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1971-07-20 Regular Adjourned Upon motion the Council adjourned to meet Tuesday, July 20, 1971 at ?:O0 P. M. -- PRESIDENT CITY COUNCIL July 20, 1971 Th,.:, City Council. of the City of Okeechcbee, Florida met in regular adjourned session at ~he Ci+;y Ha? on the above date at 7:00 P. M. with the fo!lo, rig present: M~or ~nham, ~esident Burk, Counai~n Br~land, Domer, Douglas and Hunt ~th Attorney C~ren, Clerk ~ivey, Deputy Clerk Bennett and ~.lpe,~ ~tendent Fortner. Pr~siden't Burk opened th~ meeting wf. th Do~% Osha, Consulting En~neer was present, discussing the postponement of bid acceptance for ~.he cons'~aetion of water main and storage ~,arJ~ until Aug~lst loth, 1971 at 7:1~ P. M. due to the location of [~owe~ lines in the ~cin~ty of the proposed storage tank, reco~ending that the storage ~ank be erect'ed at t~he nort}~ edge of the parcel, of land. ~e Council was in a~eement ~th reco~end- atica!. >~. Osha also requested the Council to meet ~th him in workshop session reg~Sing the p~-e]'~ ~H. na~ =;chedule on water and sewer rate increase. ~e Council a~eed to meet in workshop session Angst 3, 1971 at 6:00 P. M. Th,', ~_re Department, presented six mont~ fire report. for the Council's consideration Su]35. Fortner submitted/specifications and prices on trailer mo,~%e'd sewer cleaning ~chines fro~: the follo~_ng eo~anies: Ro~e].]. }~nu facturing Company $8,000. O0 O'~ien ~nufacturing Co,any 6,31~.00 (Less cre~% of $300.00 for work performed) H. F. Mason ~uipment Co~a~ 6,~76.00 ~p%. Fortner reco~ended the Roc~el! tactine ~th ~00 feet of hose. No action t~en matter to be s+,udied furt%er. Sul~t. Fortner reported the+, the sewer plant operator, Douglas L. Holden, Sr. had been awarded by t~e Si, ate of ~orida his Class "C" Certificate in sewer treatment plant operation. Supt. Fortner stated a request for water line extension to Lots 9 and 10, Block 6, South- west Addition: an approximate distance of ~00 feet to ne~est water mmic. Fmtter referred to Water Chair~n Hmn~ and ~pt. Fortner for f~ther investigation and r~ort Au~st 10th. ~]I3t. Fortner also reported a request from Roy Gilchrist for water line extension on C~ress Street and Avenue A in Douglas Park ~lbdi~sicn for two apa~,me~ts. ! inch me+.er on C~ress Street raq~.~iring approxi~tely ~O feet of P inch pipe, approximate cos% $?~.00. A !~ inch meter on Avenue A requiring ~proxi~ely 110 fee5 of pipe, approxi~te/V cost $360.00. Mm. Gilchris% felt this to be ar excessive ~unt and requested the Council to consider an adjustment. ~tter referred to Water Co~atttee ~ai~ H~% and Supt. Fortner for investigation and recom, mendation. A ~'{[scussdon was heard regar~ng trash piled on s+,reets and not being picked up. Fortner r~portad +~h.~+ !.. P. ~nitation had not pinked up the city trash. The Council requested ~yor ~/nham to contact Mr. Wa]dron regarding the city's pic~p. ~e Clerk was instructed %o request ~. Wa].dron %o a~hend %be Au~lst 3 Council meeting. A letter was read from Charles Royal regardJ, ng several details that needed to be worked out on the sewer p~ing station a~, ~orth ~ore Shopping Plaza requesting the Council's indulgence for a couple of weeks umti! all responsible parties can meet and go into this matter in further detail. The Council was in accord with Mr. Royal's request. Attorney Curren requested to investigate if the city should carry insurance on Building Official automobile to insure the city while ~~i~.~ he is performing city business. Mr. Spray advised that he had his own personal insurance on vehicle. Also Mr. Spray asked if he should be bonded. It. was the Council's opinion that he would be covered under the blanket bond of the City. Council.s=mu Domer reported a request from Volunteer Fire Department to relocate and build a better bar-b-q pdt. The Council had no objection but advised that, the relocation be clear of water ta~ operate.on. ne Council ~nstructe~ the Clerk to write a letter to the Board of County Commissioners e:q~ressing their appreciation for their interest and anticipated contribution on the proposed signal device to be installed at the intersection of State Road 70 and Riverview Drive. B~'~lS~.ng Official Spray requested a copy of all plans on city contract work. Councilman Demer moved to lease p~mrchase the Savio Copy Machine at a cost of $1,32,~.00, also approved $1~,a.~0 per year ser-~ice agreement,, seconSed by Councilman Breland and unanimously carried. A s~.ggested monthly payment of $175.O0 for a six months period then balance in full. Lease Purchased from Davis and Valente Office Supply and Fquipment of Riviera Beach. Attorney Conely and W. C. Sherman were present reg.~ding a request to vacate certain streets and alleys as described in Petition recorded in June 8th, 1971 minutes, presenting Agreement for Council's consideration. A~ter a deta.