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1971-07-06 Regular 13E7 Councilman Douglas reported a request from Glenn Prescott residing on South Park Street to extend his fence across alleyway as the adjoiniug property owner had been permitted to do some years ago. Mr. Prescott had stated that he would remove fence at anytime the City requested him to do so. Attorney Curren requested to ascertain the legality on encroachment permit. Councilman Domer reported the receipt of copies of a proposal for a cooperative study between the U. S. Geological Survey and the City of Okeechobee related to the feasibility of developing a ground-water supply for the City. Attorney Curren and Supt. Fortner advised the Council of the need for a better photo-copier. The Council authorized Supt. Fortner to get prices on different machines that he felt would be more beneficial to the City. The Clerk reported a request from the United Telephone Company for a letter stating whether or not the ChUrches are exempt from the Utility Tax. The Council requested Attorney Curren to have the Florida State Statutes goveruing this matter at the next meeting of the Council. Upon motion the Council adjourued. PRESIDENT CITY COUNCIL July 6, 1971 Tb~ City Council of the City of Okeechobee, Florida, met in regular session at the City Hall on the above date at 7:00 P. M. with the following present: Mayor Dunham, President Burk, Councilman Domer, Doug].as and Hunt with Attorney Curren, Clerk Spivey, Deputy Clerk Bennett and Supt. Fortner. The Meeting was opened with prayer by Councilman Hunt. Md~utes of the meetings held June 8, 22 and o_8, 1971 were read and approved as read. Tbsp. following bills in the amount of $ 9,~7~.!1 $ 18,645.62 $ 11,887.50 and $ !7~345.00 ' ' ' were approved and ordered paid when funds are available: GENERAL FI~qD: ~_orida Power & Idght Company $1096.43 ~ ~.echob~e County Bank 911.90 Mary Schwalbe 6.56 Police Dept. Uniform Allowance 150.00 Flo~rida Combined Insurance Agency, Ioe. 250.88 Co!or,iai Life & Accident Insurance Co. 29.00 American Family L~ee Assurance Co. 7.60 Bond Refund 165.00 Charles L. Strickel 75.00 Rd,~hard B, Spray 1OO.OO United Te!ephom~, Company 133.27 Pe+ty Cash 3.3~ Br ~athalyz er T~ st 40. O0 Au !ley Dunham 50.00 Board of Adjustments and Appeals I 25.00 Olen Godwin 234.00 Wharrell Auto Parts 354.69 Mo~oro!a Comrnmications & F2ectronics, Inc. 58.59 ~l'-~e's "66" Service Station 39.84 Okeechobe~ Hardware & Furniture Co. 15.20 Ferguson Plumbing T,c. 1 5.40 Parrot+,, Inc. 134.86 o~ t Pierce Typewriter Co. 24.66 Ye~ ley' s Oarage & Machine Shop 10.40 At+.away Lumber Co. 32.69 Do:~er's Machine Shop 67.29 Park Discount Dm~gs 2.78 ~iiott Appliance Service 35.45 Southeastern Printir:g Co., Inc. $ h2.h5 A A Fire Equipment Co. 6.25 Ring's Sales & Service 1 .50 Pippin Tractor & Equipment Inc. 37.08 Hunt Brothers Grocery Co. 79.90 Zep Manufacturing Co. 81.00 Sargent-Sowell, I~c. 142.43 ~a!vert Mamtfacturi.~g Company 496.38 McCain Sales of Florida, Inc. 273.21 BennJe's Auto Supply, Inc. 59.46 Jim Ammo~s 30.00 W.S. Darley & Compary 26.8h R.M. Faglie, Agent, h9.82 Olen Godwin 1 .ho Engel ' s 60. OO John' s Towing Service 10.00 A.+lantic Equipment & ~pply Co., Inc. 3.66 Biscayne Fire Fquip~ent Co., I~c. 222.70 Dewier Chemical Company 62.20 The Okeechobee News 23.37 United Laboratories, Inc. 291 ~00 Okeechobee Insurance Agency 60.00 J. Edward Curren h75.O0 Okeechobee "66" Service 5.56 Okeec, bobee Glsss & Window CompaDv 5h.76 John' s S%,andard 1 3 · 29 John' s Standard 6.76 Garden, Ranch, & Pe+ Supply 5.00 J.E. E!tzuoth 30.00 Southern Bu41ding Code Pub!ishin~ Co., Inc. 103.68 Northwest, Truck Par~.s, Inc. 7.68 Printing by Hearn 380.1 2 Okeechobee Volunteer Fire Dept. Inc. 375.00 Park Stationers, Inc. 29.15 Del Chemical Corporation 743.59 National Chemsearch Corp. 171.20 Industrial Supply Corp. 7.52 441 Enco Station 533.97 Board of County Comw~issioners 2!3.00 Duro-Test Corporal. ion 1 85.91 Halsey & Or~ frith, Inc. 6.43 TOTAL - 9,578.1! WATFLR & SEWER OPERATION & MAINTENANCE FUND: Brockway, Owen & Anderson Engineers, Inc. 10675.00 Florida Power & Light Company 834.64 City ~ n~~^^ ~^~+~ ~, ~ ...... Operation ~, ~,+ ~,~ ~nnn nn Okeechobee County Bank 817.20 Flnrida Comb%ned Insurance A~ency, Inc. 17h.20 ColoDia! Life ~ Accident Insurance Co. 11.00 Am. eric, an Family Life Assurance Co. 15.20 Charles Daniel. son 1 7.50 Ion Johns ?5.00 Alfred Watterson 100.00 United Telephone Cor~,_any 57.30 J.C. Fewell, Postmaster 115.h4 Petty Cash 1 29 ? 30 W~ter Deposit, Refunds 217.h0 Motorola Communications & Electronics, Inc. 25.16 Dude's "66" Service Station 7.~0 0keechobee Hardware ~% Furniture Co. 37.85 Ferguson Plumbing, Y.