion carried. APPOINTMENT OF PENSION BOARD TRUSTEES Chairman Douglas informed the Council there is a necessity to appoint members for two year terms to the City Pension Boards. The following recommendations have been made: General Employees Fund: John M. Bennett and L. C. Fortner, Jr. Fire Employees Fund: Louis Keith Tomey, III and John Emmons Police Employees Fund: Dexel Brock and Phillip Purvis Councilman Chapman moved to approve these appointments to the Pension Trust Fund Boards. Seconded by Councilman Burk. Motion carried. REQUEST OF CHARLES AND BETTY STEVENSON TO UTILIZE A PORTION OF ALLEY BETWEEN SOUTHEAST 6TH AVENUE AND SOUTHEAST 5TH STREET Chairman Douglas informed the Council of a request by Charles and Betty Stevenson to utilize one half of a fifteen foot easement lying to the rear of their property and bisecting Block E between Southeast 6th Avenue and Southeast 5th Street. Council members discussed with the Attorney the legal aspects of allowing a building to be erected on City owned property. Administrator Fellows informed the Council there is a 10X10 movable shed on the property which projects about two (2) feet into the easement. Councilman Burk stated that he could not go along with allowing a building to be erected on seven and one half feet of the easement and moved that the request by Charles and Betty Stevenson be denied. Seconded by Councilman Champan. Motion carried. Mr. Marvin E. Wheeler appeared before the Council in regard to the request made by Charles and Betty Stevenson. Mr. Sheeler stated that the zoning in the area in question is Residential Mobile Homes which means one mobile home per lot. There has been a 24' X 40' mobile home set 33 82 -3 82 -7 across two lots which are too narrow. One lot is 45.32' and this cannot be done and have 10' on each side to the lot line. Two more trailers have been moved into the area. Mr. Wheeler stated one of the trailers had hooked into the Stevenson's water and sewer lines and therefore did not have to pay the $250.00 tap fees. Wheeler further stated he would like to see the matter taken care of to specifications--one trailer per lot and sewer /water lines to each trailer. Chairman Douglas informed Mr. Wheeler the matter would be looked into. Mr. Wheeler was informed by the Council his complaint regarding the zoning should be directed to the Board of Adjustments and Appeals /Planning Board and he could contact the Clerk's office to be placed on the agenda. FIVE YEAR FRANCHISE FOR GARBAGE AND TRASH PICKUP WITHIN THE MUNICIPAL LIMITS OF THE CITY OF OKEECHOBEE Chairman Douglas called for a decision of the Council relative to finalizing the terms of a new five year franchise for garbage and trash pickup within the municipal limits of the City of Okeechobee and setting of a Public Hearing for January 26, 1982. Councilman Knight moved to set the matter for Public Hearing January 26, 1982. Seconded by Councilman Chapman. Assistant Fellows informed the Council of an out of town sanitation company who had expressed an interest in submitting a sealed bid to the City. Mr. Ray Dinkle, General Manager of Nichols Sanitation in Jupiter, appeared before the Council to explain his plans if given an opportunity to present a proposal. After questioning Mr. Dinkle the consensus of the Council was to continue negotiations with L. P. Sanitation as they are a local firm and the Council would have personal contact with the owners. Councilman Knight motioned to continue dealing with L. P. Sanitation and set the matter for Public Hearing Janaury 26, 1982. Seconded by Councilman Chapman. After further brief discussion, motion carried. ELSIE LANIER -- REQUEST FOR CLOSURE AND VACATION OF CITY STREET Mrs. Elsie Lanier appeared before the Council requesting the closure and vacation of Southwest 15th Street running west from Southwest 3rd Avenue a distance of 1422 feet to a dead end. Council members discussed briefly with Mrs. Lanier the location of the property. Attorney Conlon informed the Council there would be a conflict if there were any legal questions as this street backs his property and he would have an interest in the outcome of of the request. Council members discussed the policy regarding the vacation of any City streets. The consensus of the Council was not to close any streets unless the request was found to be in the best interest of the people or the property is located in an industrial area. 82 -8 82 -9 Councilman Burk moved that the request of Elsie Lanier to close and vacate Southwest 15th Street running west from Southwest 3rd Avenue for a distance of 1452 feet to dead end be denied. Seconded by Councilman Chapman. Motion carried. Chairman Douglas asked Mrs. Lanier if she would like to make a request to the Council for a lease. Mrs. Lanier stated only when she has a proposal. TABULATION OF BIDS - -CITY OF OKEECHOBEE WORKMEN'S COMPENSATION COVERAGE Assistant Fellows presented information to Council members regarding the bid tabulation for