1975-08-05 Recessed School for Boys.
President Domer reported the Okeechobee County BiCentennial Commission
of Florida requested authorization to paint the American flag on the water tank.
After discussion, the Council agreed to allow the Bicentennial Commission to paint
the flag on the water tank contingent upon negotiations with contractors.
Preliminary works was done on 1975-76 General budget.
Upon motion the Council adjourned at 8:00 P.M.
PRESIDENT CITY COUNCIL
CITY CLERK
August 5, 1975
The City Council of The City of 0keechobee, Florida, convened in regular
session at 7:00 P.M. on the 5th day of August, 1975 at the City Hall with the
following present: Mayor Audley Dunham, President Pro-Tem E. H. Hunt and Council-
men: Edward W. Douglas and Clif Betts, Jr. Also present were: City Clerk,
Sandra Bennett, City Attorney David M. Conlon and Director of Public Works, L.C.
Fortner, Jr.
President Pro-Tem Hunt opened the meeting with prayer by Councilman
Douglas.
Minutes of the previous meetings July 8, 22 and 29, 1975 were approved
on a motion by Councilman Betts, seconded by Councilman Douglas and carried.
Vouchers on the following funds were approved:
General Fund $ 16~127.50
Water & Sewer 0per. & Maint. Fund 16,000.43
Water & Sewer Revenue F1and 34,145.66
0keechobee Water & Sewer System Fund 2,109.00
Federal Revenue Sharing Trust Fund 34,340.00
Pursuant to a notice published in The 0keechobee News regarding the
invitation to bid for furnishing and delivering to the City of Okeechobee the
following:
CITY OF 0KEECHOBEE, FLORIDA
NOTICE OF LETTING - INVITATION TO BID
Sealed Bids will be received by the City Council of the
City of 0keechobee, Florida at City Hall, until 7:00 O'Clock
P.M. August 5, 19755 ~ which time the bids duly submitted
will be opened and read for furnishing and delivering to the
City Barn various sign materials as specified below as needed
by the City during the next (12) twelve months following receipt
of bids.
1. Various sizes of Aluminum Traffic Si~n Blanks made
from .080 Aluminum Sheets
2. Various sizes of Round and Channel Galvanized Post
3. Various Sign Mounting Brackets for mounting sigu to
round and channel post
4. 1 - 55 gallon drum of Non-Caustic Chemical Stripper
for removal of Scothh~i/~eSheeting Paint and other
materials for Aluminum
1863
5- All other related Traffic Control Products
The City Council of the City of Okeechobee reserve the
right to reject any or all bids or to accept the proposal deemed
most advantageous to the City.
Russell V. Domer
President of City Council
City of Okeechobee
ATTEST: Sandra Bennett
City Clerk
Publish in Okeechobee News: July 24 and 31, 1975
Bids were received from the following companies:
McCain Sales of Florida, Inc.
The Council requested Director Fortner to tabulate the bids and report
his recommendation to the Council. Upon his return, Director Fortner recommended
3M Company be awarded the bid. Councilman Douglas moved to accept the bid from
3M Company, seconded by Councilman Betts and carried.
Pursuant to a Notice published in The Okeechobee News regarding the
invitation to bid for furnishing and delivering to The City of Okeechobee the
following:
CITY OF OKEECHOBEE, FLORIDA
NOTICE OF LETTING - INVITATION TO BID
Sealed Bids will be received by the City Council of
the City Council of the City of Okeechobee, Florida at City
Hall, until 7:00 O'Clock P.M. August 5, 19751 at which time
the bids duly submitted will be opened and read for furnishing
and delivering various sizes of sign faces made with Scotch-
lite Brand Reflective Sheeting or Scotchcal Brand Non-Reflective
Film as needed by the City of 0keechobee during the next twelve
(12) months following receipt of bids.
"WThe City Council of the City of 0keechobee reserves the
right to reject any or all bids or to accept the proposal
deemed most advantageous to the City.
Russell Domer
President of City Council
City of 0keechobee
ATTEST: Sandra Bennett
City Clerk
Publish in Okeechobee News July 24 and 31, 1975.