~c. 6'.80 Parrott, Inc. ! h.13 Fort Pierce Typewriter Company 9.67 Kelley' s Garage & Machine Shop 11 .36 Attaway Lumber Company 9.3h Domer ' s Machine Shop 61.93 '. _.., National Chemsearch Corporation 63h.97 Sessions Upholstering 25.00 Peerless Pump 61.00 Hach Chemical Co., Inc. 203.1~ Undt, ed States Concrete Pipe Company 591.86 Turner M~chine & Supply Co. 12.00 Apperson Chemicals, Inc. 1872.75 Winta Rentals 2.50 Wherrell Auto Parts, Inc. 39.3h Park Stationers, Inc. 12.98 Del Chemical Corporation 97.32 National Chemsearch Corporation 108.85 Industrial Supply Coz-p. 53.h6 kb1 Enco Station 160.28 Rockwell ~nufacturing Co. 1 326.92 - l" -"I l .... 1 1 ...... TOTAL 18,6 : ~ CITY OF OKEECHOBEE - WATER & SEWER REVENUE BONDS FUND: Water & Sewer Revenue Bonds Sinking Fund 17,3h5.O0 I & S REFUNDING BONDS FUND: Oke~chobee County Bank 1!, 887.50 CIGARETTE TAX FUND: C~'Tv ~F OKE, ECHOBEE - G[~ERAL FUND 20,000.00 (Transfer of funds) CITY OF OKEECHOBEE-WATER ,~ SEWER REVENUE ~FND: Water & Sewer Operation &. Maintenance F%md !g,O00.OO (Transfer of funds) · Don osha and Charles Anderson, Consulting Engd, ne~rs, were present in regards to control panel at qoyal's Shopping C~nt~r be%ng moved to west side of Riverview Drive, stating that according t? plans dt sho~,~].d have been on east side of street and that Mr. Royal had agreed to build l%ft station acc~:.rding to city ?!a?~.s and specificaf, inns. The Council requested Attorney Curren to contact ~. Royal r~-,garding this relocation. Mr. Osha also reported tha~, several companies had requested plans and specifications on water mains and t~nk installation, and he also stated that they were in the process of preparing a new rate schedule and expected to have preliminary suggestions at an early date. Supt. Fortner presented monthly water, sewer and street department report. SupS.. Fortner reporte~ a request from HorLey Hooker for water line extension to his property on south M&s,'%i Street also requested a fire hydrant near his property. The nearest water service to property is approximately 600 feet and the nearest fire hydrant approximately 900 feet. Supt. Fortner repo., ted it would cost approximately $1,000.00 to furnish and install fire hydrant. Matter referred to Water Co~m~_ittee. Sup,~, Fortner stated the need of a cycle bar for mowing machine, approxi:.~ate cost $?,gO.00. Said equip:cent would help to maintain ditches and dirficu!%, areas. After discussion Councilman Douglas m.ove'~ to purchase above mower attachment at an approximate cost of $950.00, seconded by Counci!m3n D'~mer and unanimously carried. Attorney Curren reported that the "Memorandlu?~ of Agreement" by W. L. "Bill" Tonlinson had ion b,~en execute~-~, confirming his promise and cormmittment to pay all cost to the city on comp!et/ of water line imstalla+,ion to Winta Park Subdivision. MEMORANDUM OF AGREF~iENT ~]{EREAS, W. L. "Bill" Tomlinson is presently planning and developing a subdf vision located ~% the junction of US 98 and SR ?0 West, approximately one- fourth mile west of the City limits, to be known ss Winta Park, the plat of which has received the tenative approval of the Board of County Commkssioners, subject to curbing and ~lttering in conformance with subdivision regulations; and, [dH~EAS, the developer desires city water service through his subdivsion coDmected with the cindy's existing six inch water main running west along SR 70; and +he drveloper proposed to ~h~ City Council at a meeting on June 22, 1.971, that $ e if the city would authorize the immediate laying of two inch water service lines through the subdivision while developer is curbing and guttering, all work to be done and materials furnished by the city, then the developer would pay unto the city the entire cost of the subdivision water service lines, including the cost of labor of city water crews amd supervisors, and the cost of all pipe, connectors, meters, and every and al! other items and things used or irkstalled in connection there%rith. Title in and to each and ever)- of the items and things installed would remain in the city. NOW, THEREFORE, it being resolved by the city council by affirmative vote of the me~bers present at the meeting of June 2~, that the city water department proceed to install subdivision water service lines in Winta Park located according to the developers plans and directions, using city materials and labor, upor the empress condition and unde~tanding that the developer, W. L. "Bill" Tomlinson, shall pay the entire cost, material, labor and otherwise, upon completior of water line installation by the city, by i~ediate payment of itemized statement presented to him by ~he city, without demand. If city should have to enforce thins agreement by suit, it w~_!! recover interest, costs & attorney fees. THIS MEMOt~ANDUM represents the entire agreement between the City and W. L: Tomlinson. The affirmative action taken by the City Council at its meeting of June 22, 1971, as re~ected by the md.