the City of Okeechobee Workmen's Compensation insurance. Three bids were received, Murray Insurance Services, Berger Insurance Agency (both bidding on behalf of Southeastern Fire Insurance) and Risk Management Corporation for Florida League of Cities. The bid of Murray Insurance was not considered as they did not bid the $1,000,000.00 excess coverage over and above the statutory requirement of $100,000.00 of employer's liability: Guaranteed Annual Premium Dividends Losses Risk Mgt. for Florida League Southeastern Fire through Berger Ins. $23,175 $23,184 0 $15,008 $14,380 10 - 11% 12,864 11,580 20 - 22% 10,720 8,780 40 - 50% 4,288 3,180 60 - 65% 2,144 0 70% 0 0 After a brief discussion between Council members, Councilman Burk moved to award the bid to Southeastern Fire through Berger Insurance Agency. to Southeastern Fire through Berger Insurance Agency. Seconded by Councilman Chapman. Motion Carried. REPORT OF COUNCILMAN BURK RELATIVE TO PROPOSED CITY- COUNTY FIRE DEPARTMENT MERGER Chairman Douglas called for a report by Councilman Burk relative to the proposed City - County Fire Department merger. Chairman Douglas stated he would like to clarify one point, the amount of money budgeted in the 1976 -77 City budget and requested by the City of the County for the fire budget was $65,000.00. Councilman Burk thanked the Council for their confidence in the committee that was selected to begin negotiations with the County on a possible merger of the fire departments. Councilman Burk read the proposal in its entirety: This agreement entered into by and between Okeechobee County, a political subdivision of the State and the City of Okeechobee, a municipal corporation, this day of NU a jZ 1 , 1 9f . The purpose of this agreement is to provide the terms for a merger and operation of the Okeechobee County Fire and Rescue Department and the Okeechobee City Fire Department. 2983 33 The parties herein referred to above agree as follows: 1. Okeechobee County shall provide fire and rescue protection as authorized under Chapter 125.01 (d) (e) for the incorporated as well as the un- incorporated areas of Okeechobee County. 2. Okeechobee County will establish a fire advisory board which shall consist of five (5) members. Two(2) members, one to serve a period of three (3) years and one to serve a period of two (2) years shall be appointed by the Board of County Commissioners; two (2) members, one to serve a period of three (3) years and one to serve a period of two (2) years shall be appointed by the City Council of the City of Okeechobee; and one (1) member to serve for a period of one (1) year is to be chosen by mutual agrement of the other four (4) members. 3. The Board so formed shall have the authority to receive and consider applications for the position of Chief of the merged fire departments and shall appoint, subject to the approval of the Board of County Commissioners, the most qualified of the applicants, as chief. 4. The Chief shall appoint, with the consent of the Advisory Board herein established, the remainder of the employees required for the efficient operation of the merged departments and shall select those currently working in the City and the County Departments who express a wish to continue with the merged department. 5. Funding of the merged fire departments shall be provided from the existing approved operating budgets of Okeechobee City and Okeechobee County excluding approved appropriations for capital items. After approval of the bills and other expenditures by the Advisory Board herein created, the City of Okeechobee shall remit to Okeechobee County monthly up to and including September 30, 1982, the total salary and fringe benefits including, but not limited to, Social Security, Retirement, Life and Health Insurance and Workmens Compensation for those City employees who decide to accept employment with the merged departments. As to the other operating expenditures of the merged department, Okeechobee City will remit to Okeechobee County its shere of the following expenditures in the percentage that the total expenditures of the City of Okeechobee fire budget represents to the Okeechobee County Fire budget: Radio maintenance Education Telephone Gas and oil Postage Tires Utilities Uniforms General Insurance Repair and maintenance - vehicles Repair and maintenance - buildings & equipment 6. All City fire equipment and personnel gear needed for the operation of the merged department as determined by the Advisory Board, shall be leased to Okeechobee County for One dollar ($1.00) per year. The County shall exercise reasonable care in the use and maintenance of said equipment. 7. The central fire station for Okeechobee shall be stationed within the corporate limits of the City of Okeechobee. 