Bids were received from the following Companies:
3M Company - Traffic Control Products Division
The Council requested Director Fortner to tabulate the bids and report
his recon~endation to the Council. Upon his return, Director Fortner recommended
3M Company be awarded the bid. Councilman Douglas moved to accept the bid from
3M Company, seconded by Councilman Betts and carried.
Pursuant to a Notice published in The 0keechobee News regarding the
invitation to bid for furnishing and delivering to The City of Okeechobee the
following:
CITY OF OKEECHOBEE, FLORIDA
NOTICE OF LETTING - INVITATION TO BID
Sealed Bids will be received by the City Council of the City
of 0keechobee, Florida, at City Hall, until 7:00 O'Clock P.M.
August 5, 1975, at which time the bids duly submitted will
be opened and read, for furnishing and delivering various sizes
of plain galvanized coated steel culverts and aluminum culverts.
All culverts to meet A.A.S.H.0. and D.O.T. specifications and
be delivered to City Barn for the next twelve months following
receipts of bids.
The City Council of the City of Okeechobee reserves the right
to reject any or all bids or to accept the proposal deemed most
advantageous to the City.
Russell Domer
President of the City Council
City of 0keechobee
ATTEST: Sandra Bennett
City Clerk
Publish in Okeechobee News July 24 and 31, 1975.
Bids were received from the following Companies on the above bid:
Florida Culvert Mfg., Inc.
Gator Culvert Company
Palm Beach Tank & Culvert Company, Incorporated
Florida Steel Corporation
Southern Culvert
Director Fortner was requested to tabulate the bids and report his
recommendation to the Council. Upon his return, Director Fortner recommended
Southern Culvert. Counmilman Douglas moved to accept the bid from Southern
Culvert, seconded by Councilman Betts and carried.
First on the agenda were Taxi Cab owners, Phil Schoonmaker, Junior
Rogers, L. V. Dixon and their drivers. They requested information on Ordinance
number 375 regarding rates the City was setting for the Taxi Cabs. Attorney
Conlon was asked to report. He stated that a public hearing would have to be
held to determine the rates to be charged and instructed the owners to present
an expense statement for 12 months to determine how much it was costing per mile.
The Council authorized Attorney Conlon to proceed with the proceedure of the
public hearing.
Pursuant to notice of proposed Ordinance No. 376 in The 0keechobee News,
President Pro- Tem Hunt asked if there were any objections to the adoption of said
Ordinance. No objections were heard or filed. Councilman Betts moved to waive
the third and final reading and adopt Ordinance Number 375, seconded by Councilman
Douglas and carried. (Ordinance on following page)
Attorney Conlon was asked for his items of business, lie stated that
after reviewing the application filed by Eric Annett for certification of support
for Motor Carrier authority, he advised the Council against signing the certifi-
cate, due to the stipulation in the application requiring the City Council to
appear and testify on applicants' behalf in any oral hearing. After further
discussion, the Council refused to grant Mr. Annett's request.
Attorney Conlon also advised the City Council against giving their
final approval and final payment on the Water Works improvement program from
Robert E. Owen and Associates due to She bond covered by Big Four Construction
Company did not include the date of acceptance from the date of completion. No
final decision was made pending further investigation by Attorney Conlon.
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS
.AN ELECTRIC FRANCHTSE, AND TMPOSING PRO-
VISIONS AND CONDITIONS RELATING THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF OKEECHOBEE, FLORIDA:
Section 1. That th~e ~s hereby eranted to Florida Power &
Light Company (herein called the "Grantee"), its successors and
assigns, the non-exclusive right, privilege or franchise to con-
struct, maintain and operate in, under, upon, over and across the
present and future streets, all~ys, bridges, easements and oth~r
public places of the City of 0keechobee, Florida, (herein called
,the "Grantor") and its successors, in accordance with established
practice with respect to electrical construction and maintenance,
for the period of thirty y~ars from the date of acceptance hereof,
electric light and power' facilities (incl~ding conduits, poles,
wires and transmission lines, and, for its own use, telephone and
telegraph lin~s) for the purpose of supplying electricity to
Grantor, and its successors, and inhabitants thereof, and persons
and corporations beyond the limits thereof.