~l discussion Co~mcilman Douglas moved to accept the AgreemeDt and provide for execution seconded by Councilmmn Domer and carried. AGREEMENT THIS AGREEMENT entered into this 20th day of July, 1971, by and b~twee~ LEE ANITA ??S~MAN and ROSCOE LO~RY MARKHAM, ,?R. as Trustees, herein~ff er r~ferred to as F~rst Party, and THE CTTY OF 0KEECHOBEE, ~V.ORZDA, a municipal corporation, hereinafter referred to ~s Second Party; WITNESSETH: WHF~EAS, First Party has duly presented a petition to Second Party requestir~g th-~t certain streets and alleys in Central Park and in the City of Okeechobee, be vacated, a copy of sai~ petition beirg attached hereto and marked Exhibit "A"; and ~ERF, AS, Second Party has expressed concern about that certain sewer !i~:e r~'ming do~m Second Street, being one of the streets sought to be vacated; and WHEREAS, First Party has represented to Second Party that a purchaser is '~illi~g and able to purchase lands owned by First Party' in the area where the streets and alleys are to be vacated; and WHEREAS, a ¢ond~.tion for said purchase has been that First Party vacate said streets and alleys hereinbefore set forth; and WHF~REAS, First Party has represented to the Second Party that the prospective purchaser intends to construct an extensive housing development en the property to be purchased, but in order to obtain the proper financing for said construction project all lands must be contiguous; and ~HEREAS, Firs+, Party must obtain rezonJ, ng of the property in order to allow the construction of the housing project contel.plated b.~f th~ purchaser. Now, +,here%r% i~ is agreed by and b+~tween the parties as follows: 1. Second Party will vacate the streets and alleys set forth in !he petition, reserxdng however an easement of ?0 feet in width over and ~,~ross Secon~ Street as set forth in the Plat of Central Park. It being u~uders~ood that the easement, hereby reserved is for the purpose of main- raining the sewer line presently located ~pon said strip of land. 2. That First Party attaches hereto a Rededication of said streets ~nd alleys. The condition upon the Rededieation being that in the event the sale to the prospective purchaser does not take place and the sub- sequent, construction of the housing project not initiated ,~hin an eighteen (18) month period fro.~ the ~at= of t, hJ,s agreement then. the Eededication shall be binding upon ~.rst Party' and the streets and alleys vncated hereby shall be Rededicated to Second Party. IN %,fITNESS WHEREOF, the parties have hereunto set, their hands and seals the day and year first above ~n~tten. Lee Anita Sherman (SEAT,) IFrTNESS: Lee Anita Sherman Robert Ingersoll ®om W. Conely Roscoe Lowry P~rkham (SEAL) As to First Party Roscoe I,owry ~rkham CITY OF OKEECHOBEE, FLORIDA J. Edward Curren BY Donald Bunk r~wsrd W. Douglas~ D.C. ATTEST Iorena ~ive~ Councilman Domer moved to vacate those streets and alleys recited in the Petition which was duly published and hearing held thereon on June 8, 1971, from which meeting the Co~mcil postponed consideration for due study and after full consideration the petition was approved and the streets and alleys vacated subject to a sewer main easement, on Second Street, presenting the following R~so!~+don rer adoption ~nd ~yon being seconded by Cou,cilman Douglas was put to a vote and carried. Courci!~an P~e!and did not vote. RESOLUTION WHEREAS, Lee Anita Sherman and Roscoe Lowry Mmrkham, Jr. as Trustee% h~ve made application that, 6he following streets and-alleys be vacated: That part of .Cherokee Street lying North of Third Street; that, part of Cherokee Street. lying South of Third Street; ±hat part of Tallahassee Street, lying South of Third Street; the+, par+, o~ Second Street lying between Tal!ahassee Street and Hiwassee Street; that part of Hiwassee Street lying South of Second Street; and the alleys in Blocks H, I, M, L, and K, all in Central Park Subdivision, according to plat thereof record, ed in Plat Book 2, page 39, public records of Okeechobee County, Florida. ALSO that part, of Cherokee Street lying South of Fourth street in the City of Okeechobee, according to plat thereof recorded in Plat Book 2, page 17, public records of St. Lucie County, Florida. I .... I 1 ..... ql' I" AND WHFREAS, th~ said Lee Anita Sherman and Roscoe Lowry Markham, Jr., have filed Proof of Notice of Application to vacate said streets and alleys, and i+, having been shown that petitioners are the fee simple owners of the property lying adjacent. ~o said streets and alleys; and that all City and County Tax, es on ~,h~ property lying adjacent to said streets and alleys have been paid; THERF~ORE, BE IT RESOLVED by the City Council of the City of Okeechobee, Florida, that the above streets and alleys be vacated, saving and reserving however unto +.h~ City of Okeechobee, an Fmsement of 70 fee+ in width over and across that part of Second Street above described. PASSED AND ADOPTED in regular adjourned session convened this 20 ~9~I. day of July, DONALD BURK Chairman, City Counci'l of the City of Okeechobee, Florida W. C. Sherran requested a letter stating that water and sewer service is available TO THE PROPF.RTY DESCRIBED ~N THE ABOVE Resolution. The Council granted request. Councilman Hunt moved to approve Department of Transportation Utility Agreement authorizing +.,he proper ~)fficials to execute same, presenting the following Resolution and moved it;s adoption and upon beir~g seconded by Councilman Douglas was put to a vote and unanimously adopted: CITY RESOLUTION UTILITY INDEMNIFICATION AGREFJ~ENT COL~NTY SECTION UTIIJTY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL 91 ~30 6628 Ckeechobee Ave. Okeechobee & 15th Street A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES A&RE~NT FOR THE ADJUS~ENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT- OF-WAY L!