8. This agreement shall remain in effect until September 30, 1982 and shall continue thereafter unless terminated by either party on written notice by certified mail one to the other, one hundred and twenty (120) days before the end of any county /city fiscal year. In Witness Whereof, the parties have hereunto set their hands and seals this day of � N /} (�. , 19127 Attorney Conlon brought to the attention of the Council this is a conceptial agreement. County Attorney Kyle VanLandingham appeared before the Council stating this agreement is a good first step in the sign of cooperation between the City and the County . Councilman Chapman stated he felt the proposal is a good one however, there are some areas that need work. The best time to agree on the fire fighting would have been before the 2984 82 -10 County went into the firefighting business. Chapman further stated he would like to see Fire Districts established particularly in Treasure Island and North of town. Councilman Chapman stated he does not agree entirely with the proposal, something should be done but not full control given to the County. Several members of the audience, including Andrew Rubin, Clayton Williams, Chief Tomey, Rickey Holt, Phil Roman and John Emmons, expressed their opinion on the proposal. Councilman Watford expressed his opinion on the proposal stating he felt the County created the problem when they chose to establish their own fire department. Watford stated he felt there should be a merger but would lean toward taxing district governed by a seperate Board. Councilman Watford stated he would like for the City to keep their own Fire Department and the County set up substations. Councilman Knight stated he is for trying to save the residents of Okeechobee tax money but as long as there are no substations located within the County -, the County Fire Department is not serving their purpose. Knight further stated he would favor having a seperate fire board however, he does not agree the County should have full control. County Attorney Van Landingham expressed his appreciation for the personal comments of the Council members. However, he was under the impression the Council was in a hurry to expedite the proposal. Councilman Chapman stated he would like for the County to set up taxing districts in the unincorporated areas of the County or have the matter put to a vote of the City residents in November. Councilman Watford stated he felt the City is being pushed in the matter and there is a need for the Council to discuss the issue a little more. After further discussion between the Council members the consensus of the Council was to table the issue until the County Commissioners have discussed the proposal. FINAL READING - PUBLIC HEARING ORDINANCE AUTHORIZING ISSUANCE OF A FIFTY -FIVE THOUSAND DOLLAR NOTE Chairman Douglas read the Ordinance in its entirety: AN ORDINANCE PROVIDING FOR THE ISSUANCE BY THE CITY OF OKEECHOBEE, FLORIDA, OF A CAPITAL IMPROVEMENT NOTE IN THE AMOUNT OF FIFTY FIVE THOUSAND DOLLARS ($55,000.00) TO THE OKEECHOBEE COUNTY BANK, TO ADVANCE FUNDS FOR THE PURCHASE OF ONE FIRE ENGINE FOR THE CITY OF OKEECHOBEE; CONTAINING OTHER PROVISIONS RELATING TO SUCH NOTE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OEKECHOBEE, FLORIDA: SECTION 1. AUTHORITY FOR THIS ORDINANCE. This ordinance is adopted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby found, determined and declared as follows that: A. The City of Okeechobee is in the process of acquiring and purchasing one fire engine. Such action is necessary and essential, due to the increase, expansion and growth of the City, and the financing of the purchase is an essential step in accomplishing such purpose. 2985 33 B. It is contemplated that the City will finance the purchase over a six (6) year period. It is necessary, in order to provide for the City's completion of the purchase, that Fifty Five Thousand Dollars (55,000.00) be made immediately available for such purpose. C. It is, therefore, necessary to issue a Note to the Okeechobee Bank (hereinafter sometimes called the "Bank ") in the amount of Fifty Five Thousand Dollars ($55,000.00) in order to provide funds to pay the cost of the purchase, and it is necessary to pledge all funds of the City derived from sources other than ad valorem taxation, legally available therefor. The Note herein issued shall not and does not pledge the property, credit or the ad valorem taxing power of the City. D. It is estimated that the proceeds of the funds herein pledged for payment of the Note will exceed the amounts necessary to pay the principal of and interest on the note when due. SECTION 3. ORDINANCE TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Note authorized to be issued hereunder to the Okeechobee County Bank, this Ordinance shall be deemed to be and shall constitute a contract between the City and the Bank or any subsequent holder of said Note. The covenants and agreement herein set forth to be performed by the City shall be for the equal benefit, protection and security of the holder of such Note, all of which shall be of equal rank and without preference, priority or distinction