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Zayti v. City,... \,..., �... l..-, ORM 218-3 Avatlabie from ives lrc_. Groton, Mass. 0101 ilrnpasttl Page No. 1 of 1 J.J. ZAYTI TRUCKING INC. Asphalt Division 509 NW 9th St. OKEECHOBEE, FL. 33473 -0728 (813) 467 -2481 EMERGENCY CONTRACT Pages PROPOSAL SUBMITTED TO City of Okeechobee PHONE 813- 763 -7054 DATE STREET 55 SE. 2nd Ave JOB NAME CITY, STATE and ZIP CODE Okeechobee, Florida 33472 JOB LOCATION S.E. 8th Drive and 3 rd Street ARCHITECT DATE OF PLANS JOB PHONE / rrnpuSF hereby to furnish material and labor — complete in accordance Upon Completion of Job with specifications below, for the sum of: Payment to be made as follows: dollars ($ 28, 231.00 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices, Any alteration or deviation from specifications be- low Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, acci- dents or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorize Signaff ggee �ii NjoteThi8 proposal rmiay General Manager withdrawn by us if not accepted within days. We hereby submit specifications and estimates for: Paving and Overlay for SE 8th and SE 3rd S.E. 8th 4500 sq. yds. 11" Asphalt Paving @ $ 3.25__ per _sq. yd. 1067 sq. yds. 1" Overlay Paving @ $ 3.00 per sq. yd. 270 yards Shell @ $ 4.50 per yard Preperation Loader 1 Day $ 400.00 Grader 3 Days 1,500.00 Roller 2 Days 500.00 Back Hoe 2 Days 600.00 Truck 350.00 $ 3,350.00 Take Out 200 Cubic Yards S.E. 3rd Street 1160 sq. yds. 11tt Asphalt Paving @ $ 3.25 per s Extra Work on S.E. 8th and 3rd 1454 sq. yds. Culdesacs and Roads 11/2" Asphalt Paving @ $ 5.00 per sq. Patching on Culdesacs ya- # Le ss Amount Deducted from Taddie by Broome Arrrptattr? Uf FruVLtlial - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance. • ya. $ 14,625.00 3,201.00 1,215.00 19,041.00 $ 3,770.00 7,270.00 = 1,300.00 6,500.00 TOTAL DUE $28,231.00 Signature 0851 218.3 Available from (?y L Inc. Groton, maaa. 01111 j STEPHEN M. BULL JAMES C. MIZE JR. GUY S. HAGGARD BULL AND MIZE ATTORNEYS AT LAW SUITE 1200 111 NORTH ORANGE AVENUE ORLANDO. FLORIDA 32801 TELEPHONE (407) 843 -5291 TELECOPIER (407) 843 -4920 February 6, 1989 Mr. John Richardson 1615 Forum Place Suite 4D Barrister's Building West Palm Beach, FL 33401 RE: JJ Zayti Paving, Inc. v. City of Okeechobee B &M File No: 157 -002 Dear Mr. Richardson: STEVEN R. SCHOOLEY MICHAEL K. WILSON W. MATTHEW DITZHAZV HENRY M. BROWN M. KATHERINE GAERTNER CHARLES J. GREATHOUSE MITCHELL E. ALBAUGH DEBRA A. WRAV It was a pleasure to meet with you on February 3, 1989 concerning the disposition of this case. I am glad to know that you have obtained a settlement with the other defendants in this action. I trust that it was a satisfactory agreement for all those involved. Although the action pending against all defendants was dismissed on February 3, it is my understanding that you may bring another lawsuit against the City of Okeechobee. If that is correct, I strongly recommend that you consider the implications of Florida Statute Section 255.05. Pursuant to that Statute, your client's cause of action is limited exclusively to the contractor and surety. "Such action shall not involve the public authority ... ". Please inform your client that if he intends to pursue a lawsuit against the City, then the City will take all steps necessary to recover its attorneys' fees and costs from him. Due to the existence of the payment bond on this project, it is apparent that your client's claims against the City are groundless. SRS : cs cc. Mr. John Drago e2, Very truly yours, 0-J-15"-y Steven R. 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Landon C. Fortner, .lr Administrative Assistant Utility Director ri13,'763-4116 or 7054 CITY HALL 55 S. E. THIRD AVENUE OKEECHOBEE, FLORIDA 33474 Oakland R. Chapman Mayor MEMORANDUM To: Milton Davis From: Steve Figley Subject: Complaint Against Zayti Ronnie Thomas City Clerk 613.763 -3372 or 3667 I paid a visit to the residence of Mr. Vince Lincourt of 220 S.E. 8th. Ave. After addressing those complaints within the boundaries of my responsibility, I agreed to communicate to you his complaint that the vibratory roller used on S.E. 3rd. Street had cracked the interior walls of his house. Mr. Lincourt advises that if the roller returns, he will take legal action. Please contact me if you need further explanation of his concerns. Thank you. Home of The Second Largest Fresh Water Lake in the United States ■ 1– w LU cc '4. o <",.; o u, cc wuJ- ow 1— (4x0^ co "- co • CO Z 0 OM, ZI-WW (nu .1_, 80 t1J FILE NUMBER: w cf1 el' /r•Vt:---e.: 1/4/ n17,24- ei /1, (2 0 - OF 12 I-7 )0 Li fr---e.)/7/2 /Jo 6-A-il/ / , --r7 F- -) go LI --(j 3v 7,47-71/ 17-1 2:7 -,76 / i) le 2 / 1.4-i,7 ) / ; L ; fi/;? 5- 1 --A/ 1 i 0 jz /7 11- /) .." /2 ir -"=---- --- / 6') /.•/' 0,F-- "/./.77E -1-2C- c-) t 2- -1 3t/ 5)2: ,../ A4-- / H 2---- /7 1 \ -/ „,) 11 1 1-2 ,/ / L i c v '/ , .1 QS) 7 V MV Sy 3 / ,Z5 -716 cZ 19 ,yi i(}? o 6 192E/4 5.4.-7 4)6' /PC, 2/V --hs/ U ‘2/ 0 14/i /-2-/W61 zti-7 =2) 66,779e, JOHN D. CASSELS, JR LAURA ANN McCALL LAW OFFICES JOHN D. CASSELS, JR 400 NORTHWEST SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE, FLORIDA 33472 • TELEPHONE 813 • 763 • 3131 April 24, 1986 Milton Davis Administrative Assistant City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 33474 Re: City of Okeechobee /J.J. Zayti Trucking, Inc. Dear Mr. Davis: Pursuant to our recent telephone conversations, enclosed please find a Final Contractor's Affidavit which is the under oath statement by the General Manager of Zayti Trucking that the claim of Jessie M. Joiner is the only unpaid lien outstanding. Based upon this Affidavit, I do not foresee any complications with the City releasing the difference between the $7,400.00 contested amount and the total amount of the final draw which the City has previously determined to be a proper request. Should the City Council concur, I would suggest cutting the check to Zayti as soon as possible to avoid the possibility of being embroiled in any further claims that may be "lurking" in the wings. As an aside, permit me to remind you that any construction project or public works which exceed $100,000.00 must be bonded and there have been occasions where a public official has been held liable for the failure to obtain such a bond. Although a bond is discretionary under $100,000.00, it would be wise for the City to adopt a firm policy as to when a bond is required if they have not already done so. I will keep you posted as this matter develops. With kindest rega -, I am Sincerely, JOH D. CASSELS, JDC /kb Enclosure FINAL AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, personally appeared THOMAS PRUETT, who after being by me first duly sworn, deposes and says of his personal knowledge as follows: 1. He is the General Manager and authorized agent of J.J. ZAYTI TRUCKING, INC., which does business in the State of Florida, hereinafter called the "Contractor." 2. Contractor, pursuant to an oral contract, entered into the second week of February, 1986, with the City of Okeechobee, hereinafter referred to as the "City ", has furnished or caused to be furnished labor, material and services for the construction of certain improvements, resurfacing for Southeast 8th Drive and Southeast 3rd Street and additional work on 3rd Street Extension. 3. This Affidavit is executed by the Contractor in accordance with Section 713.06(3)(d) of the Florida Statutes for the purpose of obtaining a final payment from the City in the amount of TWENTY THOUSAND FOUR HUNDRED AND ELEVEN DOLLARS, less $7,400.00 held by the City due to notice received by Jessie M. Joiner. 4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors. NAME OF LIENOR AMOUNT DUE 1. JESSIE M. JOINER contested but does not Quality Paving of Fort Myers, Inc. exceed $7,400.00 Post Office Box 6276 Fort Myers, Florida 33901 2. N I, $ 3. aN /ri $ T4 Signed, sealed and delivered this 2L/1 day of April, 1986. J. J. ZAYTI TRUCKING, INC. BY: -1-2-77-7n c`f L� J THOMAS PRUETT General Manager, J.J. Zayti Trucking, Inc. SUBSCRIBED and SWORN to before me this ! --\ day of April, 1986. NOT Y PUBLIC My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA HY COARIS.-ON EXP. APR 19,1988 BONDED THRU GENERAL INS. UND. CITY COUNCIL Oakland R. Chapman, Mayor COUNCIL MEMBERS Nick Collins Dr. Edward Douglas Oscar Thomas Andy Rubin CITY ADMINISTRATION Milton H. Davis Administrative Assistant 813- 763 -4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon C. Fortner, Jr. Dir. of Public Utilities 813-763-7054 Larry Mobley Chief of Police 813- 763 -5521 L. Keith Tomey, II Fire Chief 813- 763 -4423 Charles "Chuck" Elders Dir. of Public Works 813-763-3926 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33474 -2932 Home of The Second Largest Fresh Water Lake in the United States April 17, 1986 Mr. Jim Zayti J. J. Zayti Trucking, Inc. Post Office Box 728 Okeechobee, Florida 33473 RE: PAVING PROJECT S.E. Eighth Drive /S.E. Third Street Dear Mr. Zayti: The City of Okeechobee has been put on notice that Jesse M. Joiner has a claim for amounts due, from your company, for equipment provided and /or services rendered on the above referenced project. As a result, the City will require a release of lien from Mr. Joiner prior to payment of any amounts due your company. Further, the affidavit dated April 16, 1986, and presented to the City's Department of Utilities, states that "Subcontractors" have received full payment, but no such certification was sub- mitted regarding those providing labor and services or equip- ment. This will be required before final payment will be made. If you have any questions or need additional information, feel free to contact me. Sincerely, CITY OF OKEECHOBEE ,27A Milton H. Davis 'Administrative Assistant sf xc: City Council 1,e co cr 1✓ U' V `ai L am. 'J .✓ ✓ DRM 21 8-3 Available from (NaWilne., Groton, 1Msa. 01471 tirnpnsal Page No. 1 of 1 Pages J.J. ZAYTI TRUCKING INC. Asphalt Division 509 NW 9th St. OKEECHOBEE, FL. 33473 -0728 (813) 467.2481 EMERGENCY CONTRACT PROPOSAL SUBMITTED TO City of Okeechobee PHONE 813 - 763 -7054 DATE STREET 55 SE. 2nd Ave JOB NAME CITY. STATE and ZIP CODE Okeechobee, Florida 33472 JOB LOCATION S.E. 8th Drive and 3 rd Street ARCHITECT >Er Frnpnse DATE OF PLANS JOB PHONE hereby to furnish material and labor — complete In accordance with specifications below, for the sum of: Upon Completion of Job Payment to be made as follows: dollars ($ 28, 231.00 All material Is guaranteed to be as specified. All work to be completed In a workmanlike manner according to standard practices. Any alteration or deviation from specifications be- low Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, acci- dents or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance Our workers are fully covered by Workmen's Compensation Insurance. Authorize / _ '�� Signs a �fe ii 'Notes is Oda.? 4a General Manager withdrawn by us if not accepted within days. We hereby submit specifications and estimates for: Paving and Overlay for SE 8th and SE 3rd S.E. 8th 4500 sq. yds. 11" Asphalt Paving $ 3.25 per sq. yd. 1067 sq. yds. 1" Overlay Paving @ $ 3.00 per sq. yd. 270 yards Shell @ $ 4.50 per yard Preperation Loader 1 Day $ 400.00 Grader 3 Days 1,500.00 Roller 2 Days 500.00 Back Hoe 2 Days 600.00 Truck 350.00 $ 3,350.00 Take Out 200 Cubic Yards _ $ 14,625.00 = 3,201.00 = 1,215.00 $ 19,041.00 S.E. 3rd Street 1160 sq. yds. 11" Asphalt Paving @ $ 3.25 per sq. yd. ax $ 3,770.00 Extra Work on S.E. 8th and 3rd 1454 sq. yds. Culdesacs and Roads 11" Asphalt Paving @ $ 5.00 per sq. yd. = 7,270.00 Patching on Culdesacs = 1,300.00 Le ss Amount Deducted from Taddie by Broome ,�# rrrptanrr of proposal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. 6,500.00 Signature TOTAL DUE $28,231.00 Date of Acceptance: Signature April 15, 1986 Notice is hereby given to the City of Okeechobee That J.J. Zayti Trucking owes Jessie M. Joiner $7,400.00 for work done on 3rd Street and 8th Drive, two cul -de -sac and extention of 3rd street. . Jessie M. Joiner ( :! APR 1 7 19 General Practice Trial Practice Criminal Law Jerald Bryant Attorney At Law April 17, 1986 Milton Davis, Administrative Asst. City of Okeechobee City Hall 55 S.E. 3rd Avenue Okeechobee, Florida 33472 RE: J J. Zayti Trucking, Inc. Dear Milton: 208 N.E. 3rd Avenue Post Office Box 816 Okeechobee, Florida 33472 Telephone 813- 467 -1776 Because I represent a local contractor who has a pending lawsuit against Zayti and who desires that I take action to attach any assets belonging to Zayti, including the funds owed to them by the City, it would be inappropriate for me to advise the City further in regards to the matter. Such would appear to be improper, although the interests of the City and the interests of my other client are not necessarily in conflict. I suggest that the City consult with another attorney, perhaps Tom Conely or Lester Jennings, for advice on what to require of Zayti before payment is made. Due to the notice of claim by Mr. Joiner, the City should proceed cautiously before making payment. Very truly yours, JERALD D. BRYANT JDB :sb cc: Chuck Elders, Div. of Public Works y(.5 5 .i. ZAYTI TRUCKING, INC. Asphalt Division p. 0 E,ox ; ?8 OKEECFIOBEE, FL 33473 -0728 (813) 46:' -2481 7500 March 31, 1986 City of Okeechobee 55 SE 2nd Ave. Okeechobee, Florida 33472 [ITI:\Y"@)_ /86 -0044 86 -105 RE: Work done on City Streets at S.E. 8th and S.E. 3rd. S.E. 8th Drive and S.E. 3rd Street $ 19,661.00 Extra work on S.E. 8th and 3rd Street 8,750.00 Additional. i :xtra Work on 3rd Street Extension 7,865,00 TOTAL INVOICE $ 36,- 276.00 REMIT TO: P.O. BOX 728 ')KEECHOBEE, FLORIDA 33473 -0728 TERMS: DUE UPON RECEIPT OF INVOICE 71 1)1 i ,Cl J.J. ZAYTI TRUCKING INC. ASPHALT DIVISION 420 N.W. 3RD STREET P.O. BOX 728 OKEECHOBEE, FL 33473 813- 467 -2481 DISBURSEMENT OF FULL PAYMENTS TO SUBCONTRACTORS DATE April 16, 1986 PROJECT: City of Okeechobee S.E. 8th Drive and S.E. 3rd Street TO APPLY FOR FINAL PAYMENT April 16, 1986 J.J. Zayti Trucking Inc. , prime contractor for the above referenced contract, hereby certifies that all subcontractors having interest in this contract have received full payment for all previous periodic payments made by the Department for all work completed and materials furnished. The term "subcontractor" as used herein shall also include persons or firms furnishing materials, incorporated into the work or stockpiled in the vicinity of the project for which full payment has been made by the Department. SWORN TO and subscribed to before me this I1 day o TRANSPORTING i \ Not y Public State of 4, x, at large My Commission expire3OTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. APR 19,1988 RU GENERAL INS. UND. .- , Jame J.J. z SINCE 1947 Walk Zayti re'. .e t ti Tru ng nc. MATERIALS J J.J. ZAYTI TRUCKING, INC. p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 - 1,1,o0 Ots='i =Co. - March 25, 1986 City of Okeechobee 55 SE 2nd St. Okeechobee, Florida 33472 Extra Work on S.E. 8th and 3rd. 1,454 Sq. Yds. Culdesacs and Roads 12" Asphalt Paving @ $ 5.00 per sq. yd. Patching on Culdesacs TOTAL EXTRA WORK $ 8,570.00 Total from Previous Est. $ 19,661.00 AN O TING Z SINCE 1347 J.J. ZAYTI TRUCKING, INC. February 4, 1986 p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 City of Okeechobee 55 S.E. 2nd St. Okeechobee, Florida 33472 Paving and overlay for SE 8th and SE 3rd S.E. 8th 4500 sq. yds. 12" Asphalt Paving @ $ 3.25 per sq. yd. _ $ 14,625.00 1067 sq. yds. 1 " Overlay Paving @ $ 3.00 per sq. yd. = 3,201.00 270 yards Shell @ $ 4.50 per yard = 1,215.00 PREPERATION Loader 1 Day $ 400.00 Grader 3 Days 1,500.00 Roller 2 Days 500.00 Back Hoe 2 Days 600.00 Truck 350.00 $ 3,350.00 Take Out 200 cubic yards. S.E. 3rd Street $ 19,041.00 1160 sq. yds. 11/2" Asphalt Paving @ $ 3.25 per sq. yd. _ $ 3,770.00 TOTAL PAVING, OVERLAY, AND PREPERATION Less Amount Deducted from Taddie by Broome TRANSPORTING Z SINCE 1947 MATERIALS $ 3,770.00 26,161.00 6,500.00 $ 19,661.00 J.J. ZAYTI TRUCKING, INC. p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 February 4, 1986 City of Okeechobee 55 S.E. 2nd St. Okeechobee, Florida 33472 Paving and overlay for SE 8th and SE 3rd S.E. 8th 4500 sq. yds. 11" Asphalt Paving @ $ 3.25 per sq. yd. = $ 14,625.00 1067 sq. yds. 1 " Overlay Paving @ $ 3.00 per sq. yd. = 3,201.00 270 yards Shell @ $ 4.50 per yard = 1,215.00 PREPERATION Loader 1 Day $ 400.00 Grader 3 Days 1,500.00 Roller 2 Days 500.00 Back Hoe 2 Days 600.00 Truck 350.00 $ 3,350.00 Take Out 200 cubic yards. $ 19,041.00 S.E. 3rd Street 1160 sq. yds. 11" Asphalt Paving @ $ 3.25 per sq. yd. = $ 3,770.00 TOTAL PAVING, OVERLAY, AND PREPERATION Less Amount Deducted from Taddie by Broome TRANSPORTING Z SINCE 1947 MATERIALS $ 3,770.00 $ 26,161.00 - 6,500.00 $ 19,661.00 J.J. ZAYTI TRUCKING, INC. March 25, 1986 p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 City of Okeechobee 55 SE 2nd St. Okeechobee, Florida 33472 Extra Work on S.E. 8th and 3rd. 1,454 Sq. Yds. Culdesacs and Roads 11/2" Asphalt Paving @ $ 5.00 per sq. yd. Patching on Culdesacs $ 7,270.00 = 1,300.00 TOTAL EXTRA WORK $ 8,570.00 Total from Previous Est. $ 19,661.00 mm% ANSPORTING Z SINCE 1947 MATERIALS $ 2'8, 231.00 CITY OF OKEECHOBEE Landon C. Fortner. Jr. Administrative Assistant Utility Director 813'763-41160r7054 January 24, 1986 CITY HALL 55 S. E. THIRD AVENU1 OKEECHOBEE, FLORIDA 3:3474 Oakland R. Chapman Mayor MEMORANDUM TO: James J. Zayti FROM: Milton H. Davis SUBJECT: PAYMENT TO SUBCONTRACTORS Ronnie Thomas City Clerk M13. 763 -3372 or 3667 Section 6.9 General Conditions of the paving contract points out that the City in no way shall be responsible to any subcontractor that you may employ in the preformance of work under this contract. J.J. Zayti Trucking shall be fully responsible for the satisfaction of any outstanding claims, against the payment program. Respectfully, Home of The Second Largest Fresh Water Lake in the United States Landon C. Fortner, .Jr. Administrative Assistant Utility Director 813/763 -4116 or 711.54 CITY OF OKEECHOBEE January 24, 1986 CITY HALL 55 S. E. THIRD AVENUE OKEECHOBEE, FLORIDA 33474 Mr. James J. Zayti J. J. Zayti Trucking Company Post Office Box 728 Okeechobee, Florida 33473 Dear Mr. Zayti: Oakland R. Chapman Mayor Bonnie Thomas City Clerk 813/763.3372 or 3667 I have received a request for final payment for the entire paving project. I am, at present, poling the council for approval of final payment. Yesterday I pointed out the final clean up necessary in the Southeast sec- tion before city crews could plant grass seed. This clean up has not been finished. On Southeast 9th Avenue and Southeast 8th Drive there are piles of asphalt left over from paving. Also, several piles of trash and rock that have been raked -up, but not moved, can be found on some streets. On Southeast 9th Avenue, at the city limit line, there is a pile of dirt left by construction. Please clear up these small items so final payment can be made. Sincerely, CITY OF OKEECHOBE S) ilton H. Davis Administrative Assistant sf Home of The Second Largest Fresh Water Lake in the United States Landon C. Furtnrr. •Jr. Administrative ASSIStant Iltilite Direetor 1-+1:3 76:1.1116 nr 7Uii4 January 14, 1986 CITY OF OKEECHOBEE CITY HALL 55 S. E. THIRD AVENUE: OKEECHOBEE. FLORIDA 33474 Mr. James J. Zayti J. J. Zayti Trucking Company Post Office Box 728 Okeechobee, Florida 33473 Dear Mr. Zayti: Oakland It. Chapman Mayor Ronnie Thomas City Clerk `13. 763-3372 or 3667 We are enclosing a list of street cuts for which we would like a price for the following work: 1. Preparation of base and placing asphalt. 2. Placing asphalt only. Please contact Steve Figley for additional work he may have. Thank you for your attention to this matter. Sincerely, CITY OF OKEECHOBEE lton . Davis Administrative Assistant sf Encl. As stated Home of The Second Largest Fresh Water Lake in the United Slates CITY OF OKEECHOBEE CITY HALT, 55 S. E. Thum AvENUE 813;763 -3372 OR 763 -3667 OKEECHOBEE, FLORIDA 33472 RAle, /9? 49-,4, Home of The Second Largest Fresh Water Lake in the United States 17/7.-thrtiG. g. A9 B2 v� CUTS IN STREETS N.W. 22nd. Ave. and 4th. St. - 2 Cuts - N.W. 24th. Ave. and 4th. St. - 1 Cut N.W. 26th. Ave. and 4th. St. - 2 Cuts N.V. 28th. Ave. and 4th. St. - 11 Cuts N.W. 28th. Ave. and 5th. St. - 11 Cuts N.W. 5th. St. Driveways - 9 N.W. 26th. Ave. and 5th. St. - 2 Cuts N.W. 24th. Ave. and 5th. - 1 Cut N.V. 22nd. Ave. and 5th. St. - z Cut. N.. 7th. St. and 26th. Ave. - Rakius Cut N.W. 28th. Ave. and 6th. St. - 1 Cut S.W. 2nd. Ave. and 12th. St. - 1 Cut Re -Do S.W. 2nd. Ave. and 11th. St. - 1 Cut S.W. 2nd. Ave. and 10th. St. - 1 Cut S.E. 10th. St. and 8th. Dr. - 2 Cuts N.W. 10th. Ave. and 2nd. St. - 1 Cut N.W. 10th. Ave. & N. Park St. - Radius S.W. 8th. St. West of 2nd. Ave. - 1 Cut S.1Y. 10th. St. & 4th. Ave. - Redo Patch S.W. 6th. St. & 7th. Ave. - 2 Cuts S.W. 4th. St. & 7th. Ave. - 1 Cut S.W. 17th. St. & 441 radius S.E. 17th. St. & 441 Parking Area sfrfez= Azg1 Y'; //a coo o 4 L) 9ci2) :4"7' /24 Poo 7fi<#9-715 Fun_ 237 DoD AJFw Sup- o,-/ boo (34/.1) 617- / 3 ,3 Cs 6 c5 21* 4 • 27 a3I g - , .1 5.2,3 I o 76 9 — 67,4 -,i, � j 3 boa — .tIcN7" 911 7‘9 -- gfrit4 /, 7 4 9 .c.::‘,4) fri--A • 02 0, (s) 0-0 eL, 0. /v. /0i9 rt/ed. p2.44 I J 90 b 2 . tr. zf 4, t': 6JJAL2.. C ®$1 An o)/ 7f .F.4= -4)--//z1=.0 itj,0 -:*-12. ZQy7; i�.liC/ tel • /7 s7`. S, E. /3 —�� f� E• Ali -721- C/. -CCU 3, c,). -S Sly. . 3`-''S -26 g, f. g /UbuJ On) n- L°o'yt 'fi2J 7l �9 /'ROu . ,2 p©a. ad / ‘gr. O 6 S� lvoo,oa '/43.30 W9'2 • / o yyy • coo 7� 3 .4// • /s- ��, om'"i T ri l/s . 92 • q/2 • 76 n%'t, 76— /06./ / 7. 'SP ...1,11711 ,Ve - FV4 4-S C".• k. — _ . t . - - 4 QA: - - fevi2.)t."/- /7 X ) Co)- 7-C) C"--N 5% - r �.� r — ci r S o �J Q � �s 5 \ . Ca X- 'rci.J s ,333_ \lo 32 IS Landon C. Fortner, Jr. Administrative Assistant Utility Director 813 763 -4116 or 7654 CITY OF OKEECHOBEE November 22, 1985 CITY HALL 55 S. E. THIRD AVENUE; OKEECHOBEE, FLORIDA 33474 Mr. James J. Zayti J.J. Zayti Trucking Company Post Office Box 728 Okeechobee, Florida 33473 Subject: CHANGE ORDER NO. 2 Dear Mr. Zayti: Oakland R. Chapman Mayor Bonnie Thomas City Clerk 813/76:3 -3672 or :1667 The following streets are to have turn -out aprons, at each driveway, extending 1 -foot into the driveway from the edge of the in -line pavement. S.E. 15th Street between S.E. 8th Drive and S.E. 9th Avenue. S.E. 9th Avenue between S.E. 14th Court and S.E. 15th Street. N.E. 2nd Avenue between N.E. 2nd Street and N.E. 3rd Street. These streets, which were not included in the original specifications, are to be constructed in strict compliance with the same specifications. All areas outside the paved areas are to be finished with normal swale to rec- eive surface runoff and elevated to flow to the existing out -fall, so that no pounding of surface water will be effected. Inspections of sub -base, base and finish cap will be done by the City or the engineer, as outlined at the beginning of the project. Handling of excess material is to comply with original plans. Existing insurance and bonding are to remain in effect throughout the dur- ation of the project, including those streets added by Change Order No. 1. Remaining streets are to be constructed with type S -1 hot asphaltic con- crete job mix formula, and are to pass test rating of at least 5.5% and fall within 25% of a temperature range of 300° to 350 °F at the job site. Horne of The Second Largest Fresh Water Lake in the United States Mr. James J. Zayti page 2 November 22, 1985 Particle size shall remain in effect as to sieve size outlined at the beginning of the paving program. The tie -in of new pavement to existing must be done with a smooth transition, with no hump or drop -off at the connection of the two surfaces. Sincerely, CITY OF OKEECHOBEE P lton H. Davis Administrative Assistant sf General Practice Trial Practice Criminal Law Jerald D. Bryant Attorney At Law Octc,L ,: 3rd, 1')85 Steve Figley City of Okeechobee Public Utilities Department 55 Southeast 3rd Avenue Okeechobee, Florida 33472 RE: J.J. Zayti Trucking, Inc. City Contract No.: 850401 Dear Steve: OCT 2 4 1985 208 N.E. 3rd Avenue Post (frier Box 816 Okeechobee, Florida 33472 Telephone 1113467-177h This is to confirm our telephone conversation of this morning. After receiving the contract documents, receiving comments from you and L.C. Fortner and discussing the contract with Engineer Jim Broome, it is my recommendation that the City withhold future payment to the Contractor, Zayti, until his performance is in compliance with the contract specification. Section 211, 2 -08 of the contract calls for "Asphaltic Concrete, Type S -1, all in accordance with... D.O.T. Standard Specifications." Zayti has provided the City with a Job Mix Formula, but has not provided a certified or approved D.O.T. mix. The engineer recommends that we require a certificate that the mix meets the D.O.T. :;tandard> as st1t. -d in the contract. T understand that this has been a problem with Zayti in the least. In reviewing the test report from Fr,iser Engineering and Testing, Inc. regarding S.W. 16th Street and S.E. 4th Avenue, I noted that the actual mix of the samples taken deviated substantially from the Job Mix Formula submitted by Zayti. This is a second reason to withhold payment for these particular streets. I recommend that the City have samples tested from each street before any future payments are made. Regarding S.W. 15th Street, the irregular surface is obviously a result of Zayti's failure to lay a leveling course and, according to our engineer, the bumping of the paving machine by the asphalt truck. Section 2H, 2 -08 provides that the leveling course shall be used to bring the existing surface to proper grade "where so shown on the plans." Section 19A, 19 -01 provides that the leveling course shall be included in the cost where "needed to conform to the plans." The plans specify a "0 to 4 1/2 inch level course" on S.W. 15th Street, so Zayti is responsible for this. It appears from Zayti's proposal, Schedule A, that the level course was included in the bid. For S.W. 15th Street there is more than twice the square yards of material than is shown for S.W. 16th Street, both being roughly two blocks in length. Zayti should be required to correct the S.W. 15th Street work before being paid. If you desire to discuss this further, please call. I will retain the copy of the contract unless you or L.C. advise that you need it back. �e ALD BRY T JDB /jcb truly y urs, cc: L.C. Fortner, Administrative Asst. Jim Broome, Broome, Van Ostran & Assoc. Oakland Chapman, Mayor Bonnie Thomas, Clerk J.J. ZAYTI TRUCKING, INC. August 23, 1985 p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 L.C. Fortner City of Okeechobee 55 S.E. 3rd Ave. Okeechobee, Florida 33472 Subject: Type S -1 Hot Asphaltic Concrete Job Mix Dear Mr. Fortner, Our Type S -1 Hot Asphaltic Concrete Job Mix formula is as follows: 3/4 - 100 1/2 - 97.9 3/8 - 80.8 # 4 - 53.3 #10 - 40.5 #40 - 24.0 #80 - 10.6 #200 - 2.3 Percent Bitumen : 5.5% If you have any further questions don't hesitate to call. Yours Truly, Dave Cutler General Manager J.J. Zayti Trucking, Inc. DC /ds cc: Superintendent Elders TRANSPORTING _z SINCE 1947 MATERIALS J FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33rd STREET FORT PIERCE, FLORIDA 33450 FORT PIERCE: 13061461.7508 VERO BEACH:1305) 567-6167 STUART: (305) 283 -7711 Report of PERCENT BITUMEN OF ASPHALT AND PARTICAL SIZE ANALYSIS OF EXTRACTED AGGREGATE Client City of Okeechobee Contractor Zayti Asphalt Site S.W. 16th Street between Hwy. 441 and 3rd Avenue Test #12530 Date August 7, 1985 August 2, 1985 (Date Received) SIEVE SIZE PERCENT PASSING 1/2" 100.0 3/8" 94.2 No. 4 83.3 No. 10 61.5 No. 40 37.5 No. 80 16.5 No. 200 2.3 Percent Bitumen: 5.2 L f S r .T.. i.4 'T4 t -I gog o ctfully su)a fitted, ALEXANDER H. FRASER, P. E. FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33rd STREET FORT PIERCE, FLORIDA 33450 FORT PIERCE: 1305)461.7508 VERO BEACH: (305) 567-6167 STUART: (305) 283 -7711 Report of PERCENT BITUMEN OF ASPHALT AND PARTICAL SIZE ANALYSIS OF EXTRACTED AGGREGATE Client City of Okeechobee Contractor Zayti Asphalt Site S.W. 16th Street between Hwy. 441 and 3rd Avenue Test #12530 Date August 7, 1985 August 2, 1985 (Date Received) SIEVE SIZE PERCENT PASSING 1/2" 100.0 3/8" 94.2 No. 4 83.3 No. 10 61.5 No. 40 37.5 No. 80 16.5 No. 200 2.3 Percent Bitumen: 5.2 Re e�fully su ALEXANDER H. FRASER. P. E. FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33rd STREET FORT PIERCE, FLORIDA 33450 FORT PIERCE: (305)461 -7508 VERO BEACH: (305) 567 -6167 STUART: (305) 283-7711 Report of PERCENT BITUMEN OF ASPHALT AND PARTICAL SIZE ANALYSIS OF EXTRACTED AGGREGATE Client City of Okeechobee Date August 7, 1985 Contractor Zayti Asphalt August 2, 1985 (Dated Received) Site S.E. 4th Avenue between Rt. 70 and 2nd Street (from roadway) Test #12529 SIEVE SIZE PERCENT PASSING 1/2" 98.4 3/8" 82.7 No. 4 67.3 No. 10 49.0 No. 40 19.0 No. 80 5.5 - No. 200 2.5 Percent Bitumen: 3.7 �k' -,3 /dully su ALEXANDER H. FRASER, P. E. FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33rd STREET FORT PIERCE, FLORIDA 33450 FORT PIERCE: (3051461.7508 VERO BEACH: (305) 567-6167 STUART: (30512837711 Report of PERCENT BITUMEN OF ASPHALT AND PARTICAL SIZE ANALYSIS OF EXTRACTED AGGREGATE Client City of Okeechobee Contractor Zayti Asphalt Site S.E. 4th Avenue between Rt. 70 and 2nd Street (from roadway) Test #12529 Date August 7, 1985 August 2, 1985 (Dated Received) SIEVE SIZE PERCENT PASSING 1/2" 98.4 3/8" 82.7 No. 4 67.3 No. 10 49.0 No. 40 19.0 No. 80 5.5 No. 200 2.5 Percent Bitumen: 3.7 Ily sub LEXANDER H. FRASER, P. E. FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33rd STREET FORT PIERCE, FLORIDA 33450 FORT PIERCE: (3051461.7508 VERO BEACH: (305) 567 -6167 STUART: (305) 283 -7711 Report of PERCENT BITUMEN OF ASPHALT AND PARTICAL SIZE ANALYSIS OF EXTRACTED AGGREGATE Client City of Okeechobee Contractor Zayti Asphalt Site S.W. 16th Street between Hwy. 441 and 3rd Avenue Test #12530 Date August 7, 1985 August 2, 1985 (Date Received) SIEVE SIZE PERCENT PASSING 1/2" 100.0 3/8" 94.2 No. 4 83.3 No. 10 61.5 No. 40 37.5 No. 80 16.5 No. 200 2.3 Percent Bitumen: 5.2 Re ectfully su ALEXANDER H. FRASER, P. E. FRASER ENGINEERING AND TESTING, INC. 3504 INDUSTRIAL 33rd STREET FORT PIERCE, FLORIDA 33450 FORT PIERCE: (306)461 -7508 VERO BEACH: (305) 567-6167 STUART: (305) 283 -7711 Report of PERCENT BITUMEN OF ASPHALT AND PARTICAL SIZE ANALYSIS OF EXTRACTED AGGREGATE Client City of Okeechobee Contractor Zayti Asphalt Site S.E. 4th Avenue between Rt. 70 and 2nd Street (from roadway) Test #12529 Date August 7, 1985 August 2, 1985 (Dated Received) SIEVE SIZE PERCENT PASSING 1/2" 98.4 3/8" 82.7 No. 4 67.3 No. 10 49.0 No. 40 19.0 No. 80 5.5 No. 200 2.5 Percent Bitumen: 3.7 Ily sub LEXANDER H. FRASER, P. E. 331 -4.3.1 331 -2.2.2 Fine Aggregate and Mineral Filler: In labora- tory tests, and for the purpose of proportioning the paving mixture, all material passing the No. 10 sieve and retained on the No. 200 sieve shall be considered as fine aggregate, and the material passing the No. 200 sieve shall be considered as mineral filler. 331 -2.2.3 Screenings: Any screenings used in the com- bination of aggregates shall contain not more than 15 percent of material passing the No. 200 sieve. When two screenings are blended to produce the screening component of the aggre- gate, one of such screenings may contain up to 18 percent of material passing the No. 200 sieve, as long as the combination of the two does not contain over 15 percent material passing the No. 200 sieve. Screenings may be washed to meet these requirements. 331 -3 Permissible Variation for the Coarse Aggregate. The aggregate or aggregates shipped to the job shall be sized and uniformly graded or combined in such proportions that the resulting mixture meets the grading requirements of the job -mix formula. 331 -4 General Composition of Mixture. 331 -4.1 General: The bituminous mixture shall be com- posed of a combination of aggregate (coarse, fine, or mixtures thereof), mineral filler, if required, and bituminous material. The several aggregate fractions shall be sized, uniformly graded and combined in such proportions that the resulting mixture will meet the grading and physical properties of the approved job mix formula. 331 -4.2 Grading Requirements: In all cases, the job mix formula shall be within the design ranges specified in Table 331 -1. 331 -4.3 Job Mix Formula: 331 -4.3.1 General: Prior to the production of any asphaltic paving mix- ture, the Contractor shall submit in writing a proposed job mix formula to the Office of Materials and Research at least two weeks before the scheduled start of production. A copy of the proposed job mix formula shall be sent to the appropriate District Bituminous Engineer at the same time. (Open - graded mixes will be designed by the Department.) The following information shall be furnished: 1. The specific project on which the mixture will be used. 2. The source and description of the materials to be used. 253 331 -4.3.1 3. The gradation and approximate proportions of the raw materials as intended to be combined in the paving mixture. 4. A single percentage of the combined mineral aggregate passing each specified sieve. 5. A single percentage of asphalt by weight of total mix intended to be incorporated in the completed mixture. • 6. A single temperature at which the mixture is in- tended to be discharged from the plant. 7. The laboratory density of the asphalt mixture. For all mixes except Open- Graded Wearing Courses. 8. Evidence that the completed. mixture will con- form to all specified physical requirements. 9. The name of the individual responsible for the Quality Control of the mixture during produc- tion. 331 -4.3.2 Revision of Job Mix Formula: The approved job mix formula shall remain in effect until a change is authorized in writing by the District Bitu- minous Engineer. The Contractor, at any time after construc- tion has started, may request that the job mix formula be • revised, providing evidence is shown that the revision is necessary and the revised aggregate gradation will meet the requirements of Table 331 -1. A new design will be required for any change in source of aggregate. All requests for design mix adjustments, re- designs and new design mixes will be submitted in writing to the Engineer. When the Engineer determines that an un- desirable surface texture is being produced due to mix condi- tions, he will require an immediate adjustment to the job mix formula. '+'331 -4.3.3 Resistance to Plastic Flow: The submitted job mix formula shall include test data showing that the material as produced will meet the require- • ments specified in Table 331 -2 when tested in accordance with FM 1 -T245. Further, the bulk specific gravity of the laboratory compacted bituminous mixture shall be deter- mined in accordance with FM 1 -T166. The percent of unfilled voids and the percent of aggre- gate voids filled with asphalt shall be based on the maximum specific gravity of the bituminous mixture and on the asphalt content of each group of specimens prepared from the same sample. Maximum specific gravity of the bituminous mixture shall be determined by FM 1 -T209. 331 -4.4 Contractor's Quality Control: 331 -4.4.1 Personnel: In accordance with the require- 254 331 -1 Table 331 -2 Marshall Design Properties For Bituminous Concrete Mixes Minimum Minimum Mix Marshall Flow VMA Air Type Stability (0.01 in.) ( %) Voids (lbs.) ( %) S -I 1000 8 - 14 14 3 - 5 S -II 1000 8 - 14 14 3 - 5 Type II 500 or 750 8 - 16 18 5 - 16 Type III 750 or 1000 8 - 16 15 5 - 12 SAHM 300 or 500 8 - 20 15 5 - 16 ABC-1. 500 8 - 20 15 5 - 16 ABC -2 750 8 - 20 . 15 5 - 14 ABC -3 1000 8 - 20 14 ' 3 - 7 FC -1 500 8 - 16 , 15 8 - 14 FC -2 _ FC -3 FC -4 500 8 - 16 15 12 - 16 Work will be accepted on a LOT to LOT basis in accordance with the applicable requirements of Sections 5, 6, and 9. The size of the LOT will be as specified in 331 -5 for the bituminous mixture produced at the plant and as stipulated in 330 -10 and 330 -12 for the material placed on the roadway. 331 -2 Materials. 331 -2.1 General Specifications: The materials used shall conform with the requirements specified in Division III. Specific references are as follows: (1) Asphalt Cement Viscosity Grade AC -20 ....916 -1 (2) Mineral Filler 917 -1 and 917 -2 (3) Coarse Aggregate, Stone or Slag Section 901 (4) Fine Aggregate 902 -3* *The gradation requirements specified in the last paragraph of 902 -3.3 shall not apply to this specification. All materials shipped to the asphalt plant will be sam- pled at their destination. 331 -2.2 Specific Requirements: 331 -2.2.1 Condition of Aggregate: The aggregate shall be clean and shall contain no deleterious substances. Coarse or fine aggregate containing any appreciable amount of phos- phate shall not be used. Special attention is called to the re- quirements of 901 -1 that the coarse aggregate shall be washed and free from adherent coatings. 252 N h CO in it) CO z I N N N N 0 0 0 N N N N N N O N N N O CO "+'~ O INN z O 331 -1 * m . Cu • _O • v. O LC O C Cn Ch M V •zr ai O O a) C a) O • 7-. 4 -4 4-4 N .-•1 y c m o 0 O d ui CO cn • ' m • O y o 0»N 14 O�u �N0 o v 4 C 00 C0 - 4 4ivs 6 • . 02 Z Ch CO 14 ' r in N LO GO y O 00 CO Q CO �0 0) C+1 L • li0 .O. O 0 > 3 CO v^ O VI i O O O sue. •= . CO O . z 0O O O] m tan `1•0 .Q • 1.4 02 tt ^° c 000 o� 0 a a 00 • s...... .24) ° o �Q ° o° a >, 0 a) a 0 E o > 0 0 0 0 o O 000o y 0) 0 00000 0o00 4.n co 4.-4 r, .••• ,-4 •4 .-.4 .-4 .-• ,•• v.4 o CO N CO O y 04 0) a i > > Z y a0 CO J-. 4.) U U 0 0 �y 3 •° 0'-° 0 41. 0 ° 0 0 7 ..,1 CO N U 00 00 O .c a • ) 0 • e se ° * Cu 1) = 00 ill '~ N dC?'' 000 ' • Ui Cq f) d Q. Q, (Si Gr Gr 44 i * * * * *► * * * . * ., * * *• * * 251 331 -5.2 .n �Ovnvn 0 -••+ u P. P- 1P- 000 b _ 0000 0000 e}.er�'66 c '.'.V' .-i-, ... .-i „co" CC 0 o co 0 L -1 L CO CO L L i 3 000 O 000 O 644Lti 644M O OMMep O O.;.; O E as 2a;E E'' I-. 0. 0 i G � t` M d• V' N r. rr I.. [ .0 -. O v OCONN VVt OV•V• N0N00 OM.+0000 MCD00 v O O O O O O O O V' 0 1(,j COO M V■ e 0 Lj y _ Er o..t.L 0 L , , E EU 0V'V• a —C y 0 C 0NC t y M 000 O 000 a) OV'00 O OMVe}O p.rp C E w O 0oa�'•,, Ealai L. Z a y a) Q0 °A to a) 0 A te- E y ot-•V•V• .-.000 COCcr -t W 00. -4NN NOQ)O C ,,, 0000co NNNN COM0Nr- c0M0t-N •- .1 ..cr00 • • ••" O .�•+� a Q0000 OOCO 0CCt�[-t� e1MtfJC6C6C6 NCVNN O u^; L. ',v O00 d NCO CD010 L. p�,..iN L 0' Crj..i L a'O Ca SNN SCOMO d v COM�fO O O.rV d ri N 000 O 000 O 00061 O OV' CC O ONN O 21: O v o. Q 0 o ro �- a 0 7. :. a) ..‘,4 0O0 Q yOi co t-cSS MMV•V• OSS� • . 0)01010)0 $000 ''' E m cry EN y 0000 0000 C70C)- --�L. C61a60O) C")Mc c O. 20. ti 010° OMM O 0000 y 0000 d SOV• O CVjy a) co 000 O 000 O 00600 O Cc 6t.. 6 O CMC' O �o yy ° 1-• 0 L 0.02 y 0 -t. R.O., L 0 O v31ca 0U.ba) ,, 0 0�0 o,ncoS 0ooLn b 0a 'b o,n0 °' ° o , 00 0 00 00 00010 C° 000200 000x0 ai T- 0 c CI. C •-∎000 —000 ►+0000 ••~0000 ^+000 0 GL a)C)2O re ii .. o o ° z y R Qom', R ++ O .0 y ° E .., .:, E ca • 0* OM y y _0 ^RR °y o> N> cE�Uy • 0. w a Z� ,�aro0. c Characteristics 261 * 331 -5.2 10 sieves will meet the approved job mix formula within the tolerance shown in Table 331 -5. In recognition of the fact that the drying and screening operations may generate additional dust over that shown in the approved design mix, the target value of percent passing the No. 200 sieve for acceptance pur- poses will be set by the District Bituminous Engineer based on the washed gradations specified in 331 - 4.4.3. Subsequent changes to this target value can be approved only by the Dis- trict Bituminous Engineer or his authorized representative. The actual percent passing the No. 200 sieve will meet the ap- proved target value within the tolerance shown in Table 331 -5. Table 331 -5 Tolerances for Acceptance Tests Characteristic Tolerance* Asphalt Content (Extraction) Asphalt Content (Printout) ±0.70% Passing 3/8 -inch Sieve (FC -2 & FC -3 only) ±8.00% Passing No. 10 Sieve ±8.00% Passing No. 200 Sieve ±3.50% - -3.00% *Tolerances for sample size of n = 1. See Table 331 -6 for other sample sizes n = 2 through n = 4. NOTE: For contracts with less than 2,000 tons but more than 500 tons of any given mix, the only acceptance test at the asphalt plant will be for asphalt content. Acceptance of the mixture shall be on . the basis of test re- ' sults on consecutive random samples from each LOT. One random sample shall be taken from each sublot. The bitumi- npus mixture will be sampled at the plant in accordance with FM 1 -T168. The percent bitumen content of the mixture will be determined in accordance with FM 1 -T164 (as modified by DOT test procedures). The percents passing the No. 4, No. 10 and No. 200 sieves will be determined in accordance with FM 1 -T030. Calculations for the acceptance test results for bitumen content and gradation (percent pass No. 4, percent pass No. 10 and percent pass No. 200) shall be shown to the nearest hundreth (0.01). Calculations for arithmetic averages shall be carried to the thousandths (0.001) and rounded to the near- est hundredth (0.01) in accordance with the Department's rules of rounding. When the Contractor or Producer chooses to use a storage bin for mix storage overnight or longer, the material pro- 259 Landon C. Fortner, Jr. Administrative Assistant Utility Director 813/763 -4116 or 7054 August 16, 1985 CITY OF OKEECHOBEE Mr. James J. Zayti J. J. Zayti Trucking P. 0. Box 728 Okeechobee, Florida 33473 RE: Paving of City Streets Dear Mr. Zayti: CITY HALL 55 S. E. THIRD AVENUE OKEECHOBEE, FLORIDA 33474 Oakland R. Chapman Mayor Bonnie Thomas City Clerk 813/763-3372 or 3667 Please submit a job mix formula for the asphalt proposed for the city streets. This formula should be submitted before any additional asphalt is applied to city streets under construction at this time. We are planning to have the asphalt tested; therefore, we request you notify the city at least 48 -hours in advance of applying asphalt to the city streets. Thank you for your attention to this matter, Yours truly, CITY OF OKEECHOBEE GF Landon C. Fortner, Jr. Administrative Assistant sf xc: Superintendent Elders Home of The Second Largest Fresh Water Lake in the United States PRODUCER xx Insurance Exchange P. 0. Box 5410, Northville, Xl. 48167 INSURED J. J. Zeyti Trucking, Inc. 47500 W. Eight Mile Rd., Northville, Mi. 48167 6/19/85 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER Citizens Ins. Co. COMPANY LETTER B American States Ins. Co. COMPANY LETTER %. COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO ETA NNE OF INSURANCE POLICY NUMBER XP 030819 .