~tes of that meeting, constitutes sufficient authority for !he city water department to co~.ence constriction o.f the water service. The developer, 'W. L. Tomlinson, shall confirm and ratify his promise and committment to pay 8/.1 cos±s to the city on completion of water line installation, by affixing his signature to this memorandum of agreement below. ACKNOWLEDGMENT I do hereby acknowledge, ratify and confirm the aforesaid terms of this memorandum of agreement, snd my absolute promise to pay unto the City of Okeechobee, Florida, upon completio~ of water line installations and presentment of billing by the city, without demand, a sum of money sufficient to pay the entire cost of materials, labor, and amy 3ther items or things used or expended in the installation of said water line by the city. Witness ~ hand and seal this 6th day of July, 1971. Bill Tomlinson (Seal) J. Edward Curren Leon H. Willis Attorney Curren reported that the revised franchise from OkeAirCo had been received and reviewed and found to be i~, proper form and complies with all reoj%ests of the Council. Councilman Domer moved to grant eranc~,ise, presenting Ordinance and moved its adoption and upon being seconded by Councilman Douglas was Fur to a vote and unanimously adopted. Upon adoption of Ordinance the company shall ffle withiD ?O days, acceptance of the terms, provisions and conditions of Ordinance. ORDINANCE NO. ORDINANCE NO. ~1~6 AN ORDINANCE GRANTING FRANCHISE TO OkeAirCo Inc., CABLE TELEVISION OF OKEECHOBEE, TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF O~ECHOBEE, FLORIDA; REGULATION OF IT'S OPERATION, RATES, PAYMENTS, SERVICE, CONSTRUCTION, AND MAINTENANCE; CONTAINING CERTAIN PROHIBITIONS: PRESCRIBING CERTAIN PENALTIES; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE GOVERNING BODY OF OKEECHOBEE, FLORIDA: Section 1. Short Title. This Ordinance shall be known and may be cited as OkeAirCo Inc. Cable Television of Okeechobee Fran- chise Ordinance. Section 2. Definitions. For the purpose of this Ordinance, the following terms, phrases, words, and derivations shall have the meaning given herein. When not inconsistant with the context words used in the present tense include the future, words in the plural number include the singular number, and words in the sing- ular number include the plural number. The word "shall" is always imandatory and not merely directory. a. "State" is the State of Florida. b. "City" is the City of Okeechobee, Florida. c. "Company" is OkeAirCo Inc. Cable Television of Okeechobee a Florida Corporation, the grantee of rights under this ti Franchise Ordinance. d. "Governing Body" is the City Council of Okeechobee, Flor- ida. e. "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. f. "System" shall mean the lines, fixtures, equipment, at- tachments, and all appurtenances thereto which are used in the construction, operation and maintenance of the community antenna television system herein authorized. Section 3. Grant of Authority. There is hereby granted by the City to the Company the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under, the streets, alleys, public ways and public places, now laid out or dedicated and all extensions thereof and additions thereto in the City~ wires, poles, cables, underground conduits, conductors and fixtures necessary for the maintenance and opera- tion in the City of a community antenna television system for the reception and distribution of television signals and energy, ..... -1- frequency modulated radio signals, and commercial visual and aural signals which are not otherwise herein prohibited. The Company~ shall have the right in the operation of the system to make attach- ments to City-owned property at such rates and upon such terms and conditions as shall from time to time be determined by the Eoverning body. The rights herein granted shall extend to any area annexed to the City and the Company shall be bound by the same rules and regulations as to such area as are otherwise herei~ or hereafter provided. The right to use and occupy said streets, alleys, public way~ and places for the purposes herein set forth, shall not be exclu- sive, and the City reserves the right to grant use of streets, alleys, public ways and places to any person at any time during the period of this Franchise Ordinance. The Company shall have the right to enter into agreements for the attachments onto and use of facilities owned and operated by public utilities operating with the City, whereby the Company shall strictly comply with the terms, provisions and restrictions of said agreements, and copies of all agreements made with other public utilities operating within the City shall be placed on fil~ with the City Clerk's office immediately upon their execution. Section 5. Company Liability and Indemnification. a. Liability Coverage. It is expressly understood and agreed by and between the Company and the City that the Company shall save the City harmless from all loss sustained by the City on account of any suit, judgement, execution, claim, or demand whatsoever arising out of the construction, operation, and main- tenance of the system by the Company. The Company agrees to main. rain and keep in full force and effect at all times during the term of this Franchise Ordinance sufficient l~.b%]ity