Section 2. As a condition precedent to th~ taking effect of
this grant, Grantee shall have filed its acceptance hereof with the
Grantor's clerk within thirty (~0) days hereof.
Section .~.~ That the facilities shall be so located or relo-
cated and so erected as to interfere as little as possible with
traffic over said streets, alleys, bridges and public places, and
with reasonable e~ress from and in~ress to abuttin~ property. The
location or relocation of all facilities shall b~.~ made under
supervision and with the approval of such representatives as the
~over~ing body of Grantor may desi~nat~ for the purpose, but not
so as unreasonably to interfere with the proper operation of
Grantee's facilities and service. That when any portion of a
street is excavated by Grantee in the location or relocation of
any of its facilities, the portion of the street so excavated
shall, within a reasonable time and as early as practicable af~o~
such excavation, be replaced by the Grantee at its expense and in
as food condition as it was at the time of such excavation.
Section 4. That Grantor shall in no way be liable or respon-
sible for any accident or damage that may occur in the construction,
operat:~on or maintenance by Grantee of its facilities hereunder,
and the acceptance of this ordinance shall be deemed an agreement
on the part of the Grantee, to inde,nnify Grantor and hold it harmless
against any arid all liability, loss, cost, damage or expense, which
may accrue to Grantor by reason of the neglect, default, or mis-'
conduct of Grantee in the construction, operation or maintenance
of its facilities hereunder.
~qt_i95.~_t That all. rates and rules and regulations estab-
lished by Grantee from time to time shall at all times be reason-
able and Grantee's rates for electricity shall at all times be
subject to such re~ilation as may be provided by law.
Section 6. That no later than sixty days after the first
anniversary date of this gr~nt and no later than sixty days after
each succeedin~ anniversary date of this ~rant, the Grantee, its
successors and assigns, shall have paid to the Grantor and its
successors an amount which added to the amount of all taxes as
assessed, levied, or imposed (without regard to any discount for
early payment or any interest or penalty for ]ate payment),
licenses, and other impositions levied or imposed by the Grantor
upon the Grantee's electric property, business, or operations,
and those of Grantee's electric subsidiaries for the preceding
tax year, will equal 6~ of Grantee's revenues from the sale of
electrical energy to residential and commercial customers within
the corporate limits of the rantor for the twelve fiscal months
preceding the applicable anniversary date.
Section 7. Payment of the amount to be paid to Grantor by
Grantee under the terms of Section 6 hereof shall be made in
advance by estimated monthly installments commencing ninety days
- 2 -
I ]
after the effective date of this grant. Each estimated monthly
installment shall be calculated on the basis of ninety percent
(90~) of Grantee's revenues (as defined in Section 6) for the
monthly billing period ending sixty days prior to each scheduled
monthly payment. The final installment for each fiscal year of
this grant shall be adjusted to reflect any underpayment or over-
payment resulting from estimated monthly installments made for
said fiscal year.
Section 8. As a further consideration of this franchise,
said Grantor agrees not to engage in the business of distributing
and selling electricity during the life of this franchise or any
extension theroF in competition with the Grantee, its successors
and asigns.
Section ~ That failure on the part of Grantee to comply in
any substantial respect with any of the provisions of this ordi-
nance, shall be grounds for a forfeiture pf this grant, but no
such forfeiture shaT1 take effect if the reasonableness or pro-
priety thereof is protested by Grantee until a court of competent
jurisdiction (with right of appeal in either party) shall have
found that Grantee has failed to comply' in a substantial respect
with any of the provisions of this Franchise, and the Grantee
shall have six (6) months after tile final determination of the
question, to make good the default before a forfeiture shall
result with the right in Grantor at its discretion to grant such
additional time to Grantee for compliance as necessities in the
case require.
Section 10. This ordinance shall take effect on the date upon
which Grantee files its acceptance.
Section 11. That all ordinances and parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 12. This ordinance was proposed, considered, and
adopted under the provisions of Section 166.04] (3) (b) Florida
Statutes, and was enacted by no less than a two-third vote of
the City Council.