— ' (MUM Nix,' (MWUOVYY) 3 / 7 / $ 3 POI ICY IMIRAIN1N LA1E (MM1UO/YY) 3 / 7 / 8 6 1IAR11 ITV LIMITS IN THOUSANDS NJURY EACH OCGVHHSNt<E $ AGGREGATE $ GENERAL X X X X jx LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS LINUI HGRWUND EXPLOSIONS, COLLAPSE HAZARD PRODUCTS/COMPEL I ED OPERA1IONS CONTRACTUAL INUEPENDENI CON IHACTOfiS BROAD FUHM PROPERTY DAMAGE PERSONAL INJURY UAMACEIE� $ $ Hi M PD COMBINED $ 1,000, Q $ 1,000, $ 000 PERSONAL INJURY _ AUTOMOBILE Y x x X X _ LIABIUTY ANY AUTO AU. OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS (UI HER THAN1 PRIV. PASS. 1 HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 1 114998 x0/26/84 10/26/8',,A� yAr *MO (PER PERSON) $ s. F" ` f �' '} ?; &1(11iY ({R N,7IIXRR $ HuPEE TY $ COMBINED $ 1,000. B EXCESS L UABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM SU 40287 3/7/85 3/7/86 BCOMBNED $ 1 OOO $ 1 000 A WORKERS' CCOMPENSATION EMPLOYERS' LIABIUTY WC V141572 -03 • 3/7/85 3/7/86 STATUTORY $ 100 (EACH A DENT) . ASE - POLICY LMT) $ ZOO ,(DISEASE EACH EMPLOYEE) OTHER „Away IPTION OF OPERA1IONS/LOCA(IONS VEHICLES/SPECIAL ITEMS City of Okeechobee Attention L. C. Fortner Okeechobee,FL 33472 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL_ ld. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OH LIABIUTY OF ANY KIND UPON THE COMPANY, S ENTS OR REPHESENTATIvf 5 AUTHORIZED REPRESENTATIVE „.),/ Insurance Excbaanr.e fA PRODUCER zx Insurance Exchange 'P. 0, Box 5410, Northville, Xi, 48167 t•CERTIWICATE ORS INSURANCE ' ' INSURED J. J. Zayti Trucking, Inc. 47500 W. Eight Mile Rd., Northville, Hi, 48167 6/19/85 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AME I , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER LET Citiseas Ins. Co, COMPANY TER B American States Ins. Co. COMPANY LETTER C COMPANY p LETTER COMPANY E LETTER THIS IS TO CEHTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEl31OO INDICATED. BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOR ALL THE TERMS, EXCLUSIONS,IF AND TCO MAY . TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER POLICY 1110.IIVL DATE (MMIUD/YY) POI ICY I XYIHA ION DAZE (MM/DONY) GENERAL LIABILITY X COMPREHENSIVE FORM Z PREMISES/OPERATIONS min HGHOUND EXPLOSION d COLLAPSE HAZARD Y PROOUCTS/COMPLEIED OPERATIONS Y CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FARM PROPERTY DAMAGE x PERSONAL INJURY MP 030819 /T/83 3/7/86 1 IA131I ITY LIMITS tN THOUSANDS EACH OCCURHENCEi BODILY INJURY PROPERTY DAMAGE 131 5 PD COMBINED $ $ 1,000 1 040 PERSONAL INJURY AUTOMOBILE UABIUTY A x ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) X ALL OWNED AUTOS (OIHER IT'AN1 PRIV. PASS. 1 x HIRED AUTOS 1 NON -OWNED AUTOS GARAGE LIABILITY hotAIT Iti1UHY (PER PERSON) 6,011. Y 1f.h1HY (PEA A CL*NT) RC/PEATY MAGE B 114998 0/26/84 10/26/8 DI 6 PD COMBINED EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM su 40287 /7/85 /7/86 131 & PD COMBINED WORKERS' COMPENSATION AND EMPLOYERS' LIABIUTY OTHER WC V141572 -03 3/T/85 3/7/86 STATUTORY _100 (LAcH ACCIULNT) $ 500 ( OISI AST POLICY LIMIT) $ 10 0 •(DISEASE-LACH EMPLOYEE OESCHIPTION OF OPERATIONS /LOCA1 IONS/VEHICLES/SPECIAL ITEMS ±y. RTIFICA E. OL`;DE , CANCELLATION City of Okeechobee Attention L. C. Fortner Okeechobee,FL 33472 nfT- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL EN(JEAVOR TO MAIL_ 1.CL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGAT IOri OH LIABILITY OF ANY KIND UPON THE COMPANY, S ENTS OR REPHESiENTATIVI S. AUTHORIZED REPRESENTATIVE Insurance EYCtlanre f ✓ �' uNeYeref pe R::_ r..! allf[lr :., r,wv.r -.—• �?.,+.� 's. PRODUCER xx Insurance Exchange 'P. 0. Box 5410, Northville, Mi. 48167 6/19/85 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURED J. J. Zayti Trucking, Inc. 47500 W. Eight Mile Rd., Northville, Mi, 48167 Citizens Ins. Co. American States Ins. Co. COMPANY p LETTER COMPANY E LETTER THIS IS TO CEHTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTA TYPE OF INSURANCE POLICY NUMBER Iowa t TH L i Yy LATE IMM/ULVYY) (UnCY IAllItAUUN LAZE (MMNU/YYI 1 IAN' I .... TY LIMI TS IN THOUSANDS _ EACH OCCUHHLN AGOREQATE { x GENERAL X X LIABILITY COMPREHENSIVE FUHM PHI MISES /OPERATIONS MP 030819 • -, 3/7/83 3/T/86 HOOtLY INJURY $ _ $ PROPERTY UAMAGE $ $ _ 1 X I1NI11. HGHuUND EXPLOSION & COLLAPSE HALAHD PHUDUCTS/CUMPLE I ED OPLRAT IONS CONTRACTUAL INDEPENDENT CON I RAC TOTES BROAD FUHM PROPERTY DAMAGE PERSONAL INJURY — -- EEI & Po COMBINED $ 1 • 000 $ 1,000, jx PERSONAL INJURY $ 1 000 1 AUTOMOBILE ~ x LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV PASS.) /l1IIIER THAN ALL OWNED AUTOS 1 )10. PAS5) HIRED AUTOS NON -OWNI U AUTOS GARAGE LIALULITY _-- -.__..._ _--- 3 114998 _ 10/26/84 10 /26 /8).OMAGETM dkn,n r INJURY IPtR F950N1 't $ 00 4 X wAM.Y II RHY (PER ACUDENT) $ X X A I $ Jr Fil , PD COMBINED $ 000 B EXCESS .i. LIABILITY UMI3HELLA FORM OTHER THAN UMI3RELLA FORM SU 40287 5/7/85 /7/86 COMBINED $ .0000 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC W141572 -03 3/7/85 3/7/86 STATUTOHY olowimit $ S $ 100 1oo LAlli A :UUENf) 0 O�(UIJt ASt - P01ICY LIMIT) (DISEASE - LACHEMPLOYEE( r; OTHER UESCHIPTION OL OPERA' IONS /LOCAIIONS/VEHICLES/SPECIAL ITEMS ANCELLATION City of Okeechobee Attention L. C. Fortner Okeechobee,FL 33472 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED HE FORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL_ 10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OH LIABILITY OF ANY KIND UPON THE COMPMY, ' S Iy'ENTS QR REPHESENTAT1Yl AUTHORIZED REPRESENTATIVE j 14 Insurance Exc1' npe / MINUTES OF THE PRECONSTRUCTION MEETING FOR THE 1985 STREET PAVING CONTRACT No. 850401 June 19, 1985 Those present at the meeting: L. C. Fortner, Jr., Chuck Elders, Jim Zayti and Tom. The meeting was scheduled to advise the contractor, J.J. Zayti Trucking Co., of the procedures to be followed during the construction and paving of the various city streets. The contracts have been signed and approved by the city attorney and will be sign- ed by the Mayor later today. The contract document includes the streets to be re- surfaced or paved, the contract, the performance bond and payment bond plus all the general and special conditions listed on the contract. The insurance policies required, by the contract, (workmens compensation,and lia- bility insurance) are not a part of the contract documents and must be delivered to the City of Okeechobee before work begins on the paving project. All inspections will be made by the city employees and the contractor must notify the city when a portion of the project is ready for inspection, as follows: 1. Inspection of the sub -base before the shell base has been placed on the street. 2. Inspection of the shell base must be done before the prime coat is applied. 3. Additional inspection will be made after the asphalt has been completed. Work will not proceed to the next step until all inspections have been made and approved by the city. The contractor should be sure the work is ready for an inspection before a call is made for inspection. Also, the contractor should give the city as much notice as possible for inspections. Calls for inspections may be made through 763 -7054 (City Hall) or 763 -3926 (City Barn). The contractor stated he would begin work on the resurfacing portion of the contract first and would then move into the southeast section to begin construction of those city streets. There was some discussion concerning the stabilization of the shoulders and sub -base and the requirements, for this item, are listed on page 2H -2, section 2 -06. Chuck Elders will work with the contractor to locate the property line within the construction area. All areas outside the paved areas, are to be prepared and shaped to the lines and grades shown on the drawings in such a manner to receive grassing, sod or planting without additional work. MINUTES OF PRECONSTRUCTION MEETING STREET PAVING CONTRACT NO. 850401 June 19, 1985 page 2 All areas of construction are to be compacted according to the plans and specifi- cations and the city will pay for the density tests. The contractor shall pay for all retests required where density tests show insufficient compaction. All excavated material, not required for fill or embankment, shall be deposited on the project site as directed by the city. In the event a suitable site is not available for the excavated material, the contractor will remove the material and the material will become the property of the contractor. The material will be re- moved at no additional cost to the city. Change orders have been approved by the city council for the paving of the following streets: 1. S.E. 15th Street between S.E. 8th Drive and S.E. 9th Avenue. 2. S.E. 9th Avenue between S.E. 14th Court and S.E. 15th Street. 3. N.E. 2nd Avenue between N.E. 2nd Street and N.E. 3rd Street. The total for the change order is $23,599.80. Contract documents and a copy of the change order approval will be delivered to the contractor upon receipt of the proper insurance policies. L. C. Fortner, sf xc: J. Zayti C. Elders CUTS IN STREETS N.W. 22nd. Ave. and 4th. St. - 2 Cuts N.W. 24th. Ave. and 4th. St. - 1 Cut N.W. 26th. Ave. and 4th. St. - 2 Cuts N.W. 28th. Ave. and 4th. St. 11 Cuts N.W. 28th. Ave. and 5th. St. - 11 Cuts N.W. 5th. St. Driveways - 9 N.W. 26th. Ave. and 5th. St. - 4, Cuts N.W. 24th. Ave. and 5th. - 1 Cut N.V. 22nd. }we. and 5th. St. - Cut N.. 7th. St. and 26th. Ave. - Rak..ius Cut N.W. 28th. Ave. and 6th. St. - 1 Cut S.W. 2nd. Ave. and 12th. St. - 1 Cut Re -Dd S.W. 2nd. Ave. and 11th. St. - 1 Cut S.W. 2nd. Ave. and 10th. St. - 1 Cut S.E. 10th. St. and Sth. Dr. - 2 Cuts N.W. 10th. Ave. and 2nd. St. - 1 Cut N.W. 10th. Ave. & N. Park St. - Radius S.W. Sth. St. West of 2nd. Ave. - 1 Cut 5.11. 10th. St. & 4th. Avc. - Rcdu Pdtch S.W. 6th. St. & 7th. Ave. - 7 Cuts S.W. 4th. St. & 7th. Ave. - 1 Cut S.W. 17th. St. & 441 radius S.E. 17th. St. & 441 Parking Area CUTS IN STREETS N.W. 22nd. Ave. and 4th. St. - 2 Cuts N.W. 24th. Ave. and 4th. St. - 1 Cut N.W. 26th. Ave. and 4th. St. - 2 Cuts N.W. 28th. Ave. and 4th. St. - 11 Cuts N.W. 28th. Ave. and 5th. St. - 11 Cuts N.W. 5th. St. Driveways - 9 N.W. 26th. Ave. and 5th. St. - 2 Cuts N.W. 24th. Ave. and 5th. - 1 Cut N.W. 22nd. Ave. and 5th. St. - z Cut N.; . 7th. St. and 26th. Ave. - Rac.ius Cut N.W. 28th. Ave. and 6th. St. - 1 Cut S.W. 2nd. Ave. and 12th. St. - 1 Cut Re-DO S.W. 2nd. Ave. and 11th. St. - 1 Cut S.W. 2nd. Ave. and 10th. St. - 1 Cut S.E. 10th. St. and 8th. Dr. - 2 Cuts N.W. 10th. Ave. and 2nd. St. - 1 Cut N.W. 10th. Ave. & N. Park St. - Radius S.W. 8th. St. West of 2nd. Ave. - 1 Cut S.W. 10th. St. & 4th. Ave. - Redd Patch S.W. 6th. St. & 7th. Ave. - 2 Cuts S.W. 4th. St. & 7th. Ave. - 1 Cut S.W. 17th. St. & 441 radius S.E. 17th. St. & 441 Parking Area k, 198 43,7)x,e,)-4;;4/ et, 7,qt/e9,vz- ",S; /3729,z7 i'%14/ v2o £_ , A(c9 e) s /9-?' a2699 ,gyp s` , 1�' -.D , Ai �e a Z &;)/'2 -dc /4 C 7O , - Y/2 Q'l/ .mac C° %��irl�6 = rL G°/cz- LY % 9$ G� /� v 7iv c' G v 9 ',' c z ® . ma y 7 — r ucis- Ala, 3 /9/ ;2;50 /,.-;-2,/ iay Gf',</U 4.0F25_ -Z //L'� . /4/G= / a r. i) /11c, ,aa 6) �7 U 12%-c c1 )QG //I0 / a 1 69 Ajo //t/ >9. 7e, (54e=/2 Be-=-73 t9 i4,1 /14 lilt 41- ,574' 7`ci ,-V'/ AJ l '71/74 o 8626) 74 )34 plijcte,z AQ-7fietrn / C;50 on/. //U /011 li✓L,�Ci 1��2` �a UGC fir�,c r1 PZFVe CJ L Loo f .0rn. ...... .... . 1%7/P-6 C4s2A a F Pi)qe JOHN D. CASSELS, JR LAURA ANN McCALL LAW OFFICE OF CASSELS & McCALL 400 NW SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE FLORIDA 34972 • TELEPHONE 813.763.3131 • FAX 763.1031 March 1, 1990 John Drago City Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Re: City vs Zayti Dear John: Enclosed please find a Motion for Summary Judgment and Notice of Hearing in the above captioned matter. Several weeks ago one of the City councilmen contacted me with regard to whether the City could obtain the funds held in the registry of the Court and pay them to Joiner. I indicated to him that this would be inconsistent with our position in the Interpleader where the City maintained it did not have an interest in the money and threw the issue of its rightful owner to the Court. I went on to advise that if Joiner or his attorney felt that they were entitled to the funds that they should make a claim with the Court. My only objection to the attempt by Joiner to settle the matter in his favor is contained in his affidavit in support of the Motion. In paragraph 3, he alleges that he had a specific contract with the City to perform work in the amount of $7,400.00 and that the City in error included this amount in sums owed to Zayti. Although I have not gone to the "basement" to resurrect this file, I believe that this is the first that I have heard a specific allegation that there was an independent contract between Joiner and the City giving rise to a $7,400.00 obligation. Regardless of who the City might desire to see have the money, I feel that it is imperative that the City remains neutral as it filed an Interpleader action professing such neutrality in 1986. Page Two February 28, 1990 Mr. John Drago Finally, please advise whether you wish me to attend this hearing. I have taken the liberty of forwarding a copy of this letter to John Cook. Jerry Bryant elected not to represent the City in this action as he was attempting to represent Zayti simultaneously. I would certainly appreciate some advice prior to the scheduled hearing. With kindest regards, I am Sincerely, 61, _40/ • D. CASSELS DC /sbl Enclosure: As stated. cc: John Cook, Esq. CASSELS & McCALL IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO:86- 224 -CA CITY OF OKEECHOBEE, a Florida municipal corp., Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J.J. ZAYTI, INC., Intervenor /Third -party Plaintiff vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J.J. ZAYTI, INC., Intervenor /Third -party Defendants. MOTION FOR SUMMARY JUDGMENT Comes now the Defendant, and Intervenor /Third -party Defendant, JESSIE M. JOINER and shows unto this Court that there is no genuine issue as to any material fact in the above - entitled cause and that Defendant, JESSIE M. JOINER is entitled to judgment as a matter of law, and, therefore, moves for summary final judgment. Defendant attaches to this motion an affidavit as to setting forth the amount due Defendant. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to:John D. Cassels, Jr., attorney for Okeechobee, Jerald Bryant, attorney for Treasure Coast, and John Gentry, III, attorney for Zayti by f rcbao AAy U.S. Mail this I17' day of ► 1990•. ester . /Jennings Attorney or Joiner Post Office Box 237 Okeechobee, Florida 34973 (813)467 -2570 FL BAR NO:039488 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO:86- 224 -CA CITY OF OKEECHOBEE, a Florida municipal corp., Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J.J. ZAYTI, INC., Defendants, TREASURE COAST CONSTRUCTION CO., INC., a Florida corporation, Intervenor /Third -party Plaintiff VS. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J.J. ZAYTI, INC., Intervenor /Third -party Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me the undersigned authority authorized to administer oaths and take acknowledgments personally appeared JESSIE M. JOINER who after being duly cautioned and sworn on his oath deposed and states: 1. That he is a Defendant and counterplaintiff in the above styled cause. 2. That during February 1986 your affiant was working part time for J.J. ZAYTI TRUCKING, INC., which at the time was doing certain road construction and repairs for the CITY OF OKEECHOBEE. 3. That on or about that time the city manager, Davis, contracted with affiant to do certain road construction for $7,400.00. That your affiant completed the work using his own materials and equipment and had a right to the $7,400.00 from the CITY OF OKEECHOBEE, Florida. 4. That the City by error included the $7,400.00 with money it owed J.J. ZAYTI TRUCKING, INC., and it should have Page 1 been designated for and paid to affiant. 5. That the $7,400.00 is the same $7,400.00 that is the subject matter of this action. 6. That affiant is due the $7,400.00 less what has been paid to the law firm of John Cassels, Jr.. FURTHER AFFIANT SAYETH NOT. ESSIE M. JOI R Affiant SWORN TO AND SUBSCRIBED before me this o1474 day of October, 1989. Notary Public My Commission Expires : Notary Pct, *—aka Of Fbr,va At �,� • 21. 1991 Page 2 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 86 -224 -CA CITY OF OKEECHOBEE, a Florida municipal corp., Plaintiff vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J.J. ZAYTI, INC., Defendants, TREASURE COAST CONSTRUCTION CO., INC., a Florida corporation, Intervenor /Third -party Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J.J. ZAYTI, INC., Intervenor /Third -party Plaintiff, NOTICE OF HEARING TO: John D. Cassels, Jr Esq. Attorney for Plaintiff Post Office Box 968 Okeechobee, Florida 34972 Jerry Bryant, Esquire Attorney for Intervenor 207 N.W. 2nd Street Okeechobee, Florida 34972 PLEASE TAKE NOTICE that on the 26th day of March, 1990, at 9:00 A.M., or as soon thereafter as counsel can be heard, the undersigned will bring on to be heard, the Defendant's Motion for Summary Judgment, before the Honorable WILLIAM L. HENDRY one of the judges of the above court, at his chambers in the courthouse in Okeechobee, Okeechobee County, Florida. r PLEASE GOVERN YOURSELF ACCORDINGLY. Dated this 13 day of February, 1990. I HEREBY CERTIFY that a copy of the foregoing Notice of Hearing was furnished by U.S. Mail to the above -named addressees, on the aforementioned date es -r W. Jennings Attorney for Joiner Post Office Box 237 Okeechobee, Florida 34973 (813)467 -2570 FL BAR # 039488 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 86- 224 -CA CITY OF OKEECHOBEE, a Florida municipal corp., Plaintiff vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J.J. ZAYTI, INC., Defendants, vs. TREASURE COAST CONSTRUCTION CO., INC., a Florida corporation, Intervenor /Third -party Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J.J. ZAYTI, INC., Intervenor /Third -party Plaintiff, AMENDED NOTICE OF HEARING TO: John D. Cassels, Jr Esq. Attorney for Plaintiff Post Office Box 968 Okeechobee, Florida 34972 Jerry Bryant, Esquire Attorney for Intervenor 207 N.W. 2nd Street Okeechobee, Florida 34972 PLEASE TAKE NOTICE that on the 4th day of April, 1990, at 3:30 P.M., or as soon thereafter as counsel can be heard, the undersigned will bring on to be heard, the Defendant's Motion HENDRY in the for Summary Judgment, before the Honorable WILLIAM L. one of the judges of the above court, at his chambers courthouse in Okeechobee, Okeechobee County, Florida. PLEASE GOVERN YOURSELF ACCORDINGLY. Dated this 113 day of February, 1990. I HEREBY CERTIFY that a copy of the foregoing Notice of Hearing was furnished by U.S. Mail to the above -named addressees, on the aforementioned date. iir'it -�4 P "'e 1`" gs Atto y fo Joiner Pos Offi•- Box 237 0 echo.-e, Florida 34973 (:13)467 -2570 FL BAR # 039488 :4 I. DEC 21 1987 LAW OFFICE OF CASSELS & McCALL JOHN D. CASSELS, JR LAURA ANN McCALL 400 NORTHWEST SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE FLORIDA 34972 • TELEPHONE 813.763.3131 December 18, 1987 John Drago, City Manager City Hall 55 Southeast 3rd Avenue Okeechobee, Florida 34974 RE: City of Okeechobee vs. Zayti File No. 86 -187 Case No. 86- 224 -CA Dear Mr. Drago: Please be advised that Zayti Trucking, Inc. has withdrawn its' final opposition to our interpleader. This matter is now concluded as far as the City of Okeechobee is concerned and I am closing my file. With kindest regards, I am Sincere J.HN D. 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BA oMs abed 9861 'CZ aaqutagdes auzq:saa a pTATAs IN THE CIRCUIT COURT OF THE NINE'rEETTrH JUDICIAL CIRCUIT IN AND FOR OKEECiOPEE COUNTY, FLORIDA. CASE CITY OF SEE, a Florida municipal corporation, Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J. J. ZAYTI TRUCKIM, INC., Defendants. 86 -224 CA MJTION FOR LEAVE MO FILE AMENDED ANSWER AND COUNTERCLAIM Defendant, J. J. ZAYTI TRUCKING, INC., through its undersigned attorney, moves the Court for an Order allowing Defendant to file an Amended Answer and a Counterclaim, and in support thereof respectfully shows: 1. Defendant was and is the sole contractor in privity with Plaintiff in connection with a construction project in the City of Okeechobee, Florida. 2. Defendant complied in all respects with the performance of the contractual undertakings, submitted requisition for final payment due under said contract, including contractor's sworn affidavit, and was entitled to be paid the balance owed by Plaintiff on said contract, in the sum of $7,400.00. 3. Plaintiff instituted this action without just or legal cause to interplead said $7,400.00 into the Registry of the Court, as a consequence of which Plaintiff has deprived Defendant of its money and the use of its money since the day said debt was due to be paid and, in addition, has campelled Defendant to engage the undersigned attorney to represent its interest in and about said interpleader action. Plaintiff's action and conduct has thus obligated Defendant to pay attorney's fees to its Defendant in opposition to said interpleader action and has potentially subjected Defendant to a loss or diminution of the balance due on the aforesaid contract in the event the Court should award any attorney's fees to Plaintiff's attorney. 4. Furthermore, there would have been no necessity for institution of an interpleader action had the Plaintiff not canpelled Defendant to engage the co-Defendant, JESSIE M. JOINER and/or QUALITY PAVING OF FORT MYERS, INC., as a condition precedent to being awarded this contract and of being awarded future contracts with Plaintiff. '5. Defendant's Counterclaim against the Plaintiff is a compulsory counterclaim under the provisions of Rule 1.170, F.R.C.P. and must be brought within this action as a matter of law, and Defendant is entitled to file an Amended Answer and Counterclaim under Rule 1.190, F.R.C.P., to dispose of all controversies within the pending action. ARE, Defendant moves the Court for an Order allowing the filing of an Amended Answer and Counterclaim, a true copy of which is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that a true copy of the foregoing was furnished, this day of September, 1986, to JOHN D. CASSELS, JR., ESQUIRE, Attorney for Plaintiff, P. O. Box 968, Okeechobee, Florida 33472, and to LESTER JENNINGS, QUIRE, 110 N.E. Third Avenue, Okeechobee, Florida 33472, Attorney for Defendant, JESSIE M. JOINER. LAW OFFICES OF JOHN A. GENTRY, III, P.A. 707 North Flagler Drive West Palm Beach, Fla. 33401 (305) 659 -6500 By: Attorney for Defendant, ZAYTI FLORIDA BAR NO. 028230 IN Tf3 CIRCUIT COURT OF THE NINETEENTH JUDIC CIRCUIT IN AND FOR OiEDCH BEE COUNTf FLORIDA. CASE NO: 86 -224 CA CITY OF OIEE, a Florida municipal corporation, Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J. J. ZAYTI TRUCKING, INC., Defendants. l AMENDED ANSWER AND COUNTERCLAIM OF DEFENDANT, J. J. ZAYTI TRUCKING, INC. Defendant, J. J. ZAYTI TRUCKING, INC., through its undersigned attorney, Answers the Complaint filed herein and says: COUNT I 1. This Defendant admits the allegations contained in Paragraphs 1, 3 and 4. 2. This Defendant admits as to Paragraph 2 that it, Plaintiff, and Defendant, JESSIE M. JOINER, are sui juris but denies that Defendant, QUALITY PAVING OF FORT MYERS, INC., is sui juris and demands strict proof thereof. 3. This Defendant admits that it submitted its Contractor's Affidavit as set forth in Paragraph 8 but denies the remainder of said Paragraph. 4. This Defendant admits the allegations set forth in the first sentence of Paragraph 9 but denies the remainder and demands strict proof thereof. 5. This Defendant denies the allegations contained in Paragraphs 5, 6, 7, 10, 11, and 12, and demands strict proof thereof. COUNT II 13. This Defendant re- alleges and adopts by reference its admissions and denials as to Paragraphs 1 through 12, inclusive, of Count I. 14. This Defendant denies the allegations contained in Paragraphs 14 and 15 and demands strict proof thereof. WHEREECRE, having fully answered the Complaint, this Defendant moves that sane be dismissed, with prejudice, and that costs be taxed against Plaintiff and that Plaintiff go hence without day. AFFIRMATIVE DEFENSES As and for an Affirmative Defense to Plaintiff's Complaint, Defendant respectfully says: 1. This Defendant was required to engage and employ the Defendant, JESSIE M. JOINER, at the spE.;ific direction and instance of Plaintiff. 2. This Defendant was advised that if the Co- Defendant, JESSIE M. JOINER, was not engaged and employed by him in connection with the subject project that the contract for said project would not be awarded to this Defendant. 3. Plaintiff's actions and conduct are directly and solely responsible for and totally caused the dispute, if any, between this Defendant and the Defendant, JESSIE M. JOINER, and because of said unclean hands Plaintiff should be required and aught to absorb and pay its own costs and legal fees in connection with bringing this action. WHEREFORE, having fully answered the Plaintiff's Complaint, this Defendant moves that same be dismissed, with prejudice, that costs be taxed against Plaintiff, and that Plaintiff go hence without day. 0 Defendant, J. J. ZAYTI TRUCKING, INC. (hereinafter ZAYTI) sues Plaintiff, CITY OF OKOECH BEE, a Florida municipal corporation (hereinafter CITY), and alleges: 1. This is an action for damages in excess of $5,000.00. 2. At all times material City was and is a Florida municipal corporation located in Okeechobee County, Florida, and Zayti was and is a Michigan corporation authorized to do and doing business in the State of Florida and having its principal place of business in Okeechobee County, Florida. 3. In approximately mid-February, 1986, City engaged and contracted with Zayti to furnish labor, material and services to construct certain improvements and re- surfacing on SouthEast Eighth Drive and SouthEast Third Street and for additional work on the Third Street extension. 4. Zayti undertook to perform these obligations to City under said contract and on or about March 31, 1986 submitted invoice for all of the aforesaid work, labor and materials for the total sum of $28,231.00 to which the City interposed no objection. A true copy of said invoice is attached hereto and incorporated herein as Zayti's Exhibit "A ". 5. The City breached its contract with Zayti by paying Zayti the sum of $20,831.00 on or about April 25, 1986 and in failing and refusing to pay Zayti the $7,400.00 balance due and owing from and after March 31, 1986. 6. City wrongfully and intentionally failed and /or refused to pay Zayti the $7,400.00 balance due and owing since March 31, 1986 despite frequent demands therefor and, subsequently, instituted this action for interpleader to have entitlement to said sum determined by the Court on the basis of an alleged "conflicting claim" of one of Zayti's employees, Co- Defendant, JESSIE M. JOINER. 7. As a direct and proximate consequence of the City's breaches aforesaid, Zayti has been compelled to engage the undersigned attorney to represent its interest in and about the defense of the interpleader action and in and about enforcement of its contractual rights against the City, Zayti has agreed to pay said attorney a reasonable fee and City should and ought to reimburse and/or indemnify Zayti therefor and/or pursuant to Section 57.105, F.S., because there was and is no justiciable issue of law or fact in respect of Zayti's contract and his absolute entitlement to payment of the contract sum by the City. 8. Zayti renews and re- affirms its entitlement to the sum deposited in the Registry of the Court and demands payment of the entire scan from March 31, 1986 through April 25, 1986 and on the interpleader sum from April 25, 1986 until paid. WHEREFORE, Defendant - Counterclaimant, ..J.. J. ZAYTI TRUCKING, INC., sues and demands judgment of, fran and against Plaintiff- Counterdefendant, CITY OF OKEECHOBEE, for damages in excess of $5,000.00, all costs of this action, a reasonable attorney's fee and such other relief as Counterclaimant may be entitled. I HEREBY CERTIFY that a true copy of the foregoing was furnished, by mail, this day of September, 1986, to JOHN D. CASSELS, JR., ESQUIRE, Attorney for Plaintiff, P. O. Box 968, Okeechobee, Florida 33472, and to LESTER JENNINGS, ESQUIRE, 110 N.E. Third Avenue, Okeechobee, Fla, 33472, Attorney for Defendant, JESSIE M. JOINER. LAW OFFICES OF JOHN A. GENTRY, III, P.A. 707 North Flagler Drive West Palm Beach, Fla. 33401 (305) 659 -6500 By: Attorney for Defendant, ZAYTI FLORIDA BAR NO. 028230 J.J. ZkYTI TRUCKING, INC. „.50,E obi =u.. March 25, 1986 p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 City of Okeechobee 55 SE 2nd Ave. Okeechobee, Florida 33472 RE: Extra Work on S.E. 8th & S.E. 3rd. 1454 Sq. Yds. Culdesacs and Roads 11” Asphalt Paving @ $ 5.00 per sq. yd. - $ 7,270.00 Patching on Culdesacs TOTAL EXTRA WORK Total from Previous Work TRANSPORTING MATERIALS 1,300.00 S 0.00 $ 8,750.00 19,661.00 $ 28,231.00 1 off • TYPE 111 INVOICE (C) CREDIT MEMO WI DEBIT MEMO (X1 CONTRACT PAYABLE • N O CO • W 0 O 04 5• 0 20 CO CC mm -4 og fn 2 -4 c 2n C= C mm m0 xy m 33 DO 3) OD Z� • C 00 cc Z -4 A 20 D-4 L7m m7C N 0"' 2 C..4 VOIti01d '338OHD33 )4O 3390H333)10 10 A113 GNn3 1V1:13N39 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO: 86- 224 -CA CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) Plaintiff, ). vs. ) JESSIE M. JOINER, QUALITY PAVING ) OF FT. MYERS, INC., and J.J. ) ZAYTI TRUCKING, INC., ) Defendants. ) ORDER THIS CAUSE having come on to be heard this 1st day of August, 1986, upon Defendant's, J.J. ZAYTI TRUCKING, INC., Motion for Rehearing, Defendant's, JESSIE M. JOINER, Motion to Dismiss and Plaintiff's, CITY OF OKEECHOBEE, Motion for Approval of Interpleader, and the Court having heard argument of counsel for all parties, reviewed the Court file and Statutes, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED 1. THAT as attorney for Defendant JOINER having withdrawn his Motion to Dismiss and having adopted the argument of the Plaintiff, said Motion is hereby determined to be moot. 2. THAT Defendant ZAYTI's Motion for Rehearing is hereby denied. 3. THAT the Plaintiff's Motion for Approval of Interpleader is hereby granted and the Court decrees an Interpleader of the funds presently held in the registry of the Court and said funds shall remain in the registry pending further Order of Court. 4. THAT the CITY OF OKEECHOBEE as stakeholder, having interpled the amount in controversy into the registry, is hereby dismissed from this cause of action and all claims relative to the $7,400.00 are transferred to the fund now held in the registry of • the Court and the Plaintiff is released from further liability with regard to the funds in controversy. 5. THAT the award of attorneys' fees and costs shall be determined and assessed by separate motion. DONE AND ORDERED this _L' day of August, 1986, at Okeechobee, Okeechobee County, Florida. Isl WILLIAM L. HENDRY WILLIAM L. HENDRY Circuit Judge Copies/furnished to: ohn D. Cassels, Jr., Esquire Lester W. Jennings, Esquire John A. Gentry, Esquire IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO: 86- 224 -CA CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) Plaintiff, ) vs. ) JESSIE M. JOINER, QUALITY ) PAVING OF FT. MYERS, INC.,and ) J.J. ZAYTI TRUCKING, INC., ) Defendants. ) MOTION FOR ATTORNEY'S FEES COMES NOW the Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, by and through its undersigned attorney and moves this Court for an award of attorney's fees from the res presently held in the Registry of the Court and would show as follows: 1. THAT on August 14, 1986, this Court approved an interpleader allowing the City of Okeechobee as stakeholder to interplead funds in controversy and claimed by JESSIE M. JOINER, QUALITY PAVING OF FT. MYERS, INC., and J.J. ZAYTI TRUCKING, INC. 2. THAT said Order reserved as to the determination of costs and attorney's fees which was to be heard upon separate Motion. WHEREFORE, Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, moves that this Court award a reasonable attorney's fee to the Plaintiff to be charged from the funds held in the registry of the Court. Law Office of JOHN D. CASSELS, JR. D. CASSELS ttorney for . Thtiff 400 Northwest 2nd Street Post Office Box 968 Okeechobee, Florida 33472 (813) 763 -3131 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to LESTER W. JENNINGS, Esquire, Post Office Box 237, Okeechobee, Florida 33473, and JOHN A. GENTRY, III, Esqu re, 707 North Flagler Drive, West Palm Beach, Florida 33401, this x4,4 day of September, 1986. I !REGULAR MEETING TUESDAY, FEBRUARY 4, 1986 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida, at 2:00 P.M. with the following Councilmembers present: Mayor Oakland R. Chapman Councilman Andy Rubin Councilman Edward Douglas Councilman Nick Collins Councilman Oscar Thomas, absent Others present were: Bonnie S. Thomas, City Clerk Milton Davis, Administrative Assistant Jerry Bryant, City Attorney L.C.Fortner, Jr., Public Utilities Director Rehmund Farrenkopf, Police captain Keith Tomey, Fire Chief Chuck Elders, Director of Public Works Lydia Jean Wilkerson, Deputy Clerk Sylvia Firestine, Adm. Secretary AGENDA ITEM #II AND III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend C.R. Kilgore, Pastor of the Okeechobee Church of God, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF THE MINUTES Mayor Chapman asked if there were any additions or deletions to the minutes of the Regular meeting of January 21, 1986. There being no additions or deletions the minutes were approved as presented. Proclamation - Space Shuttle Challenger Mayor Chapman read the proclamation as follows: WHEREAS, the crew Members of the Space Shuttle Challenger: Gregory Jarvis, Christa McAuliffe, Ronald McNair, Ellison Onizuka, Judith Resnick, Francis Schobee, and Mike Smith gave their lives Tuesday, January 29, 1986, for the benefit of mankind, and WHEREAS, their brave and courageous quest for answers to science through the space program, have already and will continue to be of great benefit to the life, health, and welfare of all of the people, and WHEREAS, the citizens of the City of Okeechobee, Florida wish to take part in remembering the Shuttle Crew as aforementioned for their bravery and courage given to this country and for their service to our country, NOW, THEREFORE, BE IT RESOLVED that I, Oakland R. Chapman, Mayor, and Members of the City Council of the City of Okeechobee, Florida, wish to join with our citizens, and offer our expressions of sincere sympathy and heartfelt condolences to each of the families of these great Americans. Councilman Douglas made a motion to adopt the proclamation as read by Mayor Chapman. Councilman Collins seconded the motion. Motion carried. AGENDA ITEM #V - APPEARANCES a. Attorney John Cassels, representing Farina Enterprises, to discuss the use and expense of the lift station which will be installed at the Sun Plaza. Attorney Cassels explained to the council that Farina Enterprises was installing a large lift station on South 441 which would benefit the surrounding area customers and future businesses within the area. The Sun Plaza Project will be using 800 gallons per day. He asked the Council if some formula could be provided by the City causing new users connecting to the lift station within the next 24 months bear a portion of the initial cost of the lift station. Mayor Chapman asked Director Fortner what type of agreement was used concerning the lift station at the Florida Palm Trailer Park. Director Fortner stated that he would have to find out how long the agreement was for and report back to Council. Louncilman Collins suggested Director Fortner work out the formula to be used in the agreement and return it to the Council. Attorney Cassels stated it would only take 10 minutes for the agreement to be completed, if they could return it to the Council in a few minutes for approval. Council agreed for the agreement to be completed so everyone connecting to the lift station will have to pay their share of the lift station. b. Mr. Jim Broome with partial pay requests Nos. 12 and 13 for Taddie Construction. Engineer Broome stated pay request No. 12 in the amount of $4,812.75 and No. 13 in the amount of $25,821.90 were ready to be paid pending FmHA's approval. Councilman Collins made a motion to approve pay request No. 12 and No. 13 for Taddie Construction. Councilman Douglas second the motion. Mayor -Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin yes. Motion carried. CONT'D. a. Attorney John Cassels, representing Farina Enterprises, to discuss the use and expense of the lift station which will be installed at the Sun Plaza. Attorney Cassels explained the wording of the agreement he and Director Fortner just completed at Council's request. Councilmembers agreed for Attorney Cassels to draw up an agreement for the businesses to sign to help pay for the lift station at the Sun Plaza. Councilman Collins made a motion that tentative approval be granted to Attorney Cassels to draw up the necessary agreements, final approval in two weeks. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin yes. Motion carried. Director Fortner stated the Florida Palm Trailer Park lift station agreement was for eight years. AGENDA ITEM #VI - COUNCIL DISCUSSION AND APPROVAL OF AN AGREEMENT WITH BROOME, VAN OSTRAN AND ASSOCIATES, INC. TO PREPARE PLANS FOR EXPANSION OF THE WASTEWATER TREATMENT PLANT AND AUTHORIZATION FOR THE UTILITY DEPARTMENT TO FILE A PREAPPLICATION, FOR GRANT FUNDS, WITH THE DEPARTMENT OF ENVIRONMENTAL REGULATION. Director Fortner stated the committee's recommendation was that the City enter into an agreement with Broome, Van Ostran and Associates, Inc., to prepare the plans for the expansion of the wastewater treatment plant. Director Fortner requested authorization to file a pre - application for grant funds, 55% funding, with the Department of Environmental Regulation. Councilman Rubin made a motion to uphold the recommendation of the committee, entering into an agreement with Broome, Van Ostran and Associates, Inc., to prepare plans for the expansion of the Wastewater Treatment Plantand authorization for the Utility Department to file a preapplication for 55% grant funding with the Department of En- vironmental Regulation. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin yes. Motion carried. The completed agreement will be presented to the Council for approval. AGENDA ITEM #VII - DISCUSSION AND ACTION BY COUNCIL TO AUTHORIZE USE OF THE CONSULTANT'S COMPETITIVE NEGOTIATION ACT TO SEEK PROPOSALS FOR PREPARING PLANS OF THE CITY'S WATER AND SEWER SYSTEMS, AS RECOMMENDED BY THE DEPARTMENT OF ENVIRONMENTAL REGULATION. Director Fortner suggested the City stay within the City limits at this time for the water and sewer systems, as recommended by the Department of Environmental Regulation. Following discussion, Councilman Douglas made a motion authorizing Director Fortner to advertise for engineers. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin abstained from voting. Mayor Chapman yes. Motion carried. AGENDA ITEM #VIII - DISCUSSION AND ACTION BY THE COUNCIL TO AUTHORIZE INSTALLATION OF WATER LINES IN ELMIRA SOL SUBDIVISION; PREPARATION OF PLANS NECESSARY TO MAKE APPLICATION FOR THE DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT TO INSTALL THE WATER LINES. Director Fortner explained there were approximately 44 proposed service connections in the Elmira Sol Subdivision. Approximately $13,750. will be received for the system capacity charges. The material will cost approximately $11,000. Following discussion, Councilman Douglas made a motion authorizing the installation of the water lines. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin yes. Motion carried. Director Fortner informed the Council that Leo Blair, the owner of the Mobile home trailer park requesting City water and sewer has signed the annexation agreement. MEETING RECESSED AT 2 :58 P.M. MEETING RE- CONVENED AT 3 :10 P.M. AGENDA ITEM #IX - ACTION BY THE COUNCIL TO RATIFY THE EFFECTIVE DATE OF THE HARTE -HANKS CABLE TELEVISION FRANCHISE Attorney Bryant stated ratification of the effective date of the Harte -Hanks Cable Television franchise agreement was needed by the Council. The previous franchise agreement will be in effect until July 1, 1986. Councilman Douglas made a motion to ratify the effective date of the Harte Hanks Cable Television franchise agreement being July 1, 1986. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman t.ollins yes, Councilman Douglas yes, Councilman Rubin no. Mayor Chapman voted yes. Motion carried. AGENDA ITEM #X - MAYOR CHAPMAN TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL. Mr. Ed Ellsworth addressed the Council requesting that the Exchange Club be allowed to install a "Freedom Shrine" in the memorial park. The Exchange Club agrees to build and maintain the shrine. Council discussed the Veteran's Memorial monuments being moved to the center of the park. Following discussion, Council agreed to the Freedom Shrine being constructed in the park, as long as the Exchange Club works with the American Legion and Adm. Asst. Davis in the placement of the shrine. AGENDA ITEM #XI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REQUESTS Clerk Thomas presented the warrant registers for Louncil's approval. Administrative Assistant Davis began the discussion on the possibility of a change order for the paving of S.E. 8th Drive and 3rd Street. The cost will be approximately $26,000. Taddie Construction Company presently has $6,000. for the paving of these streets. Engineer Broome stated they could begin negotiations with Taddie Construction Company on the paving of these streets, but there were certain procedures to be taken, also time extensions needed to be considered. Attorney Bryant suggested the Council receive certain answers involving time extensions before any action was taken. Council agreed that Attorney Bryant contact Attorney Bull concerning the time extensions and report back to Council. Administrative Assistant Davis asked the Council if they wished to make any decisions concerning Director Fortner's request for payment of 270 hours of vacation time. Director Fortner feels it is not possible for him to take this time off and since he is accumulating additional vacation time each month, he has requested payment for these hours. Following a lengthy discussion concerning the payment request, Councilman t.ollins made a motion that Director Fortner be paid for his 270 vacation hours. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin no, Mayor Chapman yes. Motion carried. Administrative Assistant Davis asked the Council if they wished to take any action on the ordinance concerning delinquent water bill accounts,(possibly changing the number of days to 15 before the account is shown to be late). Following a lengthy discussion, Council agreed that Director Fortner, Administrative Assistant Davis, Clerk Thomas and Attorney Bryant work out a system for the delinquent account and bring the information back to the Council. Mayor Chapman asked Adm. Asst. Davis to write Mr. Julian Leggett a letter stating that he must comply with the ordinance concerning the utility deposit upgrade. Councilman Collins requested the Council have a workshop meeting set to discuss the paving of City streets and a master drainage plan for the City. Council agreed that the Workshop meeting be advertised for Tuesday, February llth, at 2 :00 P.M. Councilman Douglas made a motion to approve the warrant registers as presented to the Council. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas yes, Councilman Collins yes. Councilman Rubin yes. Motion carried. Councilman Rubin stated that ordinance number 359 needs the title of Director of Public Works changed to read Director of Public Utilities. Councilman Rubin suggested the City contact the School Board concerning the buses being re- routed to Highway 441 because they are tearing up the paved streets. Councilman Rubin asked that the Police Department start writing more tickets for those people parking in the handicapped parking spaces. Engineer Broome addressed the Council, presenting his contract for Phase II of the expansion of the Wastewater Treatment Plant. After discussion, Councilman Collins made a motion to tentatively approve the agreement, pending Attorney Bryant's approval and Council's final approval. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin no. Mayor Chapman yes. Motion carried. AGENDA ITEM #XII - ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 5:55 P.M. MAYOR OAKLAND R. CHAPMAN ATTEST: BONNIE S. THOMAS, CMC CITY CLERK REGULAR MEETING TUESDAY, FEBRUARY 18. 1986 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida, at 2:00 P.M. with the following Councilmembers present: Mayor Oakland R. Chapman Councilman Andy Rubin Councilman Edward Douglas Councilman Nick Collins Councilman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Milton Davis, Administrative Assistant Jerry Bryant, City Attorney L.C.Fortner, Jr., Public Utilities Director Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Director of Public Works Lydia Jean Wilkerson, Deputy Clerk Sylvia Firestine, Adm. Secretary AGENDA ITEM #II AND III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Leland Bond, Pastor of the Christian Day Baptist Church, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF THE MINUTES No minutes presented for approval. AGENDA ITEM #V - MAYOR OAKLAND CHAPMAN PROCLAIMING FEBRUARY 23RD THROUGH MARCH 1ST. 1986. ROTARY AWARENESS WEEK Mayor Chapman read the proclamation as follows: Mr. Ron Dawson, President of the Rotary Club was not present at this time to receive the proclamation. Coouncilman Douglas made a motion that the proclamation be adopted. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas yes, Councilman Collins yes, Councilman Rubin yes, Councilman Thomas yes. Motion carried. AGENDA ITEM #VI - COUNCIL DISCUSSION AND FINAL APPROVAL OF AN AGREEMENT WITH BROOME, VAN OSTRAN AND ASSOCIATES, INC., TO PREPARE PLANS FOR EXPANSION OF THE WASTEWATER TREATMENT PLANT Engineer Broome presented the agreement to the City Council for final approval. Council asked Attorney Bryant if he had approved the agreement. Attorney Bryant suggested the Council have the arbitration clause removed from the contract, by using the court system it would be less expensive to settle a case. Council agreed the arbitration clause be deleted from the contract. Following discussion, Councilman Collins made a motion giving Engineer Broome approval to begin work on the plans for Phase II of the WasteWater Treatment Plant. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas yes, Councilman Collins yes, Councilman Rubin yes, Councilman Thomas yes. Motion carried. Councilman Thomas made a motion to have number 7.5 deleted from the agreement with Broome VanOstran and Associates. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas yes, Councilman Collins yes, Councilman Rubin yes, Councilman Thomas yes. Motion carried. AGENDA ITEM #VII - REPORT PRESENTED TO COUNCIL. BY JIM BROOME. ON THE NEGOTIATIONS WITH TADDIE UNDERGROUND UTILITY COMPANY Engineer Broome stated that he, Director Fortner, Steve Figley and Adm. Asst. Davis had a meeting with Taddie Construction Company and had a conceptual agreement wherein they would work off a credit on damaged streets, densitys, grades, etc. Engineer Broome stated they would like to take the money for these jobs and put requests for bids out for other contractors. The City is presently withholding 1/2 million dollars. Following discussion, Council agreed with crediting Taddie Construction Company and place the jobs out on bids. Attorney Bryant suggested Engineer Broome contact Attorney Bull concerning the changes to be made in Taddie's contract with the City. Engineer Broome presented a map to the Council showing the road to be resurfaced and paved. Council discussed the various streets to be paved, etc. Councilman Thomas suggested the Council ask Taddie Construction Company to appear before them at the next regular meeting. Mr. Jack Williamson addressed the Council requesting they consider allowing the Okeechobee Contractor's Association to construct a park area on the property where the old sewer plant is presently located, once the old sewer plant building is removed. Council discussed the request and agreed to check into the possibility of having a park erected in this area. Proclamation - Rotary Week Mayor Chapman presented the proclamation to Mr. Ron Dawson, President of the Okeechobee Rotary Club. MEETING RECESSED AT 3:20 P.M. MEETING RECONVENED AT 3:35 P.M. Administrative Asst. Davis stated that S.E. 3rd Street and 8th Avenue was ready to be paved, but due to breakage of old water lines, paving would be held up until all lines was repaired or replaced. Councilman Douglas asked if the City had adopted any paving specifications for the City streets. Adm. Asst. Davis stated it was in rough draft form at this time, ready to be typed. It would be presented to the Council as soon at it was typed. Councilman Rubin asked if the Council had adopted a weight limit on City streets. Director Fortner stated that nothing has been finalized at this time. Councilman Rubin stated that the ditch at 712 S.W. 7th Avenue needed to be cleaned out. Councilman Rubin asked if the Council was going to take any action on the paving list discussed at the workshop meeting. Adm. Asst. Davis explained the Council has not decided just what they wished to do on paving City streets at this time. Mayor Chapman stated that he felt the paving schedule should not be changed at this time since it has been advertised in the newspapers, etc., the citizens were expecting their roads paved as the Council had previously agreed. Councilman Collins stated the purpose of the workshop meeting was to discuss the possibility of paving all of the City streets at one time instead of paving a few streets each year. Councilman Rubin stated that he could not see the City borrowing the money to have all of the streets paved at one time. Mayor Chapman questioned the possibility of a fence being installed at the water tower on S.W. 3rd Avenue to discourage people from climbing the tower and vandalizing it. Council agreed. Director Fortner stated that he could request bids and have the fence installed as soon as possible. Mayor Chapman asked if anything could be done concerning semi's turning in the alley located behind Wherrell Auto Parts, knocking down posts that have been put up to keep the large trucks from entering the 15 ft. alley. Council discussed the problem and agreed that Adm. Asst. Davis contact the owner of Wherrell Auto Parts and try to have the problem corrected. Mayor Chapman asked when the traffic light on S.W. 5th Avenue would be installed. Director Fortner stated the traffic light would be installed the middle of next month. Steve Fiale' updated the Council on the situation at Fat Johnny's Restaurant. Council agreed to the City paying a total of $300. AGENDA ITEM #X - ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 4 :25 P.M. MAYOR OAKLAND R. CHAPMAN ATTEST: BONNIE S. THOMAS, CMC CITY CLERK REGULAR MEETING TUESDAY, MARCH 4, 1986 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida, at 2:00 P.M. with the following Councilmembers present: Mayor Oakland R. Chapman Councilman Andy Rubin Councilman Edward Douglas Councilman Nick Collins Councilman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Milton Davis, Administrative Assistant Jerry Bryant, City Attorney L.C.Fortner, Jr., Public Utilities Director Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Director of Public Works Lydia Jean Wilkerson, Deputy Clerk Sylvia Firestine, Adm. Secretary AGENDA ITEM #II AND III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend John E. Cureton, Pastor of the New Hope Church of God in Christ, followed by the Pledge of Alle- giance. AGENDA ITEM #IV - APPROVAL OF THE MINUTES Councilman Rubin expressed concern about discussion being left out of the minutes of the last meeting, February 18, 1986, where Mayor Chapman stated he cut the lock from a meter that had been sealed by the Director of Public Utilities. Councilman Rubin requested this discussion be put into the minutes. Discussion ensued as follows: Councilman Rubin: Yes Mr. Mayor, you are going to have to bear with me. At the bottom of page 2, where Rubin abstained from voting, the reason I did was I had to research it. My researching now - I want no in there. At the bottom of page -- there are no numbers here -- but number 3, I researched that too, of course it has already passed but I just want to get this in. L.C. Fortner - I've researched too, last vacation two weeks in 1984 last week in December and last week in December in 1985. I just want to put that in there cause there was a big controversy. I'm sorry L.C.,I had to put that in there, but the thing of it is, I did tell this board that it all was going to come back, all of the department heads can do the same thing. Thank you. Now this is February 4th - Workshop. In the packet with the ordinances 7 -8, 7 is on here I'm pretty sure. All 7 that I have been hollering about for the last 5 years and thank God we got them in the book. We need a couple more, Jerry if I can help you I'll do; it after the meeting some other day. But I think there is not enough said into these yet. I think the ordinances are very good except their leaving certain people out section 18 -3, Mayor - lets get back to the minutes.... Councilman Rubin: On the other- February 4th, in between - I have to get my own - Gentlemen, mine are not marked, page number 4, Adm. Asst. Davis asked the council if they wished to make an ordinance on delinquent water bills. In between there and in between Councilman Collins requested a workshop there was a lot discussed at this council meeting and to the audience that's not in these minutes whatsoever. Now I dont care if you pass a law or your own majority of council to reduce it get it in here. In that page on that page our mayor discussed with L.C. Fortner took bolt cutters on January 1st, 1986, Mayor Oakland Chapman took bolt cutters and cut a lock off a water meter that had been sealed by Director of Utilities. Because it was hooked the department paying his monthly bills. This is a violation of the state, city and all. He also told the Director of Utilities to keep his hands off. Mayor Oakland Chapman admit this at a City meeting on February 4th. Mayor - Andy let's don't start this right meeting. Councilman Rubin - So - I have to - this the minutes - I've got one more thing. at the beginning of the is the minutes. It's in Mayor - Well then let's get on with it. Councilman Rubin - So at this time because of public sentiment, public trust, on distroying public property, I make this motion, that Mayor Chapman step down from his Mayor's office until all of this matter is cleared up. Mayor - Attorney motion. You've heard the motion - is there a second? Bryant - Mr. Mayor - I don't know if thats a proper Councilman Rubin - Why isn't it proper? Attorney Bryant - You move for the mayor to do something voluntarily, what you want is the Council to vote the mayor down from his office. Councilman Rubin - litigation. Attorney Bryant - You are either requesting the mayor to voluntarily step down or you are asking the Council to vote him down. You need to clear that up. Councilman Rubin - whats - if its not seconded or if he don't step down its going to Tallahassee so somewhere its going to have to be in order. Mayor - Mr. Rubin, I'm not planning on stepping down. It can go to Tallahassee, you can go with it. Councilman Rubin - I will. Tommorrow. Mayor - That's fine - I don't care if you stay. So let's get finished with the minutes. Gentlemen - Councilman Rubin - Am I going to get those minutes - get that inserted Mrs. Thomas? Like the law requires. Mr. Attorney would you please. Attorney Bryant - Mr. Rubin, first of all are you asking that the minutes be amended to add some mention of the discussion .. Councilman Rubin - do you want me to play the tape. Do you want me to go play the tape. Deleted completely from the minutes. Attorney Bryant - OK, first of all the minutes do not include every detail.. Councilman Rubin - the tape does... Attorney Bryant - And the tape is an official record. Councilman Rubin - right,and I heard it all. Attorney Bryant - But it is not necessary for the Clerk to retype every word from the tape into the minutes. Councilman Rubin - we are not talking about everything - we are talking about one thing was out completely. Attorney Bryant - OK so what you are doing is Councilman Rubin - condense it and put it back in there Attorney Bryant - if I might finish I'll find out what it is you want to do and maybe we can do it. Councilman Rubin - I just told you. Attorney Bryant - If I... Councilman Rubin - When you had a discussion with the mayor last meeting... Mayor - Mr. Rubin - let him finish what he is trying to say. Attorney Bryant - If I understood it I wouldn't be asking. If you will just kindly listen.. Councilman Rubin - I'll listen to you, go ahead and I'll have the floor. Attorney Bryant - Are you asking or moving that the minutes be amended to include mention of the discussion between the Mayor and L.C. Fortner and the Council in regards to the Mayor's cutting of the lock of the meter of Julian Leggett? Councilman Rubin - and your discussion with it. Attorney Bryant - what do you propose that they put in the minutes - exactly? Councilman Rubin - the rightful thing - what went on. There was discussion between you and the mayor and between L.C. Fortner and the mayor, it was not in there at all. Attorney Bryant - OK you need to make a motion to insert a particular clause in the minutes. Councilman Rubin - exactly right. Thats what I did. Attorney Bryant - OK what particular clause - you need to state it. Councilman Rubin - you just now said it. The discussion between the mayor and you and discussion between L.C. Fortner and the mayor. L.C. Fortner even stood up. Am I right? Attorney Bryant - is it a fair statement that what you are asking the Council to do is to amend the minutes to include the statement that there was discussion.. Councilman Rubin - on a cutting of a public property, yes a lock. Attorney Bryant - regarding the mayor cutting the lock on Julian Leggett's water meter.. Councilman Rubin - exactly. Attorney Bryant - after the Director of Public Utilities placed it there for Mr. Leggett's failure to upgrade his utility deposit? Councilman Rubin - exactly. Attorney Bryant - I think thats all that your motion needs to state at that point. Then we will need to have a vote on that. Councilman Rubin - thats why I made it - its not in here. Otherwise I cannot vote for these minutes. Mayor - OK gentlemen, you have heard the motion that Mr. Rubin supposedly has made, is there a second to his motion? Councilman Douglas - Mr. Chairman,may I ask the Clerk a question in reference to this? Do you, unless there is action by the Council on some item do you always put everything in there that is discussed? Clerk Thomas - absolutely not. There is no way that we can pick and choose or imagine just what one particular Councilman might think is more important than the other. The best thing to do if you want to do that is to print them verbatim - word by word. The board has already said that they didn't want to do that. Minutes are not supposed to be interesting reading. Newspapers are supposed to be interesting reading. But your minutes are recordings of action taken by the City Council creating historical facts, having to do with the good government of the City and it's progression and growth. This is what your minutes are required to state, and do. Councilman Douglas - But the tape is considered the permanent record. Clerk Thomas - if anyone wants to make a complaint, at the end of every set of minutes, it is documented in the minute book that there is a true and complete copy of the minutes on tape on file in the Clerk's office. Those tapes can be kept for 2 years and then can be distroyed, but we have all of the tapes. Councilman Rubin - Mrs. Thomas - Mr. Mayor - Mrs. Thomas - may I ask a question? Mayor - go ahead. Councilman Rubin - Is it your policy of not condense it - put it in. This has not even been put in. You condense quite a few here and inserted it in. Why wasn't that particular thing we discussed put in for over 20 minutes not even condensed and put in there? Clerk Thomas - well this is a statement made by the Mayor as I understood it, it didn't have any particular bearing on any particular agenda item by the City Council, am I correct? Councilman Rubin - no.. Clerk Thomas - what action did the Council take? Councilman Rubin - I think from the floor someone said - I don't whether Steve Figley or L.C. asked the Mayor if he cut the lock - someone asked it. Mayor Chapman - no, no, no it did not. Councilman Rubin - mayor its still not in here, thats what I'm trying to say. Not even condensed. Not - nothing - not one word, it should have something. Mayor - Mr. Rubin - Attorney Bryant - putting on my parlamentarian hat, Roberts Rules of Order Revised, Section 33 states that minutes are usually amended or corrected informally - the chair directing the correction to be made when suggested. If objection is made a formal vote is necessary for the amendment. It appears from the reading of Roberts Rules of Order that Mr. Rubin is suggesting that we amend the minutes to include this. The Mayor as Chairman of the meeting can direct that the correction be made just upon the suggestion, however, if there is an objection from anyone on the Council to that correction then it will take a formal vote. I would at this point advise the Mayor to either direct that the minutes be corrected as suggested by Mr. Rubin or entertain the objection that anyone else of the Council might have. I feel this would be the proper procedure rather than Mr. Rubin making a formal motion to correct them. Mayor Chapman - does anyone from the Council have anything to make any comments on? Councilman Collins - yes - we have already discussed this before and our tapes down there are official records of the Council meetings, and going with what the Clerk says - there is not much point in putting every little detail in these minutes when all you have to do is go down there and copy it. It's there for anybody that wants it. So I think we are up here wasting a lot of time. You can get a copy of it anytime you want it by going down there and making a copy. Councilman Rubin - I have the tape Mr. Mayor and I can play the tape but what I'm discussing here is one subject of all of these minutes wasn't even put in there. At all. Why did you skip one article without a word. Mayor Chapman - It doesn't bother me one bit if you put it in the minutes. Because I haven't done anything that I've been ashamed of, I had a reason to do what I did, and because before nobody has really seemed to be too concerned about the residents of our community here so we brought it up before and couldn't get a change so the reason I did that - let me also explain something too - I had Mr. Davis to go up and talk to L.C., I know this is running on time but let me finish I would like to say something on my behalf, he went up to talk to L.C. I asked Mr. Davis to ask him to hold off until we brought it before the council. That's exactly what I said and Mr. Davis can verify he went up there, and my understanding was that L.C. didn't say yea or nay. So I took it that was what that happened. So I think the Adm. Asst. is over all, the handbook tells us, over all department heads and that's the way I looked at it. So I felt that in order to get something brought up getting a change, which should have already been changed, all I'm trying to do is be concerned not for one resident but for all residents. This is not my , y case, I'm sure there is other people called on before. I adm •-sly, at the meeting, on my own, nobody caught me, I could have 1 -d about it, like some people does, but I'm not going to lie about something as small as that. I'm not going to cause a stink on that. I think I am a bigger man than that. Soyif you - I have no objections if you want to add them into the minutes. It's up the council. Councilman Collins - I object to them being added in the minutes, therefore it has to come to a vote. Councilman Thomas - I object too. I don't think it is necessary, I probably would have done the same thing. Mayor Chapman - Mr. Douglas? Councilman Douglas - Mayor Chapman - Am I correct,Mr. Davis about what I just said, you to go talk to L.C. and I understood you that he didn't make no comment one way or the other. Adm. Asst. Davis - that's right. Mayor Chapman - I felt like the courtesy of the Council to have the right to decide one way or the other. I wasn't trying to hide nothing I don't plan on trying to hide nothing. Attorney Bryant - Mr. Mayor, since there is objection to the amendment of the minutes, if Mr. Rubin now wishes to raise his motion to make the amendment it would be in order at this time. Mayor Chapman - Mr. Rubin. Councilman Rubin - I will not amend it. I just got the ruling that all the rest of the Council says no. Am I correct? I didn't get Mr. Douglas'. Councilman Douglas - correct. We have the permanent record... Councilman Rubin - then I'll vote on one other thing, the majority of the Council's actions that that was done. Now since Roberts Rules of Order were brought up by our attorney going back on the one page we had from 2 weeks ago where Keith, our Fire Chief, needs to be corrected a few things, it says at the bottom that all members agreed except for Councilman Rubin, Rubin said no. It was to Roberts Rules of Order. As it was brought up today to keep the meeting going by our attorney he used the Roberts Rules of Orders I've got it right here myself. What I happen to be now showing you is the Bible. And in that Bible is the Ten Commandments, and when this Council with my no gave the OK for two of our officials here to dip what they can get out of here and use it. Go back to the Bible again. You've got the Ten Commandments, you gonna go to church, walk in that church and hold your Bible up and say I have selected seven, three of them I went and throw out the window. That's the same thing here. You would be on very thin ice if you just pick out the rules over here. If the City goes to court they will loose every time. Thats all I've got to say. Roberts Rules of Order your lands law. Mayor Chapman - OK lets get back to our minutes. Councilman Rubin - Thank you. I'll make the motion to accept the minutes of 4 and the workshop, I'm sorry 6th, Mayor Chapman - you've heard the motion.. Councilman Rubin - the two except where uh the 4th where that's supposed to be inserted in there I will make a motion for all but that. Mayor Chapman - All but February 4th? Councilman Rubin - yes sir. Mayor Chapman - Do I have a second to this? Councilman Douglas - Mr. Chairman I'm not sure I understand the motion. Mayor Chapman - explain it again. Councilman Rubin - You have three meetings, one workshop and two regular meetings from way back. I'll make a motion that we adopt everything except that cause this council did not want to accept it so I cannot vote on it. Therefore I want to vote on the other two and I want to vote yes and no on February 4th. That's all. That's nothing bad. It's where page 4 was with our attorney and Director of Utilities and Mayor were having their discussion. Mayor Chapman - We have February 4th, and 18th and Workshop February llth which is not that far back, the clerk wanted me to put that in. Councilman Rubin - I said I'll vote yes on everything until that gets inserted that particular item. Mayor Chapman - do I have a second to that motion? Again I ask, do I have a second to that motion? Motion dies for lack of a second. Now gentlemen, can I have another motion to adopt these minutes? Councilman Collins - I so move. Mayor Chapman - it's been moved by Councilman Collins to adopt these minutes as is. Is there a second? Councilman Thomas - second. Mayor Chapman - it's been seconded by Councilman Thomas. Anymore discussion? Councilman Douglas - on the one correction that Councilman Rubin abstained from voting, I don't know if this is correct procedure, he said he wanted that changed from abstention voting to a no vote. If that is in order I would like to vote for the approval of the minutes with that amendment. Attorney Bryant - my gut reaction is that is not proper. Two weeks later to change your vote. Do you want to give me some time to look? If you would give me time to look it up I'll be glad to do that. Mayor Chapman - Any more discussion? All in favor of the motion say Aye. Councilmen Thomas, Collins, Douglas - Aye. Mayor Chapman - those opposed? Councilman Rubin - no. Mayor Chapman - motion carried. Minutes approved as presented. Following discussion concerning amendments to the minutes, Councilman Collins made a motion to approve the minutes of February 4th, llth and 18th meetings as presented. Councilman Thomas seconded the motion. Vote on motion: Councilman Collins yes, Councilman Thomas yes, Councilman Rubin no, Councilman Douglas yes. Motion carried. AGENDA ITEM #V - REVEREND JOHN E. CURETON. PRESIDENT OF AGRICULTURE ENTERPRISES CORPORATION TO REQUEST COUNCIL'S PERMISSION TO NAME A DAIRY FARM. HE PROPOSES TO ESTABLISH IN BURKINAFASO, WEST AFRICA, AFTER THE CITY OF OKEECHOBEE Reverend Cureton appeared before the Council to request permission to name a 44,000 acre dairy farm in West Africa after Okeechobee. Councilmembers agreed that it would be an honor to have the farm named after Okeechobee since some of the cattle and workers were from the Okeechobee area. AGENDA ITEM #VI MR. BOB CALVERT. CALTRONIX COMMUNICATIONS. OF INDIANTOWN. TO REQUEST COUNCIL'S APPROVAL OF A CABLE TELEVISION FRANCHISE FOR THE AREA OF THE CITY IN WHICH HARTE -HANKS DOES NOT OFFER SERVICE Mr. Bob Calvert was not present. AGENDA ITEM #VII - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE BY CHANGING DIRECTOR OF PUBLIC WORKS TO DIRECTOR OF PUBLIC UTILITIES; PROVIDE REGULATIONS RELATIVE TO UTILITY DEPOSITS FOR COMMERCIAL ACCOUNTS AGENDA ITEM #VIII - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE BY CHANGING THE TITLE OF CITY ADMINISTRATOR TO ADMINISTRATIVE ASSISTANT; CHANGING PUBLIC WORKS DEPARTMENT TO PUBLIC UTILITIES DEPARTMENT AGENDA ITEM #IX - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE BY CHANGING THE TERM "DIRECTOR OF PUBLIC WORKS" TO READ "DIRECTOR OF PUBLIC UTILITIES OR OTHER DESIGNEE AS PROVIDED BY THE CITY COUNCIL ". CHAPTER 18. ARTICLE I. SECTION 18 -3. 18 -25. 18 -28 AGENDA ITEM #X - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOB CHANGING THE CLAUSE "DIRECTOR OF PUBLIC WORKS" TO READ "DIRECTOR OF PUBLIC UTILITIES OR OTHER DESIGNEE AS PROVIDED BY THE CITY COUNCIL. CHAPTER 18. ARTICLE I. SECTION 18 -4 Following a discussion concerning questions raised as to whether there was duplication of some ordinance provisions and ambiguous wording in the ordinance concerning deposit upgrades, Councilman Collins made a motion to have the City Attorney do more research on the ordinances, having them prepared for the agenda for first reading at the next Council meeting on March 18th, 1986. Councilman Douglas seconded the motion. Vote on motion: Councilman Collins yes, Councilman Douglas yes, Councilman Thomas yes, Councilman Rubin yes. Motion carried. MEETING RECESSED AT 3:15 P.M. MEETING RECONVENED AT 3:30 P.M. AGENDA ITEM #XI - COUNCIL DISCUSSION AND ACTION RE ATIVE TO AN EMERGENCY ANIMAL CONTROL FUND AGREEMENT WITH THE HUMANE SOCIETY Mayor Chapman read the proposed agreement. Following discussion concerning the agreement, Councilman Thomas made a motion to approve the Emergency Animal Control Fund Agreement. Councilman Collins seconded the motion. Vote on motion: Councilman Thomas yes, Councilman Collins yes, Councilman Douglas no, Councilman Rubin no, Mayor Chapman yes. Motion carried. JAMES PATTERSON - CDBG GRANT APPLICATION Mr. Patterson addressed the Council congratulating them on receiving notification of approval of their CDBG grant application in the amount of $575,000 and explained some of the procedures to be taken once the funds were received. AGENDA ITEM tXII - CONSIDERATION OF BIDS AND RECOMMENDATIONS FOR THE PURCHASE OF A COMPUTER SYSTEM FOR THE POLICE DEPARTMENT Chief Mobley requested the Council accept the low bid from Monroe Systems of Hollywood, Florida for a computer system in the Police Department in the amount of $17,928.90. Following discussion, Councilman Douglas made a motion to accept the low bid of $17,928.90 from Monroe Systems, contingent upon the City receiving a low interest loan from a local bank. Councilman Thomas seconded the motion. Vote on motion: Councilman Douglas yes, Councilman Thomas yes, Councilman Collins yes, Councilman Rubin yes. Motion carried. Monroe Systems, Hollywood, FL. $17,928.90 Entre Computer Center, Palm Bch.Gardens, F1. $19,915.00 IPTM, Jacksonville, Fi. $26,881.00 AGENDA ITEM #XIII - CONSIDERATION OF BIDS AND RECOMMENDATIONS FOR PURCHASE OF TWO TRUCKS FOR THE WATER DIVISION Director Fortner recommended the Council accept the bid from Okeechobee Motor Company in the amount of $29,568. Councilman Thomas made a motion to uphold the recommendation of Director Fortner by accepting the bid of Okeechobee Motor Company in the amount of $29,568. Councilman Collins seconded the motion. Vote on motion: Councilman Thomas yes, Councilman Collins yes, Councilman Douglas yes, Councilman Rubin yes. Motion carried. Jim Blackman Ford $29,079.21 Okeechobee Motor Company $29,568.00 AGENDA ITEM #XIV - COUNCIL AUTHORIZATION FOR THE COMMITTEE OF L.C. FORTNER. JR.. STEVE FIGLEY AND MILTON DAVIS TO BEGIN NEGOTIATIONS WITH FIRMS OFFERING PROFESSIONAL SERVICES FOR PLOTTING AND RECORDING EXISTING WATER AND SEWER LINES Councilman Douglas made a motion to authorize the committee to begin negotiations with firms offering professional services for plotting and recording existing water and sewer lines. Councilman Rubin seconded the motion. Vote on motion: Councilman Douglas yes, Councilman Rubin yes, Councilman Thomas yes, Councilman Collins yes. Motion carried. AGENDA ITEM #XV - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL{ Jack Williamson explained there were funds available concerning the Comprehensive Plan upgrade to all cities and counties. Mr. Williamson stated that he would request additional information from the Central Florida Regional Planning Council concerning the funds if Council wished for him to. Council agreed. AGENDA ITEM #XVI - MAYOR TO CALL OBI THE CITY CLERK. CITY ATTORNEY. ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR JEOUESTS Clerk Thomas presented the Warrant registers for Council's approval. Administrative Assistant Davis asked the Council for their decision concerning Chief Tomey being compensated for filling the position of Code Enforcement Officer since September 17, 1985. Following discussion by Council, Councilman Collins requested Chief Tomey keep an accounting of his time, for the next two weeks, as Code Enforcement Officer and return the documented time to the Council at the next meeting for further discussion concerning the amount of compensation to be received. Council agreed. Administrative Assistant Davis requested Council's permission to receive a price from Broome, VanOstran and Associates concerning plans for drainage elevations to be drawn up for Block 4, located at N.W. 13th Avenue and 3rd Street. Council agreed. Administrative Assistant Davis stated the Street Paving Specs were completed, and asked if there were any additions or deletions from the Council. Mayor Chapman suggested the Council read over the specs received in their agenda packets and make a decision at the next regular meeting. Administrative Assistant Davis stated that the Police Department had been requested to donate an old radar which was obsolete and no longer used by the Police Department to the High School Baseball Team. Council agreed. Councilman Douglas stated a resolution was adopted by the Florida League of Cities in February requesting the Florida Legislative to be sensitive to the problem of youth unemployment and pass legislation to establish a meaningful youth targeted work program. All members of the Florida League Cities are being requested to extend their support for the resolution. Councilman Rubin made a motion that the City extend their support by writing a letter to the State Representatives in favor of the resolution adopted by the Florida League of Cities. Councilman Collins seconded the motion. Vote on motion: Councilman Rubin yes, Councilman Collins yes, Councilman Douglas yes, Councilman Thomas yes. Motion carried. Councilman Douglas made a motion to approve the Warrant Registers as presented to the Council for approval. Councilman Thomas seconded the motion. Vote on motion: Councilman Douglas yes, Councilman Thomas yes, Councilman Collins yes, Councilman Rubin yes. Motion carried. Administrative Assistant Davis recommended the Council accept the gasoline bid from Gilbert's Oil. Councilman Rubin made a motion to accept the bid from Gilbert's Oil for gasoline. Councilman Douglas seconded the motion. Vote on motion: Councilman Rubin yes, Councilman Douglas yes, Councilman Collins yes, Councilman Thomas yes. Motion carried. 1. Regular gasoline 2. Premium Unleaded 3. Unleaded Gasoline 4. Diesel Fuel #2 5. Motor Oil, series 1 6. Motor Oil, series 3 Gilbert's Oil .55946/gallon .60946 /gallon .55946/gallon .6438 /gallon 22.16 /case 171.47 /drum 23.29 /case 179.88 /drum port Petroleum .710 /gallon .775 /gallon .710 /gallon .753 /gallon 19.74 /case 152.50 /drum 20.34 /case 157.30 /drum Councilman Thomas made a motion to approve the Paving specs as presented by the Administrative Assistant in order for the City to begin paying as soon as possible. Councilman Rubin seconded the motion. Vote on motion: Councilman Thomas yes, Councilman Rubin yes, Councilman Collins yes, Councilman Douglas no. Motion carried. Councilman Rubin made a motion to accept the low bid of $103,967. of Rock -A -Way Construction Company for the S.E. 8th Avenue Bridge. Councilman Thomas seconded the motion. Vote on motion: Councilman Rubin yes, Councilman Thomas yes, Councilman Collins yes, Councilman Douglas yes. Motion carried. Zep Construction, Ft. Myers $143,966.00 Rock -A -Way, Okeechobee $103,967.00 Ridgdill & Son, Clewiston $113,137.71 Mayor Chapman asked Clerk Thomas to check into the possibility of the City getting a loan from one of the local banks to pave all of the City streets. AGENDA ITEM #XVII - ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 6:20 P.M. OAKLAND R. CHAPMAN MAYOR ATTEST: BONNIE S. THOMAS, CMC CITY CLERK EMERGENCY MEETING THURSDAY, APRIL 3, 1986 Mayor Oakland R. Chapman called the emergency meeting to order at 2:00 P.M. with the following Council members present: Mayor Oakland R. Chapman, and Councilmen, Andy Rubin, Oscar Thomas, Nick Collins and Edward Douglas. Others present were: City Clerk Bonnie Thomas, Adm. Asst., Milton Davis. The purpose the emergency meeting was called to discuss payment to J.J. Zayti Trucking for the paving of S.E. 3rd Street and 8th Drive. Mayor Chapman explained there was some question as to the proper procedures for paying J.J. Zayti Trucking, Inc. for paving S.E. 3rd Street and 8th Court in the amount of $28,231.00. Mayor Chapman asked for comments from the Council and Adm. Asst. Davis. Adm. Asst. Davis stated the amount due was for work completed. Councilman Collins explained the situation of the contracts being changed from Taddie to Zayti by reduction change order as advised by Attorney Bull. He further explained that when Zayti began the work, ($26,200.) was the estimated amount needed to complete the job but two cul -de -sacs were not included in contracts plus other things were not included (such as rock, etc.) so the new contract is now $28,231. Sam Joiner, Zayti Representative, explained the work and how it was drained and completed. Councilman Douglas stated the last thing he knew of the situation was the City was going to see Attorney Bull to find out whether the City could let the contract or put it out for bid. He then asked if the City had a signed contract with Zayti and who gave Zayti the authority to begin construction. He went on to say that he could not vote on the payment if it was not legal. It's not the City policy to pay for anything over $3,500. without having requested bids. Adm. Asst. Davis stated that he was getting bid inquiries out when he discovered Zayti was doing the work supposedly by a change order. Mayor Chapman stated that it should have come back before the Council before any construction work began. Councilman Rubin stated that he went to the site and talked to Mr. Joiner and asked him who authorized the streets be paved, and he said that somebody from the City told him to go ahead and finish this job. Councilman Thomas stated that he would like to have the attorney present before he voted on the payment. There were certain questions which needed to be answered before payment is made. He further stated that he was not saying they didn't do a good job nor that they weren't going to get their money, but the Council needed their attorney to advise the Council before any action was taken. Following further discussion, Mayor Chapman explained to Mr. Joiner that the Council needed to wait until the April 15th meeting so they could see what the attorney advises the Council to do. There being no further business to discuss, the meeting was adjourned at 2:54 P.M. MAYOR OAKLAND R. CHAPMAN ATTEST: BONNIE S. THOMAS, CMC CITY CLERK BpGULAR MEETING TUESDAY. APRIL 15, 1986 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida, at 2:00 P.M. with the following Councilmembers present: Mayor Oakland R. Chapman Councilman Andy Rubin Councilman Edward Douglas Councilman Nick Collins Councilman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Milton Davis, Administrative Assistant Jerry Bryant, City Attorney L.C. Fortner, Jr., Public Utilities Director Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Director of Public Works Lydia Jean Wilkerson, Deputy Clerk Sylvia Firestine, Adm. Secretary AGENDA ITEM #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend Belleville, Pastor of the Trinity Assembly of God, followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 1. 