insurance coverage to protect the City against any such claims, suits, judgements, executions, or demands in a sum not less than $100,00(. O0 per person in any one claim, $300,000.00 as to any one acciden~ or occurance, and not less than $100,000.00 for property damage as to any one accident or occurance. - 2- -3- b. Workmen's Compensation Covera6e. The Company shall also maintain in full force and effect throughout the duration of this Franchise Ordinance sufficient workmen's compensation insurance coverage to adequately and fully protect it's agents and employees as required by law. c. Permanent Payment and Performance Guarantee. The Company shall furnish a bond to the City in the sum of $1,000.00 which shall remain in full force and effect throughout the terms of this Franchise Ordinance to guarantee the payment of all sums which may become due to the City for rentals, inspections, or work performed for the benefit of the Company under this Franchise Ordinance by any of its provisions, and such bond shall guarantee to the City the performance by the Company of all provisions of this Franchise Ordinance and all laws, rules, and regulations herein permitted to be adopted and enforced, upon acceptance of Franchise by Company. d. Resident Company and Agent. All insurance policies and bonds as are required of the Company in this Franchise Ordinance shall be written by a company or companies authorized and qualif- ied to do business in the State. Certificates of all coverage required shall be promptly filed by the Company with the city. Section 6. Conditions on Street Occupancy and System Construction. a. Use. All transmission and distribution structures, line~ and equipment erected by the Company within the City shall be so located as to cause minimum interference with proper use of streets, alleys, and other public ways and places and to cause minimum interference with the rights or reasonable convenience of propert~ owners who adjoin any of said streets, alleys, or other public ways and places. b. Restoration. In case of any disturbance of pavement, sidewalks, driveways, or other surfacing, the Company shall, at its own expense and in a manner approved by the City, replace and restore such places ~o disturbed in as good condition as before said work was commenced, and shall maintain the restoration in a condition approved by the City for the full period of this Fran- chise Ordinance. -- 3 -- -5- such violation, and in the event the Company does not make such correction within ninety (90) days from receipt of such notice to correct such violation~ and in the event the Company does not make such correction within ninety (90) days from the receipt of such written notice, the City may make such correction itself and charge the cost of same to the Company. Section 8. Number of Channels. The Company will install fo~ the operation of the system in the City an ALL CHANNEL SYSTEM capable of transporting and relaying all twelve VHF channels, and the Company shall place into operation not less than five channels available to subscribers to this system in the City and the Compa~ will continue to maintain and relay to the subscribers to this system in the City not less than five channels, unless the trans- mitting television station or stations ceases or curtails its transmission by act of God or other cause not within the control of the Company. The Company shall make the national television networks ABC, NBC, and CBS ayah.].able. Section 9. Regulated Public Utilities. The Company shall net use the system to interfere or conflict with services offered by public utilities regulated by the State. Section 10. Minimum Reception Standards. The licensee shall establish and guarantee minimum technical reception standards at the terminals of each television set serviced, said standards to be approved by the ~. The following minimum technical reception standards are herewith established: (a.) The licensee shall maintain and operate the system and render efficient service in accordance with the rules and regulat- ions established or to be established by the ~, provided however, the licensee shall operate the system so that there will be no interference with television reception, radio reception, telephone communications or other installations which are now or may hereafter be installed and in use by the ~ or any person~ in the ¢~.qr. (b.) The licensee shall carry all signals of every televisioz station where the community antenna television system tower or towers and antenna equipment are located within the Federal Com- munication Commission approved predicted Grade B contour line of that television station. The television signals at no time shall be altered, interrupted, or blacked out in any way be the licensee (c.) The licensee shall provide and maintain at all times: 1. All-band equipment, capable of passing the entire VHF television and FM radio spectrum. 