~,!7TS HFiRFAFT~R DESCRIBED, AND PROVID/NG ~4EN THIS RESOLUTION SHALL TAKE EFFECT. WHFllEAS, proposes to construct or reconstruct a part of S~a+,e Road Okeechobee Ave. and st., AND '~{EREA~, to further and complete said project, it is necessary that certain utilities and/or £aci!it~ es wi~h~ n be adjusted, changed or relocated, AND WHFiREAS, the State of Florida Department of Transportation having requested the City of .O..keec.hobee, Florida, to execute and deliver to the State of Florida Department~ of Transportation a utilities Agreement, sgreeing to make or cause to be m~de such adjustments, changes or relocations of said utilities and/or facilities as s+~ ~u+, in ~aid Agreement, and said request having been duly considered, NOW THF~,EFORE, BE IT RESOLVED by the CITY COUNCIL of the City of Okeechobee' be and f,hey are hereby authorized and directed to make, execute and deliver to tb~ Stat~ of Florida Department of Transportation a Utilities Agreement For the adjustment, change or relocation of certain utilities within the Right-of- Way limits of said State Road 0keecbhoee Ave. & 15th St. Section 91530-362_8~ ; BE IT ~3R~ RESOLVE~D that a cert~ fled copy of this Resolution be forwarded to the State of mlorida Department of Transportation at Tallahassee, Florida. Upon notion the Co,moil adjourned. PRESIDENT CITY COUNCIL ATTEST: August 3, 1971 The City Council of the City of Okeechobee, Florida, met in workshop session at 6:00 P. M. on the above date at the City Hall with the following present: President Burk, Councilman Domer, Douglas and Hunt with Attorney Curren, Clerk Spivey and Supt. Fortner. President Burk opened the meeting with prayer by Councilman Douglas. A letter was received from C. R. Buckner, president of OkeAirCo, Inc. stating their acceptance of the Cablevision Ordinance Franchise Agreement to build and operate a cablevision system in the City of Okeechobee, accepting the terms and conditions as set forth in the complete Franchise Ordinance passed and signed by the City Council on the 6th day of July, 1971. Also stating that the liability insurance and performance bond coverage was ordered and being processed by Insurance Firm of Nabers, Cranc e and Sivers of St. Petersburg. Attorney Curren advised that the performance bond would have to be in the city's possession by August 5, 1971. Don Osha, Consulting Engineer was present submitting a report for the Council's study on water and sewer rate comparison with other cities, proposed water and sewer rate schedule, flow of funds and financial analysis. After a detail discussion the Council agreed to submit the proposed rate schedule to F. H. A. for their approval. Supt. Fortner presented existing rate for water tappage fees and a cost schedule on various size of meter installation. Councilman Hunt recommended that the report be studied by the Council. The Council requested Supt. Fortner to prepare schedule on existing water deposits. Tare Waldron of L. P. Sanitation was present as requested by the Council, for discussion on trash hauling. Mr. Waldron stated that some of the people had cooperated and paid to have their trash removed and others refused to pay, therefore he had not removed their trash. After detail discussion and in view of the trash situation in the city the Council decided to enter into a cLty wide cleanup program and employ Mr. Waldron to pickup all trash for one month. Councilman Douglas discussed a street department matter, suggesting that the Council get someone to head up the depaetment under Supt. Fortner's supervision. Also discussed by S~pt. Fortner with the Council the possibility of creating a Director of Public Works. Matter to be discussed further at August 10th meeting. Mayor Dunham discussed with the Council a matter concerning dogs belonging to Ardell Breland. Also Mayor Dunham discussed the possibility of the city organizing to hold jury trials. - Mayor and Attorney to get facts on the requirements of developing a jury system. Attorney Curren reported that the next phase in the Refunding Bonds program is the publication~ of notice of sale of bonds which was to be advertized in August 12th Okeechobee News. NOTICE OF SALE Sealed proposals will be received by the City of Okeechobee, Florida, at the City Hall until 1:oo P. M. EDST, Tuesday, August 22, 1971, for the purchase of all, but not less than all, of $480,500 City of Okeechobee General Obligation