of over any othere thereof, excpet as expressly provided therein and herein. SECTION 4. AUTHORITY FOR ISSUANCE OF NOTE. For the purpose of financing the cost of said fire engine there is hereby authorized to be issued a Capital Improvement Note of the City in the aggregate principal amount of Fifty Five Thousand Dollars ($55,000.00) (herein referred to as the "Note "). The Note shall be in fully registered form, be dated as of the date of delivery, shall be payable to the Okeechobee County Bank, shall be payable in lawful money of the United States of America, shall be numbered one, shall mature in six (6) equal annual installments on the anniversary date of the date of delivery of such Note and shall bear interest from its date to final maturity payable annually on the anniversary date of the date of delivery in the years and amounts as follows: Year 1983 1984 1985 1986 1987 1988 Totals Total Principal Interest Payment $ 9,167.00 $ 4,400.00 $13,567.00 9,167.00 3,66.64 12,833.64 9,167.00 2,933.28 12,128.00 9,167.00 2,199.92 11,366.92 9,167.00 1,466.56 10,633.56 9,165.00 733.36 9,898.36 $55,000.00 $15,399.76 $70,427.48 The Note shall be issued in the amount of Fifty Five Thousand Dollars ($55,000.00), shall bear interest at the rate of Eight percent (8 %) per annum and shall be payable with respect to both principal and interest at the Bank by check or draft mailed to the Bank at its principal office in Okeechobee, Florida. The City shall have the right and privilege to redeem the Note in full at any time prior to maturity upon payment of the unpaid principal sum plus accrued interest, to the date of redemption and without penalty and without prior notice to the Bank. SECTION 5. EXECUTION OF NOTE. The Note shall be executed in the name of the City by the Mayor and attested and countersigned by the City Clerk and its corporate seal shall be affixed thereto. The Note may be signed and sealed on behalf of the City by such a person who at the actual time of the execution of such Note shall hold the public office in the City, although at the date of such Note such person may not have been so authorized. SECTION 6. NOTE MUTILATED, DESTROYED, STOLEN OR LOST. In case the Note shall be mutilated, or be destroyed, stolen or lost, the City may, in its discretion, issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note, upon surrender and cancellation of such mutilated Note, if any, or in lieu of or substitution for the Note, if any, destroyed, stolen, or lost, and upon the holder furnishing the City proof of its ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the City may prescribe and paying such expenses as the City may incur. The note so surrendered shall be cancelled by the Mayor and City Clerk. If the note shall have matured or be about to mature, instead of issuing a substitute Note, the City may pay the same, upon being indemnified as aforesaid, and if such be lost, stolen or destroyed without surrender thereof. Any such duplicate Note issued pursuant to this section shall constitute original, additional contractual obligations on the part of the City whether or not the lost, stolen or destroyed Note be at any time found by anyone, and such duplicate Note shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the same extent as the other Note issued hereunder. 2986 SECTION 7. FORM OF NOTE. The text of the Note shall be in substantially the following form anu tenor, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Ordinance or any subsequent Ordinance adopted prior to the issuance thereof: 1 $55,000.00 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF OKEECHOBEE CITY OF OKEECHOBEE CAPITAL IMPROVEMENT NOTE KNOW ALL MEN BY THESE PRESENTS, that the City of Okeechobee, Florida (here- inafter referred to as "City ") for value received, hereby promises to pay to the Okeechobee County Bank, the principal sum of Fifty Five Thousand Dollars ($55,000.00) with interest thereon from date at the rate of eight percent (8%) per annum, payable one year from the date hereof and annually thereafter. Both principal of and interest on this Note are payable in lawful money of the United States of America at the Okeechobee County Bank, by check or draft mailed to the Bank at its principal office in Okeechobee, Florida. This Note is authorized to pay the cost of purchasing one fire engine under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Chapter 166, Part II, Florida Statutes, and other applicable provisions of law, and pursuant to an Ordinance of the City of Okeechobee adopted on the \ ,.7 ?