2. Equipment that passes standard color television signals without degradation and with no phase shift and no effect on color fidelity and intelligence. 3. A minimum level of 1,500 microvolts at the input terminals of each TV receiver on the line. 4. A system and all equipment designed and rated for 2S-hour a day continuous operation. 5. A signal-to-noise ratio of not less than forty-six decibels. 6. A television signal with a hum modulation less than three percent. 7. Components having voltage standing wave ratio of ~ or less. 8. A inter-modulation distortion not to exceed minus forty-six decibels. 9. A plot of gain versus frequency across any six megacycle channel of a flat plus or minus one decibel. (d.) The licensee shall provide and keep accurately cali- brated test equipment on hand in the ~ at all times for the testing of all service and operational standards outlined herein and shall conduct tests as requested by the ~y under the superk vision of a C~'~y representative in order to establish the level| ! of performance of the system. (e.) The licensee shall render efficient service, make re- pairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions insofar as possible shall be preceded by notice and shall occur during periods of min- imum use of the system. Section ll. Company Rules. The Company shall have the auth- oriSy to promulgate such rules, regulations, terms, and conditions -- 6 -- governing the conduct of its business as shall be reasonably nec- essary to enable the Company to exercize its rights and to perfor~ its obligations under this Franchise Ordinance and to assure an uninterrupted service to each and all its customers, provided~ however~ that such rules~ regulations, terms and conditions shall not be in conflict with the provisions hereof and shall be subjec~ to the approval of the governing body. Section 12. Rates to Customers. The Company shall have the right to charge and collect compensation from all persons and corporations who subscribe to Company's services, based upon the following schedule: (a.) No installation fee before or during installation of the system. (b.) $9.95 installation fee through the first year of operation. (c.) $20.00 installation fee may be charged for all instal- lations or hook-ups after the first year of operation. (d.) Single family units - $60.00 per year for a one service outlet to be paid in advance. The customer may elect to pay the yearly fee at $5.50 per month, hence paying a total yearly fee of $66.00. The difference of $6.00 per year represents additiona costs of bookkeeping and billing. In the event a single family unit or its equivalent desires more than one outlet, there shall be an additional annual charge of $24.00 per outlet per annum. Ce.) Apartments and other multi--?~mi!y units rented to trans- ients or seasonal visitors shall, after the first standard servicl of $60.00 per year or $5.50 per month, be charged at the rate of $33.00 per year or $2.75 each month for each additional outlet of service. (f.) The above fees allow a lead-in of 100 feet from the isting distribution system to customer dwelling. Installations requiring additional lead-in shall be billed on an individual basis. (g.) For the purpose of this Agreement, each unit of a coop- erative apartment, duplex apartment, or other multi-family unit normally occupied on a permanent basis, shall be considered as a single family dwelling. -- 7 - 8 - (h.) For the purpose of this Agreement, it should he noted that multi-family or apartment type dwellings in (e) are wired for service under s~parate negotiated contract and that the $20.0¢ installation fee is to bring only one service to the premises. (i.) The rates, conditions, specifications and agreements above described and listed shall remain in full force and effect during the term of this Agreement; said rates may be changed or altered upward by a majority vote of the City Council, but then only after one month's written notice has been given to the City. (j.) In the event the Company is required to pay any type of tax not now required to be paid, or is required to pay any fee or compensation to the American Society of Composers, Authors and Publishers (A.S.C.A.P.), Broadcast Music, Inc. (B.M.I.) or any other similar organization, or to any holder or owner of copy- righted material, the Company may bill its subscribers for such tax or fee in addition to its yearly service charge. Section 13. Preferential or Discriminatory Practices Prohibi~e~. The Company shall not, as to rates, charges, or regulations, make| or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage. Section 14. Pajment to the Citj. a. Gross Revenue Taxes. The Company shall pay to the City a tax or fee from the gross revenue received by the Company from the operation of the system which shall from time to time be set by the governing body, for a period of the duration of this Fran- chise Ordinance and renewal terms t~ereafter, the Company shall to the City five (5) percent of the gross revenue received by the Company from the operation of