1986 There being no additions or deletions, the minutes were approved as presented. AGENDA ITEM #V - PUBLIC HEARING AND ADOPTION OF A RESOLUTION PROVIDING FOR THE CITY AND COUNTY TO PREPARE A JOINT COMPREHENSIVE PLAN Attorney Bryant read the resolution as follows: A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A JOINT PLANNING PROGRAM BETWEEN THE CITY COUNCIL OF THE CITY OF OKEECHOBEE AND THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA FOR THE PREPARATION AND SUBMITTING OF A JOINT REVISED LOCAL GOVERNMENT COMPREHENSIVE PLAN; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY INTERLOCAL AGREEMENT TO IMPLEMENT SUCH PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is reuired by Florida Statutes to prepare and submit to the Department of Community Affairs a revised Local Government Comprehensive Plan, and WHEREAS, the City Council of the City of Okeechobee has determined that it is in the best interest of the City to coordinate the require planning activities with the Board of County Commissioners of Okeechobee County, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: 1. THAT a joint planning program shall be established between the City Council of the City of Okeechobee and the Board of County Commissioners of Okeechobee County for coordination of the planning activities required for the preparation and submitting of a revised Local Government Comprehensive Plan as required by Chapter 163, Florida Statutes. 2. THAT the Mayor of the City of Okeechobee is hereby authorized to execute the,necessary interlocal agreement to implement the joint planning program between the City and the County. 3. THAT this resolution shall take effect immediately upon its adoption. ADOPTED this 15th day of April, 1986. Councilman Rubin made a motion that the resolution be adopted. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin - yes, Councilman Collins - yes, Councilman Thomas - yes, Councilman Douglas - yes. Motion carried. AGENDA ITEM #VI - MR. JIM ZAYTI, OR A REPRESENTATIVE. TO DISCUSS PAYMENT FOR PAV NG DONE BY ZAYTI TRUCKING, INC.. ON S.E. THIRD AVENUE AND S.E. EIGHTH DRIVE Mayor Chapman asked the Attorney to explain the situation. Attorney Bryant stated that he wrote a letter to the Council explaining that Zayti has presented Council with a statement to pay for the work completed on S.E. Third Avenue and S.E. Eighth Drive and went on to explain the contents of the letter as follows: "At the Council meeting of February 4, 1986, I was instructed to confer with Attorney Steve Bull as to the proposal to have Zayti pave S.E. 3rd Court, which was included in the contract with Taddie Underground. The Council was proposing to take the funds allocated for that street under the Taddie contract and pay them to Zayti for doing the work. The question was whether it was best to delete that paving from Taddie's contract and contract directly with Zayti or to have Zayti sub - contract with Taddie for the paving. Because the proposal submitted by Zayti included work not provided for in the Taddie contract, we were concerned that adding it to Taddie's contract (and having Zayti sub - contract with Taddie) would jeopardize the City's entitlement to liquidated damages from Taddie for exceeding the contract completion date. On February 7, 1986, Councilman Nick Collins and Sam Joiner, of J.J. Zayti Trucking, came to my office to inquire as to what I had learned from Attorney Steve Bull. I had not made the call at that time, so I telephoned Mr. Bull while these gentlemen waited. Steve Bull advised that any change to the Taddie contract must be by change order deleting work required of Taddie, rather that adding work. To add work would necessarily extend the contract completion date and compromise the City's position as to liquidated damages and breach of contract by Taddie. This information was relayed to Councilman Collins. Mr. Collins asked me, also, if the City could contract with Zayti on an emergency basis for paving SE Third Court and SE Eighth Drive, rather than call for bids. I advised him that, because SE Third Court had a prepared base, ready for paving, the Council could determine that continued traffic on the base and the imminence of the rainy season were destructive factors which required expedited measures to avoid additional cost to the City and, thus, an emergency contract would be appropriate. As to SE Eighth Drive, however, the necessity of emergency action was not so evident and certainly no previously unpaved streets or cul -de -sacs in that area could be deemed to require emergency action. At the Council meeting of February 18, 1986, the question again arose as to paving of these streets. Engineer Jim Broome was asked about the propriety of proceeding on an emergency basis. He advised that it was "up to ya'11 ". The question was put to me and I restated my earlier comments to Mr. Collins, that SE Third Court could be found to require emergency action, but that other streets, especially several listed by Councilman Rubin, did not appear to require emergency action. I was advised to look into it further, the need for which I did not see, to determine if the City could pave all of the streets mentioned by Mr. Rubin on an emergency basis. My opinion in that regard did not change. Absolutely no formal action was taken by the Council on the proposal to pave SE Third Court on an emergency basis and, unless some action was taken outside of the regular meeting, I am not aware of anyone authorizing Zayti to proceed with the paving. I certainly did not. The City has now found itself in a position of "darned if you do and darned if you don't ". Zayti alleges that someone at the City authorized them to proceed with the paving. Who? If direct or implied authorization was given to Zayti to pave the streets in question, even though no contract was approved by the Council, Zayti would be entitled to the reasonable value of the work done. Should the City refuse payment, Zayti could file suit to recover payment. Thus, it is my recommendation that the Council determine the quality of the work done ,and, if it meets City specifications, pay the reasonable value for the work. 2 More importantly, however, the Council should formally adopt a policy in regards to awarding contracts such as these and inform all City employees and elected officials that no such work is to be authorized except upon formal action of the Council in a duly called and noticed public meeting. The Council's propensity to informally administer City affairs is the culprit in this situation and guidelines for the conduct of business must be established to prevent similar occurences in the future." Following discussion concerning the situation, Councilman Thomas made a motion that the City pay J.J. Zayti the total amount due since the Director of Public Works has stated the streets met City specifications, and since another paving contractor had stated the City was charged a reasonable amount of money for the work completed, with the stipulation that they provide provide the City with a Release of Lien. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - no, Councilman Douglas - yes. Motion carried. AGENDA ITEM #VII - ACTION BY COUNCIL TO AUTHORIZE EMPLOYEE'S SALARY INCREASES Councilmembers discussed the employee's salary increases. Performance Evaluation Score Salary Increase 1.99 and Below 0% 2.00 to 2.49 2 -1/2% 2.50 to 2.99 3 -3/4% 3.00 and above 5% Following discussion, Councilman Rubin made a motion that the Council approve the employee's salary increases, based on the evaluations completed by the department heads, retroactive to October 1, 1985. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. AGENDA ITEM #VIII - ACTION BY COUNCIL TO APPROVE THE PROPOSAL OF BROOME, VAN OSTRAN & ASSOCIATES FOR PREPARATION OF DRAINAGE MAPS Mr. Jim Broome stated his proposal was not ready for Council's approval at this time. Councilman Collins reminded the Council that the Florida Regional Planning Council was supposed to be getting back with the Council concerning the cost for their help in the master drainage plan, and then made a motion to table this agenda item until the next meeting. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. AGENDA ITEM #IX - ACTION BY COUNCIL TO APPROVE AN ALTERNATE INSTALLATION FOR THE S.E. EIGHTH AVENUE BRIDGE Mr. Jim Broome stated before the plans were decided on, Broome, Van Ostran and Associates analyzed all the different alternatives at that time and the price of these bridges were all in the same ball park, as far as material, preface contract, aluminum steel, corigated steel and wood. The pipe size was increased for boat traffic. What we propose today to you is aluminum to replace the cast -in -place concrete box, putting an aluminum type arch pipe, with a savings of $11,000. over the cast -in -place concrete box. This would be change order number one on the S.E. 8th Avenue bridge which we would like to have approved along with a notice to proceed pending all documents meet the approval of the Engineer and Attorney. Following discussion by Council concerning the change order, Councilman Collins made a motion to approve change order number One, for the SE 8th avenue bridge, using an aluminum bridge instead of concrete. Councilman Rubin seconded the motion for discussion. Councilman Rubin questioned Engineer Broome concerning the amount of funds budgeted for the bridge. Mayor Chapman asked for a vote on the motion. Councilman Thomas - no, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. Engineer Broome asked the Council about the Notice to proceed, after all documents had been approved by the Engineer and Attorney. Councilman Douglas made a motion to approve the Notice to proceed on the SE 8th Avenue Bridge pending the documents are approved by the Engineer and Attorney. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - no, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. MEETING RECESSED AT 3:40 P.M. MEETING RECONVENED AT 3:52 P.M. AGENDA ITEM #X - MRS. PEARL GODWIN TO ADDRESS COUNCIL IN REGARD TO OLAN GODWIN'S INSURANCE Mrs. Godwin addressed the Council explaining that the Florida Legislature had passed a bill concerning health insurance for retired employees. She stated they had filled out the required forms. Mrs. Thomas had sent them to the City's present health insurance carrier, Florida Municipal Health Trust, they turned down health coverage due to Olan's health condition. Mrs. Godwin went on to explain that she had found another insurance company through the State department which she is eligible, and Olan is eligible as her spouse, and requested the Council pay the insurance premium for them, since Florida Municipal Health Trust had turned them down. Attorney Bryant stated he had read over the material Mrs. Godwin had concerning the new insurance company and yes Mr. Godwin would be eligible to be covered for pre- existing illnesses. But it would take special action of the Council for the insurance premium to be paid for Mr. Godwin because this insurance company is not the City's regular medical insurance group. He then stated that he was not sure the City could pay Mrs. Godwin's premium becasue she was never employed by the City. Council further discussed the request and agreed to wait until the next Council meeting at which time the Attorney (with the help of a committee) will have a resolution drafted which will take care of the situation. Council agreed for the committee members to be Councilman Collins, Attorney Bryant and Steve Figley. AGENDA ITEM #XVII - PUBLIC HEARING AN FINAL RULING ON REZONING APPLICATION 109 -R, GORDON V. AND MARJORIE C. LEGGETT Ms. Jan Tracy, Postal Service representative, addressed Council stating, the Postal Service has studied the growth in Okeechobee and they have determined the location at the intersection of S.E. 10th Avenue and Hwy. 70 East, which has approximately 8 acres, meets all of their criteria and they feel it is an excellent site for the new postal facility. Mr. Tony Ragoho, Senior Engineer, addressed Council stating the location at S.E. 10th Avenue and Hwy 70 East, had City water and sewer available and fire service. There will be 57 parking spaces at the post office, with two handicapped parking spaces. 100% parking for postal service employees will be provided. Mayor Chapman opened the floor for discussion. Councilman Collins stated the Council has turned down this site twice in the past, because it still funnels traffic the same way as the present post office location. He then asked the representatives why couldn't one of the three other locations be used. Ms. Tracy stated these locations did not meet their criteria. Councilman Rubin stated that the Postal Service has spent a lot of time concerning their research on this site, and he felt the rezoning request should be approved. Councilman Douglas stated that he was not opposed to the proposed site. He felt the study has been adequate and he feels the location is acceptable. Jack Williamson, a member of the City and County Planning and Zoning board, stating they voted 4 to 1 against the rezoning request. He went on to say that if the Council approved the rezoning request, they were just moving a terrible situation a few blocks away on the other side of the street. Following further discussion by members of the Council and public, Councilman Thomas made a motion to uphold the recommendation of the Planning and Zoning Board to deny the rezoning request. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Douglas - no, Councilman Rubin - no, Mayor Chapman - yes. Motion carried denying the rezoning request. 4 } AGENDA ITEM #XI - FIRE CHIEF KEITH TOMEY WITH A PRESENTATION OF BIDS FOR RENOVATION OF FIRE TRUCK NUMBER 4 The following bids were received for the renovation of Fire Truck number 4: Southern Coach 1705 NW Pine Avenue Ocala, Florida 32670 $21,500. optional /aluminum body,$24,500. Gator Emergency Vehicles $23,637. 13185 49th Street North Clearwater, Florida 33520 Chief Tomey addressed the Council stating he has $18,000. budgeted for the refurbishing of Truck number 4. The low bid of Southern Coach of $21,500, has an optional bid of $24,500 for the aluminum body. Chief Tomey recommended the Council accept the optional bid from Southern Coach for the renovation of Fire Truck number 4. Council asked if Chief Tomey had the additional money within his budget that could be used. Chief Tomey stated he had budgeted $6,000 for the new fire hose which he could put into next year's budget, also extra money in the budget for an air pack. Following further discussion Councilman Douglas made a motion to accept the bid of Southern Coach for the aluminum body in the amount of $24,500. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. AGENDA ITEM #XII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE TO CLOSE THE ALLEY IN BLOCK 51 Councilman Collins made a motion for the ordinance to be read by title only. Councilman Thomas seconded the motion. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE VACATING AND CLOSING THE ALLEY IN BLOCK 51, CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. There being no objections to the alley closing, Councilman Douglas made a motion to approve the ordinance vacating the alley in Block 51. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. AGENDA ITEM #XVIII - PUBLIC HEARING AND FINAL RULING ON REZONING APPLICATION 110 -R. PIONEER PROPERTIES There being no objections to the rezoning request, Councilman Thomas made a motion to approve the rezoning. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. AGENDA ITEM #XIII - ACTION BY COUNCIL TO APPROVE PURCHASE OF A BORING MACHINE. FOR THE UTILITY DEPARTMENT, FOR THE LOW BID OF $12.958.57 Asst. Director of Public Utilities, Steve Figley, stated that Mr. Fortner checked with the two companys and other cities using the equipment, as requeted by the Council at the last regular meeting, and the equipment was highley recommended. Following discussion, Councilman Thomas made a motion to approve the low bid of McLaughlin Mfg. Co, Greenville, S.C. in the amount of $12,958.57. Councilmen Collins and Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. AGENDA ITEM #XV2 - ACTION BY COUNCIL TO REPLACE OR REAPPOINT TWO CODE BOARD MEMBERS WHOSE TERMS EXPIRE APRIL 30. 1986 Code Enforcement Officer Tomey stated the members, Jerry Walker and Gloria Schearer, wished to be reappointed to the Code Board. Councilman Collins made a motion to reappoint the two members for a three year term. Councilmen Thomas and Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. 5 AGENDA ITEM #XV - DISCUSSION AND ACTION BY COUNCIL TO AUTHORIZE A 4 -WAY STOP AT N.W. NINTH STREET AND NINTH AVENUE Following discussion concerning the various alternatives to the traffic problems on this street, Councilman Douglas made a motion that the City make a four way stop at the intersection of NW Ninth Street and Ninth Avenue. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Douglas - yes, Councilman Rubin - yes, Councilman Thomas - yes, Councilman Collins - yes. Motion carried. AGENDA ITEM #XIV - DISCUSSION AND ACTION BY THE COUNCIL ON A REQUEST FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR UNMETERED WATER Attorney Bryant stated that he had researched the FHA documents, and his legal opinion was that he did not see any problem with the City allowing the Industrial Authority to put in the water pipes into the tanks without being metered. As far as the contract documents with FHA. What's being proposed is to hook a direct 6" line into these tanks to fill them. At which point the City has no control over how much water is used out there. A meter is the only source of controling it, and there is the possibility that someone else could use the water from the tanks (not for fire purposes), which is a remote possibility but it should be considered. The Council has the right to offer to an authority such as the IDA water service, but there were other things to consider. Mayor Chapman asked if there were any comments from the Council or audience. Steve Figley addressed the Council stating they had found out after the last meeting that the IDA would not have to pay $15,000. for the meters to be installed. He stated it would only cost a few hundred dollars for the water to fill the tanks at the Industrial Authority. Following discussion, Council agreed for Mr. Berry, IDA representative to meet with Steve Figley to try to come up with an agreement for Council's approval at the next Council meeting. AGENDA ITEM #XIX - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Mr. Steve Porter addressed the Council requesting they close the alley located in Block 34, Lots 1 and 2. Councilmembers explained there were certain procedures to follow such as picking up an application from the City Clerk and complete it and have the approval of the adjoining surrounding property owners. Mr. Norman Prahl addressed the Council concerning the sewer connection fees being refunded. Steve Figley stated that Director Fortner had contacted the health department and the determination was made that the requirement to connect could be waived for a period of one year beyond the legal requirement to connect in the event that the Health Department makes the determination that your septic system is inadequate, needs some emergency replacement and the amount of funds are expended forward at that time, in other words to make your house liveable because of the delay in hooking up the sewer, your requirement to connect can be delayed for a one year period of time. AGENDA ITEM #XX - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REOUESTS Clerk Thomas presented the warrant registers for council's approval. Councilman Douglas made a motion that the warrant registers be approved as presented. Councilman Collins seconded the motion. Motion carried. Attorney Bryant explained the results of the arbitration hearing on the Best Striping contract. Best Striping was requesting in excess of $6,000. for striping work that was performed allegedly under the contract, but was in excess of the contract work. An award was given by the arbitrator in the amount of $4,049.94 to Best Striping. An appeal will be made on the decision made by the arbitrator. Administrative Asst. Davis stated that Mr. Patterson had contacted him concerning the CDBG grant application. The City has been numbered 21. Mr. Patterson stated to Mr. Davis by phone that he was appealing the grant decision at this time and would notify the City at a later date concerning the status. Administrative Asst. Davis stated the County Commissioners voted to join in with the City in the Comprehensive Plan application. Administrative Asst. Davis stated the County Commissioners were willing to consider a joint effort for the renovation of the railroad station. Administrative Asst. Davis directed the Council's attention to status report item #7: Street Paving Project: As pointed out in previous notice, the improvement budget for the City of Okeechobee now has approximately $60,000. remaining for street paving; however, $20,000. was budgeted for striping of City streets. We need to have a determination as to whether this $20,000. could be added to the improvement budget creating approximately $80,000. for the proposed street paving program. With the possibility of saving $11,000. on the S.E. 8th avenue bridge installation, it moves it up in the area of $90,000. for the street paving program. 500 lenial feet in of construction costs an average of $75,000. We have 900 lenial feet in the paving program now (16 streets). I would like the determination of whether we can put the striping money with the $60,000. for a total of $80,000. and the $11,000. savings. Then I would like to ask for Council's approval to proceed with the advertisement of bids for the streets to be paved. Following discussion, Councilman Thomas made a motion that the $11,000. savings, and the $20,000. for striping, be added to the street improvement line item, and advertise for bids paving as many streets as possible. Councilman Collins seconded the motion. Motion carried. Mayor Chapman asked if the survey had been completed on the property owned by John Ed Watford, involving the City's water main. Steve Figley, A.D.P.U., stated the water line was 6 feet on Mr. Watford's property. Attorney Bryant stated there would not be any problem with closing the alley as long as the City would be able to go on Mr. Watford's property to work on the water line if necessary. Following discussion Councilman Douglas made a motion authorizing the attorney to draft the necessary ordinance closing the alley in Block 112 and 113, with the utility easement for repair work on the water line. Councilman Collins seconded the motion. Motion carried. AGENDA ITEM #XXI - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 6:30 P.M. MAYOR OAKLAND R. CHAPMAN ATTEST: BONNIE S. THOMAS, CMC CITY CLERK 7 REGULAR MEETING TUESDAY. MAY 6 1986 The City Council of the City of Okeechobee met in regular session in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida. The meeting was called to order by the Chairman at 2:00 P.M. AGENDA ITEMS #II & #III - PRAYER AND PLEDGE OF ALLEGIANCE The Prayer was offered by Mr. Donald Clements followed by the Pledge of Allegiance. The following members were recorded present: Mayor Oakland R. Chapman Councilman Andy Rubin Counnilman Edward Douglas Councilman Nick Collins Councilman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Milton Davis, Administrative Assistant Jerry Bryant, City Attorney L.C. Fortner, Jr., Public Utilitites Director Larry Mobley, Police Chief Keith Tomey, Fire Chief Chuck Elders, Director of Public Works Lydia Jean Wilkerson, Deputy Clerk Sylvia Firestine, Adm. Secretary AGENDA ITEM #IV - APPROVAL OF THE MINUTES OF THE EMERGENCY MEETING OF APRIL 3 AND THE REGULAR MEETING OF APRIL 15. 1986. Mayor Chapman asked if there were any additions or deletions to the minutes. Councilman Rubin stated that he could not approve the minutes due to certain actions taken by the City Council in those meetings. Councilman Collins made a motion to approve the minutes. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Nays Rubin Motion carried AGENDA ITEM #V - PRESENTATION TO BILL SAUM FOR FIVE YEARS SERVICE WITH THE CITY POLICE DEPARTMENT. Bill Saum was not present. AGENDA ITEM #VI - MR. JIM BROOME OF BROOME. VAN OSTRAN AND ASSOCATS WITH AN UP -DATE ON THE SECOND PHASE OF THE WASTEWATER TREATMENT PLANT; REQUEST FOR APPROVAL OF PARTIAL PAYMENT REOUEST NO. 14 FOR WIDELL. Mr. Jim Broome presented partial pay request number 14 for Widell and Associates to the Council for their approval. The total amount of the pay request for Widell & Associates $16,139.22. Councilman Rubin made a motion to approve partial pay request #14 in the amount of $16,139.22. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried AGENDA ITEM #VII - DISCUSSION AND ACTION BY COUNCIL TO APPROVE A PROPOSAL BY BROOME, VAN OSTRAN AND ASSOCIATES FOR INSPECTIONS AND RELATED SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE S.E. 8TH AVENUE BRIDGE Engineer Broome stated the SE 8th Avenue bridge would be under con- struction for 150 days. The engineering services would be for 1 hour per day, total price not to exceed $4,000. Councilman Thomas made a motion to approve the payment for the engineering services to Broome, VanOstran and Associates not to exceed $4,000. Councilman Collins seconded the motion. Mayor Chapman asked if there was any discussion on the motion. Councilman Douglas asked the Attorney if the resolution setting the bidding limits at $3,500., included engineering services. Attorney Bryant requested a few minutes during the recess so he could research the resolution on the bidding limit to see if the Council could legally pay for engineering services above $3,500., without going through the bidding process. Council agreed. Councilman Thomas withdrew his motion. Councilman Collins withdrew his second. (This agenda item continued later in this meeting after 3:00 recess.) AGENDA ITEM #VIII - DISCUSSION AND ACTION, BY COUNCIL. TO APPROVE A PROPOSAL FOR PREPARING DRAINAGE MAPS Mr. Jim Broome stated the cost for the 100 acre track drainage maps would be $3,000. Councilman Collins made a motion to give Broome, Van Ostran and Associates the authority to draw the drainage maps. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. eas Thomas Collins Douglas Rubin Nays None Motion carried AGENDA ITEM #IX - DISCUSSION AND ACTION, BY COUNCIL, TO APPROVE THE REVISED RESIDENTIAL STREET CONSTRUCTION SPECIFICATIONS Council members discussed the revised residential street construction specifications, using DOT specifications. Councilman Thomas suggested the specifications be adopted with an open clause for other types of streets to be used instead of just one particular type. Council agreed. Engineer Broome stated the other street specifications could be added at any time. Councilman Collins made a motion to approve the revised residential street construction specifications as presented. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried AGENDA ITEM #X - DISCUSSION AND ACTION, BY COUNCIL. RELATIVE TO THE REOUEST MADE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR WATER TO BE SUPPLIED TO THE INDUSTRIAL PARK Director Fortner stated the IDA could use a 6" meter to fill the two water storage tanks at a cost of $1,650. One point that should be addressed is Paragraph 4 in the Hold Harmless Agreement between the City and the County. Attorney Bryant read paragraph 4 of the agreement which states: " No fire hydrants, hose, or other devices intended for the extinguishment of fires shall be attached or connected to water lines connected to the City main, except in the case of an emergency, and these two particular lines could be used for the extinguishment of fires ". "Although I don't think you will have a problem with the County or the Industrial Development Authority, in that regard, but because of the tenants of the Industrial Park being from other areas, corporations, home offices in other areas, we may have a problem with someone if there was a fire which caused extensive damage, one of the tenants may try to bring the City into a law suit, having this Hold Harmless Agreement determined null and void because we have not been abiding by it. I spoke with Kyle VanLandingham, the County Attorney, asked him if he felt the County Commission would have any objection to amending the Hold Harmless Agreement to include in paragraph 4: except for the connection of two holding tanks for the purpose of holding water for the extinguishment of fires. Attorney VanLandingham stated that he had no problems with this particular addition to the Hold Harmless Agreement and he felt like the County Commission would have no problem with it. So it would be my recommendation to avoid that problem. Other than that, I see no other problem with the Hold Harmless Agreement as far as allowing the connection of the water lines to these tanks. The County Commissioners meet this Thursday, so it might be possible to put the Hold Harmless Agreement before the County Commission for their meeting for some action ". Councilman Douglas made a motion to proceed with the amendment of the Hold Harmless Agreement as the Attorney has advised the Council and give the Industrial Development Authority the authority to proceed with the connection of the water mains at their cost as agreed, subject to the approval of the County Commissioners on the amendment. Councilmen Thomas and Rubin seconded the motion. Mayor Chapman asked if there was any more discussion. Director Fortner asked, "Just for a point of clarification, the City was going to install the line and the meter up to the property line and then the IDA was going to have a plumber or someone to connect it from that meter to their tanks so we would not be connected with that directly, but supplying a fitting there for them to start from. It will take about three to fours weeks to obtain a meter. Unless Council objects I can order that meter and have it so we can expedite it as soon as possible or wait until it is approved ". Council agreed to wait until everything is approved before ordering the meters. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried Mr. Rennie Berry, IDA representative, expressed his appreciation to the Council on behalf of the Industrial Development Authority. AGENDA ITEM #XI - CONSIDERATION, BY COUNCIL, OF A PROPOSED DONATION OF LAND, TO THE CITY. IN BLOCK 67 BETWEEN N.W. 7TH AND 8TH STREETS TO FACILITATE DEVELOPMENT OF A STREET Councilman Thomas suggested the Council table the agenda item until a representative appeared before the Council. Councilman Collins made a motion to table the agenda item until the next meeting so a representative could appear before the Council. Councilmen Rubin and Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried 3 AGENDA ITEM #XII - DISCUSSION AND ACTION, BY COUNCIL, ON A REOUEST TO PUT AN ANNEXATION PROPOSAL ON THE NEXT CITY ELECTION Mayor Chapman opened the floor for discussion. Councilman Rubin stated, "I don't quite understand this, is it City wide? Also annexation, the state has already gave us 50 plus 1, also there is a bill pending right now which was defeated by a 6 to 3 vote last year. And I hear from the grape vine that it is definently going to be passed this year in Tallahassee. So you don't even have to have your footage. The public should be notified on a couple of public hearings, so I think we are coming a little too fast with this, the State law will go over it anyhow. We are going too fast with it. Mr. Davis and I went all the way to the lake on both sides getting way more than 50 %. I think we should wait on it." Mr. Rucker Wilcox, Residential Contractor /majority owner of property to be annexed, addressed the Council indicating the roads and property involved in the annexation request. Councilman Rubin stated, "I'm not against annexation, Lord knows all of us have been fighting it ever since it started. Besides we would love to get what the City is trying to do. I think we have a little litigation there if you would ask our attorney. We can't put this on the ballot and hope they vote for it. I think that if someone who owns it gets 50% of those 6 owners there, you get 3 names you've got it made. I'm afraid to do this beyond that because you will be violating the state law. Isn't that right Mr. Attorney ?" Attorney Bryant, "That's incorrect Mr. Rubin. I think you have a number of misconceptions about the laws of annexation. The first one is what was before the legislature and that has nothing to do with this situation right here. We have discussed this in a previous meeting. That bill was specifically for the purpose of allowing municipalities to annex properties that were bordered by waterways. That bill has nothing to do with this situation. The Council could put on a ballot a referendum for annexation of this property if the Council adopted an ordinance for that fact. After we have the necessary public hearing to adopt the ordinance, if it is adopted, it will be placed on the ballot." Following discussion by Council, Councilman Douglas made a motion for the attorney to draft the necessary ordinance placing the annexation issue on the ballot. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Douglas Rubin Nays None Motion carried MEETING RECESSED AT 3:15 P.M. MEETING RECONVENED AT 3:30 P.M. CONTINUATION OF AGENDA ITEM #VII - DISCUSSION AND ACTION BY COUNCIL TO APPROVE A PROPOSAL BY BROOME. VAN OSTRAN AND ASSOCIATES FOR INSPECTIONS AND RELAT,JD SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE S.E. 8TH AVENUE BRIDGE Administrative Assistant Davis stated that Engineer Broome had reduced the amount of the engineering services from $4,000. to $3,500. Councilman Collins made a motion to approve the payment of $3,500. to Broome, Van Ostran and Associates for engineering services for the construction of the SE 8th Avenue bridge. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Rubin Nays None Motion carried 4 AGENDA ITEM #XIII - ACTION, BY COUNCIL, ON THE FOLLOWING ALLEY CLOSING APPLICATIONS: APPLICATION NO. 4 - MR. STEVE PORTER. BLOCK 34, FIRST ADDITION TO SOUTH OKEECHOBEE Councilmembers stated that Jack Butler's signature was not on the application. Attorney Bryant explained the procedures as set forth in the resolution as follows: the application shall have the written consent of all owners of property adjoining the alley, street, or road involved, unless all such owners join in the application. Council discussed whether it was the intent of the resolution to include all property owners signatures within the entire block or just the property owners of the portion of the alley to be closed. Attorney Bryant stated that the resolution was intended to have all property owners signatures within the entire block. After futher discussion, Councilman Collins made a motion to table the agenda item until the next meeting so all signatures could be obtained. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Chapman Nays Rubin Motion carried APPLICATION NO 5: MY SYED ABDULLAH, BLOCK 3, NORTHEAST SECTION Councilmembers discussed the request stating all property owners within the block had not signed the application. Councilman Thomas made a motion to table the request until the next meeting. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Chapman Nays Rubin Motion carried AGENDA ITEM #XIV - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE TO CLOSE THE ALLEY IN BLOCKS 112 AND 113: PROVIDING A UTILITY EASEMENT Councilman Collins made a motion to read the ordinance by title only. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Chapman Nays Rubin Motion carried Attorney Bryant read the title as follows: AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCKS 112 AND 113, CITY OF OKEECHOBEE; PROVIDING FOR CONDITIONS FOR THE CLOSING, VACTING AND ABANDONMENT OF THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 113, CITY OF OKEECHOBEE PROVIDING AN EFFECTIVE DATE. 5 Following discussion, Councilman Thomas made a motion to adopt the ordinance. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Chapman Nays Rubin Motion carried AGENDA ITEM #XV - DISCUSSION AND ACTION. BY COUNCIL. TO APPROVE AN EMERGENCY PURCHASE OF LARGER PUMPS FOR USE AT THE WATER TREATMENT PLANT Director Fortner requested the Council approve the emergency purchse of two pumps for the pumping station at the lake, and one additional pump at the treatment plant. These pumps are used to move the water to the treatment plant for processing. The dry conditions in the area have caused an increased water demand for residential users. The installation of the pumps at the pumping station and at the treatment plant, along with the engineering fees and other charges will cost between $35,000. and $40,000. Councilmembers discussed the request. Director Fortner stated it would take several weeks to go through the bidding process to purchase the pumps and he felt the City should not wait that long to have the pumps in working order due to the circumstances. Councilman Thomas made a motion to give Director Fortner the authority to consult with engineers and purchase the pumps required to take care of the City's water situation. Councilman Collins seconded the motion. Mayor Chapman asked for discussion. Attorney Bryant stated that it should state in the motion that the Council deems this to be an emergency situation and the pumps would be purchased bypassing the bidding process. Councilman Thomas withdrew his motion. Councilman Collins withdrew his second. Councilman Collins made a motion that the Council deems this situation an emergency on the recommendation of Director of Public Utilities and the Fire Chief, and have the required pumps purchased without going thru the bidding process. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Chapman Nays Rubin Motion carried Director Fortner asked if a motion was needed stating which line item the funds were to be expended from. Councilman Thomas made a motion for the funds to be removed from the system capacity charges line item. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Chapman Nays Rubin Motion carried AGENDA ITEM #XVI - DISCUSSION AND ACTION. BY COUNCIL. TO CHANGE THE CITY ELECTION OUALIFYING TIME TO CORRESPOND WITH THE COUNTY - NOON JULY 14. UNTIL NOON JULY 18 6 Clerk Thomas read the election calendar to Council as follows: 1986 ELECTION CALENDAR I. Mayor's Proclamation: (For Nov. 4th Election) October 1, 1986 > Charter = at least 30 days prior to election. (Council meeting Sept. 15, Proclamation to be published Oct. 1 paper) II. City Registration Books Close (For Nov. 4th Election) October 6, 1986 > 30 days before election (if 30th days falls on Sunday - go to Monday) III. Candidates a) Candidates may appoint a campaign treasurer and designate a campaign depository at any time once this information is filed with the City's Supervisor of Elections, a candidate may begin actively campaigning. Note: You may not accept any contributions or make any expenditures, or authorize another to do so on your behalf until you have appointed a campaign treasurer and designated a primary campaign depository and filed this information with this filing officer - City Clerk. b) Candidate Qualifying dates >Charter - not more than 30 days prior to election nor less than 15 days before the election From noon Monday, Oct.6, 1986 to noon Friday, Oct. 10, 1986 (5 days) c) Candidate Qualifying fee $50.00 d) Reporting Dates BEFORE Qualifying Candidates submit reports to City Clerk, City Election Supervisor. Reports shall be filed on the 10th day following the end of each calendar quarter from the time the campaign treasurer is appointed. e) Quarterly Reports for 1986 Due Dates Covering Period January 10 October 1 - December 31 April 10 January 1 - March 31 July 10 April 1 - June 30 October 10 July 1 - September 30 f) Reporting Dates AFTER Qualifying General Election Due Dates Covering Period October 17 September 26 - October 10 October 31 October 11 - October 30 * 112 contributions 5 days before election (Last day for contributions October 30). * *Each candidate shall within 90 days after having become unopposed, withdrawn his candidacy, been eliminated or elected to office, dispose of funds in his campaign account and file a final report. February 2, 1987 - Deadline to file 90 day after General Election Final Report 7 Following discussion, Councilman Thomas made a motion to adopt the election calendar for qualifying and election of 1986. Councilman Collins seconded the motion. Mayor Chapman asked for discussion. Councilman Rubin stated that he felt the City was doing wrong by not having all election dates, etc. coincide with the County's dates. Yeas Thomas Collins Chapman Nays Rubin Motion carried AGENDA ITEM #XVII - MAYOR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL Mr. Charles Brian and Ms. Laverne Liford, United Telephone System representatives, introduced themselves to the Council explaining their plans to organize community relations teams involved in non - profit organization fund raising projects in Okeechobee in the near future. They asked the Council to keep them in mind in case someone addressed the Council requesting funds to paint homes for the elderly, historical society, or any needs that are not being met, they would be interested in helping. AGENDA ITEM #XVIII - MAYOR TO CALL ON THE CITY CLERK. CITY ATTORNEY. ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REOUESTS Clerk Thomas discussed with Council the date for the Budget workshops to be held. Council tentatively agreed on July 8th, 9th, 10th and 14th. City Attorney stated that he had an ordinance drafted, at the request of the Code Enforcement Officer, concerning the consumption of alcoholic beverage on premises for those establishments which operate under a valid City Occupational license for the operation of a restaurant. Councilman Thomas made a motion to have the ordinance read by title only. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Rubin Nays None Motion carried Attorney Bryant read the title as follows: AN ORDINANCE AMENDING CHAPTER 3, SECTION 3 -3 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; WHICH SECTION RESTRICTS THE LOCATION OF BUSINESSES ENGAGED IN THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR EXEMPTION FROM THE REQUIREMENTS OF SECTION 3 -3 FOR THOSE ESTABLISHMENTS SELLING WINE FOR CONSUMPTION OFF PREMISES ONLY; PROVIDING FOR EXEMPTION FROM THE REQUIREMENTS OF SECTION 3-3 FOR THOSE ESTABLISHMENTS OPERATING NDER A VALID CITY OCCUPATIONAL LICENSE FOR OPERATION OF A RESTAURANT AND WHICH SELL MALT BEVERAGES AND WINE FOR CONSUMPTIONON THE PREMISES ONLY; PROVIDING AN EFFECTIVE DATE. Councilman Collins made a motion to advertise the ordinance for public hearing on May 20, 1986. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Rubin Nays None Motion carried 8 Attorney Bryant stated the committee (as selected by Council) recommends the City purchase a health insurance premium for Mr. Olen Godwin. He stated the City could adopt a special resolution to take care of the City paying the insurance premium. Council agreed they would pay the premium for insurance coverage, only the amount to be paid needed to be decided. Following discussion, Councilman Collins made a motion for the attorney to draw up a resolution stating the City would pay $47.50 per month, not to exceed $60.00 per month for health insurance for Olen Godwin. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Rubin Nays None Motion carried Administrative Assistant Davis asked the Council what they wished to do concerning the light on the water tower. Councilman Thomas made a motion to purchase the lights for the water tower. Councilman Rubin seconded the motion. Mayor Chapman asked for discussion. Councilman Collins stated that he felt it would be a waste of time and money to have the lights put on the water tower before it was painted. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Chapman Nays Collins Motion carried Councilman Collins stated that he did not understand the water and sewer availability charges to mean that customers would have to pay a monthly fee even if the water had been disconnected. If you were not using the water why should you have to pay. Council discussed the availability fees, and agreed that Director Fortner figure out what it takes for the system to work without the availability fee charges. Councilman Collins stated he had received several complaints on the deposit upgrades. Councilmembers, Director Fortner and Attorney Bryant discussed the situation. Following discussion, Councilman Collins made a motion to table the discussion until the next meeting. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Collins Nays None Motion carried Councilman Rubin stated, "I hate to say the words that I am going to say now, but I am forced to. Sometime in February an order was given to pave two streets by one of our Councilmen. Without it coming before this Council, without the bidding of the state of more than $3,500. Then there was trouble gallore and here I've got copies of letters, one is to Milton Davis, City of Okeechobee, notice that Jessie Joiner has a claim for amounts due. Well I don't know anything about paying this money. It did not come back to this Council. One check was made out for $20,800., 4- 25 -86. On 4 -29 -86 another check made out for $7,400. That comes to $28,200. I am against this so much and on tape, on tape, none of these Councilmen knew anything about it, of course they said that and under 9 oath, except one. That was Mr. Collins, on tape he said he has the OK from two attorneys that's good by him. On tape, Joiner was here, and he said that he took orders from Mr. Collins. I went down to the street sites and I was told there was already a contract. Yes we will pay him, the man did . his work, but he was paved very shoddy. Also, it was taken out of the paving fund money, you've been jockeying around here for the last five months. The public is talking, phone calls, everything is being made over this whole thing. I've got no alternative right now, since Mr. Collins gave the order to do it on tape, but ask Mr. Collins to step down until this matter is settled, and it is not settled, I guarantee you it is in litigation. I make that in the form of a motion." Mayor Chapman stated, "You have heard the motion by Councilman Rubin ". Attorney Bryant stated the motion was out of order. The motion as stated was just a personal request. If the motion is to have Councilman Collins expelled from the Council for misconduct, that would be a different motion. Councilman Collins stated, "May I say a few words, since lam the one being accused. To start with I didn't say that I had the OK from two attorneys. I said I talked to one attorney and he called Mr. Bull which is a vast difference. Then he gave us what Mr. Bull had told him. And the second thing that Mr. Rubin that Sam said he was taking orders from me and it is on tape, Well, to start with - that is a lie. And anybody that says that I gave Sam the order to go to work on that road is telling a lie, whether it be Mr. Rubin or whoever. I could care less. Now I will have Mr. Joiner here at the next meeting and find out who he took his orders from, I will be happy to do that, But anybody that says I told Sam to go to work or not to go to work is telling a lie. He was already working on that road when all of this came up and he went back over there and back to work. But I have not told him to work or not to work, to go home or not to go home or nothing else. The other deal that we talked about, I repeated and I asked Jerry what the situation was and Sam was with me at Jerry's office. Now previous to this, Mr. Rubin has said that I said that I talked to two attorneys, that is a lie. I didn't say that, I said that I talked to Jerry and Jerry called Mr. Bull. Now that is the truth. He also said that I had admitted that I carried Mr. Joiner and we went to my house and discussed it. That is a lie. We went to Mr. Bryant's office and discussed it. I would just like for people to know part of what did happen instead of just what Andy says happened." Councilman Rubin, "The tape says it." Councilman Collins, "No the tape does not say it, that is a lie ". Mayor Chapman asked if there was any further discussion on the matter if not move on to the next item for discussion. Mayor Chapman asked the Council about the new sprinklers being installed in the band stand park. Councilman Collins made a motion to approve the sprinkler system in the band stand park. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Collins Nays None Motion carried Mayor Chapman stated the County Commissioners might be interested in purchasing the City's 154 acres. Councilmembers agreed to negotiate with the County Commissioners. Director Fortner requested Council's approval for a 650 ft. water line extension on S.W. 4th Avenue and 9th Street. Councilman Collins made a motion to approve the water line extension. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Collins Nays Director Fortner stated he had received the termination contract for M & M and Taddie Construction Company, and requested Council's approval for the Mayor to sign the Notice of Termination. Councilman Rubin made a motion authorizing the Mayor's signature on the Notice of Termination for M & M and Taddie Construction. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Collins Nays None Motion carried Director Fortner stated that he had received Steve Figley's, Asst. Director of Public Utilities, verbal resignation to be effective June 14th, 1986. AGENDA ITEM 4XIX - ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 6:36 P.M. MAYOR OAKLAND R. CHAPMAN ATTEST: BONNIE S. THOMAS, CMC CITY CLERK 11 CITY COUNCIL Oakland R. Chapman, Mayor COUNCIL MEMBERS Nick Collins Dr. Edward Douglas Oscar Thomas Andy Rubin CITY ADMINISTRATION Milton H. Davis Administrative Assistant 813- 763 -4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon C. Fortner, Jr. Dir. of Public Utilities 813- 763 -7054 Larry Mobley Chief of Police 813-763-5521 L. Keith Tomey, II Fire Chief 813-763-4423 Charles• °Chuck' Elders Dir. of Public Works 813- 763.3928 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33474 -2932 Home of The Second Largest Fresh Water Lake in the United States September 24, 1986 John D. Cassels, Jr. Attorney -at -Law 400 Northwest Second Street Post Office Box 968 Okeechobee, Florida 33473 RE: City of Okeechobee vs. Joiner, et al. Your Letter 9/23/86 Dear Mr. Cassels: In reply to your referenced letter, the City Council wishes ydu to proceed with the Motion for Attorney's Fees, which will be heard September 30, 1986. If you need additional information please contact this office. Sincerely, CITY OF OKEECHOBEE Sylvia Firestine Acting Administrative Assistant JOHN D. CASSELS, JR LAURA ANN McCALL LAW OFFICES JOHN D. CASSELS, JR 400 NORTHWEST SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE, FLORIDA 33472 • TELEPHONE 813 • 763 • 3131 September 23, 1986 Sylvia Firestine City Hall 55 Southeast 3rd Avenue Okeechobee, Florida 33474 Re: City of Okeechobee vs. Joiner, et al. Our File #86 -0187 Dear Sylvia, Confirming our recent telephone conversation, permit me to recap the status of the Zayti litigation as it now exists. In light of the conflicting claim upon the City, the funds were interpled into the registry of the Court and Judge Hendry on August 14, 1986, granted our interpleader and transferred any claims to the fund and further released the City from further liability with regard to the funds in controversy. In that order, the Court reserved ruling on award of attorney's fees and costs. In that the City has incurred attorney's fees of approximately $1,400.00 to date, I filed a Motion for Attorney's Fees to be heard on September 30, 1986. In an obvious attempt to intimidate the City to withdraw its attorney's fee request, the attorney for Zayti filed a Motion to Amend and raise a Counterclaim for damages due to being "forced" to hire Joiner and the loss of his $7,400.00. I feel that the City's interpleader of the funds has been fully litigated by the Court and rather doubt that the Court will allow an amended Counterclaim at this time. However, as the old saying goes, the only certainty is death and taxes. In light of this, I feel that it is a "management" decision as to whether you wish to proceed with the hearing on the attorney's fees and possibly face further litigation or would rather absorb these costs and secure a stipulated release from further involvement. As the hearing is presently scheduled for September 30, 1986, I will need some direction as soon as possible so that I might prepare for the hearing if necessary. Finally, I am enclosing copies of the Order granting the interpleader, my Motion for Attorney's Fees and the Motion for Sylvia Firestine September 23, 1986 Page Two Leave to File Amended Answer and Counterclaim together with the proposed Amended Answer and Counterclaim of Zayti. With kindest re•ards, I an Sincer D. CASSELS, Jam. JDC /rlb Enclosure: As stated LAW OFFICES JOHN D. CASSELS, JR CITY OF OKEECHOBEE, a Florida municipal corporation, Plaintiff, vs. JESSIE M. JOINER, QUA'LIT'Y PAVING OF FORT MYERS, INC., and J. J. ZAYTI TRUCKING, INC., Defendants. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECiOBEE COUNTY, FLORIDA. CASE NO: 86 -224 CA MOTION FOR DAVE TO FILE AMENDED ANSWER AND COUNTERCLAIM Defendant, J. J. ZAYTI TRUCKING, INC., through its undersigned attorney, moves the Court for an Order allowing Defendant to file an Amended Answer and a Counterclaim, and in support thereof respectfully shows: 1. Defendant was and is the sole contractor in privity with Plaintiff in connection with a construction project in the City of Okeechobee,Florida. 2. Defendant complied in all respects with the performance of the contractual undertakings, submitted requisition for final payment due under said contract, including contractor's swam affidavit, and was entitled to be paid the balance owed by Plaintiff on said contract, in the suss of $7,400.00. 3. Plaintiff instituted this action without just or legal cause to interplead said $7,400.00 into the Registry of the Court, as a consequence of which Plaintiff has deprived Defendant of its money and the use of its money since the day said debt was due to be paid and, in addition, has compelled Defendant to engage the undersigned attorney to represent its interest in and about said interpleader action. Plaintiff's action and conduct has thus obligated Defendant to pay attorney's fees to its Defendant in opposition to said interpleader action and has potentially subjected Defendant to a loss or diminution of the balance due on the aforesaid contract in the event the Court should award any attorney's fees to Plaintiff's attorney. 4. Furthermore, there would have been no necessity for institution of an interpleader action had the Plaintiff not compelled Defendant to engage the co-Defendant, JESSIE M. JOINER and/or QUALITY PAVING OF FORT MYERS, INC., as a condition precedent to being awarded this contract and of being awarded future contracts with Plaintiff. 5. Defendant's Counterclaim against the Plaintiff is a compulsory counterclaim under the provisions of Rule 1.170, F.R.C.P. and must be brought within this action as a matter of law, and Defendant is entitled to file an Amended Answer and Counterclaim under Rule 1.190, F.R.C.P., to dispose of all controversies within the pending action. WHEREFORE, Defendant moves the Court for an Order allowing the filing of an Amended Answer and Counterclaim, a true copy of which is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that a true copy of the foregoing was furnished, this day of September, 1986, to JOHN D. CASSELS, JR., ESQUIRE, Attorney for Plaintiff, P. O. Box 968, Okeechobee, Florida 33472, and to LESTER JENNINGS, ESQUIRE, 110 N.E. Third Avenue, Okeechobee, Florida 33472, Attorney for Defendant, JESSIE M. JOINER. LAW OFFICES OF JOHN A. GENTRY, III, P.A. 707 North Flagler Drive West Palm Beach, Fla. 33401 (305) 659 -6500 By: Attorney for Defendant, ZAYTI FLORIDA BAR NO. 028230 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICML CIRCUIT IN AND FOR OKE X HOBEE CO[NT'T, FLORIDA. CASE NO: 86 -224 CA CITY OF OKEOCHOBEE, a Florida municipal corporation, Plaintiff, VS. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J. J. ZAYTI TRUCKING, 1NC., Defendants. l AMENDED ANSWER AND COUNTERCLAIM OF DEFENDANT, J. J. ZAYTI TRUCKING, INC. Defendant, J. J. ZAYTI TRUCKING, INC., through its undersigned attorney, Answers the Complaint filed herein and says: COUNT I 1. This Defendant admits the allegations contained in Paragraphs 1, 3 and 4. 2. This Defendant admits as to Paragraph 2 that it, Plaintiff, and Defendant, JESSIE M. JOINER, are sui juris but denies that Defendant, QUALITY PAVING OF FORT MYERS, INC., is sui juris and demands strict proof thereof. 3. This Defendant admits that it submitted its Contractor's Affidavit as set forth in Paragraph 8 but denies the remainder of said Paragraph. 4. This Defendant admits the allegations set forth in the first sentence of Paragraph 9 but denies the remainder and demands strict proof thereof. 5. This Defendant denies the allegations contained in Paragraphs 5, 6, 7, 10, 11, and 12, and demands strict proof thereof. COUNT II 13. This Defendant re- alleges and adopts by reference its admissions and denials as to Paragraphs 1 through 12, inclusive, of Count I. 14. This Defendant denies the allegations contained in Paragraphs 14 and 15 and demands strict proof thereof. WHEREFORE, having fully answered the Complaint, this Defendant roves that same be dismissed, with prejudice, and that costs be taxed against Plaintiff and that Plaintiff go hence without day. AFFIRMATIVE DEFENSES As and for an Affirmative Defense to Plaintiff's Complaint, Defendant respectfully says: 1. This Defendant was required to engage and employ the Defendant, JESSIE M. JOINER, at the spc,:ific direction and instance of Plaintiff. 2. This Defendant was advised that if the Co- Defendant, JESSIE M. JOINER, was not engaged and employed by him in connection with the subject project that the contract for said project would not be awarded to this Defendant. 3. Plaintiff's actions and conduct are directly and solely responsible for and totally caused the dispute, if any, between this Defendant and the Defendant, JESSIE M. JOINER, and because of said unclean hands Plaintiff should be required and ought to absorb and pay its own costs and legal fees in connection with bringing this action. WHEREFORE, having fully answered the Plaintiff's Complaint, this Defendant moves that same be dismissed, with prejudice, that costs be taxed against Plaintiff, and that Plaintiff go hence without day. CCUNTERCLAIM Defendant, J. J. ZAYTI TRUCKING, INC. (hereinafter ZAYTI) sues Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation (hereinafter CITY), and alleges: 1. This is an action for damages in excess of $5,000.00. 2. At all times material City was and is a Florida municipal corporation located in Okeechobee County, Florida, and Zayti was and is a Michigan corporation authorized to do and doing business in the State of Florida and having its principal place of business in Okeechobee County, Florida. 3. In approximately maid- February, 1986, City engaged and contracted with Zayti to furnish labor, material and services to construct certain improvements and re- surfacing on SouthEast Eighth Drive and SouthEast Third Street and for additional work on the Third Street extension. 4. Zayti undertook to perform these obligations to City under said contract and on or about March 31, 1986 submitted invoice for all of the aforesaid work, labor and materials for the total sum of $28,231.00 to which the City interposed no objection. A true copy of said invoice is attached hereto and incorporated herein as Zayti's Exhibit "A ". 5. The City breached its contract with Zayti by paying Zayti the sum of $20,831.00 on or about April 25, 1986 and in failing and refusing to pay Zayti the $7,400.00 balance due and owing from and after March 31, 1986. 6. City wrongfully and intentionally failed and /or refused to pay Zayti the $7,400.00 balance due and owing since March 31, 1986 despite frequent demands therefor and, subsequently, instituted this action for interpleader to have entitlement to said sum determined by the Court on the basis of an alleged "conflicting claim" of one of Zayti's employees, Co-Defendant, JESSIE M. JOINER. 7. As a direct and proximate consequence of the City's breaches aforesaid, Zayti has been compelled to engage the undersigned attorney to represent its interest in and about the defense of the interpleader action and in and about enforcement of its contractual rights against the City, Zayti has agreed to pay said attorney a reasonable fee and City should and ought to reimburse and/or indemnify Zayti therefor and /or pursuant to Section 57.105, F.S., because there was and is no justiciable issue of law or fact in respect of Zayti's contract and his absolute entitlement to payment of the contract sum by the City. 8. Zayti renews and re- affirms its entitlement to the sum deposited in the Registry of the Court and demands payment of the entire sum fran March 31, 1986 through April 25, 1986 and on the interpleader sum from April 25, 1986 until paid. WHEREFORE, Defendant - Counterclaimant, J. J. ZAYTI TRUCKING, INC., sues and demands judgment of, from and against Plaintiff- Counterdefendant, CITY OF OKEECHOBEE, for damages in excess of $5,000.00, all costs of this ection, a reasonable attorney's fee and such other relief as Counterclaimant may be entitled. I HEREBY CERTIFY that a true copy of the foregoing was furnished, by mail, this day of September, 1986, to JOHN D. CASSELS, JR., ESQUIRE, Attorney for Plaintiff, P. 0. Boa 968, Okeechobee, Florida 33472, and to LESTER JENNINGS, ESQUIRE, 110 N.E. Third Avenue, Okeechobee, Fla. 33472, Attorney for Defendant, JESSIE M. JOINER. LAW OFFICES OF JOHN A. GENTRY, III, P.A. 707 North Flagler Drive Vest Palm Beach, Fla. 33401 (305) 659 -6500 By: Attorney for Defendant, ZAYTI FLORIDA BAR NO. 028230 • J.J. ZkYTI TRUCKING, INC. March 25, 1986 p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 City of Okeechobee 55 SE 2nd Ave. Okeechobee, Florida 33472 RE: Extra Work on S.E. 8th & S.E. 3rd. 1454 Sq. Yds. Culdesacs and Roads 11" Asphalt Paving @ $ 5.00 per sq. yd. Patching on Culdesacs TOTAL EXTRA WORK Total from Previous Work TRANSPORTING MATERIALS $ 7,270.00 1,300.00 5-710Q0 = $ 8, = 19,661.00 $ 28,231.00 === =:sans == • TYPE I1) INVOICE ICI CREDIT MEMO (0) DEBIT MEMO (XI CONTRACT PAYABLE • • - . ,•-• : . PT; Ot1 5 uoiloas 4s>?aglnos ° 7, co 74. > ° t7, c) c ca z z -t 0 m m 33 Z 0 n, C -4 o2 A -I m .< n 0 I•1 0 443 0 m X rnm -n rrl r O .1 33 0 co > mm GNn3 1V1:13N3D IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO: 86- 224 -CA CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) Plaintiff, ) vs. ) JESSIE M. JOINER, QUALITY ) PAVING OF FT. MYERS, INC.,and ) J.J. ZAYTI TRUCKING, INC., ) Defendants. ) MOTION FOR ATTORNEY'S FEES COMES NOW the Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, by and through its undersigned attorney and moves this Court for an award of attorney's fees from the res presently held in the Registry of the Court and would show as follows: 1. THAT on August 14, 1986, this Court approved an interpleader allowing the City of Okeechobee as stakeholder to interplead funds in controversy and claimed by JESSIE M. JOINER, QUALITY PAVING OF FT. MYERS, INC., and J.J. ZAYTI TRUCKING, INC. 2. THAT said Order reserved as to the determination of costs and attorney's fees which was to be heard upon separate Motion. WHEREFORE, Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, moves that this Court award a reasonable attorney's fee to the Plaintiff to be charged from the funds held in the registry of the Court. By: 400Pr D. CASSELS�i! ttorney for . . ntiff 400 Northwest 2nd Street Post Office Box 968 Okeechobee, Florida 33472 (813) 763 -3131 Law Office of JOHN D. CASSELS, JR. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to LESTER W. JENNINGS, Esquire, Post Office Box 237, Okeechobee, Florida 33473, and JOHN A. GENTRY, III, Esquire, 707 North Flagler Drive, West Palm Beach, Florida 33401, this 4,A day of September, 1986. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO: 86- 224 -CA CITY OF OKEECHOBEE, a Florida municipal corporation, Plaintiff, Vs. JESSIE M. JOINER, QUALITY PAVING OF FT. MYERS, INC., and J.J. ZAYTI TRUCKING, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ORDER p@MOUE 1 51986 THIS CAUSE having come on to be heard this 1st day of August, 1986, upon Defendant's, J.J. ZAYTI TRUCKING, INC., Motion for Rehearing, Defendant's, JESSIE M. JOINER, Motion to Dismiss and Plaintiff's, CITY OF OKEECHOBEE, Motion for Approval of Interpleader, and the Court all parties, reviewed the having heard argument of counsel for Court file and Statutes, and otherwise fully advised in the premises, ORDERED AND ADJUDGED 1. THAT as attorney for Defendant JOINER having it is being withdrawn his Motion to Dismiss and having adopted the argument of the Plaintiff, said Motion is hereby determined to be moot. 2. THAT Defendant ZAYTI's Motion for Rehearing is hereby denied. 3. THAT the Plaintiff's Motion for Approval of Interpleader is hereby granted and the Court decrees an Interpleader of the funds presently held in the registry of the Court and said funds shall remain in the registry pending further Order of Court. 4. THAT the CITY OF OKEECHOBEE as stakeholder, having interpled the amount in controversy into the registry, is hereby dismissed from this cause of action and all claims relative to the $7,400.00 are transferred to the fund now held in the registry of • the Court and the Plaintiff is released from further liability with regard to the funds in controversy. 5. THAT the award of attorneys' fees and costs shall be determined and assessed by separate motion. DONE AND ORDERED this _L, day of August, 1986, at Okeechobee, Okeechobee County, Florida. /s/ WILLIAM L. HENDRY WILLIAM L. HENDRY Circuit Judge Copies/furnished to: ohn D. Cassels, Jr., Esquire Lester W. Jennings, Esquire John A. Gentry, Esquire JOHN D \CASSELS, JR LAURA ANN McCALL - 6 1985 LAW OFFICES JOHN D. CASSELS, JR 400 NORTHWEST SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE, FLORIDA 33472 • TELEPHONE 813 • 763 • 3131 June 4, 1986 Milton Davis Administrative Assistant City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 33474 Re: City of Okeechobee vs. Joiner, et al. Dear Mr. Davis: Enclosed please find a copy of the Complaint for Interpleader which was filed in the Circuit Court in and for Okeechobee County which is designed to allow both Joiner and Zayti the opportunity of making claim to the $7400.00 contested amount. I am also enclosing a copy of my Motion to Deposit the Funds into the Registry together with an Answer filed by Zayti Trucking, Inc. An Answer has not yet been received from Joiner. Hopefully, this matter will be concluded with respect to the City within the next sixty days. With kindest regay - , I am Sincere D. CASSELS, JR. DC/ kb Enclosures REQUISITIONED BY (PERSON) DATE DEPARTMENT ACCOUNT NUMBER CHARGED DATE ITEM NO. PURCHASE ORDER CITY OF OKEECHOBEE, FLORIDA 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 33472 QUANTITY F.O.B. ❑ DEST. ❑ SHIP VIA BEST WAY ❑ -1 SHIPPING BILLING PURCHASE ORDER N9 7642 ABOVE NO. MUST APPEAR ON ALL PACKAGES, PACKING SLIPS, INVOICES & CORRESPONDENCE MAKE ALL DELIVERIES TO RECEIVING DEPARTMENT PACKING SLIP MUST ACCOMPANY EACH SHIPMENT SHOW QUANTITY & ABOVE NO. ON EACH PACKAGE MAIL INVOICE IN DUPLICATE TO ACCOUNTS PAYABLE DEPT., WITH SHIPPING DOCUMENTS, IF ANY, THE DAY SHIPMENT IS MADE OR SERVICE RENDERED. DESCRIPTION 1 TERMS SALES TAX EXEMPT NO 04. 00010.03.57 QUAN. RECD. BAL. DUE DATE REC'D DEL. REQUIRED BY UNIT PRICE TOTAL PRICE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • QUALITY AND INSPECTION — All material and services furnished must be specified and will be subject to inspection and approval after delivery or performance The right is reserved to reject at the risk of the seller such portion of any shipment or performance as may be defective or fail to comply with specifications. f rejected he disposition will be at the expense of the seller. • QUANTITY — The specific quantity must not be changed without City approval. RECEIVED AT RECEIVING DEPARTMENT BY DATE SIGNATURE WHITE COPY TO VENDOR —BLUE COPY TO ACCOUNTS PAYABLE— CANARY COPY FOR REQUESTEE- IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. / CASE NO: 6 2 V L. CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) Plaintiff, ) vs. ) JESSIE M. JOINER, QUALITY ) PAVING OF FT. MYERS, INC., and ) J.J. ZAYTI TRUCKING, INC. ) Defendants. ) COMPLAINT FOR INTERPLEADER COMES NOW the Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, by and through its undersigned attorney and sues the Defendant, JESSIE M. JOINER, hereinafter referred to as "JOINER ", QUALITY PAVING OF FT. MYERS, INC., hereinafter referred to as "QUALITY" and J.J. ZAYTI TRUCKING, hereinafter referred to as "ZAYTI ", and alleges: COUNT I 1. THAT the Plaintiff is a municipal corporation organized and existing under the laws of the State of Florida, and located in Okeechobee County, Florida. 2. THAT the Defendants are, and at all times material hereto, sui juris. 3. THAT in early February, 1986, the Plaintiff contracted with the Defendant, ZAYTI, to resurface portions of S.E. 8th Drive and S.E. 3rd Street and additional on 3rd Street extension. 4. THAT on or about February the Defendant, ZAYTI, submitted a final statement in the amount of $28,231.00. 5. THAT prior to approval of the invoice and work performed by the Defendant, ZAYTI, the Plaintiff received a "claim" from Defendant, JOINER, in his individual capacity. 6. THAT the Plaintiff did not hire and had no knowledge of the relationship between Defendant ZAYTI and Defendant JOINER, or Defendant, QUALITY. 7. THAT Defendant JOINER'S company, QUALITY, has been named as a Defendant in this interpleader as the company has been named interchangeably with JOINER in various documents and references. 8. THAT the Defendant, ZAYTI, submitted a final Contractor's Affidavit alleging that JOINER was unpaid but that the amount owed to him or his company was contested. A copy of said Affidavit is attached hereto as Plaintiff's Exhibit "A" and incorporated herein by reference. 9. THAT the Plaintiff has disbursed all funds due to the Defendant for this particular repaving project with the exception of $7,400.00, which represents an amount equal to that claimed by JOINER. • 10. THAT Plaintiff has no interest in and makes no claim to said sum of $7,400.00; that Plaintiff is uncertain as to who is the true, proper and legal owner of the money and does not know who is entitled to same and cannot release the money to any party without directtion of the Court. 11. THAT the sum of $7,400.00, the amount in dispute, has been deposited by Plaintiff in to the registry of this Court in order that it may be paid to such party as the Court may determine to be entitled thereto. 12. THAT the Plaintiff has been forced to retain the services of the undersigned attorny and obligated to pay his firm a reasonable fee for their services. WHEREFORE, Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, demands an Order of Injunction against each of the Defendants, enjoining them from instituting any suit or proceeding against the Plaintiff for said sum of $7,400.00, pending further Order of this Court; Plaintiff further demands general relief in connection with this matter, including the award to Plaintiff of costs and attorneys' fees in a reasonable amount and that upon final hearing, that Plaintiff be discharged from all liability regarding said money and for such other and further relief as this Court deems just and proper. COUNT I 13. THAT Plaintiff realleges and reincorporates Paragraphs 1 through 12 above as if fully set forth herein verbatim. 14. THAT this is an action for statutory interpleader pursuant to Florida Statutes 713.27. 15. THAT the Plaintiff held funds for disbursement on an improvement and there exists a dispute between the lienors, JOINER, QUALITY, and ZAYTI. WHEREFORE, Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, moves this Court to decree an interpleader and transfer all claims to the fund deposited in the registry of the Court and that effectiive upon such deposit, enter a decree that the Plaintiff be free from all liens and claims of lien of the parties to this action. Law Office of JOHN D. CASS, S, JR. BY: _0 D. CASSELS Attorney for Pntiff 400 Northwe 2nd Street Post office Box 968 Okeechobee, Florida 33472 (813) 763 -3131 FINAL AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, personally appeared THOMAS PRUETT, who after being by me first duly sworn, deposes and says of his personal knowledge as follows: 1. He is the General Manager and authorized agent of J.J. ZAYTI TRUCKING, INC., which does business in the State of Florida, hereinafter called the "Contractor." 2. Contractor, pursuant to an oral contract, entered into the second week of February, 1986, with the City of Okeechobee, hereinafter referred to as the "City ", has furnished or caused to be furnished labor, material and services for the construction of certain improvements, resurfacing for Southeast 8th Drive and Southeast 3rd Street and additional work on 3rd Street Extension. 3. This Affidavit is executed by the Contractor in accordance with Section 713.06(3)(d) of the Florida Statutes for the purpose of obtaining a final payment from the City in the amount of TWENTY -EIGHT THOUSAND TWO HUNDRED AND THIRTY -ONE DOLLARS, less $7,400.00 held by the City due to notice received by Jessie M. Joiner. 4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors. NAME OF LIENOR AMOUNT DUE 1. JESSIE M. JOINER Quality Paving of Fort Myers, Inc. Post Office Box 6276 Fort Myers, Florida 33901 2. $ AV A- contested but does not exceed $7,400.00 3 . f-} $ Nl l4' EXHIBIT "A" Signed, sealed and delivered this ZST day of April, 1986. J. J. ZAYTI TRUCKING, INC. BY: (: o THOMAS PRUETT General Manager, J.J. Zayti Trucking, Inc. .6� SUBSCRIBED and SWORN to before me this y day of April, 1986. 17OtARY PUBLIC My Commission Expires: Notary Public, State of Florida at Large My Commission Expires Sept. 22, 1989 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 86 -224 CA CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) Plaintiff, ) vs. ) JESSIE M. JOINER, QUALITY ) PAVING OF FT. MYERS, INC., and ) J.J. ZAYTI TRUCKING, INC., ) Defendants. ) MOTION FOR ORDER OF DEPOSIT INTO REGISTRY OF COURT COMES NOW the Plaintiff by and through his undersigned attorney and moves this. Court for an Order authorizing deposit of funds into the Registry of the Court and would show as follows: 1. THAT on May 5th, 1986 Plaintiff filed the above captioned Interpleader seeking this Court to determine the proper recipient of $7,400.00 in construction funds. 2. THAT the Plaintiff attempted to deposit the funds into the Registry of the Court but was advised by the Clerk of said Court that an Order authorizing the deposit would be necessary. WHEREFORE Plaintiff moves this Court to authorize deposit of the funds into the Registry of this Court. BY: JO D. CASS S, JR, torney for Plainti 400 Northwest 2nd� 3 eet Post Office Box 4968 Okeechobee, Florida 33472 (813) 763 -3131 Law Office of JOHN D. CASSE 11 JR. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to JOHN A. GENTRY, III, ESQ., attorney for J.J. Zayti Trucking, Inc., at 707 North Flagler Drive, West Palm Beach, FL 33401; and LESTER W. JENNINGS, ESQ., Attorney for Jessie M. Joiner, at 110 Northeast 3rd Avenue, Okeechobee, FL 33472 this day of Ma 19 :., dr • `'r D. ASSELS, JR. 1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 86 -224 CA CITY OF OKEECHOBEE, a Florida Municipal Corporation, Plaintiff, VS. JESSIE M. JOINER, QUALITY PAVING OF FT. MEYERS, INC. and J. J. ZAYTI TRUCKING, INC., Defendants. ANSWER OF DEFEND • Ti' J. J. ZAYTI TRU IC i N Defendant, J. J. ZAYTI TRUCKING, INC., through its undersigned attorney, Answers the Complaint filed herein and says; COUNT I 1. This Defendant admits the allegations contained in Paragraphs 1, 3 and 4. 2. This Defendant admits as to Paragraph 2 that it, Plaintiff, and Defendant, JESSIE M. JOINER, are sui Defendant, QUALITY PAVING OF FT. MEYERS, demands strict proof thereof. 3. This Defendant admits that it submitted its Contractor's juris but denies that INC. is sui juris and Affidavit as set forth in Paragraph 8 said Paragraph. 4. This Defendant admits the but denies the remainder of allegations set forth in the first sentence of Paragraph 9 but denies the remainder and demands strict proof thereof. 5. This Defendant denies the allegations contained in Paragraphs 5, 6, 7, 10, 11, and 12, and demands strict proof thereof. COUNT II 13. This Defendant re- alleges and adopts by reference its admissions and denials as to Paragraphs 1 through 12, inclusive, of Count I. 14. This Defendant denies the allegations contained in Paragraphs 14 and 15 and demands strict proof thereof. WHEREFORE, having fully answered the Complaint, this Defendant moves that same be dismissed, with prejudice, and that costs be taxed against Plaintiff and that Plaintiff go hence without day. AFFIRMATIVE DEFENSES r . As an for an Affirmative Defense to Plaintiff's Complaint, Defendant respectfully says: 1. This Defendant was required to engage and employ the Defendant, JESSIE M. JOINER, at the specific direction and instance of Plaintiff. 2. This Defendant was advised that if the Co- Defendant, JESSIE M. JOINER, was not engaged and employed by him in connection with the subject project that the contract for said project would not be awarded to this Defendant. 3. Plaintiff's actions and conduct are directly and solely responsible for and totally caused the dispute, if any, between this Defendant and the Defendant, JESSIE M. JOINER, and because of said unclean hands Plaintiff should be required and ought to absorb and pay its own costs and legal fees in connection with bringing this action. WHEREFORE, having fully answered the Plaintiff's Complaint, this Defendant moves that same be dismissed, with prejudice, that costs be taxed against Plaintiff, and that Plaintiff go hence without day. I HEREBY CERTIFY that a true copy of the foregoing was furnished, by mail, this :)/day of May, 1986, to JOHN D. CASSELS, JR., Attorney for Plaintiff, P. 0. Box 968, Okeechobee, Fla. 33472. LAW OFFICES OF JOHN A. GENTRY, III, P.A. 707 North Flagler Drive Wes P lm Beach Fla. 33401 ( 5) 59 -65 By A torney .r Defe General Praotice VX Trial Prae ce Crunin // Steve Figley City of Okeechobee Public Utilities Department 55 Southeast 3rd Avenue Okeechobee__ '1Errida --- -334 -72 RE: J.J. Zayti Trucking, Inc. ---.� City Contract No.: 850401 Jerald D. Bryant Attorney At Law October 23rd, 1985 Dear Steve: 208 N.E. 3rd Avenue Post Oilier Hoc 816 Okeechobee, Florida 33472 Telephone 813-367-1776 This is to confirm our telephone conversation of this morning. After receiving the contract documents, receiving comments from you and L.C. Fortner and discussing the contract with Engineer Jim Broome, it is my recommendation that the City withhold future payment to the Contractor, Zayti, until his performance is in compliance with the contract specification. Section 2H, 2 -08 of the contract calls for "Asphaltic Concrete, Type S -1, all in accordance with... D.O.T. Standard Specifications." Zayti has provided the City with a Job Mix Formula, but has not provided a certified or approved D.O.T. mix. The engineer recommends that we require a certificate that the mix meets the D.O.T. standards as stated in the contract. I understand that this has been a problem with Zayti in the past. In reviewing the test report from Fraser Engineering and Testing, Inc. regarding S.W. 16th Street and S.E. 4th Avenue, I noted that the actual mix of the samples taken deviated substantially from the Job Mix Formula submitted by Zayti. This is a second reason to withhold payment for these particular streets. I recommend that the City have samples tested from each stre t before any future payments are made. Regarding S.W. 15th Street, the irregular surface is obviously a result of Zayti's failure to lay a leveling course and, according to our engineer, the bumping of the paving machine by the asphalt truck. Section 211, 2 -08 provides that the leveling course shall be used to bring the existing surface to proper grade "where so shown on the plans." Section 19A, 19 -01 provides that the leveling course shall be included in the cost where "needed to conform to the plans." The plans specify a "0 to 4 1/2 inch level course" on S.W. 15th Street, so Zayti is responsible for this. It appears from Zayti's proposal, Schedule A, that the level course was included in the bid. For S.W. 15th Street there is more than twice the square yards of material than is shown for S.W. 16th Street, both being roughly two blocks in length. Zayti should be required to correct tl��., S.W. 15th Street work before being paid. If you desire to discuss thi:; furth,,r, plea call. 1 will retain the copy of the contract un 1 cs you or L.C. advise -lat you need it hack. Very truly yours, D JERALD I . JDB/jcb cc: L.C. Fortner, Administrative Asst. Jim Broome, Broome, Van Ostran & Assoc. Oakland Chapman, Mayor Bonnie Thomas, Clerk `To: City Council From: Director of Public Works Date: May 4, 1984 Subject: Bid Tabulations for Paving of Various Streets SW 6 Ave. 21 St. to 19 St. SW 6 Ave. 5 St. to NW 7 Ave. 14 St. to SE 17 St. Parrott Ave. TOTAL 1. Dickerson, Inc. P.O. Box 719 Stuart, Fla. 33494 2. B.P.M. Contracting Co. P.O. Box 458 Lake Placid, Fla. 33852 3. Ft. Pierce Paving P.O. Box 3265 Ft. Pierce, Fla. 33454 $22,033.00 $33,247.60 $10,915.80 $27,226.40 $93,422.80 4. Weekly Paving P.O. Box 1743 Sebring, Fla. 33871 $28,053.60 $29,189.95 $13,633.60 $18,237.40 $89,114.55 5. Highlands Asphalt, Inc. P.O. Box 2025 Sebring, Fla. 33870 6. Rock -A -Way, Inc. P.O. Drawer 668 Okeechobee, Fla. 33472 $23,427.72 $24,427.20 $12,569.62 $18,873.50 $79,298.04 7. Coburn Asplalt Paving 190 S.W. 87th. Terr. Okeechobee, Fla. 33472 1 8. 