- day of n,; ii,4/.y , 1982 (hereinafter called "Ordinance "). This Note is subject to all the terms and conditions of said Ordinance. It is hereby certified and recited that all acts, conditions and things required to happen, to exist and to be performed, precedent to and in the issuance of this Note, have happened, exist, and have been performed in due time, from and in the manner as required by the Constitution and Laws of the State of Florida, applicable thereto and that the issuance of this Note does not violate any constitutional, statutory or charter limitation or provision. The principal of and interest on this Note are payable from certain funds of the City derived from sources other than ad valorem taxation in the manner provided in the Ordinance. This Note shall not and does not pledge the property, credit or general tax revenue of the City. This Note does not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision or limitation and it is expressly agreed by the holder of this Note that such holder shall never have the right to require or compel the exercise of the ad valorem taxing power of the City for the payment of the principal of and interest on this Note. It is further agreed between the City and the holder of this Note that this Note and the obligation evidenced thereby shall not constitute a lien upon the fire engine, or any part thereof, or any other property of or in the City. This Note shall mature in six (6) equal annual installments on the anniversary date of the date hereof and shall bear interest from the date hereof to final maturity payable annually on the anniversary date hereof in the years and amounts as follows: Total Year Principal Interest Payment 1983 $ 9,167.00 $ 4,400.00 $13,567.00 1984 9,167.00 3,666.64 12,833.64 1985 9,167.00 2,933.28 12,100.28 1986 9,167.00 2,199.92 11,366.92 1987 9,167.00 1,466.56 10,633.56 1988 9,165.00 733.36 9,898.36 Totals $55,000.00 $15,399.76 $70,399.76 The City shall have the right and privilege to redeem the Note in full at any time prior to maturity upon payment of the unpaid principal sum plus accrued interest, to the date of redemption and without penalty and without prior notice to the Bank. IN WITNESS WHEREOF, the City of Okeechobee has caused this Note to be signed, by its Mayor, attested and countersigned by the City Clerk and its corporate seal to be affixed hereto, all as of the vrT} -i- day of , A.D., 1982. 2987 33 _ 82 -11 82 -12 SECTION 8. PLEDGE OF NON -AD VALOREM FUNDS. The principal of and interest on the Note are i secured by and payable from a pledge of the funds of the City derived from sources other than ad valorem taxation and legally available therefor; such pledge shall not, however, constitute a lien on such funds. The Note shall not and does not pledge the property, credit, or general tax revenue of the City. No holder of the Note issued hereunder shall ever have the right to compel the exercise of the ad valorem taxing power of the City or taxation in any form of any real or personal property therein to pay such Note or the interest thereon or be entitled to payment of such principal and interest from any other funds of the City except from the special funds in the manner provided herein. SECTION 9. CITY BUDGET. The City, in preparing, approving and adopting its budget controlling or providing for the expenditures of its funds so long as any principal of or interest on the Note is outstanding and unpaid, will appropriate, allot and approve, from funds of the City derived from sources other than ad valorem taxes and legally available therefore, the amounts sufficient to pay the principal of and interest on the Note as the same shall become due, after deducting therefrom any other funds which may be available for such payments and which may be so applied. SECTION 10. NOTEHOLDER NOT AFFECTED BY USE OF NOTE PROCEEDS. The holder of the Note issued hereunder shall have no responsibility for the use of the proceeds of said Note, and the use of such Note proceeds by the City shall in no way affect the rights of such Noteholder. SECTION 11. MODIFICATION OR AMENDMENT. No material modification or amendment of this Ordinance or of any Ordinance amendatory hereof or supplemental hereto, may be made without the consent in writing of the holder of said Note. SECTION 12. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Ordinance should be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all the other provisions of this Ordinance or of the Note issued thereunder. SECTION 13. ARBITRAGE. No use will be made of the proceeds of the Note which would cause the same to be "arbitrage bonds" within the meaning of the Internal Revenue Code. The City at all times while the Note and interest thereon are outstanding will comply with the requirements of Section 103(c) of the Internal Revenue Code and any valid and applicable rules and regulations of the Internal Revenue Service. SECTION 14. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its final passage. This Ordinance passed on final reading this 12th day of January , 1982. Councilman Watford moved to amend the Ordinance to include "This Ordinance shall be automatically repealed if not exercised on or before March 1, 1982." Seconded by Councilman Burk. Motion to amend carried. After a brief discussion regarding the Ordinance, Councilman Knight moved to accept the amended Ordinance. Seconded by Councilman Burk. Motion carried. CORRESPONDENCE WITH DEPARTMENT HEADS A) CITY ATTORNEY 1) BROOME, VAN OSTRAN CONTRACT Attorney Conlon informed the Council he had received the Engineering contract from Broome, Van Ostran & Associates. The contract does not include malpractice insurance and the engineers do not want to include such a clause in the contract. Mr. Fellows is still negotiating on this item. B) CITY CLERK 1) WARRANT REGISTERS Clerk Thomas presented the January warrant registers to the Council for approval. • 2988 82 -13 82 -14 Councilman Burk moved to approve the General Fund warrant register in the amount of $30,336.6' and the Water and Sewer warrant register in the amount of $17,365.87. Seconded by Councilman Chapman. Motion carried. C) ADMINISTRATIVE ASSISTANT 1) UNITED TELEPHONE SERVICE Assistant Fellows informed the Council the United Telephone Service had filed a petition for a rate increase. A public hearing will be held on February 26, 1982, in the Civic Center. B) FLORIDA MUNICIPAL HEALTH TRUST FUND The Florida Municipal Health Trust Fund is soliciting nominations for the Board of Trustees. If any member of the Council is interested, information can be obtained from the Administrative office. C) WATER AND SEWER RATE STRUCTURE Assistant Fellows informed the Council it is anticipated the utility billing will be in the computer by March 1, 1982. In order to prevent rewriting a new program, the new rate structure should be implemented before that date. A workshop to discuss the proposed changes in the Water and Sewer rate structure will be held Monday, January 26, 1982 at 7:00 P.M. CORRESPONDENCE WITH COUNCILMEN A) DONALD BURK 1) CODE ENFORCEMENT BOARD Councilman Burk stated he felt the Council had made a good move in creating the Code Enforcement Board and recommended sending a letter of commendation to the Board. ADJOURNMENT There being no further business of the City Council, Chairman Douglas adjourned the meeting at 11:10 P.M. ATTEST: Bonnie S. Thomas City Clerk City of Okeechobee Edward W. Douglas Chairman /Mayor City of Okeechobee 1 re CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JANUARY 12, 1982 7:00 P.M. 1. Invocation Approval of the minutes of the regular City Council meeting of December 8th, 1981. Introduction and first reading of an ordinance amending the budget ordinance for the fiscal year October 1st, 1981 through September 30th, 1982; recogniz- ing additional revenues; providing for additional appropriations and expend- itures and setting of a public hearing for January the 26th. IV. Action by the Council on appointments for a two year term to the Pension Board of Trustees January 1, 1982 through December 31, 1983. John M. Bennett and L.C. Fortner, Jr. to the General Employees Fund, Keith Torrey and John Emmons to the Fire Department Fund and Dexel Brock and Phillip Purvis to the Police Department Fund. V. Request by J.M. Westbrook to utilize one half of a fifteen foot easement lying to the rear of his mobile home bisecting Block E between Southeast 6th Avenue and Southeast 5th Street. VI. First reading of an ordinance amending the Garbage and Trash Ordinance reduc- ing from five yards to three yards the amount of trash to be picked up weekly and increasing the residential collection charge by fifty cents per month and the setting of a public hearing for January the 26th. VII. Further discussions by the Council relative to finalizing the terms of a new five year franchise for garbage and trash pickup within the municipal limits of the City of Okeechobee and the setting of a public hearing for January the 26th. VIII. Elsie Lanier requesting the closure and vacation of Southwest 15th Street running west from Southwest 3rd Avenue a distance of 1421 feet to a dead end. IX. Receipt of tabulation of bids for the furnishing of workmen's compensation insurance and awarding of a contract for same for the year beginning February 2nd, 1982. X. First reading of an ordinance amending the charter of the City of Okeechobee to clarify the powers of the Council in the creation of offices, appointment of officers and the setting of compensation therefore and the setting of a public hearing for January the 26th. XI. First reading of an ordinance amending the charter of the City of Okeechobee, Florida to provide the powers of the Council in regards to the setting of compensation for officers and the setting of a public hearing for January the 26th. XII. Public hearing and final reading of an ordinance authorizing the issuance of a capital improvement note in the amount of fifty five thousand dollars for the purchase of a new fire engine; providing automatic repeal of said ordinance if not utilized on or before March 1, 1982. XIII. Mayor to call on anyone in audience wishing to address the Council. XIV. Mayor to call on City Attorney, City Clerk, Administrative Assistant, and Councilmen regarding requests and/or reports. XV. Adjournment