the system. Thereafter, the rate shall continue, unless a new rate is mutually agreed upon by the City and the Company. Defining the Company obligation hereunder the gross revenue received by the City shall be on all payments maie by subscribers within the Corporate City limits. b. Manner of Payment. All payments as required by the Com- pany to the City shall be made quarterly and shall be due within thirty (30) days after the close of the preceding three month period. -- 8 -- -9- Section 15. Reports. A semi-annual summary report showing gross revenues received by the Company from the operation of the system within the City during the preceding six months period and such other information as the City may require in support of same shall be given to the City by the Company. Section 16. Transfer Prohibited. The Company shall not sell or transfer its plant or system or any portion thereof, nor right title, or interest in the same, nor shall the Company transfer an rights under this Franchise Ordinance to any other person without prior approval of the governing body. Section 17. Penalties. Should the Company, its successors or assigns, violate any of the provisions of this Franchise Ord- inance or any reasonable rules and regulations or other laws, or should the Company fail to promptly perform any of the provisions hereof, the Company shall forfeit all its rights hereunder to the City after written notice to the Company and continuation of such violation, failure or default for a period of more than ninety da~s. In the event the Company is adjudged bankrupt, all rights herein given to the Company shall, at the option of the City, be forfeited and terminated. Section 18. Separability. In the event any section or part of this Franchise Ordinance shall be held invalid, such invalidit shall not affect the remaining sections or port~on~ of this Fran- chise Ordinance. If the terms of this Franchise should conflict with any laws or regulations now in effect or hereinafter adopted by the Federal Communications Commission (or any other government. 1 agency now existing or to be formed issueing rules and regulation affecting telecommunications) the State or the United States Gove: n- ment, compliance by the Company with such rules shall not cause a forfeiture of this Franchise. Section 19. Service to the City. The Company shall provide one free connection to a municipally owned or leased building within the corporate limits of the City, not supplied unless it i agreed with mutual parties. Section 20. Effective Date - Acceptance by Company. This -- 9 - l0 - Ordinance shall become effective thirty (30) days after its adop- tion by the governing body. Upon the adoption of this Ordinance, the Company shall file with the City Clerk its written acceptance of the terms, provisions, and conditions of this Franchise Ord- inance within thirty (30) days after said adoption. Otherwise, this Franchise Ordinance shall be void and of no effect, and the Franchise rights, privileges and authorities given the Company hereunder shall cease. This Ordinance is null and void if the Company has not begun operation and transmission within twelve (12) months of the effective date of this Ordinance. Section 21. New Developments. It shall be the policy of City liberally to ammend this Franchise upon application of the grantee, when necessary to enable the grantee to take advantage of any developments in the field of transmission of television, radio signals, and cable television, which will afford the grantel an opportunity more effectively, efficiently, comprehensively or economically to serve its customers; provided, however, the grant, e so accepts said ammendment in writing and that the section shall not be construed to require the City to make an ammendant. Section 22. Duration of Franchise Ordinance. This Franchisi Ordinance shall remain in full force and in effect for a period o ten (10) years and shall be subject to option renewal by the City by negotiations with the City for additional ten (10) year period , not to exceed two (2) ten year periods, or a total length of this Franchise Ordinance of thirty (30) years. Section 23. Sale of System. The City reserves first refusa option on the purchase of the system should it be offered for sale during the 30 year maximum life of this franchise, and fur- ther the City reserves the right and requires the grantee, as a condition precedent to the taking effect of the grant, to give and grant to the municipality the right and after the expiration of such term to purchase the system and other property used undez or in connection with this franchise, or such part of the property as the municipality may desire to purchase at a valuation of the property, real and personal, desired, which valuation shall be fixed by arbitration as may be provided by law. -10- - ll - Section 24. Repeal Conflicting Ordinances. All Ordinances or parts of Ordinances in conflict herewith are to the extent of such conflict hereby repealed. Passed this 6th day of July , AD, 1971 0keechobee, Florida President of City Council Mayor / Attest: City Clerk - ll - %~ OK~AIRCO, INC. % t~IOKC RADIO H I%~AY ,4,41 ORt~ECHOPEE , FLO.q!DA July 26, 1971 Mr. Donald Burk, President Okeechobee City Counci. 