3.3. Zayti Trucking ;max^ 5090. 9th. St. 17c.171° Okeechobee, Fla. 33472 $16,102.74 $19,694.72 $ 8,841.00 $11,249.30 $55,887.76 9. Hardesty Paving Pave Rite Co. 302 N.E. 7th. St. Okeechobee, Fla. 33472 D. San Marco Contracting Co. Melbourne, Fla. 32901 1. LaGrow, Inc: P.0. Box 1024 Lake Placid, Fla. 33852 2. Al Willis Willis Bros. Paving 111 20th. St. Buckhead Ridge Okeechobee, Fla. 33472 $27,876.55 $31,537.30 $11,704.50 $22,319.40 $93,437.75 3. MacAsphalt 1550 S. Highlands Ave. Avon Park, Fla. 33825 CITY COUNCIL Oakland R. Chapman, Mayor COUNCIL MEMBERS Nick Collins Dr. Edward Douglas Oscar Thomas Andy Rubin CITY ADMINISTRATION Milton H. Davis Administrative Assistant 813.783 -4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon C. Fortner, Jr. Dir. of Public Utilities 813- 763 -7054 Larry Mobley Chief of Police 813- 763 -5521 L. Keith Tbmey, II Fire Chief 813- 763 -4423 Charles• "Chuck" Elders Dir. of Public Works 813- 763 -3926 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33474 -2932 Home of The Second Largest Fresh Water Lake in the United States Memorandum To: City Council From: Chuck Elders Date: November 17, 1986 Subject: First Phase Street Paving Project for 1986 -87 Year Streets To Be Paved This Phase: S.E. 6th. Ave. Between S.R. 70 & S.E. 2nd. St. - 510 Ft. S.W. 13th. St. Between US 441 & S.W. 3rd, Ave. - 690 Ft. S.W. 14th. St. Between US 441 & S.W. 3rd. Ave. - 690 Ft. S.W. 15th. St. Between US 441 & S.W. 3rd. Ave. - 690 Ft. S.W. 2nd. Ave. Between SW 16th. St. & SW 21st. St. - 1,644 Ft. N.E. 7th. St. Between N.E. 4th. Ave. & 5th. Ave. - 350 Ft. N.E. 5th. Ave. Between N.E. 6th. St. & 7th., St. - 510 Ft. Total Feet. - 5,084 Ft. Streets To Be Resurfaced This Phase: N.W. 9th. Ave. From SR 70 to Railroad N.W. 5th. St. From 441 to 2nd. Ave. N.W. 3rd. St. from 5th. Ave. to 6th. Ave. N.E. 4th. Ave. from 2nd St. to 6th. St. - 6,347 Sq. Yds. 1,778 Sq. Yds. - 1,778 Sq. Yds. - 3,278 Sq. Yds. Total Sq. Yards - 13,181 Sq. Yds. CITY COUNCIL Oakland R. Chapman, Mayor COUNCIL MEMBERS Nick Collins Dr. Edward Douglas Oscar Thomas Andy Rubin CITY ADMINISTRATION Milton H. Davis Administrative Assistant 813- 763 -4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon C. Fortner, Jr. Dir. of Public Utilities 813- 763 -7054 Larry Mobley Chief of Police 913- 763 -5521 Keith Torrey, II re Chief 3-763-4423 Irles• "Chuck" Elders of Public Works 763 -3926 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33474 -2932 Home of The Second Largest Fresh Water Lake in the United States Memorandum To: City Council From: Chuck Elders Date: November -H& 1986 Subje¢'t: Phase II. Proposed Street Paving List for 1986 -87 S.W. 10th. Ave. Between 6th. St. and 11th. St. - Sewer Work Required S.W. 9th. St. Between 10th. Ave. & 12th. Ave.- Sewer Work Required S.W. 11th. St. Between 10th. Dr. & 10th. Ave. - Sewer Work Required S.W. 5th. Ave. Between 18th. St. & 21st. St. S.W. 22nd. St. Between 441 & 2nd. Ave. S.W. 2nd. Ave. Between 13th. St. & 14th. St. S.W. 14th. St. Between 5th. Ave. & 7th. Ave. S.W. 10th. St. Between 10th. Ave. & 11th. Ave. - Possible Sewer Work S.W. 2nd. St. Between 9th. Ave. & S. Park St. S.W. 6th. St. Between Ilth. Ave. & 12th. Ave. - Sewer Work Required S.W. 2nd. St. Between 9th. Ave. & 10th. Ave. S.W. 9th. Ave. Between 2nd. St. & S. Park St. S.W. 2nd. Ave. Between 21st. St. & 23 St. N.W. 2nd. Ave. Between 6th. St. & 8th. St. N.W. 10th. Ave. Between 6th. St. & 7th. St. - Sewer Work Required N.W. 7th. St. Between 10th. Ave. & Ilth. Ave. - Sewer Work Required N.W. 2nd. St. Between 11th. Ave. & 12th. Ave. N.W. 3rd. St. Between Ilth. Ave. & 12th. Ave. N.E. 5th. St. Between 4th. Ave. & 6th. Ave. N.E. 2nd. Ave. Between 3rd. St. & 7th. St. Year 1979 1980 1981 1982 1983 (8/31/83) Total CITY OF OKEECHOBEE TRANSPROTATION ROAD AND STREET FACILITIES Budget Actual 139,150.00 163,970.0 239,990.00 206,533.00 Projected 190,290.00 195,686.00 + *15,683.00 = 205,973.00 353,863.00 302,281.00 378,275.00 349,485.04 381,256.00 1,301,568.00 1,217,955.04 + * + 15,683.00 1,233,638.04 Drainage s i CITY OF OKEECHOBEE, FLORIDA SCHEDULE OF GENERAL FUND EXPENDITURES - BUDGET AND ACTUAL (CONTINUED) Year Ended September 30, 1979 Public Safety Law Enforcement Salaries Overtime Incentive pay Education Investigation Operating expense Crime lab Communications Capital outlay Fire Control Salaries Overtime Operating expense Capital outlay Hydrant demand charge Protective Inspections Building official salary Expense allowance Office expense Emergency and Disaster Relief Services Civil Defense Total - Public Safet 200 411,090 Over (Under) Actual Budget $211,635 $200,430 $(11,205) 6,500 6,413 (87) 3,125 2,751 (374) 700 598 (102) 400 (400) 34,485 38,516 4,031 2,050 2,074 24 3,600. 3,893 293 8,500 8,120 (380) 270,995 26 2 (8,200) 69,925 69,421 (504) 3,150 1,558 (1,592) 15,650 24,027 8,377 13,350 7,253 (6,097) 22,440 22,440 124,515 124,699 184 12,430 12,569 139 2,600 2,659 59 350 537 187 15,380 15,765 38 Ph sical Environment Garbage Solid Waste Control Services Refuse collection Transportation Road and Street Facilities Salaries Overtime Operating expense Capital outlay Street lighting Human Services Health Humane Officer's salary Animal Pound expense 10,440 10,421 (19) 1,200. 1,503 303 11,640 11,924 284 Contingencies 2--- 5 , 000 (25_ 000) ni 830 80 g07 26 23) 12,500 61,000 2,500 29,000 10,650 36,000 139,150 403,259 12,460 (200) (7,831) (40) 56,907 (4,093) 3,258 758 49,184 20,184 11,181 531 43,440 7,440 163,970k' 24,820 Total - General Fund CITY OF OKEECHOBEE, FLORIDA SCHEDULE OF GENERAL FUND EXPENDITURES - BUDGET AND ACTUAL (CONTINUED) Year Ended September 30, 1980 Public Safety Law Enforcement SalariE� Overtime Incentive pay Education Investigation Operating expense Crime lab Capital outlay Fire Control Salaries Overtime Operating expense Capital outlay Hydrant demand charge Protective Inspections Building official salary Expense allowance Office expense Budget $ 221,455 6,500 5,560 700 400 34,485 2,145 8,450 279,695 87,245 2,500 12,100 1,000 23,280 126,125 16,075 2,860 1,175 Emergency and Disaster Relief Services 20,110 Civil Defense 200 Total - Public Safety 426,130 Physical Environment Garbage /Solid Waste Control Services Refuse collection -' Transportation Road and Street Facilities Salaries Mechanic Overtime Operating expense Capital outlay Street lighting City barn addition Human Services Heat Humane Officer's salary 12,540 Office expense Animal Pound expense 1,200 1,200 Parks and Recreation 14,940 Parks - landscaping 6,050 Contingencies 9,500 Total - General Fund . $1,374,555 15,338 67,690 11,050 2,500 60,735 22,750 44,000 31,265 239,990 - 18 - Actual $ 211,480 4,970 6,052 450 274 37,236 1,606 12,727 274,795 88,770 1,726 13,667 318 23,280 127,761 16,660 2,674 1,376 20,710 -0- 423,266 15,213 60,528 9,817 3,455 38,013 15,818 46,912 31,990 206,533 / 10,975 1,131 1,427 13,533 7,041 $1,305,607 MCALPIN CITIr i u Ac,:rto, Over (Under) Budget $ (9,975) (1,530) 492 (250) (126) 2,751 (5 39) 4,277 (4,900) 1,525 (774) 1,567 (682) 1,636 585 (186) 201 600 (200) (2,864) (125) (7,162) (1,233) 955 (22,722) (6,932) 2,912 725 (33,457) (1,565) (69) 227 (1,407) 991 (9,500) _l68 94 ) CITY OF OKEECHOBEE, FLORIDA SCHEDULE OF GENERAL FUND EXPENDITURES - BUDGET AND ACTUAL (CONTINUED) Year Ended September 30, 1981 Public Safety Law Enforcement Salaries Overtime Incentive pay Education Confiscated property Operating expense Crime lab Capital outlay Code enforcement Fire Control Salaries Overtime Operating expense Capital outlay Hydrant demand charge Protective Inspections Building official salary Expense allowance Office expense Emergency and Disaster Relief Services Civil Defense Total - Public Safety Physical Environment Garbage /Solid Waste Control Services Refuse collection 80,000 Flood Control Drainage iF 28,759 '15_,683 (13,076) Total - Physical Environment 108,759 73,726 (35,033) Transportation Road and Street Facilities Salaries Mechanic Overtime Operating expense Capital outlay Street lighting Budget Actual Over (Under) Budget $ 250,285 $ 237,359 $(12,926) 5,500 5,699 199 8,040 7,106 (934) 750 532 (218) 451 439 (12) 32,000 38,802 6,802 2,135 2,016 (119) 16,000 14,960 (1,040) 500 686 186 315,661 307,599 (8,062) 99,125 100,699 1,574 2,500 3,925 1,425 26,091 33,419 7,328 16,385 7,930 (8,455) 27,000 27,000 171,101 172,973 1,872 14,165 14,165 2,860 2,883 23 500 681 181 17,525 17,729 204 200 (200) 504,487 498,301 (6,186) 58,043 (21,957) Human Services Health Humane Officer's salary Office expense Animal Pound expense Capital outlay Parks and Recreation Parks - landscaping Contingencies Total - General Fund - 21 - 70,290 10,200 3,500 53,300 1,000 52,000 190,290 7 , 9,395 2,000 1,700 4,500 17,595 68,135 (2,155) 10,013 (187) 4,589 1,089 55,207 1,907 940 (60) 56,802 4,802 195,686b 5,396 8,714 (681) 2,220 220 1,559 (141) 4,500 16,993 (602) 9,500 8,559 (941) 6,334 (6,334) $1,173,818 $1,185725 $_11 907 CITY OF OKEECHOBEE, FLORIDA GENERAL FUND SCHEDULE OF EXPENDITURES - Continued (Budget and Actual) Year Ended September 30, 1982 General Government: (Cont'd) Comprehensive planning: Personal services Operating expenses Capital outlay Total comprehensive planni Judicial: Personal services Operating expenses Capit, 1 outlay Total judicial Total general government Transportation: Road and street facilities: Personal services Operating expenses Capital outlay Total transportation, road and street facilities Physical Environment: Garbage /solid waste control services: Personal services Operating expenses Capital outlay Total physical environment, solid waste services Human Services: Health: Personal services Operating expenses 12,539 Capital outlay 6,900 Total human services, health .__1 200 19� 639 ng Variance Budget Favorable - -_._ Actual Ac (Unfavorable) 1,500 4,100 100 1,500 3,211 100 S 700 5700 4,811 1,800 1,630 3,530 23 6 889 889 1,675 125 1,503 127 100 3 278 252 2--- -2 52.x0.10 15 364) 118,181 113,233 136,624 115,328 9 9 059 ,,.,,. —LLD0 35- 3.863 168,000 168,000 302,281° 200,033 20-- 0 - -033 4,948 21,296 2 5 338 51 582 ( 32,033) 32 033) 12,663 ( 124) 6,565 335 217 17) 19 445 194 5h `s a:. ) 2 1 OKEECHOBEE COUNTY Transportation Expenditures AS BUDGETED FY - 78 -79 $ 581,180.93 105,141.29 (Supplemental) FY - 79 -80 FY - 80 -81 Total 686,322.22 676,715.40 5,985.69 188,805.25 (Supplemental) 24,163.97 271,645.09 Total 1,167,315.40 782,319.30 250,000.00 (Supplemental) 30,892.16 Total 1,063,211.46 FY - 81 -82 855,942.54 43,900.00 (Supplemental) Total 899,842.54 1,244,895.03 115,000.00 (Revenue Sharing) Total 1,359,895.03 FY - 82 -83 Grand Total 5,176,586.65 In addition the following figures, which were not included in the County's original total, could have been utilized according to the Statute. They represent the debt service over the last five years from the County's Road and Bridge Bond 1967. Fla. Development Commission. 1978 - 79 1979 - 80 1980 - 81 1981 - 82 1982 - 83 $ 191,986.39 180,031.53 179,491.16 178,374.25 172,806.65 .•. //& of) O £L) 8,4) /24 0 0 0 -- ��2 5 F) /2. 23'7 0 0 0 QUA- w SOD, oy poo 241.0D da o a4i• 3 3 2 f' a i l 2. 114 . o A 7� 9 c? -.!, l � 13 boa 7 6 9 -- efrit �--•. D 06> D 4-1-0 5/ DA/4 //gig- GA_ f, 6 /if A 40 ,g,4 -4 • 020/ es) e5L0 .74/2/i)IrIC IgL P. /1/4c A./ AP pLi4 "ti 9104 6 2 . r. d--06=26 ,C.. , rr; Ail L.2, Co s 1 ,91412 o' Zfr N. 1 • --4 " c 2 r r^1 +1, 4 • • , A r7 C • — - • -t e •t+`4 • *-* ,..t 0- 0 ,...c. 0' ..1: 0- .,.... CI C . • • • 0 • N r.... h. 4- ..t .,t -1' • • • •:7.2 'Cr • —.4 t C .., 0 ;....._ t. -L. . .1.- ‘...... ......, ....., ... . ,.._.. --i 1. —.I 't73. 44— J. N. 0, • • t-T r r.-- r 7 0-;-• "t", C. • r-, rs, ▪ 1-- C , 7 /7 CT 1 1 p- r r r • ; "- - ha 7. ---. 1 . 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'-1 C C '-1 X A C • • • • m C • ti • w CC a C «-, C- r- Jr G C: a C -W c -c rr r- C CJ 0- C r CGr- -1 C C, JC r-- A'. r? r. - C rri 'c A C:, m. .t G X • A rr. r. t < 0- r- 0- x x -t rr m -n rrr c, n x. rr -1 A C: 7C :c t. 7C 2 G -1 rri t) C' Vr Tl -i C-. -r, C c1 C rr i w r 2 n N C l Lr -{ .4 v v r-. w7 CL N v1 C ,C 1; I> a cz x • • T. r, L- c < p r-'' L- C 4-' vi V' CD C G T ti Cn -t C6 AC -1 C rr .0 .f A C c m 7r, a- c/ 7i Q- rri rr -t C x rr CD xni ION dx -4 1;;;' c -4 r r ""4 rr* x X rr r C.' C") r L r rr, Cr Dr Cr r LI, X V -r r rr 2 •••i rr rr 1`.44 C.4 41P P— 1.-.. 0.; cc_ • • • • • . • • n- c 0 0 U0 c..-., - C. 0 c c 11 , V.. 0 I.-0 V) I V' fr.+ Pr'r P-. P.., U.; la. l.....; t..... 0.. (z. cx (.-x • • • • x Lr' LY: CC; c,... 0 0 0 • • 0 r rr .1" fr rn 0 4.1 rr L- 71 -c r- CITY COUNCIL Oakland R. Chapman, Mayor COUNCIL MEMBERS Nick Collins Dr. Edward Douglas Oscar Thomas Andy Rubin CITY ADMINISTRATION Milton H. Davis Administrative Assistant 813-763-4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon C. Fortner, Jr. Dir. of Public Utilities 813- 763 -7054 Larry Mobley Chief of Police 813- 763 -5521 L. Keith Thmey, II Fire Chief 813- 763 -4423 Charle•"Chuck" Elders Dir. of Public Works 813- 763 -3926 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33474 -2932 Home of The Second Largest Fresh Water Lake in the United States April 17, 1986 Mr. Jim Zayti J. J. Zayti Trucking, Inc. Post Office Box 728 Okeechobee, Florida 33473 RE: PAVING PROJECT S.E. Eighth Drive /S.E. Third Street Dear Mr. Zayti: The City of Okeechobee has been put on notice that Jesse M. Joiner has a claim for amounts due, from your company, for equipment provided and/or services rendered on the above referenced project. As a result, the City will require a release of lien from Mr. Joiner prior to payment of any amounts due your company. Further, the affidavit dated April 16, 1986,-and presented to the City's Department of Utilities, states that "Subontractors" have received full payment, but no such certification was sub- mitted regarding those providing labor and services or equip- ment. This will be required before final payment will be made. If you have any questions or need additional information, feel free to contact me. Sincerely, CITY OF OKEECHOBEE Mxiton H. Davis Administrative Assistant sf xc: City Council JOHN D. CASSELS, JR. ATTORNEY 400 NORTH WEST SECOND STREET POST OFFICE BOX 968 OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -3131 FILE NUMBER. DATE: The undersigned hereby acknowledges receipt of the following instruments: AEOA (064-4 61,66a2-/ 9e (i' , > aA,lit. RECIPIENT REQUISITIONED BY (PERSON) luuet�� DATE f Z. S -�� DEPARTMENT ACCOUNT NUMBER CHARGED St v eet Xi{ 1-6300 5 /— -' 3 °KEcti PURCHASE ORDER of f ':t: - e CITY OF OKEECHOBEE, FLORIDA z, it ^� 55 S.E. THIRD AVENUE ``y OKEECHOBEE, FLORIDA 33472 h.LORI PURCHASE ORDER No 08703 ABOVE NO MUST APPEAR ON ALL PACKAGES, PACKING SLIPS, INVOICES & CORRESPONDENCE F —I SHIPPING —* , MAKE ALL DELIVERIES TO RECEIVING DEPARTMENT PACKING SLIP MUST ACCOMPANY EACH SHIPMENT SHOW QUANTITY & ABOVE NO. ON EACH PACKAGE ,--.-„,t,, _, • , "! -r'��. J BILLING _÷ MAIL INVOICE IN DUPLICATE TO ACCOUNTS PAYABLE DEPT., WITH SHIPPING DOCUMENTS, IF ANY, THE DAY SHIPMENT IS MADE OR SERVICE RENDERED. DATE F.O.B. Cl DEST. El SHIP VIA ❑ BEST WAY ❑ TERMS SALES TAX EXEMPT NO 04- 00010 -03 -57 DEL. REQUIRED BY ITEM NO. QUANTITY DESCRIPTION QUAN. REC'D. _ BAL. DUE' DATE RECD UNIT PRICE TOTAL PRICE 1 Invoice as s,tbtn+tteJ rel ajivg To prepararion mild paying 28,Z3t.00 2 in Southern 't Sect Ion 3 4 Lesc ctlV ► reted anouvir o'weci to t.E11101 not tC eAceed $77 oo,CC ( 7,400.00 5 6 7 8 9 ciu_L_.- y7, 83i.DO 10 11 12 13 14 15 16 s' 17 18 _APR /Y W I ',Y'Y j 0- co 5 9.-. 20 (Lt: ft, 21 22 • DUALITY AND INSPECTION — All material and services furnished must be specified and will be subject to inspection and approval after delivery of performance. The right is reserved to reject at the risk of the seller such portion of any shipment or performance as may be defective or fail to comply with specifications. If rejected the disposition will be at the expense of the seller. • QUANTITY — The specific quantity must not be changed without City approval. RECEIVED AT RECEIVING DEPARTMENT BY DATE SIGNATURE DOCUMENT NUMBER CITY OF OKEECHOBEE OKEECHOBEE, FLORIDA DOCUMENT PURCHASE ORDER T GROSS DISCOUNT OTHER NET TYPE DATE I NUMBER L AMOUNT AMOUNT I CHARGES AMOUNT GENERAL FUND GENERAL FUND TYPE (I) INVOICE (C) CREDIT MEMO (D) DEBIT MEMO (X) CONTRACT PAYABLE COMMENT PLEASE DETACH BEFORE DEPOSITING CITY OF OKEECHOBEE Cin HALL 55 S.E. THIRD AvI -:Nt h OKEECHOBEE. FLORIDA 33472 Home of The Second Largest Fresh tt'ater Lake in the Outed States 445',sry SUN BANK /OKEECHOBEE 06922 OKEECHOBEE, FL 33472 i53L 00 VOID IF NOT PAIOWITHIN- 90BAYS', 63 -893 670 DENTIFICATION NUMBER DATE CHECK NUMBER NET AMOUNT 20,831.CO PAY r TO THE ORDER OF roat. Oar MAYOR OR'DESIGNATE COPY -NRT. NEGOTIABLE CITY CLERK OR DESIGNATE 4 --- 06924 DOCUMENT DOCUMENT t#URCHASEA)BOER - "NUMBER TYPE -; NUMBER CITY OF OKEECHOBEE OKEECHOBEE, FLORIDA 'DISCOUNT GROSS AMOUNT AMOUNT GENERAL FUND ThmR WAR 4-29-86 2') :1:7,-14n7.0fl Disputed ;,r,iont.)..t- Balance of Pat Frojt :..ection * TYPE (I) INVOICE (C) CREDIT MEMO (D) DEBIT MEMO (X) CONTRACT PAYABLE PLEASE DETACH BEFORE DEPOSITING 4. • ECEMNK1EPARTMENT BILLING a dif DUPIJCATETio Accourtrs °PAYAB:E leg Project„. 20 21 22 ed "and will lbdaubjl detective or tail : Wit_ 0RM 218 -3 Avalla Iran (▪ Nd33/ Inc. Groton, MYa 01171 PROPOSAL SUBMITTED TO City of Okeechobee STREET Proposal Page No. of Pages J.J. ZAYTI TRUCKING INC. Asphalt Division 509 NW 9th St. OKEECHOBEE, FL. 33473 -0728 (813) 467.2481 EMERGENCY CONTRACT ■ PHONE 813 - 763 -7054 DATE 55 SE. 2nd Ave CITY, STATE and ZIP CODE JOB NAME Okeechobee, Florida 33472 ARCHITECT JOB LOCATION DATE OF PLANS S.E. 8th Drive and 3 rd Street /Nit Frupnsr hereby to furnish material and labor — complete In Upon Completion of Job JOB PHONE accordance with specifications below, for the sum of: Payment to be made as follows: dollars ($ 28, 231.00 All material is guaranteed to be as specified. All work to be completed M a workmanlike manner according to standard practices. Any alteration or deviation from specifications be- low Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, acci- dents or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorize Signal ote$t�tfa pr pole? withdrawn by us if not accepted within , General Manager days We hereby submit specifications and estimates for. Paving and Overlay for SE_ 8th .and __SE.3rd S.E. 8th 4500 sq. yds. 11" _Asphalt _.Paving _.@ $ 3..25__ per sq. yd.. 1067 sq. yds. 1" Overlay Paving @ $ 3.00 per sq. yd. 270 yards Shell @ $ 4.50 per yard Preperation Loader 1 Day $ 400.00 Grader 3 Days 1,500.00 Roller 2 Days 500.00 Back Hoe 2 Days 600.00 Truck 350.00 $ 3,350.00 Take Out 200 Cubic Yards S.E. 3rd Street 1160 sq. yds. 11" Asphalt Paving @ $ 3.25 per sq. yd. Extra Work on S.E. 8th and 3rd 1454 sq. yds. Culdesacs and Roads 11" Asphalt Paving @ $ 5.00 per sq. yd. Patching on Culdesacs Less Amount Deducted from Taddie by Broome Arrrptattrr of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. 14, 6.25...00 3,201.00 1,215.00 19,041.00 3,770.00 = 7,270.00 1,300.00 - 6,500.00 Signature TOTAL DUE $28,231.00 Date of Acceptance. Signature ,0114 118,1 MOON* Imo &O ink arekn. Mse- 01411 /97//, 76/751 s a2S, ? 3 ao 71/1z-- of o U-r5)/zr. • /99-///s/ /9,Ae27,'D '#z)2 -e7 44y a? (9:3/ 6 6 0.07,P eX//q10,e494/ 61'd C/i2/Z; .1 00 4iG-A A 5 A/6 4/e7 S "II FINAL AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, personally appeared THOMAS PRUETT, who after being by me first duly sworn, deposes and says of his personal knowledge as follows: 1. He is the General Manager and authorized agent of J.J. ZAYTI TRUCKING, INC., which does business in the State of Florida, hereinafter called the "Contractor." 2. Contractor, pursuant to an oral contract, entered into the second week of February, 1986, with the City of Okeechobee, hereinafter referred to as the "City ", has furnished or caused to be furnished labor, material and services for the construction of certain improvements, resurfacing for Southeast 8th Drive and Southeast 3rd Street and additional work on 3rd Street Extension. 3. This Affidavit is executed by the Contractor in accordance with Section 713.06(3)(d) of the Florida Statutes for the purpose of obtaining a final payment from the City in the amount of TWENTY THOUSAND FOUR HUNDRED AND ELEVEN DOLLARS, less $7,400.00 held by the City due to notice received by Jessie M. Joiner. 4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors. NAME OF LIENOR AMOUNT DUE 1. JESSIE M. JOINER contested but does not Quality Paving of Fort Myers, Inc. exceed $7,400.00 Post Office Box 6276 Fort Myers, Florida 33901 2. iy /4 $ 3. r4 Signed, sealed and delivered this 2 9 day of April, 1986. J. J. ZAYTI TRUCKING, INC. BY: THOMAS PRUETT General Manager, J.J. Zayti Trucking, Inc. SUBSCRIBED and SWORN to before me this 1986. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY CONNISSION EXP. APR 19,1988 BONDED THRU GENERAL INS. UNO. day of April, FINAL AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE i BEFORE ME, the undersigned authority, personally appeared THOMAS PRUETT, who after being by me first duly sworn, deposes and says of his personal knowledge as follows: 1. He is the General Manager and authorized agent of J.J. ZAYTI TRUCKING, INC., which does business in the State of Florida, hereinafter called the "Contractor." 2. Contractor, pursuant to an oral contract, entered into the second week of February, 1986, with the City of Okeechobee, hereinafter referred to as the "City ", has furnished or caused to be furnished labor, material and services for the construction of certain improvements, resurfacing for Southeast 8th Drive and Southeast 3rd Street and additional work on 3rd Street Extension. 3. This Affidavit is executed by the Contractor in accordance with Section 713.06(3)(d) of the Florida Statutes for the purpose of obtaining a final payment from the City in the amount of TWENTY THOUSAND FOUR HUNDRED AND ELEVEN DOLLARS, less $7,400.00 held by the City due to notice received by Jessie M. Joiner. 4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors. NAME OF LIENOR AMOUNT DUE 1. JESSIE M. JOINER contested but does not Quality Paving of Fort Myers, Inc. exceed $7,400.00 Post Office Box 6276 Fort Myers, Florida 33901 2. /V / r $ 3 . N /r1 r4 Signed, sealed and delivered this 2Y day of April, 1986. J. J. ZAYTI 'T,2UCKING, INC. BY: :7'24 THOMAS PRUETT General Manager, J.J. Zayti Trucking, Inc. SUBSCRIBED and SWORN to before me this Ll day of April, 1986. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. APR 19,1988 BONDED THRU GENERAL INS. UNO. ORM 218 -3 Simi/WA hom (Amu/Inc.. Groton. Mau. 01471 1lru4wLa1 Page No. 1 of 1 Pages J.J. ZAYTI TRUCKING INC. Asphalt Division 509 NW 9th St. OKEECHOBEE, FL. 33473 -0728 (813) 467-2481 EMERGENCY CONTRACT PROPOSAL SUBMITTED TO City of Okeechobee PHONE 813 - 763 -7054 DATE STREET 55 SE. 2nd Ave JOB NAME CITY, STATE and ZIP CODE Okeechobee, Florida 33472 JOB LOCATION S.E. 8th Drive and 3 rd Street ARCHITECT DATE OF PLANS JOB PHONE Frupuir hereby to furnish material and labor — complete in accordance with specifications below, for the sum of: Upon Completion of Job Payment to be made as follows: dollars ($ 28, 231.00 All material is guaranteed to be as specified. All work to be completed In a workmanlike manner according to standard practices. Any alteration or deviation from specifications be- low Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, acci- dents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorize Signs 4o sty, s p p iq ,e , General Manager withdrawn by us if not accepted within days We hereby submit specifications and estimates for: Paving and Overlay for SE 8th and SE 3rd S.E. 8th 4500 sq. yds. 11" Asphalt Paving @ $ 3.25 per sq. yd. sq. yds. 1" Overlay Paving @ $ 3.00 per sq. yd. 270 yards Shell @ $ 4.50 per yard Preperation Loader 1 Day $ 400.00 Grader 3 Days 1,500.00 Roller 2 Days 500.00 Back Hoe 2 Days 600.00 Truck 350.00 $ 3,350.00 Take Out 200 Cubic Yards S.E. 3rd Street 1160 sq. yds. 11" Asphalt Paving @ $ 3.25 per sq. yd. Extra Work on S.E. 8th and 3rd 1454 sq. yds. Culdesacs and Roads 11" Asphalt Paving @ $ 5.00 per sq. Patching on Culdesacs y • $ 14,625.00 = 3,201.00 1,215.00 19,041.00 $ 3,770.00 7,270.00 = 1,300.00 Less Amount Deducted from Taddie by Broome - 6,500.00 .LtirlLptanrr of f rnposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. TOTAL DUE $28,231.00 Signature Date of Acceptance: Signature 6..- .616 -. • rrmc;7— .,. — 61•21 j February 6, 1986 MEMORANDUM To: City Council From: Milton Davis" Subject: NO. 2 CITY STREET PAVING PROJECT The Public Works Department has completed a traffic count on all city streets now open to traffic. Listed below are 16 streets with the heaviest traffic load, with a count from 145 to 703 cars in a 24 -hour period. It is suggested that these, more heavily used, streets top the paving list. Listed in order of usage: I. 5 u) / z-4 yv, . . nd Avenue between 2nd and 3rd Street %( ed��`r` 2. S.E. 6th Avenue between S.R. 70 and 2nd Street - 3. S.W. 10th Avenue between 6th and 9th Street 4. N.E. 5th Street between 4th and 6th Avenue 5. S.W. 14th Street between U.S. 441 and 2nd Avenue 6. N.W. 12th Street between U.S. 441 and 3rd Avenue 7. S.W. 10th Avenue between 9th and 10th Street 8. N.E. 7th Street between 4th and 5th Avenue 9. S.W. 9th Street between llth and 12th Avenue 10. N.W. 10th Street between U.S. 441 and Dead End 11. N.E. 5th Avenue between 6th and 7th Street 12. N.W. 8th Street between llth Avenue and Dead End 13_ S.W. 5th Avenue between 18th and 21st Street 14. S.W. 2nd Avenue between 17th and 21st Street 15. N.E. 44:. Street between 6th Avenue and Dead End 16 S.W. lith Str: A ~. 1-atween 10th Drive and 30th Avenue S L� / j hw% si xc: Chuck Elders file m'( ti e 11--1F-11- ... .................�......s,�. ...�� 5151. Jr] 51.51 L 1� CCU C 1 Cl .1•0.•..• • i 1 J [ r ( J - -1 1 W D ' Q U u 1:611:. , I.an: I 1D .r 5e- 11TH wino r JIS•,.11 r rOTH - ■ N ErED u� ••n.nn =I MIN MO I1 • ■ 1 NI. ti 1!I• — - 5 A rk 1111r71.1111.... [3lN I1 4T STN ifTM l�T ST I j IVI1 M••ln NNO 5UEJ -sT •.•• 500 c_ :oo o5Oo ••••••51...00•0 :r.: ;�- I- •5151—,; anCl. 1 I uE ?WO •T 1- e 3�. 1 Jr 1 -1 3E 14TH IT 7! 1771 VT STREET MAP CITY OF OKEECHOBEE, FLORIDA PREPARED BY BROCKWAY, OWEN 9 ANDERSON ORM 218 -3 Available from /MSSS /Inc, Groton. Maas. 01471 Proposal Page No. 1 of 1 Pages J.J. ZAYTI TRUCKING INC. Asphalt Division 509 NW 9th St. OKEECHOBEE, FL. 33473 -0728 (813) 467 -2481 EMERGENCY CONTRACT PROPOSAL SUBMITTED TO City of Okeechobee PHONE 813 - 763 -7054 DATE STREET 55 SE. 2nd Ave JOB NAME CITY, STATE and ZIP CODE Okeechobee, Florida 33472 JOB LOCATION S.E. 8th Drive and 3 rd Street 1 ARCHITECT DATE OF PLANS JOB PHONE frapr$P hereby to furnish material and labor — complete in accordance Upon Completion of Job with specifications below, for the sum of: Payment to be made as follows: dollars ($ 28, 231.00 All material Is guaranteed to be as specified. All work to be completed In a workmanlike manner according to standard practices. Any alteration or deviation from specifications be- low involving extra coats will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, acci- dents or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorize 4( a%%JJ �� {{ eS ee is poposRUly ei General Manager withdrawn by us if not accepted within days. We hereby submit specifications and estimates for: Paving and Overlay for SE 8th and SE 3rd S.E. 8th 4500 sq. yds. 11" Asphalt Paving @ $ 3.25 per sq. 1067 sq. yds. 1" Overlay Paving @ $ 3.00 per 270 yards Shell @ $ 4.50 per yard Preperation Loader 1 Day $ 400.00 Grader 3 Days 1,500.00 Roller 2 Days 500.00 Back Hoe 2 Days 600.00 Truck 350.00 $ 3,350.00 Take Out 200 Cubic Yards S.E. 3rd Street 1160 sq. yds. 11" Asphalt Paving @ $ 3.25 Extra Work on S.E. 8th and 3rd 1454 sq. yds. Culdesacs and Roads ......... ............................... . 11" Asphalt Paving @ $ 5.00 per sq. yd. Patching on Culdesacs Less Amount Deducted from Taddie by Broome ,�# rr)e1t UU of f rnpfOZ11 — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance. yd sq. yd. per sq. yd. $ 14,625.00 as 3,201.00 = 1,215.00 19,041.00 _ $ 3,770.00 7,270.00 1,300.00 - 6,500.00 TOTAL DUE $28,231.00 Signature Signature 80144 ! 4114 Ava wa sew AMft. °rein Mw. UM j ),kAW4 CITY OF OKEECHOBEE RESIDENTIAL STREET CONSTRUCTION Right -of -way Preparation: All city rights -of -way will be cleared to a width necessary to accommodate all phases of the construction project. The shoulders, slopes, roadside ditches or swales shall be dressed to a finished elevation to carry all surface water to the existing outfall. After the finished surface has been laid, the only remaining action shall be the finishing of the front slopes and shoulders to a smooth transition with the edge of the pavement. Any seeding will be done by City crews. All travelways will be con- structed to a width of not less than 20 -feet from inside of curb to inside of curb, or from edge of pavement to edge of pavement. All radiuses at 90° intersections will be 30 -ft. or as determined by the public works director. All radiuses at angled in- tersections will have a necessary curve to best accommodate the flow of traffic or as determined by the public works director. Subbase: The subbase shall be of shell stabilization to a depth of six - inches compacted below the bottom of the base. The subbase shall contain no decaying matter such as muck, organic materials or any material which may result in a later settlement of the pave- ment. The subbase shall be mixed with shell and compacted to test no less than 95% density and to have a width no less than 21 -ft. Base Construction: The base shall be constructed on an approved subbase and have a true line and approved true elevation. The base shall be constructed with the approved shell and compacted to a depth of no less than six - inches and a width no less than 21 -ft. and a density to test no less than 95 %. The load bearing ratio shall be no less than 50. The base material is to be placed with a bull dozer or a grader and be finished to a smooth compact finish with no more than 10% moisture or as approved by the public works director. The base is to be no less than 21 -ft. and extend six - inches beyond the pavement edge or six - inches behind the curb, if there is an existing curb. Driveway: All existing driveways are to be stabilized with six - inches of shell to the property line. All driveways that are unpaved at the beginning of the project will receive two -feet of pavement from the edge of pavement into the driveway. These paved aprons shall be no less than 15 -feet in width and center with the existing driveway. All driveways that are paved at the beginning of the project are to be sawed on a straight line at the property line and be repaved with a smooth transition at the pavement edge and with the edge of the original driveway pavement. page 1 of 3 Finished Surface: After the base has been approved by the city's director of public works, all shoulder slopes and ditches have been approved and ready to receive grassing, then the pave- ment surface will be laid on the base with a tack coat of RC -70 or RC -250 grade of cut -back asphalt. The finished surface is to be laid with an approved spreader to a depth of no less than 1 -1/4- inches of shell mix asphalt. The shell or the shell mix asphalt is to be of an approved quality with the proper screening and proper sizing of material fillers. Stone or slag may be added which will pass the No. 10 sieve and not more than 35% shall pass the No. 200 sieve with the approval of the public works director. All material shall be free from organic impurities and not more than 4% clay minerals. An average of seven percent asphalt with a variation, up or down, from one to two per- cent and approved to obtain the proper shell, asphalt mix. Resurfacing: All existing paved streets, which require a leveling course, will receive a leveling course of approved leveling mix. Before any leveling course is laid, all depressions in the existing surface one -inch deep or more will be filled by leveling course mix and then thoroughly compacted. All leveling materials will be spread with a motor - grader equipped with a spreader box or other equipment approved by the public works director. If any leveling course exceeds 50 -lbs. to the square yard the mix will be laid in two or more layers not to exceed 50 -lbs. per square yard. All existing paved streets will re- ceive a tack or primer course before the leveling course is laid. Existing Subbase or Base on Unpaved Streets: Existing city unpaved streets where the existing subbase and base meet the required tests and where existing elevations will allow for necessary additions to the existing subbase or base to bring it into compliance with necessary requirements, such base or subbase may remain in place as the base or subbase for construction of a paved street. The acceptance or rejection of the use of the existing sub material will be approved or disapproved by the public works director. Where existing subbase or base does not exist, to the required depth, and it is necessary to add additional material, it will be required that existing subbase be scarified to create a bond between old and new material. Protection to the Public Against Damage to Vehicles within the Construction Area: All construction sites are to be barricaded with the proper barricade equipment within the construction site. Flashing barricades shall be placed at hazardous locations at night for the protection of the public as well as on site equipment. If the entire width of the street necessarily be closed to traffic, it will be the responsibility of the contractor to barricade the street so as to keep traffic from entering the work site. page 2 of 3 Such barricades must be placed at the proper locations as to detour traffic into a proper detour route. The contractor shall be responsible for damage or claims for damage by any motorist allowed to enter a work site. This includes areas where automobile paint jobs may come in contact with liquid asphalt. NOTICE: The above rules and specifications, as written, has been adopted by the City Council as the standard construction formula for Okeechobee, Florida city streets and vari- ations from these rules and specifications will not be allowed except by City Council approval. These specifications shall apply to all city streets or those streets sub- ject to annexation into the city limits. page 3 of 3 J.J. ZAYTI TRUCKING, INC. .-co 4,(5-, _u February 4, 1986 City of Okeechobee 55 SE 2nd St. Okeechobee, Florida 33472 Paving and overlay for SE 8th and SE 3rd S.E. 8th 4500 sq. yds. 11/2" Asphalt Paving @ $ 3.25 per sq. yd. _ $ 14,625.00 1067 sq. yds. 1" Overlay Paving @ $ 3.00 per sq. yd. = 3,201.00 270 yards Shell @ $ 4.50 per yard = 1,215.00 PREPERATION Loader 1 Day $ 400.00 Grader 3 Days 1,500.00 Roller 2 Days 500.00 Back Hoe 2 Days 600.00 Truck 350.00 $ 3,350.00 Take Out 200 cubic yards. S.E. 3rd Street $ 19,041.00 1160 sq. yds. 11/2" Asphalt Paving @ $ 3.25 per sq. yd. _ $ 3,770.00 r TOTAL PAVING, OVERLAY, AND PREPERATION Less Amount Deducted from Taddie by Broome Sam Joiner Zayti Trucking, Inc. Asphalt Division p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 t/p TRANSPORTING Z SINCE 1947 MATERIALS $ 3,770.00 $ 26,161.00 - 6,500.00 NOTICE TO OWNER TO: City of Okeechobee City Hall Okeechobee, FL 33472 (owner) January 22, 1986 .2tq Please be informed that the undersigned is furnishing, or has furnished materials, services or labor consisting of Asphalt for the improvement of real property described as: Various locations in the City of Okeechobee under an order given by: ROCK -A -WAY, INC. Florida Law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Section 713.06, Florida Statutes. Florida Law Statute 713.23 prescribes that if this job is bonded, you are required Within ten (10) days of receipt of this notice to give written notice of the existence of the payment bond to the undersigned, including the name and address of the surety and the principal under the bond. COPIES TO: By: Rock -A -Way, Inc. (signature) Firm: Ft. Pierce Contracting Corp. P. O. Box 3265 Ft. Pierce, FL 33448 (address) Phone: 465 -5101 TO GENERAL CONTRACTOR: If this job is bonded you are hereby notified that we intend to look to your bond for protection. I acknowledge receipt of this notice this day of (signed) ,19 Landon C. Fortner, Jr. Administrative Assistant Utility Director 813 '76:1-41 16 or 7054 gia„, 6620„:.,1 gs-- (Fair, - �) CITY OF OKEECHOBEE November 22, 1985 CITY HALL 55 S. E. THIRD AVENUE OKEECHOBEE, FLORIDA 33474 Mr. James J. Zayti J.J. Zayti Trucking Company Post Office Box 728 Okeechobee, Florida 33473 Subject: CHANGE ORDER NO. 2 Dear Mr. Zayti: Oakland R. Chapman Mayor Ronnie 'Thomas City Clerk S1:3 %763-,3372 or :3667 The following streets are to have turn -out aprons, at each driveway, extending 1 -foot into the driveway from the edge of the in -line pavement. S.E. 15th Street between S.E. 8th Drive and S.E. 9th Avenue. S.E. 9th Avenue between S.E. 14th Court and S.E. 15th Street. N.E. 2nd Avenue between N.E. 2nd Street and N.E. 3rd Street. These streets, which were not included in the original specifications, are to be constructed in strict compliance with the same specifications. All areas outside the paved areas are to be finished with normal swale to rec- eive surface runoff and elevated to flow to the existing out -fall, so that no pounding of surface water will be effected. Inspections of sub -base, base and finish cap will be done by the City or the engineer, as outlined at the beginning of the project. Handling of excess material is to comply with original plans. Existing insurance and bonding are to remain in effect throughout the dur- ation of the project, including those streets added by Change Order No. 1. Remaining streets are to be constructed with type S -1 hot asphaltic con- crete job mix formula, and are to pass test rating of at least 5.5% and fall within 25% of a temperature range of 300° to 350 °F at the job site. Home of The Second Largest Fresh Water Lake in the United States Mr. James J. Zayti page 2 November 22, 1985 Particle size shall remain in effect as to sieve size outlined at the beginning of the paving program. The tie -in of new pavement to existing must be done with a smooth transition, with no hump or drop -off at the connection of the two surfaces. Sincerely, CITY OF OKEECHOBEE lton H. Davis Administrative Assistant sf SECTION 2C CITY OF OKEECHOBEE RESIDENTIAL STREET CONSTRUCTION ■ PRELIMINARY - DIVISION 2 SECTION 2H CITY OF OKEECHOBEE RESIDENTIAL STREET CONSTRUCTION 2 -01 GENERAL: Except as amended hereby, the technical specifications to all the work to be performed hereunder are those set forth in the State of Florida Department of Transportations's "Standard Specifications for Road and Bridge Construction ", latest edition, hereinafter referred to as the "D.O.T. Specifications ". Where any wording in the aforesaid D.O.T. Specifications refers to the State of Florida and its Department of Transportation, such wording is intended to be interpreted or replaced by appropriate language such that Owner and Engineer are substituted for their respective State of Florida counterparts. Any reference within the D.O.T. Specifications to any memoranda, specifications, test procedures, etc., adopted or developed by the D.O.T. or any other agency such as the American Society for Testing and Materials (ASTM)•shall result in the incorporation of such referenced material into the specifications as if it were fully set forth therein. Unless otherwise specified herein the measurement, description and payment provisions hereof shall take precedent over any similar provisions of D.O.T. Specifications in conflict therewith. 2-02 SCOPE: Work under this section of the specifications consists of furnishing all materials, labor and equipment, and performing all operations in connection with road construction. Included are stabilization, any necessary earthwork and grading, and the construction of roadway base, asphaltic concrete surface, roadside ditches, swales and miscellaneous roadway items, all in accordance with the lines, grades, notes and sections shown on the drawings. Coordinate with the drawings to verify which of the following construction products are required in the work. 2 -03 APPLICABLE CODES, STANDARD AND SPECIFICATIONS: The road construction under this contract shall be in strict accordance with the applicable provisions of the following: A. The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction 1982" (DOT). B. American Association of State Highway and Transportation Officials (AASHTO). C. American Society for Testing and Materials (ASTM). 2C -1 2 -04 CLEARING AND GRUBBING: All trees, stumps, down timber, brush and other objects standing on or protruding from the ground shall be removed within the work limits of construction. Special attention shall be given by the Con- tractor to saving, protecting and preserving any existing trees, shrubs or other vegetation so designated by the Owner. Selective clearing and /or grubbing shall be per- formed in locations indicated on the plans and other areas specified by the Owner. The Owner or his representative will select and mark, or otherwise designate, trees, orna- mentals or other vegetation to be preserved. All roots shall be grubbed and removed a minimum of 18 inches below the surface of the ground. Holes caused by grubbing oper- ations shall be filled to the level of adjacent ground. All material and debris resulting from clearing and grubbing operations shall be disposed of in a manner approved by the City's Representative. The Contractor is expected to visit the site of the work and determine for himself the extent of the clearing and grubbing necessary for his construction operations. 