-7'I
PASSED AND ADOPTED this .... 5_.~.!! day of A~jf~ust , 1975,
Attest:
Ti tie: President C.i_~t~__~0_u_ngi_!.
City Clerk
APPROVED BY ME this _~__ day of 3~guP>__, 1975.
Mayor /
City of Ok'eech°bee, Florida
- 4 -
~.~0TICE OF PROPOSED ORDINANCE
Notice is hereby given that the Ordinance described below
by title only will be placed on third and final reading at the
Regular Meeting of the City Council of the City of 0kee~hobee,
Florida, to be held on ~.~ugust ~, 197~, at 7:30 P.M., at the City
Hall, or as soon thereafter as such Ordinance may be read and
considered for passage:
A~ ORDIN~NCi~ ~"~RANTING TO FLORIDA PO~ER ~.% LIGHT COMPANY,
~S SUCCESZORS AND ASSIGNS AN ELECTRIC FRANCHISE, AND
IMP0$!NG PR~)T!~f~IONS /~ND CONDITIONS RELATING THERET0.
Said Ordinance may be inspected in the Office of the City
Clerk at the City Hall., City of Okeechobee, Florida. Inter-
ested parties may appear at said meeting and be heard with re-
spect to the enactment of said Ordinance,.
BY ORDER oF THE CITY COUNCIL
CITY CLERK
PL~LiSH IN THE 0KEi~CHOBEE NEWS: July 17, 24, 197~
CERTIFICATE
In connection with Ordinance No. 376, .being AN ORDINANCE
GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELAT-
ING THERETO, I hereby certify as follows:
a. The City Council met on August 5, 1975, to read and
act on franchise to Florida Power & Light Company. Those present.
were: Mayor Audley Dunham, President Pro-Tempore, E. H. Hunt,
Councilmen: Edward W. Douglas and Clif Betts, Jr. Also present
were City Clerk, Sandra Bennett.
b. The Ordinance was adopted on first reading at a
meeting of the Council of the City of Okeechobee, Florida, on
June 24, 1975. Adopted on second reading after hearing on
July 8, 1975. On July 17, 1975, notice of'proposed enactment
of Ordinance No. 376 was published in a newspaper of general
circulation in the City of 0keechobee and the Ordinance No. 376
as proposed and adopted was maintained for inspection by the
public at the City Hall of the City of Okeechobee.
c. Ordinance No. 376 was adopted on third reading and
final passage on August 5, 1975 and was signed by the Council
President and City Clerk of the City of Okeechobee and recorded
in a book kept for that purpose, and the respective votes of
each member of the City Council present were recorded in the
record of the meeting.
This the 5th day of August, 1975.
City Clerk
1S67
A.~torney Conlon gave~a brief report on h~s r~search r~g~ding
abandoned~ junked and discarded automobiles. He stated that it would involve
lengthy procedures-to enforce the provisions of Florida Statutes. After
considerable discussion, The Council agreed on the need to research the matter
further and requested Mayor Dunham to investigate ordinances other cities have
adopted regarding this matter.
Mayor Dunham informed the Council that there had been several cases
recently requiring witness fees and as the City did not haYe an ordinance
covering this, he requested the concensus of the Council on how to handle the
payments. Attorney Conlon was asked to report. He stated that the provisions
of Florida Statutes specify a check in the amount per diem should be presented
to the party when the subpoena is presented.
The Fire report for the month of July and the annual fire report was
presented to the Council.
The Police Department activity report for the month of July was
presented.
Director Fortner presented the Water, Sewer and Street Department
report for the month of July.