1 City of Okeechobee Okeechobee, Flora_da Dear Mr. Burk: This letter is our acceptance of the Cab]evasion C~dinance Franchise Agreement to bu~].d and operate a Cablevis~on (CATV) System in the City of Okeechobee. We accept the teyms and conditions as set forth in the comp!ere Franchise Ordinance as passed and signed by,the Okeec-hobee CiLy Council on the 6th day of July', 1971. The liability insuraDce and performance bond coverage has been ordered from the Insurance Firm of Nabers, Crane ~ S~vers of St. Petersburg, Florida. These will be delivered to you as soon as processed. Sincerely yours, C~.'R. BI ~5R, President CRB BINDER This is to certify that we have eft:ec?ed the following insurance for account of · OkeAirCo, Inc. · c/o Immokalee Gablevlston · P.O.Box 520 · Immokalee, Fla. 33934 Kind of Insurance Company Participation Comprehensive General Liability - Including automobile St. Paul Fire & Marine Ins. Co. 100% From: 8-5-71 To: Policy Issue Limits of Liability and Conditions Comprehensive General Liability:. Includes premises-operation, Independent Contractors, Completed Op .erations, Contractual Liability. 100,000· each person Bodily Injury Liability 300,000. each occurrence Bodily Injury Liability 300,000. aggregate Bodily Injury Liability 100,000 o each occurrence Property Damage Liability 100,000o aggregate Property Damage Liability Comprehensive Automobile Liability: Includes Owned, non-owned & Hired Cars 100,000o each person Bodily Injury Liability 300,000. each occurrence Bodily Injury Liability 100,000. each occurrence Property Damage Liability cc: City of Okeechobee, P.O.Box 126, Okeechobee, Fla. 33472 This document is intended for use as evidence that insurance described above has been effected, against which underwriters Nabers, Crane & Slyer, Into certificate or policy will be duly issued. Immediate advice must be givenofanydiscrepancies, inaccuraciesornecessarychanges. ~ ~ ~ 8-5-71 By ............. x. : ....... ................................... AUDLEY COUNCILME~ DONALD L. I~URK. PRIES. COUNCIL E.H. HUNT J. EDWARD CURREN. C~T¥ ATTORNEY CHARLES L. BRELAND C. A. THOMAS, CHIEFOF POLICE RUSSELL V. DOMER EDWARD W. DOUGLAS CITY OF OKEECHOBEE LORENA SPIVEY. CITY CLERK OKEECHOBEE, FLORIDA 33472 Au$~st ~, 1971 Mr. C. R. ~¢kner The City of Okeechobee hereby accepts posting of Cashier's Check No. ~101 issued by the First Bank of Immokaleej as Performance Bond under the conduction of Franchise (OkeAirCo) pending substitution by Surety Bond. Cashier's Check No. ~lO1 in the amount of $1,000.00. CITY OF OKEECHOBEE BY: Lorena City Clerk The Council approved the following dates for regular Council Meetings: Au~t .]9, 1971 ~' NSv'ember 9, 1971 September '~, 1971 December 7, 1971 "~ ' ' October 5, 1971 __~ The monthly fi're report for June was presented by the Fire Department. ~ The monthly water and street report for June was presented by Supt. Fortner. Attorney Currem explained the Florida State Statutes 167.231 goverr~ing Utility Tax. The opirfi, on of Attorney Curren was that Churches are not exempt from paying the Utility Tax, therefore the Council requested the Attorney to advise by letter each utility company that churches are not exempt from paying the ta:: and they should recommence tax. Supt. Fortner presented prices on copy machines. ~urchase price of Savin Machine #1,32~.OO ~ and Xerox $[~,~OO.OO. MatTer postponed to J~ly 2Oth meeting. Attorney Conely and W. C. Sherman were present in regards to Petition previously filed to close certain streets and alleys in Central Park Subdivision and City of Okeechobee. Matter d~scussed a~d action postyoned to July 2Oth meeting, at which time plans will be discussed in detail. President Burk oresented plans and specifications from Department of Transportation on traffic signal at intersection of State Road 70 and Riverview Drive. After discussion the Council bid instructed Attorney Curren to prepare legal/advertisement for complete system including material and i~stallation. CITY OF OKEECHOBEE, FLORIDA NOTICE OF LETTING INVITATION TO BID Sealed bids will be received by the City of Council of the City of Okee- chobee, Florida, at City Hall, until 8:00 P. M., August 10, 1971, at which time the bids duly submitted will be opened and read, for furnishing all labor, equip- ment and materials necessary to install complete Traffic Signalization at State Road 70 and Riv~rview Drive, in the City of Okeechobee, in accordance with Department of Transportation Signalization Plan and Bill of Mmterials on file at the City Hall. The intent of the plans and bill of materials is to prescribe complete traffic signalization cf that location according to DOT requirements which the contractor will undertake to do in full