2 -05 ROADWAY EARTHWORK: A. General: The Contractor shall perform all earthwork necessary to accomplish the road construction shown on the drawings. This includes all excavations, embankment and removal of muck and other unsuitable material in order to attain the required alignment and grade and cross section as shown on the typical section, or as directed by the City's Representative. B. Borrow Material: Borrow material required for the roadway embankments shall be obtained from the stockpiles of suitable materials at locations designated by the'City's Representative. Borrow for roadway construction will be used only after the suitable material from the roadway grading and excavation has been placed in the embankment, unless otherwise approved by the City's Representative. C. Finishing: The Contractor shall shape all roadway to the neat lines, grades and cross sections outside paved areas within the roadway in such a manner so as to receive grassing, sod or plantings without additional work. 2 -06 STABILIZING: Stabilization shall be performed where shown on the drawings and shall conform to the requirements of DOT Standard Specifications, Section 160, Articles 160 -1, 160 -4.1, 160 -6 through 160 -10 for Type C Stabilization. Road subgrades shall be compacted to the lines and grades to match existing intersections or as directed by the City's Representative and in accordance with these specifications, except that the required density shall be as shown on the 2C -2 typical section. All subgrades shall be constructed of granular material. It shall be the Contractor's responsibility to maintain the subgrade until the base is constructed. 2 -07 PRIME AND TACK COATS: All limerock, shell and soil cement base courses shall be given a prime coat of the type and rate specified prior to application of the asphaltic concrete surface and be allowed to cure for 72 hours. A tack coat shall be applied to limerock, shell and soil cement base courses after the prime coat has lost its bonding effect, if so ordered by the City's Representative. Tack coats for hot bituminous courses shall be required. Materials and construction methods for prime and tack coats shall conform to the requirements of DOT Standard Specifications, Section 300, Articles 300 -1 through 300 -7. 2 -08 SHELL BASE: Local shellrock base material shall conform to the requirements of the City's Representative and shall be approved by the City's Representative prior to placement in the roadways. Material and construction of the shellrock base shall conform to the requirements of DOT Standard Specifications, Section 250, Articles 250 -1 through 250 -10; and Section 913. After spreading is completed, the entire surface shall be scarified and shaped so as to produce the exact grade and cross section after compaction. When the material does not have the proper moisture content to insure the required density, wetting or drying will be required. If the material is deficient in moisture, water will be added and uniformly mixed in by disking the base course to its full depth. If the material contains an excess of moisture, it shall be allowed to dry befdre being compacted. Wetting and drying operations shall involve manipulation of the entire width and depth of the base of the the base as a unit. As soon as proper conditions of moisture are attained, the material shall be compacted to an average density not less than 98 percent of maximum density as determined by A.A.S.H.O. T -180. The minimum density which will be acceptable at any location within the base shall be 96 percent of such maximum and, in the determination of Average density, the maximum density which shall be used in the calculation shall be determined separately for each course. Where the base is being constructed in one course, and the specified thickness is more than six and one -half inches, the density specified above shall be obtained in both the bottom half and the top half of the base. During final compacting operations, if blading of any areas is necessary to obtain the true grade and cross section, the compacting operations for such areas shall be completed 2C -3 prior to making the density determination on the finished base. At least three density determinations shall be made on each day's final compaction operations on each course, and at more frequent intervals, if deemed necessary by the City's Representative. Unless otherwise directed by the City's Representative, the surface shall be "hard- planed" with a blade grader immediately prior to the application of the prime coat to remove the thin glaze or cemented surface and to allow free penetration of the prime material. The materials planed from the base shall be removed from the base area. If at any time the subgrade material shall become mixed with the base course material, the Contractor shall without additional compensation, dig out and remove the mixture, reshape and compact the subgrade and replace the materials removed with clean base material, which shall be shaped and compacted as specified above. If cracks or checks appear in the base, either before or after priming, which in the opinion of the City's Representative, would impair the structural efficiency of the base course, the Contractor shall remove such cracks or checks by rescarifying, reshaping, adding base material where necessary and recompacting. 2 -09 ASPHALTIC CONCRETE SURFACE: The asphaltic concrete surface materials and construction thereof shall conform to the requirements of DOT Standard Specifications: Section 331, Articles 331 -1 through 331 -5.2; Section 332, Articles 332 -1 through 332 -5; Section 330, Articles 330 -1 through 330 -15; Section 320, Articles 320 -1 through 320 -6. A. Prime coat shall consist of cut back asphalt, rapid curing type, applied at the rate of 0.15 gallons per square yard of surface. B. The tack coat shall be applied at the rate of 0.02 to 0.10 gallons per square yard if so ordered by the City's Representative. C. The surface course shall be as described herein and of the compacted thickness indicated on the plans. On a newly constructed base course, the surface shall be prepared as set forth in the section covering such base course, and shall be cleaned of all loose and foreign materials. The base shall then be primed, and a tack coat applied (if required), followed by application of the surface course. prior to making the density determination on the finished base. At least three density determinations shall be made on each day's final compaction operations on each course, and at more frequent intervals, if deemed necessary by the City's Representative. Unless otherwise directed by the City's Representative, the surface shall be "hard- planed" with a blade grader immediately prior to the application of the prime coat to remove the thin glaze or cemented surface and to allow free penetration of the prime material. The materials planed from the base shall be removed from the base area. If at any time the subgrade material shall become mixed with the base course material, the Contractor shall without additional compensation, dig out and remove the mixture, reshape and compact the subgrade and replace the materials removed with clean base material, which shall be shaped and compacted as specified above. If cracks or checks appear in the base, either before or after priming, which in the opinion of the City's Representative, would impair the structural efficiency of the base course, the Contractor shall remove such cracks or checks by rescarifying, reshaping, adding base material where necessary and recompacting. 2 -09 ASPHALTIC CONCRETE SURFACE: The asphaltic concrete surface materials and construction thereof shall conform to the requirements of DOT Standard Specifications: Section 331, Articles 331 -1 through 331 -5.2; Section 332, Articles 332 -1 through 332 -5; Section 330, Articles 330 -1 through 330 -15; Section 320, Articles 320 -1 through 320 -6. A. Prime coat shall consist of cut back asphalt, rapid curing type, applied at the rate of 0.15 gallons per square yard of surface. B. The tack coat shall be applied at the rate of 0.02 to 0.10 gallons per square yard if so ordered by the City's Representative. C. The surface course shall be as described herein and of the compacted thickness indicated on the plans. On a newly constructed base course, the surface shall be prepared as set forth in the section covering such base course, and shall be cleaned of all loose and foreign materials. The base shall then be primed, and a tack coat applied (if required), followed by application of the surface course. Where this surface course is constructed on the existing pavement or old base which is irregular, and where so shown on the plans, the existing surface shall be brought to the proper grade and cross section by patching and /or a leveling course. Prior to applying patches, leveling course, or surface course on the existing pavement, the surface shall be cleaned and all foreign matter removed, and a tack coat applied as specified herein. A similar tack coat shall be applied over patches or leveling course. No skin patching shall be done. When a depression is to be corrected while the mixture is hot, the surface shall be well scarified before the addition of fresh mixture. If irregularities occur greater than the limits herein specified, and are not corrected while the mixture is still hot, the irregularities shall be cut out for the full depth of the layer, and replaced with fresh mixture. D. Where a leveling course is required before spreading, all depressions in the existing surface more than one -inch deep shall be filled by spot patching. The leveling course mixture shall then be thoroughly compacted. E. Mixture used for leveling courses may be spread by motor graders in lieu of the mechanical spreader, and each entire load of mixture dumped on the road shall be moved or loosened with the grader in order that uniform compaction may be obtained. The graders shall work as long as the material is workable, in the opinion of the City's representative. F. Mixture used for patching and leveling course shall not be prepared and hauled to the road at a rate faster than spreading and compacting can be completed before the temperature of the mixture drops too low fo? proper spreading and compacting, all as determined by the City's representative. G. Where cut back asphalt has been used in a patching or leveling course to be covered with this surface course, the wearing course shall not be placed until after such leveling course has cured for a period of at least five days. 2 -10 SEEDING AND MULCHING: The Contractor shall seed and mulch all roadways as shown on the drawings in conformance with DOT Standard Specifications, Section 570, Articles 570 -1 through 570 -5. 2 -11 CLEANUP: Shall be in accordance with the GENERAL CONDITIONS. 2 -12 MEASUREMENT AND PAYMENT: A. GENERAL: The work covered by these contract documents consists of furnishing all labor, tools and equip- ment and, except as otherwise specified, all materials necessary to deliver completed and operational facilities, all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses whatsoever, all in accordance with the construction drawings and specifications subject to the terms and conditions of the Construction Contract. Additionally, the amount of compensation provided in these documents shall be considered payment in full for all operations and functions, useful or necessary, in connection with the work and, without limiting the generality of the foregoing, shall include all losses and damages arising out of the nature of the work, from the action of the elements and /or from any unforeseen difficulties or obstructions of the work until its final acceptance to include, but not limited to, unfore- seen subsurface soil conditions. It is the intent of this Construction Contract to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Basis of Payment, he shall include the cost for that work in some other applicable bid item, so that his proposal for the project does reflect his total price for completing the work in its entirety. The quantities set forth in the bid form are approximate and are given to establish a uniform basis for the comparison of bids. The Owner reserves the right to increase or decrease the quantity of any class or portion of the work during the progress of construction in accord with the terms of the Contract. Unit prices are used as a means of comput%ng the final figures for bid and contract purposes, for periodic payments, for work performed, for determining value of additions or deletions and wherever else reasonable. The quantities for payment under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the Owner, in accordance with the applicable method of measurement therefore contained herein. A representative of the Contractor shall witness all field measurements. All materials furnished by the Contractor hereunder shall be new, of current manufacture, completely suitable for the purpose intended and shall meet all specifications set forth herein either explicitly or by reference. All materials delivered to the job site shall be stored in a manner compatible with their individual characteristics and with the preservation of their quality and fitness for the purpose intended. All materials for the job stored on the job site or elsewhere shall be the Contractor's 2C -6 responsibility and the Owner shall not be liable for any loss of materials, by theft or otherwise, nor for any damage to the stored materials. Payment shall be made on the basis of work actually performed in completing each item in the Contract proposal, such work including, but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, clean up, and all other appurtenances to complete the con- struction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. The compensation to the Contractor for the work associated with the items listed in the Bid Schedule shall be based on the unit prices therein and the quantities computed as set forth below, completed and accepted. Unless otherwise explicitly provided herein, all measurements of areas and /or lengths shall be made based on the dimensions of the horizontal or vertical projections of the facilities on imaginary lines and /or planes, as appropriate, and shall be made according to United States Standard Measures. In the measurement of facilities based on areas of completed work, the length shall be the station to station dimensions shown on the plans or, in the case of change orders, the station to station dimensions actually constructed within the limits designated by the City's Representative. The width shall be that between the neat lines shown by the construction drawings or otherwise designated by the City's Representative No payments shall be made for any facilities constructed outside the limits shown by the construction drawings unless otherwise authorized by the Owner through an appropriate written change order. B. SITE PREPARATION, EARTHWORK AND GRADING: The work covered by this item includes the preparation of the work site to include the clearing and grubbing of the site of timber, stumps, brush, roots, existing pavement, etc. This item includes the cost and transportation of any required off -site fill material or, alternatively, the off -site disposal of any surplus material unless otherwise directed by Owner to spread any such surplusages within the Project site. All operations under this item are to be conducted in a manner compatible with the maintenance of traffic and access provisions set forth by other sections of these contract documents and may involve the temporary storage of surplus material from one section to use in another section. Should such storage be required, the Contractor shall be responsible for securing any required permission from private property owners to store materials upon their properties. C. SITE RESTORATION, GRASSING AND MULCHING: The work covered by this item consists of the restoration of the entire Project site to a condition equal to or better than that existing at the time of the issuance of the Notice to Proceed. This item includes but is not limited to, the removal of any construction debris, replacement of any fences or similar facilities which may have been damaged during construction, grassing and mulching, replacement of sod and removal and disposal of any surplus fill material. Payment hereunder shall be made based on the lump sum amount in the Contract, payable upon completion of the site restoration. D. SUBGRADE, BASE, SURFACE COURSE WITH DRIVEWAY TURNOUTS: Payment for the item of 12" of compacted thickness of subgrade; 6 -1/2" of compacted thickness of local shell base and primed; 1 -1/4" of compacted thickness of asphaltic concrete wearing surface; and asphalt driveway turnouts shall be paid for on a linear foot basis and shall be full compensation for all of the necessary labor, equipment, transportation and material for the construction of a subgrade, base, pavement, and driveway turnouts in accordance with these specifications. The cost shall include cleaning the primed base course of all loose and foreign materials and the spreading of asphaltic concrete to a uniform thickness and rolling. The quantity to be paid for under this item shall be the actual length measured along the surface of the wearing course in the center of the pavement from the beginning of the new surface course at one intersection to the end of the surface course at the other intersection where new asphalt meets old asphalt. The limits shall be defined by the City's Representative and the linear feet shall not exceed the Bid Quantities. LIMITS OF CONSTRUCTION 5.0' I/2 "/ FT. 10.0' 1/4"/F I0.0' „I' I/4 "TYPE S -I ASPHALTI C CONCRETE 1/4'% FT. i 5.0' 6" 1/2 "/ FT, NOTE: SHOULDERS TO BE GRASSED & MULCHED. 6 -1/2” COMPACTED SHELL BASE (98% DENSITY) 12" STABILIZED SUBGRADE TO 50 L.B.R. (98% DENSITY) TYPICAL ROADWAY PAVING SECTION N.T.S. EDGE OF PAVEMENT 2' 2' 2' * PROPOSED PAVEMENT * DRIVEWAY TURNOUT TO BE CONSTRUCTED UTILIZING TYPICAL ROADWAY SPECIFICATIONS SHOWN ABOVE AND SHOULD BE AT ALL DRIVEWAYS REGARDLESS OF TYPE. ** DRIVEWAY 1 ** MATCH EXISTING DRIVEWAY WIDTH (10' MIN) DRIVEWAY TURNOUT / BEGINNING / END EXISTING ROAD OF PROPOSED PAVEMENT 20' \PROPOSED PAVEMENT PAVEMENT TURNOUT N.T.S. AMEE Director Fortner explained the necessity of having an engineer complete the necessary studies on the S.E. 8th Avenue bridge in order for the City to receive the necessary permits for the reconstruction of the bridge. Council discussed the most feasible and economical way of replacing the bridge. Councilman Douglas made a motion to hire Broome, Van Ostran and Associates, to conduct the necessary studies and draw the plans for the required permits for a box culvert. Councilman Collins seconded the motion. Motion carried. 85 -33 AGENDA ITEM #XVI - DISCUSSION AND ACTION BY COUNCIL TO AUTHORIZE HIRING AN ENGINEERING FIRM TO PERFORM A TRAFFIC STUDY AT THE INTERSECTION OF SOUTH PARK AND S.W. 5TH AVENUE TO DETERMINE AND RECOMMEND IMPROVEMENTS NECESSARY Td REDUCE SAFETY HAZARD 85 -3 85 -35 Director Fortner explained that an engineering firm was needed to perform a traffic study at the intersection of South Park and S.W. 5th Avenue to determine and recommend improvements necessary to reduce the safety hazards. The cost of the study would be approximately $3,000 to $3,500. Councilman Rubin made a motion for the City to hire an engineering firm. Councilman Collins seconded the motion. Motion carried. Councilmembers discussed the change order. After discussion, Councilman Collins made a motion that the City approve the change order provided the necessary funds were available in the Administrator's lapsed salaries budget.Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Councilmen Collins, Rubin, Thomas and Mayor Chapman were in favor of the motion. Councilman Douglas stated he opposed the motion until he could see the financial situation of the budget line item for lapsed salaries in the Administrator's budget. Motion carried. AGENDA ITEM #XVIII - ACTION BY THE COUNCIL TO APPROVE A CHANGE ORDER TO INSTALL TWELVE -INCH GATE VALVES AND REDUCERS AT THE SEWER PLANT 3860 86 -21 AGENDA ITEM #VIII- - DISCUSSION AND ACTION BY THE COUNCIL TO AUTHORIZE INSTALLATION OF WATER LINES ICI ELMIRA SOL SUBDIVISION/ PREPARATION OF PLANS NECESSARY TO MAKE APPLICATION FOR THE DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT TO INSTALL THE WATER LINES. Director Fortner explained there were approximately 44 proposed service connections in the Elmira Sol Subdivision. Approximately $13,750. will be received for the system capacity charges. The material will cost approximately $11,000. Following discussion, Councilman Douglas made a motion authorizing the installation of the water lines. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin yes. Motion carried. Director Fortner informed the Council that Leo Blair, the owner of the Mobile home trailer park requesting City water and sewer has signed the annexation agreement. MEETING RECESSED AT 2:58 P.M. MEETING RE- CONVENED AT 3:10 P.M. 86 -4 AGENDA ITEM #IX - ACTION BY THE COUNCIL TO RATIFY THE EFFECTIVE DATE OF THE HARTE -HANKS CABLE TELEVISION FRANCHISE Attorney Bryant stated ratification of the effective date of the Harte -Hanks Cable Television franchise agreement was needed by the Council. The previous franchise agreement will be in effect until July 1, 1986. Councilman Douglas made a motion to ratify the effective date of the Harte Hanks Cable Television franchise agreement being July 1, 1986. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin no. Mayor Chapman voted yes. Motion carried. AGENDA ITEM #X - MAYOR CHAPMAN TO CALL 9N ANYONE IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL. Mr. Ed Ellsworth addressed the Council requesting that the Exchange Club be allowed to install a "Freedom Shrine" in the memorial park. The Exchange Club agrees to build and maintain the shrine. Council discussed the Veteran's Memorial monuments being moved to the center of the park. Following discussion, Council agreed to the Freedom Shrine being constructed in the park, as long as the Exchange Club works with the American Legion and Adm. Asst. Davis in the placement of the shrine. AGENDA ITEM #XI - MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REOUESTS Clerk Thomas presented the warrant registers for council's approve., began the discussion on the possi. `i ,b. °'c ange °' :iC `` having of S.E. 8th Drive and 3rd Street. The cost will be approximately $26,000. Taddie Construction Company presently has $6,000. for the paving of these streets. Engineer Broome stated they could begin negotiations with Taddie Construction Company on the paving of these streets, but there were certain procedures to be taken, also time extensions needed to be considered. Attorney Bryant suggested the Council receive certain answers involving time extensions before any action was taken. Council agreed that Attorney Bryant contact Attorney Bull concerning the time extensions a eport back to Council. Administrative_ Assistant Davis asked the Council if they wis any decisions concerning Director Fortner's request for paym - t of 27O $lours of vacation time. Director Fortner feels it is not possible for him to take this time off and since he is accumulating additional vacation time each month, he has requested payment for these hours. Following a lengthy discussion concerning the payment request, Councilman Collins made a motion that Director Fortner be paid for his 270 vacation hours. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Douglas yes, Councilman Rubin no, Mayor Chapman yes. Motion carried. 3864 Construction Company and had a conceptual agreement wherein they would work off a credit on damaged streets, densitys, grades, etc. Engineer Broome stated they would like to take the money for these jobs and put requests for bids out for other contractors. The City is presently withholding 1/2 million dollars. Following discussion, Council agreed with crediting Taddie Construction Company and place the jobs out on bids. Attorney Bryant suggested Engineer Broome contact Attorney Bull concerning the changes to be made in Taddie's contract with the City. Engineer Broome presented a map to the Council showing the road to be resurfaced and paved. Council discussed the various streets to be paved, etc. Councilman Thomas suggested the Council ask Taddie Construction Company to appear before them at the next regular meeting. Mr. Jack Williamson addressed the Council requesting they consider allowing the Okeechobee Contractor's Association to construct a park area on the property where the old sewer plant is presently located, once the old sewer plant building is removed. Council discussed the request and agreed to check into the possibility of having a park erected in this area. 86 -12 proclamation - Rotary Week Mayor Chapman presented the proclamation to Mr. Ron Dawson, President of the Okeechobee Rotary Club. MEETING RECESSED AT 3:20 P.M. MEETING RECONVENED AT 3:35 P.M. 86 -12 °AQ tirJ.strat'jy A v stated that S.E. 3rd Street and 8th Avenue was ready to be pa ed, but due to breakage of old water lines, paving would be held up until all lines was repaired.' qr replaced. Councilman Douglas asked if the City had adopted any pav__., ecifications for the City streets. Adm. Asst. Davis stated it as in rough draft form at this time, ready to be typed. It would be presented to the Council as soon at it was typed. Councilman Rubin asked if the Council had adopted a weight limit on City streets. Director Fortner stated that nothing has been finalized at this time. Councilman Rubin stated that the ditch at 712 S.W. 7th Avenue needed to be cleaned out. Councilman Rubin asked if the Council was going to take any action on the paving list discussed at the workshop meeting. Adm. Asst. Davis explained the Council has not decided just what they wished to do on paving City streets at this time. Mayor Chapman stated that he felt the paving schedule should not be changed at this time since it has been advertised in the newspapers, etc., the citizens were expecting their roads paved as the Council had previously agreed. Councilman Collins stated the purpose of the workshop meeting was to discuss the possibility of paving all of the City streets at one time instead of paving a few streets each year. Councilman Rubin stated that he could not see the City borrowing the money to have all of the streets paved at one time. Mayor Chapman questioned the possibility of a fence being installed at the water tower on S.W. 3rd Avenue to discourage people from climbing the tower and vandalizing it. Council agreed. Director Fortner stated that he could request bids and have the fence installed as soon as possible. Mayor Chapman asked if anything could be done concerning semi's turning in the alley located behind Wherrell Auto Parts, knocking down posts that have been put up to keep the large trucks from entering the 15 ft. alley. Council discussed the problem and agreed that Adm. Asst. Davis contact the owner of Wherrell Auto Parts and try to have the problem corrected. Mayor Chapman asked when the traffic light on S.W. 5th Avenue would be installed. Director Fortner stated the traffic light would be installed the middle of next month. Steve Figley updated the Council on the situation at Fat Johnny's Restaurant. Council agreed to the City paying a total of $300. ' 3886 Councilman Douglas suggested the City appeal the decision concerning the Community Development Block Grant in which the City was at first rated number 17 but has since been moved down to the last position being number 21. Four other cities are presently appealing the decision concerning the grant, so to insure the City's chances in still receiving some grant funding he felt the City should appeal. questioned the street department budget conc ng "a` C6nt'- being entered with the City and J.J. Zayti Trucking for the paving of S.E. 8th Avenue and 3rd Street ($6,500.00). Councilman Rubirl asked if the City has requested bids on paving the 16 City streets yet, and what the mileage was for these streets. Director Elders stated the mileage was figured to be just under 2 miles. Concerning the bids being requested, Administrative Assistant Davis has the information, but he did not know if bids have been requested at this time. Councilman Rubin stated that he had a copy of the Comprehensive lan if anyone wished to have a copy. Director Fortner explained that he contacted Wayne Fulford concerning the request for the water line extension on S.E. 16th Street. Mr. Fulford said that he could pay the $625.00 but not $1,000. Director Fortner questioned the effective date for the deposit upgrades since the ordinance was just passed this meeting. Council agreed the effective date be between this date and the next cutoff list. Director Fortner stated the Health Department has agreed to extending the mandatory sewer connection from one year to two years after sewer is available. 86 -8 Councilman Douglas made a motion that the Warrant Registers be approved as follows: Water & Sewer 47,918.20 General Fund CPI Fund 26,223.48 30.91 1,045.48 Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Collins yes, Councilman Rubin yes, Councilman Douglas yes, Councilman Thomas yes. Motion carried. AGENDA ITEM #XIX - ADJOURNMENT There being no further business to discuss the meeting was adjourned at 5:15 P.M. MAYOR OAKLAND R. CHXPMAN ATTEST: BONNIE S. THOMAS, CMC CITY CLERK ZMOnG8mCY MEETING 86-27 ] w� z��m~.�m�� Mayor Oakland R. Chapman called the emergency meeting to order at 2;00 P.M. with the following Council members present: Mayor Oakland R. Chapman, and Councilmen, Andy Rubin, Oscar Thomas, Nick Collins and Edward Douglas. Otbeco present were: City Clerk Bonnie Thomas, Adm. Asst., Milton Davis. The SCU CI the paving of'S.o, 3rd Street explained there was some question as to the proper procedures or paying J.J. Zayti Trucking, Inc. for paving S.E. 3rd Street and 8th Court in the amount of $28,231.00. Mayor Chapman asked for comments from the Council and adm, Asst. Davis. Adm. Asst. Davis stated the amount due was for work completed. Councilman Collins changed from Taddie to Ilartilby reduction change jn- advised by Bull. He further explained that when Za ti began the work, ($26,200.) was the estimated amount needed the job but two cul-de-sacs were not included in contracts plus other things were not (such as rock, etc.) so the new contract is now $28,231. oam Joiner, Zayti Representative, explained the work and how it was and completed. Councilman Douglas stated the last thing he knew of the situation was the City was going to see Attorney Bull to find out whether the City could let the contract or put it out for bid. He then asked if the City had a signed contract with Zayti and who gave Zayti the authority to begin construction. He went on to say that he could not vote on the payment if it was not legal. It's not the City policy to pay for anything over $3,500. without having requested bids. Adm. Asst. Davis stated that he was getting bid inquiries out when he discovered Zayti was doing the work supposedly by a change order. Mayor Chapman stated that it should have come back before the Council before any construction work began. Councilman Rubin stated that he went to the site and talked to Mr. and asked him who authorized the streets be paved, and he said - thot somebody from the City told him to go ahead and f this job. - Councilman Thomas stated that he would like to have the attorney present before he voted on the payment. There were certain questions which needed to be answered before payment is made, He further stated that he was not saying they didn't do a good job nor that they weren't going to get their money, but the Council needed their attorney to advise the Council before any action was taken. Following further discussion, Mayor Chapman explained to Mr. Joiner that the Council needed to wait until the April 15th meeting so they could see what the attorney advises the Council to do. adjourned at P.M. o further business to discuss, the meeting was ""�""^"=" "c /;zy r ATTEST: BONNIE S. THOMAS, CMC CITY CLERK MAYOR OAKLAND R. CHA AN 3889 86 -27 A15G Councilman Rubin made a motion that the resolution be adopted. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Rubin - yes, Councilman Collins - yes, Councilman Thomas - yes, Councilman Douglas - yes. Motion carried. AriO6ei •911 it , i •. .. �tl i `� it ;l �+'A , ;11114; Mayor Chapman asked the Attorney to explain the situation. Attorney Bryant stated that he wrote a letter to the Council explaining that Zayti has presented Council with a statement to pay for the work completed on S.E. Third Avenue and S.E. Eighth Drive and went on to explain the contents of the letter as follows: "At the Council meeting of February 4, 1986, I was instructed to confer with Attorney Steve Bull as to the proposal to have Zayti pave S.E. 3rd Court, which was included in the contract with Taddie Underground. The Council was proposing to take the funds allocated for that street under the Taddie contract and pay them to Zayti for doing the work. The question was whether it was best to delete that paving from Taddie's contract and contract directly with Zayti or to have Zayti sub - contract with Taddie for the paving. Because the proposal submitted by Zayti included work not provided for in the Taddie contract, we were concerned that adding it to Taddie's contract (and having Zayti sub - contract with Taddie) would jeopardize the City's entitlement to liquidated damages from Taddie for exceeding the contract completion date. On February 7, 1986, Councilman Nick Collins and Sam Joiner, of J.J. Zayti Trucking, came to my office to inquire as to what I had learned from Attorney Steve Bull. I had not made the call at that time, so I telephoned Mr. Bull while these gentlemen waited. Steve Bull advised that any change to the Taddie contract must be by change order deleting work required of Taddie, rather that adding work. To add work would necessarily extend the contract completion date and compromise the City's position as to liquidated damages and breach of contract by Taddie. This information was relayed to Councilman Collins. Mr. Collins asked me, also, if the City could contract with Zayti on an emergency basis for paving SE Third Court and SE Eighth Drive, rather than call for bids. I advised him that, because SE Third Court had a prepared base, ready for paving, the Council could determine that continued traffic on the base and the imminence of the rainy season were destructive factors which required expedited measures to avoid additional cost to the City and, thus, an emergency contract would be appropriate. As to SE Eighth Drive, however, the necessity of emergency action was not so evident and certainly no previously unpaved streets or cul -de -sacs in that area could be deemed to require emergency action. At the Council meeting of February 18, 1986, the question again arose as to paving of these streets. Engineer Jim Broome was asked about the propriety of proceeding on an emergency basis. He advised that it was "up to ya'11 ". The question was put to me and I restated my earlier comments to Mr. Collins, that SE Third Court could be found to require emergency action, but that other streets, especially several listed by Councilman Rubin, did not appear to require emergency action. I was advised to look into it further, the need for which I did not see, to determine if the City could pave all of the streets mentioned by Mr. Rubin on an emergency basis. My opinion in that regard did not change. Absolutely no formal action was taken by the Council on the proposal to pave SE Third Court on an emergency basis and, unless some action was taken outside of the regular meeting, I am not aware of anyone authorizing Zayti to proceed with the paving. I certainly did not. The City has now found itself in a position of "darned if you do and darned if you don't ". Zayti alleges that someone at the City authorized them to proceed with the paving. Who? If direct or implied authorization was given to Zayti to pave the streets in question, even though no contract was approved by the Council, Zayti would be entitled to the reasonable value of the work done. Should the City refuse payment, Zayti could file suit to recover payment. Thus, it is my recommendation that the Council determine the quality of the work done and, if it meets City specifications, pay the reasonable value for the work. 3890 More importantly, however, the Council should formally adopt a policy in regards to awarding contracts such as these and inform all City employees and elected officials that no such work is to be authorized except upon formal action of the Council in a duly called and noticed public meeting. The Council's propensity to informally administer City affairs is the culprit in this situation and guidelines for the conduct of business must be established to prevent similar occurences in the future." Following discussion concerning the situation, Councilman Thomas made a motion that the City pay J.J. Zayti the total amount due since the Director of Public Works has stated the streets met City specifications, and since another paving contractor had stated the City was charged a reasonable amount of money for the work completed, with the stipulation that they provide pEe -#-de the City with a Release of Lien. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - no, Councilman Douglas - yes. Motion carried. 86 -26 AGENDA ITEM #VII - ACTION BY COUNCIL TO AUTHORIZE EMPLOYEE'S SALARY Councilmembers discussed the employee's salary increases. Performance Evaluation Score Salary Increase 1.99 and Below 08 2.00 to 2.49 2 -1/2% 2.50 to 2.99 3 -3/4% 3.00 and above 5% Following discussion, Councilman Rubin made a motion that the Council approve the employee's salary increases, based on the evaluations completed by the department heads, retroactive to October 1, 1985. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. AGENDA ITEM #VIII - ACTION BY COUNCIL TO APPROVE THE PROPOSAL OF BROOME, VAN OSTRAN & ASSOCIATES FOR PREPARATION OF DRAINAGE MAPS Mr. Jim Broome stated his proposal was not ready for Council's approval at this time. Councilman Collins reminded the Council that the Florida Regional Planning Council was supposed to be getting back with the Council concerning the cost for their help in the master drainage plan, and then made a motion to table this agenda item until the next meeting. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Councilman Thomas - yes, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. 86 -29 AGENDA ITEM #IX - ACTION BY COUNCIL TO APPROVE AN ALTERNATE INSTALLATION FOR THE S.E. EIGHTH AVENUE BRIDGE Mr. Jim Broome stated before the plans were decided on, Broome, Van Ostran and Associates analyzed all the different alternatives at that time and the price of these bridges were all in the same ball park, as far as material, preface contract, aluminum steel, corigated steel and wood. The pipe size was increased for boat traffic. What we propose today to you is aluminum to replace the cast -in -place concrete box, putting an aluminum type arch pipe, with a savings of $11,000. over the cast -in -place concrete box. This would be change order number one on the S.E. 8th Avenue bridge which we would like to have approved along with a notice to proceed pending all documents meet the approval of the Engineer and Attorney. Following discussion by Council concerning the change order, Councilman Collins made a motion to approve change order number One, for the SE 8th avenue bridge, using an aluminum bridge instead of concrete. Councilman Rubin seconded the motion for discussion. Councilman Rubin questioned Engineer Broome concerning the amount of funds budgeted for the bridge. Mayor Chapman asked for a vote on.the motion. Councilman Thomas - no, Councilman Collins - yes, Councilman Rubin - yes, Councilman Douglas - yes. Motion carried. Engineer Broome asked the Council about the Notice to proceed, after all documents had been approved by the Engineer and Attorney. 3904 Attorney Bryant stated the committee (as selected by Council) recommends the City purchase a health insurance premium for Mr. Olen Godwin. He stated the City could adopt a special resolution to take care of the City paying the insurance premium. Council agreed they would pay the premium for insurance coverage, only the amount to be paid needed to be decided. Following discussion, Councilman Collins made a motion for the attorney to draw up a resolution stating the City would pay $47.50 per month, not to exceed $60.00 per month for health insurance for Olen Godwin. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Collins Rubin Nays None Motion carried Administrative Assistant Davis asked the Council what they wished to do concerning the light on the water tower. Councilman Thomas made a motion to purchase the lights for the water tower. Councilman Rubin seconded the motion. Mayor Chapman asked for discussion. Councilman Collins stated that he felt it would be a waste of time and money to have the lights put on the water tower before it was painted. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Chapman Nays Collins Motion carried Councilman Collins stated that he did not understand the water and sewer availability charges to mean that customers would have to pay a monthly fee even if the water had been disconnected. If you were not using the water why should you have to pay. Council discussed the availability fees, and agreed that Director Fortner figure out what it takes for the system to work without the availability fee charges. Councilman Collins stated he had received several complaints on the deposit upgrades. Councilmembers, Director Fortner and Attorney Bryant discussed the situation. Following discussion, Councilman Collins made a motion to table the discussion until the next meeting. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Collins Nays None Motion carried Stated, "I hate to say the words that I am going to say now, but a "`orced to. Sometime in February an order was given to pave two streets by one of our Councilmen. Without it coming before this Council, without the bidding of the state of more than $3,500. Then there was trouble gallore and here I've got copies of letters, one is to Milton Davis, City of Okeechobee, notice that Jessie Joiner has a claim for amounts due. Well I don't know anything about paying this money. It did not come back to this Council. One check was made out for $20,800., 4- 25 -86. On 4 -29 -86 another check made out for $7,400. That comes to $28,200. I am against this so much and on tape, on tape, none of these Councilmen knew anything about it, of course they said that and under 3905 oath, except one. That was Mr. Collins, on tape he said he has the OK from two attorneys that's good by him. On tape, Joiner was here, and he said that he took orders from Mr. Collins. I went down to the street sites and I was told there was already a contract. Yes we will pay him, the man did his work, but he was paved very shoddy. Also, it was taken out of the paving fund money, you've been jockeying around here for the last five months. The public is talking, phone calls, everything is being made over this whole thing. I've got no alternative right now, since Mr. Collins gave the order to do it on tape, but ask Mr. Collins to step down until this matter is settled, and it is not settled, I guarantee you it is in litigation. I make that in the form of a motion." Mayor Chapman stated, You have heard the motion by Councilman Rubin ". Attorney Bryant stated the motion was out of order. The motion as stated was just a personal request. If the motion is to have Councilman Collins expelled from the Council for misconduct, that would be a different motion. Councilman Collins stated, "May I say a few words, since I am the one being accused. To start with I didn't say that I had the OK from two attorneys. I said I talked to one attorney and he called Mr. Bull which is a vast difference. Then he gave us what Mr. Bull had told him. And the second thing that Mr. Rubin that Sam said he was taking orders from me and it is on tape, Well, to start with - that is a lie. And anybody that says that I gave Sam the order to go to work on that road is telling a lie, whether it be Mr. Rubin or whoever. I could care less. Now I will have Mr. Joiner here at the next meeting and find out who he took his orders from, I will be happy to do that, But anybody that says I told Sam to go to work or not to go to work is telling a lie. He was already working on that road when all of this came up and he went back over there and back to work. But I have not told him to work or not to work, to go home or not to go home or nothing else. The other deal that we talked about, I repeated and I asked Jerry what the situation was and Sam was with me at Jerry's office. Now previous to this, Mr. Rubin has said that I said that I talked to two attorneys, that is a lie. I didn't say that, I said that I talked to Jerry and Jerry called Mr. Bull. Now that is the truth. He also said that I had admitted that I carried Mr. Joiner and we went to my house and discussed it. That is a lie. We went to Mr. Bryant's office and discussed it. I would just like for people to know part of what did happen instead of just what Andy says happened." Councilman Rubin, "The tape says it." Councilman Collins, "No the tape does not say it, that is a lie ". Mayor Chapman asked if there was any further discussion on the matter if not move on to the next item for discussion. Mayor Chapman asked the Council about the new sprinklers being installed in the band stand park. Councilman Collins made a motion to approve the sprinkler system in the band stand park. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. yeas Thomas Rubin Collins Nays None Motion carried Mayor Chapman stated the County Commissioners might be interested in purchasing the City's 154 acres. Councilmembers agreed to negotiate with the County Commissioners. Director Fortner requested Council's approval for a 650 ft. water line extension on S.W. 4th Avenue and 9th Street. Councilman Collins made a motion to approve the water line extension. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Collins Nave. None 3927 JUN t 7 Council discussed the situation further agreeing for the Clerk to check on the original proposal to make sure it was only for one year. If so, the City should advertise for bids. Councilman Thomas withdrew his motion. Councilman Douglas withdrew his second. Clerk Thomas stated that she budgeted this year for the City Hall building to be pressure cleaned. Two proposals have been received. She recommended the Council accept the proposal from Hydro Professional Cleaning Service. Councilman Rubin made a motion accepting the proposal of Hydro Professional Cleaning Service. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Douglas Rubin Nays None Motion carried 86 -27 - 3 "s a submitted Attorney John Cassels statemen or Services rendered in the J.J. Zayti /Joiner case in the amount of 556.76. Attorney Bryant said the City filed interpleader for the Court to decide the payment issue between Zayti- Joiner. The statement for Cassels is really the bulk of what the City will need to pay for attorney fees now. The City may even receive reimbursement when the case is settled. Councilman Douglas made a motion that the City pay Attorney Cassels the amount of 556.76 for services rendered in the case of Zayti /Joiner. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Douglas Rubin Nays None Motion carried Councilman Douglas asked the Council if they wished to do anything about the letter received from the Kissimmee River Resource Committee, Concerning the study of Economic development. He suggested the Council wait and see what the County is going to do, then the City can join with them. Council agreed. 86 -39 Councilman Rubin recommended the Council sell the 154.6 acres. He then moved the City place the necessary advertisements for the 154.6 acres to be sold in the local newspapers. Councilman Thomas seconded the motion for discussion. Councilman Thomas stated that he was not saying he was going along with selling the property unless the City could get a great price. Councilman Thomas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Thomas Rubin Chapman Nays Douglas Motion carried 86 -14 Director Fortner asked the Council if they would like to wait until the next meeting for the report on sewer availability charges, when the full Council could be present. Council agreed. Director Fortner updated the Council on the Taddie /M & M contract. A letter has been sent telling Taddie /M & M to pull their equipment off the job or they will be confiscated. CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and Council THRU: THRU: FROM: J. J . Drago City Administrator DATE: February 3, 1989 SUBJECT: Tadd i e - for your information Enclosed is a copy of the motion for clarification of award. This is asking the AAA for the reasons panel award the arbitration case to Taddie. In another related matter, Zayti was a subcontractor for Taddie. Zayti was responsible for paving. Zayti filed a suit against the city some time ago claiming that the city owed him $34,214.44 plus interest and attorney's fees. Taddie did not pay Zayti, so Zayti filed suit against the city. The court dismissed the suit against the city stating that there was no cause for action because the contractor is responsible to the subcontractor, and the Surety responsible if the contractor fails to pay. TO: JOHN DRAGO FROM: JOHN R. COOK OF OKEECHOBEE DATE: April 16, 1990 SUBJECT: Joiner/Zayti Litigation I appeared in court for the city on April 6, 1990 and enclose a copy of the judge's order. Ushou1dI to do little more than monitor the status of the case for the city from this point forward. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO. 86- 224 -CA VB. F OKEECHOBEE, laintiff, JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J. J. ZAYTI, INC., Defendants, vs. TREASURE COAST CONSTRUCTION CO., INC., a Florida corporation, Intervenor /Third -Party Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J. J. ZAYTI, INC., Intervenor /Third -Party Plaintiff. ORDER THIS CAUSE came before the Court on April 4, 1990 on the Motion of JESSE M. JOINER for summary judgment. The Court finding from the Court file that a genuine issue of material fact remains in dispute, it is ORDERED AND ADJUDGED that the motion is denied. DONE AND ORDERED at Okeechobee, Florida this �v�� day of April, 1990. copies furnished to: Lester Jennings, Esq., John Cassels, Esq., Jerald D. Bryant, Esq. hn R. Cook, Esq. and John Gentry, Esq. Is/ WILLIAM L. HENDRY. WILLIAM L. HENDRY Circuit Judge 1 OKE '4�ytOR`OP CITY OF OKEECHOBEE CITY HALL 55 S. E. THIRD AVENUE 813/763 -3372 OR 763 -3667 OKEECHOBEE, FLORIDA 33472 Home of The Second Largest Fresh Water Lake in the United States April 2nd, 1986 Mayor Oakland Chapman has called an emergency meeting of the Okeechobee City Council for Thursday, April 3rd, 1986 at 2:00 P.M. in Council Chambers to discuss payment to J.J. Zayti Trucking for the paving of S.E. 3rd Street and 8th Drive. A;;O'" Bonnie S. Thomas, CMC City Clerk /(1)WOKC Representativ ORM 278 -3 Available from /Are-8W Inc., Groton, Mass. 01471 Prupusttl Page No. 1 of 1 Pages J.J. ZAYTI TRUCKING INC. Asphalt Division 509 NW 9th St. OKEECHOBEE, FL. 33473 -0728 (813) 467-2481 EMERGENCY CONTRACT PROPOSAL SUBMITTED TO City of Okeechobee PHONE 813 - 763 -7054 DATE STREET 55 SE. 2nd Ave JOB NAME CITY, STATE and ZIP CODE Okeechobee, Florida 33472 JOB LOCATION S.E. 8th Drive and 3 rd Street ARCHITECT DATE OF PLANS JOB PHONE Provost hereby to furnish material and labor — complete in accordance with specifications below, for the sum of: Upon Completion of Job Payment to be made as follows: dollars ($ 28, 231.00 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications be- low involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, acci- dents or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance. Our workers are fully covered by Workmen's Compensation Insurance. Authorize SignatM auf[ss p posJaQ iay , General Manager withdrawn by us if not accepted within days. We hereby submit specifications and estimates for: Paving and Overlay for SE 8th and SE 3rd S.E. 8th 4500 sq. yds. 11" Asphalt Paving $ 3.25 per sq. yd. 1067 sq. yds. 1" Overlay Paving @ $ 3.00 per sq. yd. 270 yards Shell @ $ 4.50 per yard Preperation Loader 1 Day Grader 3 Days Roller 2 Days Back Hoe 2 Days Truck $ 400.00 1,500.00 500.00 600.00 350.00 $ 3,350.00 Take Out 200 Cubic Yards S.E. 3rd Street 1160 sq. yds. 11" Asphalt Paving @ $ 3.25 per sq. Extra Work on S.E. 8th and 3rd 1454 sq. yds. Culdesacs and Roads 11" Asphalt Paving @ $ 5.00 per sq. ya. y $ 14,625.00 3,201 00 1,215.00 $ 19,041.00 _ $ 3,770.00 = 7,270.00 Patching on Culdesacs = 1,300.00 Le ss Amount Deducted from Taddie by Broome liana of Proposal - The above prices, specifications �s are satisfactory and are hereby accepted. You are authorized Ns specified. Payment will be made as outlined above. 6,500.00 TOTAL DUE $28,231.00 Signature Signature j FORM 2 199 Available horn /NM/ Inc. Groton. Mass 01471 LAW OFFICES JOHN D. CASSELS, JR 400 NORTHWEST SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE. FLORIDA 33472 • TELEPHONE 81.3•763•3131 CITY OF OKEECHOBEE CITY HALL 55 SE 3RD AVENUE OKEECHOBEE, FL 33472 DATE JUN-91985 6/05/86 MATTER: 13286/1 INVOICE: 001123 PAGE: 1 CITY OF OKEECHBEE VS ZAYTI TRUCKING SERVICES RENDERED 4/23/86 TELEPHONE CONFERENCE WITH MR. DAIVS. 4/24/86 TWO TELEPHONE CONFERENCES WITH ZAYTI; PREPARE FINAL CONTRACTOR'S AFFIDAVIT; REVIEW EXECUTED AFFIDAVIT; LETTER TO ADMINISTRATIVE ASSISTANT; OUT OF OFFICE CONFERENCE WITH MR. DAVIS. 4/28/86 TELEPHONE CONFERENCE WITH SAM JOINER; TELEPHONE CONFERENCE WITH MR. DAVIS. 4/29/86 OFFICE CONFERENCE WITH MAYOR AND MR. DAVIS; TELEPHONE CONFERENCE WITH MR. JOINER. 4/29/86 RESEARCH; PREPARE INTERPLEADER COMPLAINT. 4/30/86 TELEPHONE CONFERENCE WITH ATTORNEY JENNINGS; FINALIZE INTERPLEADER COMPLAINT. 5/23/86 TELEPHONE CONFERENCE WITH ATTORNEY JENNINGS REGARDING ACCEPTANCE OF SERVICE. 5/27/86 RECEIPT AND REVIEW OF ANSWER FROM ZAYTI. DISBURSEMENTS 5/02/86 SHERIFF SERVICE COST 5/02/86 COURT FILING COST 5/07/86 PHOTO COPIES $12.00 $40.00 $4.75 Yt a ,t, e n e n LAW OFFICES JOHN D. CASSELS, JR 400 NORTHWEST SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE. FLORIDA 33472 • TELEPHONE 813•763•3131 6/05/86 MATTER: 13286/1 INVOICE: 001123 PAGE: 2 SERVICES RENDERED RELATED EXPENSES PREVIOUS BALANCE BALANCE BEFORE PAYMENTS LESS PAYMENTS RECEIVED TOTAL AMOUNT DUE $500.00 $56.75 $0.00 $556.75 $0.00 $556.75 CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) Plaintiff, ) vs. ) JESSIE M. JOINER, QUALITY ) PAVING OF FT. MYERS, INC., and ) J.J. ZAYTI TRUCKING, INC., ) Defendants. ) IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 86 -224 CA MOTION FOR ORDER OF DEPOSIT INTO REGISTRY OF COURT COMES NOW the Plaintiff by and through his undersigned attorney and moves this. Court for an Order authorizing deposit of funds into the Registry of the Court and would show as follows: 1. THAT on May 5th, 1986 Plaintiff filed the above captioned Interpleader seeking this Court to determine the proper recipient of $7,400.00 in construction funds. 2. THAT the Plaintiff attempted to deposit the funds into the Registry of the Court but was advised by the Clerk of said Court that an Order authorizing the deposit would be necessary. WHEREFORE Plaintiff moves this Court to authorize deposit of the funds into the Registry of this Court. BY: JO D. CASS S, JR torney for Plainti 400 Northwest 2nd$freet Post Office Box -168 Okeechobee, Florida 33472 (813) 763 -3131 Law Office of JOHN D. CASSE JR. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to JOHN A. GENTRY, III, ESQ., attorney for J.J. Zayti Trucking, Inc., at 707 North Flagler Drive, West Palm Beach, FL 33401; and LESTER W. JENNINGS, ESQ., Attorney for Jessie M. Joiner, at 110 Northeast 3rd Avenue, Okeechobee, FL 33472 this day of Ma 19 . ASSELS, JR. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. / CASE NO: �i 6 -2 2 CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) Plaintiff, ) vs. ) JESSIE M. JOINER, QUALITY ) PAVING OF FT. MYERS, INC., and ) J.J. ZAYTI TRUCKING, INC. ) Defendants. ) COMPLAINT FOR INTERPLEADER COMES NOW the Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, by and through its undersigned attorney and sues the Defendant, JESSIE M. JOINER, hereinafter referred to as "JOINER ", QUALITY PAVING OF FT. MYERS, INC., hereinafter referred to as "QUALITY" and J.J. ZAYTI TRUCKING, hereinafter referred to as "ZAYTI ", and alleges: COUNT I 1. THAT the Plaintiff is a municipal corporation organized and existing under the laws of the State of Florida, and located in Okeechobee County, Florida. 2. THAT the Defendants are, and at all times material hereto, sui juris. 3. THAT in early February, 1986, the Plaintiff contracted with the Defendant, ZAYTI, to resurface portions of S.E. 8th Drive and S.E. 3rd Street and additional on 3rd Street extension. 4. THAT on or about February the Defendant, ZAYTI, submitted a final statement in the amount of $28,231.00. 5. THAT prior to approval of the invoice and work performed by the Defendant, ZAYTI, the Plaintiff received a "claim" from Defendant, JOINER, in his individual capacity. 6. THAT the Plaintiff did not hire and had no knowledge of the relationship between Defendant ZAYTI and Defendant JOINER, or Defendant, QUALITY. 7. THAT Defendant JOINER'S company, QUALITY, has, been named as a Defendant in this interpleader as the company has been named interchangeably with JOINER in various documents and references. 8. THAT the Defendant, ZAYTI, submitted a final Contractor's Affidavit alleging that JOINER was unpaid but that the amount owed to him or his company was contested. A copy of said Affidavit is attached hereto as Plaintiff's Exhibit "A" and incorporated herein by reference. 9. THAT the Plaintiff has disbursed all funds due to the Defendant for this particular repaving project with the exception of $7,400.00, which represents an amount equal to that claimed by JOINER. 10. THAT Plaintiff has no interest in and makes no claim to said sum of $7,400.00; that Plaintiff is uncertain as to who is the true, proper and legal owner of the money and does not know who is entitled to same and cannot release the money to any party without directtion of the Court. 11. THAT the sum of $7,400.00, the amount in dispute, has been deposited by Plaintiff in to the registry of this Court in order that it may be paid to such party as the Court may determine to be entitled thereto. 12. THAT the Plaintiff has been forced to retain the services of the undersigned attorny and obligated to pay his firm a reasonable fee for their services. WHEREFORE, Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, demands an Order of Injunction against each of the Defendants, enjoining them from instituting any suit or proceeding against the Plaintiff for said sum of $7,400.00, pending further Order of this Court; Plaintiff further demands general relief in connection with this matter, including the award to Plaintiff of costs and attorneys' fees in a reasonable amount and that upon final hearing, that Plaintiff be discharged from all liability regarding said money and for such other and further relief as this Court deems just and proper. COUNT II 13. THAT Plaintiff rea11eges and reincorporates Paragraphs 1 through 12 above as if fully set forth herein verbatim. 14. THAT this is an action for statutory interpleader pursuant to Florida Statutes 713.27. 15. THAT the Plaintiff held funds for disbursement on an improvement and there exists a dispute between the lienors, JOINER, QUALITY, and ZAYTI. WHEREFORE, Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, moves this Court to decree an interpleader and transfer all claims to the fund deposited in the registry of the Court and that effectiive upon such deposit, enter a decree that the Plaintiff be free from all liens and claims of lien of the parties to this action. BY: Law Office of JOHN D. CASS _ S, JR. •0 D. CASSELS Attorney for P tiff 400 Northwe 2nd Street Post Office Box 968 Okeechobee, Florida 33472 (813) 763 -3131 FINAL AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, personally appeared THOMAS PRUETT, who after being by me first duly sworn, deposes and says of his personal knowledge as follows: 1. He is the General Manager and authorized agent of J.J. ZAYTI TRUCKING, INC., which does business in the State of Florida, hereinafter called the "Contractor." 2. Contractor, pursuant to an oral contract, entered into the second week of February, 1986, with the City of Okeechobee, hereinafter referred to as the "City ", has furnished or caused to be furnished labor, material and services for the construction of certain improvements, resurfacing for Southeast 8th Drive and Southeast 3rd Street and additional work on 3rd Street Extension. 3. This Affidavit is executed by the Contractor in accordance with Section 713.06(3)(d) of the Florida Statutes for the purpose of obtaining a final payment from the City in the amount of TWENTY -EIGHT THOUSAND TWO HUNDRED AND THIRTY -ONE DOLLARS, less $7,400.00 held by the City due to notice received by Jessie M. Joiner. 4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors. NAME OF LIENOR AMOUNT DUE 1. JESSIE M. JOINER Quality Paving of Fort Myers, Inc. Post Office Box 6276 Fort Myers, Florida 33901 2. %r� 3. contested but does not exceed $7,400.00 Signed, sealed and delivered this ZST day of April, 1986. J. J. ZAYTI TRUCKING, INC. BY: ,Z THOMAS PRUETT General Manager, J.J. Zayti Trucking, Inc. i.L SUBSCRIBED and SWORN to before me this day of April, 1986. NtOi'ARY PUBLIC My Commission Expires: Notary Public, State of Florida at Large My Commission Expires Sept. 22, 1989 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 86 -224 CA CITY OF OKEECHOBEE, a Florida Municipal Corporation, Plaintiff, VS. JESSIE M. JOINER, QUALITY PAVING OF FT. MEYERS, INC. and J. J. ZAYTI TRUCKING, INC., Defendants. T n G ANSWER OF DEFEND T"y J. J. ZAYTI TRH N Defendant, J. J. ZAYTI TRUCKING, INC., through its undersigned attorney, Answers the Complaint filed herein and says: COUNT I 1. This Defendant admits the allegations contained in Paragraphs 1, 3 and 4. 2. This Defendant admits as to Paragraph 2 that it, Plaintiff, and Defendant, JESSIE M. JOINER, are sui juris but denies that Defendant, QUALITY PAVING OF FT. MEYERS, INC. is sui juris and demands strict proof thereof. 3. This Defendant admits that it submitted its Contractor's Affidavit as set forth in Paragraph 8 but denies the remainder of said Paragraph. 4. This Defendant admits the allegations set forth in the first sentence of Paragraph 9 but denies the remainder and demands strict proof thereof. 5. This Defendant denies the allegations contained in Paragraphs 5, 6, 7, 10, 11, and 12, and demands strict proof thereof. COUNT II 13. This Defendant re- alleges and adopts by reference its admissions and denials as to Paragraphs 1 through 12, inclusive, of Count I. 14. This Defendant denies the allegations contained in Paragraphs 14 and 15 and demands strict proof thereof. WHEREFORE, having fully answered the Complaint, this Defendant moves that same be dismissed, with prejudice, and that costs be taxed against Plaintiff and that Plaintiff go hence without day. AFFIRMATIVE DEFENSES r "1 As an for an Affirmative Defense to Plaintiff's Complaint, Defendant respectfully says: 1. This Defendant was required to engage and employ the Defendant, JESSIE M. JOINER, at the specific direction and instance of Plaintiff. 2. This Defendant was advised that if the Co- Defendant, JESSIE M. JOINER, was not engaged and employed by him in connection with the subject project that the contract for said project would not be awarded to this Defendant. 3. Plaintiff's actions and conduct are directly and solely responsible for and totally caused the dispute, if any, between this Defendant and the Defendant, JESSIE M. JOINER, and because of said unclean hands Plaintiff should be required and ought to absorb and pay its own costs and legal fees in connection with bringing this action. WHEREFORE, having fully answered the Plaintiff's Complaint, this Defendant moves that same be dismissed, with prejudice, that costs be taxed against Plaintiff, and that Plaintiff go hence without day. I HEREBY CERTIFY that a true copy of the foregoing was furnished, by mail, this ) 1/day of May, 1986, to JOHN D. CASSELS, JR., Attorney for Plaintiff, P. 0. Box 968, Okeechobee, Fla. 33472. LAW OFFICES OF JOHN A. GENTRY, III, P.A. 707 North Flagler Drive Wes P lm Beach Fla. 33401 ( 5) 59 -65!0 By A torney •r Defe CITY COUNCIL Oakland R. Chapman, Mayor COUNCIL MEMBERS Nick Collins Dr. Edward Douglas Oscar Thomas Andy Rubin CITY ADMINISTRATION Milton H. Davis Administrative Assistant 813- 763 -4116 Bonnie Thomas City Clerk 813 - 763 -3372 Landon C. Fortner, Jr. Dir. of Public Utilities 813 - 763 -7054 Larry Mobley Chief of Police 813- 763 -5521 L. Keith Tomey, II Fire Chief 813- 763 -4423 Charles• "Chuck" Elders Dir. of Public Works 813- 763 -3926 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33474 -2932 Home of The Second Largest Fresh Water Lake in the United States April 17, 1986 Mr. Jim Zayti J. J. Zayti Trucking, Inc. Post Office Box 728 Okeechobee, Florida 33473 RE: PAVING PROJECT S.E. Eighth Drive /S.E. Third Street Dear Mr. Zayti: The City of Okeechobee has been put on notice that Jesse M. Joiner has a claim for amounts due, from your company, for equipment provided and /or services rendered on the above referenced project. As a result, the City will require a release of lien from Mr. Joiner prior to payment of any amounts due your company. Further, the affidavit dated April 16, 1986,and presented to the City's Department of Utilities, states that "Subcontractors" have received full payment, but no such certification was sub- mitted regarding those providing labor and services or equip- ment. This will be required before final payment will be made. If you have any questions or need additional information, feel free to contact me. Sincerely, CITY OF OKEECHOBEE Milton H. Davis administrative Assistant sf xc: City Council JOHN D. CASSELS, JR LAURA ANN McCALL - 6 1985 LAW OFFICES JOHN D. CASSELS, JR 400 NORTHWEST SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE. FLORIDA 33472 • TELEPHONE 813. 763 • 3131 June 4, 1986 Milton Davis Administrative Assistant City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 33474 Re: City of Okeechobee vs. Joiner, et al. Dear Mr. Davis: Enclosed please find a copy of the Complaint for Interpleader which was filed in the Circuit Court in and for Okeechobee County which is designed to allow both Joiner and Zayti the opportunity of making claim to the $7400.00 contested amount. I am also enclosing a copy of my Motion to Deposit the Funds into the Registry together with an Answer filed by Zayti Trucking, Inc. An Answer has not yet been received from Joiner. Hopefully, this matter will be concluded with respect to the City within the next sixty days. With kindest regal -, I am Sincere D. CASSELS, JR. DC/ kb Enclosures JOHN D. CASSELS, JR LAURA ANN McCALL LAW OFFICES JOHN D. CASSELS, JR 400 NORTHWEST SECOND STREET • POST OFFICE BOX 968 • OKEECHOBEE. FLORIDA 33472 • TELEPHONE 813.763.3131 September 23, 1986 Sylvia Firestine City Hall 55 Southeast 3rd Avenue Okeechobee, Florida 33474 Re: City of Okeechobee vs. Joiner, et al. Our File #86 -0187 Dear Sylvia, Confirming our recent telephone conversation, permit me to recap the status of the Zayti litigation as it now exists. In light of the conflicting claim upon the City, the funds were interpled into the registry of the Court and Judge Hendry on August 14, 1986, granted our interpleader and transferred any claims to the fund and further released the City from further liability with regard to the funds in controversy. In that order, the Court reserved ruling on award of attorney's fees and costs. In that the City has incurred attorney's fees of approximately $1,400.00 to date, I filed a Motion for Attorney's Fees to be heard on September 30, 1986. In an obvious attempt to intimidate the City to withdraw its attorney's fee request, the attorney for Zayti filed a Motion to Amend and raise a Counterclaim for damages due to being "forced" to hire Joiner and the loss of his $7,400.00. I feel that the City's interpleader of the funds has been fully litigated by the Court and rather doubt that the Court will allow an amended Counterclaim at this time. However, as the old saying goes, the only certainty is death and taxes. In light of this, I feel that it is a "management" decision as to whether you wish to proceed with the hearing on the attorney's fees and possibly face further litigation or would rather absorb these costs and secure a stipulated release from further involvement. As the hearing is presently scheduled for September 30, 1986, I will need some direction as soon as possible so that I might prepare for the hearing if necessary. Finally, I am enclosing copies of the Order granting the interpleader, my Motion for Attorney's Fees and the Motion for Sylvia Firestine September 23, 1986 Page Two Leave to File Amended Answer and Counterclaim together with the proposed Amended Answer and Counterclaim of Zayti. With kindest re•ards, I am Sincer . CASSELS, J JDC /rlb Enclosure: As stated LAW OFFICES JOHN D. CASSELS. JR IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO: 86- 224 -CA CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) Plaintiff, ) vs. ) JESSIE M. JOINER, QUALITY ) PAVING OF FT. MYERS, INC.,and ) J.J. ZAYTI TRUCKING, INC., ) Defendants. ) MOTION FOR ATTORNEY'S FEES COMES NOW the Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, by and through its undersigned attorney and moves this Court for an award of attorney's fees from the res presently held in the Registry of the Court and would show as follows: 1. THAT on August 14, 1986, this Court approved an interpleader allowing the City of Okeechobee as stakeholder to interplead funds in controversy and claimed by JESSIE M. JOINER, QUALITY PAVING OF FT. MYERS, INC., and J.J. ZAYTI TRUCKING, INC. 2. THAT said Order reserved as to the determination of costs and attorney's fees which was to be heard upon separate Motion. WHEREFORE, Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation, moves that this Court award a reasonable attorney's fee to the Plaintiff to be charged from the funds held in the registry of the Court. By: Law Office of JOHN D. CASSELS, JR. D. CASSELS ttorney for ntiff 400 Northwest 2nd Street Post Office Box 968 Okeechobee, Florida 33472 (813) 763 -3131 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to LESTER W. JENNINGS, Esquire, Post Office Box 237, Okeechobee, Florida 33473, and JOHN A. GENTRY, III, Esqu re, 707 North Flagler Drive, West Palm Beach, Florida 33401, this day of September, 1986. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO: 86- 224 -CA CITY OF OKEECHOBEE, a Florida ) municipal corporation, ) ) Plaintiff, ) vs. ) ) JESSIE M. JOINER, QUALITY PAVING ) OF FT. MYERS, INC., and J.J. ) ZAYTI TRUCKING, INC., ) Defendants. ) ORDER -VE HUE 1 5 1986 THIS CAUSE having come on to be heard this 1st day of August, 1986, upon Defendant's, J.J. ZAYTI TRUCKING, INC., Motion for Rehearing, Defendant's, JESSIE M. JOINER, Motion to Dismiss and Plaintiff's, CITY OF OKEECHOBEE, Motion for Approval of Interpleader, and the Court having heard argument of counsel for all parties, reviewed the Court file and Statutes, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED 1. THAT as attorney for Defendant JOINER having withdrawn his Motion to Dismiss and having adopted the argument of the Plaintiff, said Motion is hereby determined to be moot. 2. THAT Defendant ZAYTI's Motion for Rehearing is hereby denied. 3. THAT the Plaintiff's Motion for Approval of Interpleader is hereby granted and the Court decrees an Interpleader of the funds presently held in the registry of the Court and said funds shall remain in the registry pending further Order of Court. 4. THAT the CITY OF OKEECHOBEE as stakeholder, having interpled the amount in controversy into the registry, is hereby dismissed from this cause of action and all claims relative to the $7,400.00 are transferred to the fund now held in the registry of the Court and the Plaintiff is released from further liability with regard to the funds in controversy. 5. THAT the award of attorneys' fees and costs shall be determined and assessed by separate motion. DONE AND ORDERED this _L' day of August, 1986, at Okeechobee, Okeechobee County, Florida. Isl WILLIAM L. HENDRY WILLIAM L. HENDRY Circuit Judge Copies/furnished to: ohn D. Cassels, Jr., Esquire Lester W. Jennings, Esquire John A. Gentry, Esquire IN THE CIRCUIT COURT OF THE NINETEEM JUDICIAL CIRCUIT IN AND FOR OKEECHORM COUNTY, FLORIDA. CASE CITY OF OKEECHOBEE, a Florida municipal corporation, Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF FORT MYERS, INC., and J. J. ZAYTI TRUCKING, INC., Defendants. 86 -224 CA MOTION FOR LEAVE Zb FILE AMENDED ANSWER AND COUNTERCLAIM Defendant, J. J. ZAYTI TRUCKING, INC., through its undersigned attorney, moves the Court for an Order allowing Defendant to file an Amended Answer and a Counterclaim, and in support thereof respectfully shows: 1. Defendant was and is the sole contractor in privity with Plaintiff in connection with a construction project in the City of Okeechobee,Florida. 2. Defendant complied in all respects with the performance of the contractual undertakings, submitted requisition for final payment due under said contract, including contractor's sworn affidavit, and was entitled to be paid the balance owed by Plaintiff on said contract, in the sum of $7,400.00. 3. Plaintiff instituted this action without just or legal cause to interplead said $7,400.00 into the Registry of the Court, as a consequence of which Plaintiff has deprived Defendant of its money and the use of its money since the day said debt was due to be paid and, in addition, has compelled Defendant to engage the undersigned attorney to represent its interest in and about said interpleader action. Plaintiff's action and conduct has thus obligated Defendant to pay attorney's fees to its Defendant in opposition to said interpleader action and has potentially subjected Defendant to a loss or diminution of the balance due on the aforesaid contract in the event the Court should award any attorney's fees to Plaintiff's attorney. 4. Furthermore, there would have been no necessity for institution of an interpleader action had the Plaintiff not compelled Defendant to engage the co-Defendant, JESSIE M. JOINER and/or QUALITY PAVING OF FORT MYERS, INC., as a condition precedent to being awarded this contract and of being awarded future contracts with Plaintiff. -5. Defendant's Counterclaim against the Plaintiff is a compulsory counterclaim tuner the provisions of Rule 1.170, F.R.C.P. and must be brought within this action as a matter of law, and Defendant is entitled to file an Amended Answer and Counterclaim under Rule 1.190, F. R.C.P., to dispose of all controversies within the pending action. WHEREFORE, Defendant moves the Court for an Order allowing the filing of an Amended Answer and Counterclaim, a true copy of which is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that a true copy of the foregoing was furnished, this day of September, 1986, to JOHN D. CASSELS, JR., ESQUIRE, Attorney for Plaintiff, P. O. Boot 968, Okeechobee, Florida 33472, and to LESTER JENNINGS, ESQUIRE, 110 N.E. Third Avenue, Okeechobee, Florida 33472, Attorney for Defendant, JESSIE M. JOINER. LAW OFFICES OF JOHN A. GENTRY, III, P.A. 707 North Flagler Drive West Palm Beach, Fla. 33401 (305) 659 -6500 By: Attorney for Defendant, ZAYTI FLORIDA BAR NO. 028230 IN TCIRCUIT COURT OF THE NINETEENTH JUDIC Cdr IN AND FOR OKEE) HOBEE COUNI'T , FLORIDA. CASE NO: 86 -224 CA CITY OF CREECHOBEE, a Florida municipal corporation, Plaintiff, vs. JESSIE M. JOINER, QUALITY PAVING OF rad MYERS, INC., and J. J. ZAYTI TRUCKING, INC., Defendants. l AMENDED ANSWER AND COUNTERCLAIM OF DEFENDANT, J. J. ZAYTI TRUCKING, INC. Defendant, J. J. ZAYTI TRUCKING, INC., through its undersigned attorney, Answers the Complaint filed herein and says: COUNT I 1. This Defendant admits the allegations contained in Paragraphs 1, 3 and 4. 2. This Defendant admits as to Paragraph 2 that it, Plaintiff, and Defendant, JESSIE M. JOINER, are sui juris but denies that Defendant, QUALITY PAVING OF FORT MYERS, INC., is sui juris and demands strict proof thereof. 3. This Defendant admits that it submitted its Contractor's Affidavit as set forth in Paragraph 8 but denies the remainder of said Paragraph. 4. This Defendant admits the allegations set forth in the first sentence of Paragraph 9 but denies the remainder and demands strict proof thereof. 5. This Defendant denies the allegations contained in Paragraphs 5, 6, 7, 10, 11, and 12, and demands strict proof thereof. COUNT II 13. This Defendant re- alleges and adopts by reference its admissions and denials as to Paragraphs 1 through 12, inclusive, of Count I. 14. This Defendant denies the allegations contained in Paragraphs 14 and 15 and demands strict proof thereof. WIEREFORE, having fully answered the Complaint, this Defendant moves that same be dismissed, with prejudice, and that costs be taxed against Plaintiff and that Plaintiff go hence without day. AFFIRMATIVE DEFENSES As and for an Affirmative Defense to Plaintiff's Complaint, Defendant respectfully says: 1. This Defendant was required to engage and employ the Defendant, JESSIE M. JOINER, at the speAfic direction and instance of Plaintiff. 2. This Defendant was advised that if the CO-Defendant, JESSIE M. JOINER, was not engaged and employed by him in connection with the subject project that the contract for said project would not be awarded to this Defendant. 3. Plaintiff's actions and conduct are directly and solely responsible for and totally caused the dispute, if any, between this Defendant and the Defendant, JESSIE M. JOINER, and because of said unclean hands Plaintiff should be required and ought to absorb and pay its own costs and legal fees in connecticn with bringing this action. WHEREFORE, having fully answered the Plaintiff's Canplaint, this Defendant moves that same be dismissed, with prejudice, that costs be taxed against Plaintiff, and that Plaintiff go hence without day. 0 Defendant, J. J. ZAYTI TRUCKING, , Th . (hereinafter ZAYTI) sues Plaintiff, CITY OF OKEECHOBEE, a Florida municipal corporation (hereinafter CITY), and alleges: 1. This is an action for damages in excess of $5,000.00. 2. At all times material City was and is a Florida municipal corporation located in Okeechobee County, Florida, and Zayti was and is a Michigan corporation authorized to do and doing business in the State of Florida and having its principal place of business in Okeechobee County, Florida. 3. In approximately mid-February, 1986, City engaged and contracted with Zayti to furnish labor, material and services to construct certain improvements and re- surfacing on SauthEast Eighth Drive and SouthEast Third Street and for additional work on the Third Street extension. 4. Zayti undertook to perfonm these obligations to City under said contract and on or about March 31, 1986 submitted invoice for all of the aforesaid work, labor and materials for the total sum of $28,231.00 to which the City interposed no objection. A true copy of said invoice is attached hereto and incorporated herein as Zayti's Exhibit "A ". 5. The City breached its contract with Zayti by paying Zayti the sum of $20,831.00 on or about April 25, 1986 and in failing and refusing to pay Zayti the $7,400.00 balance due and owing from and after March 31, 1986. 6. City wrongfully and intentionally failed and /or refused to pay Zayti the $7,400.00 balance due and owing since March 31, 1986 despite frequent demands therefor and, subsequently, instituted this action for interpleader to have entitlement to said sun determined by the Court on the basis of an alleged "conflicting claim" of one of Zayti's employees, CO-Defendant, JESSIE M. JOINER. 7. As a direct and proximate consequence of the City's breaches aforesaid, Zayti has been compelled to engage the undersigned attorney to represent its interest in and about the defense of the interpleader action and in and about enforcement of its contractual rights against the City, Zayti has agreed to pay said attorney a reasonable fee and City should and ought to reimburse and/or indemnify Zayti therefor and/or pursuant to Section 57.105, F.S., because there was and is no justiciable issue of law or fact in respect of Zayti's contract and his absolute entitlement to payment of the contract sum by the City. 8. Zayti renews and re- affirms its entitlement to the sum deposited in the Registry of the Court and demands payment of the entire sum from March 31, 1986 through April 25, 1986 and on the interpleader sum from April 25, 1986 until paid. WHEREFORE, Defendant - Counterclaimant, J. J. ZAYTI TRUCKING, INC., sues and demands judgment of, from and against Plaintiff- Counterdefendant, CITY OF OKEECHOBEE, for damages in excess of $5,000.00, all costs of this action, a reasonable attorney's fee and such other relief as Counterclaimant may be entitled. I HEREBY CERTIFY that a true copy of the foregoing was furnished, by mail, this day of September, 1986, to JOHN D. CASSELS, JR., ESQUIRE, Attorney for Plaintiff, P. 0. Box 968, Okeechobee, Florida 33472, and to LESTER JENNINGS, ESQUIRE, 110 N.E. Third Avenue, Okeechobee, Fla, 33472, Attorney for Defendant, JESSIE M. JOINER. LAW OFFICES OF JOHN A. GENTRY, III, P.A. 707 North Flagler Drive West Palm Beach, Fla. 33401 (305) 659 -6500 By: Attorney for Defendant, ZAYTI FLORIDA BAR NO. 028230 J.J. ZIYTI TRUCKING, INC. March 25, 1986 p. o. box 728 / okeechobee, fl 33473 -0728 / (813) 467 -2481 City of Okeechobee 55 SE 2nd Ave. Okeechobee, Florida 33472 RE: Extra Work on S.E. 8th & S.E. 3rd. 1454 Sq. Yds. Culdesacs and Roads 11" Asphalt Paving @ $ 5.00 per sq. yd. Patching on Culdesacs $ 7,270.00 1,300.00 TOTAL EXTRA WORK s $ 8,s .0O Total from Previous Work TRANSPORTING MATERIALS 19,661.00 $ 28,231.00 ti ti' -4 v 2 0 D m 0 m 3 0 v_ 0 m m 0 X 0 2 i 0 i m m rw.��.s•.+... • • tri Co N 0 CO G, 0 0 a• 5' uo-poes lssaglnos 0 20 CA C3 Mm D2 i -4 • m 0 A '3 mm 2 -i C 2A C= m mm m0 DD 0 m D D0 3D 0 co i. tn 0 0 CO 22 ,12 A 20 M f 1 D N 2 Cm Zi 1 O n m -• O m 0 m m m m .n m z O O D D m GNflA 1V113N39