He reported that classes on Water and Sewer operators were starting
at Indian River Community Collage in Fort Pierce, September 14th through December
19, 1975 on Monday and Wednesday nights from 7:00 P.M. to 10:30 P.M. and requested
authorization for seven of the water and sewer employees to attend. Director
Fortner stated the cost would be $5.00 per person plus bDOks, supplies and
millage. Councilman Douglas remarked that he felt the City should adopt an
agreement wherein each employee desiring to attend classes to f]/rtheF ones
education would sign an agreement to reimburse the City for all expenses paid
if the employee left the employment of the City within two years. The Council
approved of Councilman D~uglas's suggestion. Councilman Douglas moved to
authorize payment of entrance fee, books, supplies and millage at .10¢ per mile
for City Water ~ Sewer Employees to attend classes at IRCC provided they sign
said agreement, seconded by Councilman Betts and carried.
A rezoning application was received from Mrs. Virginia Berger re-
questing the E½ of SE¼ of SW~ of NEt of Section 28, Township 37S, Range
Five acres, Original Town of 0keechobee be rezoned from Agricultural to
Residential (R-D) and Lots 4 through 11, Block 40, Woodland Park Subdivision,
0r~ginal Town of 0keechobee be rezoned from Residential (R-l) to Residential
(R-D). Councilman Betts moved to authorize the notice of public hearin~ to be
advertized~ seconded by Councilman Douglas and carried.
NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE #271
NOTICE is hereby given that the City Council of the City of 0keechobee,
Florida~ a municipal corporation, will consider rezoning from A~ricultural to
Residential (R-D) and to amend accordingly the Comprehensive Zoning Ordinance
#271 adopted November 21~ 1955, the following described real property, situate,
lying and being within the corporate limits of the City of 0keechobee, Florida~
to wit:
E½ of SE~ of SW~ of NE~ of Section 28, Township 37S, Range 35E
Five Acres, Original Town of 0keechobee
and that a public hearing relation thereto will be held at 7:00 P.M. on the 9th
day of September, 1975, in the City Council room, City Hall, 0keechobee, Florida,
at which time all parties in interest and citizens shall have an opportunity to
be heard.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
Russell V. Domer
RUSSELL V. DOMER
PRESIDENT CITY COUNCIL
0KEECHOBEE, FLORIDA
ATTEST: SANDRA BENNETT
CITY CLERK
0KEECHOBEE, FLORIDA
PUBLISH IN TH~ 0KEECHOBEE NEWS: AUGUST 14, 1975
NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE #271
NOTICE is hereby given that the City Council of the City of 0keechobee,
Florida, a municipal corporation, will consider rezoning from Residential (R-l)
to Residential (R-5) and to amend accordingly the compreshensive Zoning Ordinance
#271 adopted November 21, 1955, the following described real property~ situate,
lying and being within the corporate limits of the City of 0keechobee, Florida,
to-wit:
Lots 4, 5, 6~ 7~ 8, 9, 10 and 11~ Block 40~ Woodland Park
Subdivision, Original Town of 0keechobee
and that a public hearing in relation thereto will be held at 7:00 P.M. on the
9th day of September, 1975, in the City Council room, 0keechobee, Florida, at
which time all parties in interest and citizens shall have an opportunity to be
heard.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
RUSSELL V. DOM_ER
RUSSELL V. DOMER
PRESIDENT CITY COUNCIL
0KEECHOBEE, FLORIDA
ATTEST: SANDRA BENNETT
CITY CLERK
0KEECHOBEE~ FLORIDA
PUBLISH IN THE 0KEECHOBEE NEWS: AUGUST 14, 1975.
The Clerk was asked for her items of business. She presented a letter
from The 0keechobee County Chamber of Commerce acknowledging receipt of a check
in the amount of ~1,000.00 from the City and expressing their thanks and
appreciation. --~
Councilman Douglas reported that Mr. Vern Huffman had contacted him
requesting the City furnish electricity at S. E. 8th Street if he donated the
pole and light and installation. After discussion, the Council agreed it would
be more feasible to add his request to the City's street light request to be
installed at a later date.
Minutes of the minutes held July 8, 22 and 29, 1975 were read and upon
motion by Councilman Betts, Seconded by Councilman Douglas and unanimously
carried, the minutes were approved as read.
The Council recessed at 8:30 P.M. to meet Thursday, August 7~ 1975
at 6:30 P.M.
ATTEST: ~-~-~--~
CITY CLERK PRESIDENT CITY COUNCIL