compliance with the plans, bill of materials, DOT special provisions, proposal and contract. The Contractor shall do all work including such additional, extra, and inci~]ental work as may be considered necessary to complete the project, in a satisfactory and acceptable manner, as pro~ided in the plans, proposal and contract. Bidders must satisfy themselves, by personal exam- ination of location of the proposed installation, and by such other means as they may prefer, as to the actual conditions and requirements of the project. Bidder shall agree to ~urn~sh, deliver and install said signalization equip- ment, including all compon~tparts and accessories, and make all necessary and proper tests to place said signalization equipment in full operation and completely functional. The City of Okeechobee reserves the right to reject any or all bids or to accept the proposal deemed most advantageous to the City. Dated July 6, 1971 Donald L. Burk Donald L. Burk President of City Council ATTEST: LOrena Spivey City of Okeechobee, Florida City Clerk ~IBLISH: July l~, 2~, 1971 THE.~ OKEECHOBEE ~TEWS Attorney Ourren reported that the Board of Adjustment met on Petition of .~s. Betty Everrett.. and the Board of Adjustment recommends to the City Council that the special acception as to Lots ~ and 6, Block 1, Royal Oak Addition be confirmed upon the voluntary abandoment by .Mrs. E~errett of any special acception regsrding Lots 3 and h, B!k. !, Royal Oak Addittion, permitting the development thc d~;-elopme, nto~ a trav~! trailer park on Lots 5 and 6 as teDative!y approved by the State Board of Health mud accepting volur~tary agreement to use Lots 3 and ~ as Commercial and move trailer from it. The official acceptanc~ by the Council was postponed upon recommendation of Mayor Dunham. Matter table~ for further study. Upon motion the Council adjourned to meet Tuesday, July 20, 1971 at 7:00 P. M. ~ PRESIDENT CITY COUNCIL ATTEST: ~ ~ ~ - ~ITY CLERK ~ f July 20, 1971 Th~ City Council. of the City of 0keechobee, Florida met in regular adjourned session at the City Hall on the above date at 7:00 P. M. with the following present: M~gyor Dunham, President Burk, Counci2i~an Brelandj Domer, Douglas and Hunt with Attorney Curren, Clerk Spivey, Deputy Clerk Bennett and Superi,tendent Fortner. President Burk ,opened the meeting with prayer. Don Osha, Cons,~lting Engineer was ~es~nt discussing the postponement of bid acceptance for the cons~.ruction of water main and storage tank until Auga~st 10th, 1971 at 7:1~ P. M. due to the location of i~ower lines in the vicinity of the proposed storage tank, recommending that the storage tank be erec+ed at the north edge of the parcel of land. The Council was in agreement with recommend- ation. ~. ~sha also requested the Council to meet. with him in workshop session regarding the prel-!minary schedule on water and sewer rate increase. ~e Council agreed to meet in workshop session August 3, 1971 at 6:00 P. M. Th~ Fire Department presented six mont~s fire report. for the Council's consideration Supt. Fortner submitted/specifications and p_~ices on trailer mounted sewer cleaning machines fror: the following companies: Rockwell Mmnu facturing Company $8,000. O0 O'Brien Manufacturing Company 6,315.00 (Less credit of $300.00 for work performed) ~. F. Mmson ~l%uipment Company 6,576.00 Supt. Fortner recommended the Rockwell machine with 500 feet of hose. No action taken matter to be studied further. Supt. Fortner reported that the sewer plant operator~ Douglas L. Holden, Sr. had been awarded by tb~ State cf Florida his Class "C" CertiCicate in sewer treatment plant operation. Supt. Fortner stated a request for water line extension to Lots 9 and 10, Block 6, South- west Additio~ an approximate distance of 500 feet to nearest water mmin. Mmtter referred to Water Chairman H~nt and Supt. Fortner for further investigation and report August 10th. ~pt. Fortner also reported a request from Roy Gilchrist for water line extension on Cypress Street and Avenue A in Douglas Park ~bdivisicn for two apartments, 1 inch meter on Cypress Street requiring approximately hO feet of ? inch pipe, approximate cost $~2~.00. A l~ inch meter on Avenue A r~quiring approximately ll0 feet of pipe, approximately Cost $360.00. M~. Gilchrist felt this to be a~ excessive amount and requested the Council to consider an adjustment. Matter referred to Water Committee Chairman Hunt and Supt. Fortner for investigation and recommendation. A discussion was heard regarding trash piled on streets and not being picked up. Supt. Fortner reported tha+. L. P. Sanitation had not picked up the city trash. The Council requested Mayor ~nham to contact M~. Waldron regarding the city's pickup. The Clerk was instructed to request ~. Wa!dron to at+,end the August 3 Council meeting. A letter was read from Charles Royal regarding several details that needed to be worked out on the sewer pumping station at ~orth Shore Shopping Plaza requesting the Council's indu].gence for ~'/'