1972-05-23 Recessed1_456
May 16, 1972
~l~e City Counc±l of the City of Okeechobee, Florida met. in recessed workshop session at
6:30 P. ~. om_ tb~ ab~v~ ~at~ at, Ci+,y Ha].] with +,b~ ~ol]~win~ preset+,: President, Donald I,. Burk,
C~ncilmen Char]es L. Breland~ Russell V. Domer~ ~ward
E~ard Curr~, Clerk Lnre~ ~ivey and Building Official Richard B. ~oray.
A discussion ~ OkeAirCo Franchise and Resolution was heard. Attorney C~ren ad~sed it
would meet F. G. C. s~,andards.
have wordin~ the same as ~c,~t~ Franchise and have co~].ete
Attorney Curren discussed Revenue Sharing Fund Program cal3ing to the Councils attention the
Police Sgandards requireme~ts~ which is an e~fort ~o up~ade all Police O~icers in the S6age o~ ~_orida~
rocommending th~ adoptio~
a~+.h~i~.ed At,+,or~ey Curr~n to preoar~ Resolution.
Attorney Curre~ ad~sed the Validation Proceedings on $h80,~00.00 Water and Sewer Bonds
i~ to b~ h~]d M~y 26, ~97~
Dnmor +,o a*~t, ond.
execu6ed
Attorney Cu,re~ repot+ed that the River Lake Estates~ Inc./A~eement had been received.
Th~ Cm~cil authorized the Cl~rk to pre~a~
f~- a~ro~al May 2~rd meeting.
Building Ofricia] Spray discussed with the Council. demnl~.~.on proceedings. Attorney ~rren
~d~.s~d *h,+. the r~le~ and
a~hori~d t,h~ propa~a.~,i~n
The +~-¢~ .......of ore, ce for members of Board
f~r di~p~a~ of do~s when
m~ti_n~ a~d rea~s't' Tav~ Waldro~'
~o Cmmci] a~d +,hat +.b~ Ordi~anc~ ahan~n~ the Chief of Police from being elected to
bein~ appointed ~hou!q ~tat~, t,o s~rve until successor is appointed and qualified. Section ~31 i.n Charte~.
A Street, li ~hf, ~h~ reque~ was r~pnr+~d on Tsylow Sf, r~t, in Ok~echobee ~s%at;e~ near Ernest
Evan~ ~=ide,c~. I~e~ue~+ +~ be inv~*,i~af, ed.
~e Boi].ain~ OfFicial weekly e~ense al]nwance adjus6ment to be regro-ac6iue 6o March lb, 197~
'~e Council authorized a salary adjustmenk in accordance with budget for Deputy Clerk Bennett.
~e C°unci] adj°l~rned +'° meet in recessert ~essi°n °n May 2~' 1972 at 6:30 P' ~ {
P~SID~T CITY COI~CIL
A TTES T:
~ ~Sty Coune~l
o~ gh~ abo~e date ~g the
mort Cha~le~ L. B~3and~ ~us~ell V. Dome~ and Edward ~. Dou~Sas ~i*,h ~t~o~ne~ J. E~ard Cu~en~ ¢ie~k
Ln~na ~Suoy~ DS~oetor og ~blSe
Presid~n+, Pro-P~,m Hunt, ooened the m~etin~ with prayer
1457
Pu~sua. nt to not~ee publ5 ~hed in +.bp Okeechobee News regarding a public hearing to consider
rezoning Lot. ~, Block 119, Ori.~in,,-~l Town of Okeechobee from Residential (R-l) to Residential (R-2),
President Pr,,-Tem Hunt aske~ ~.f +here were any objections to the requested rezo~ng. V. M. Britton
adjo~nin~ prooerty owner was present voicing his objection to ~.be rezo~ng. Also written objections
was received in a letter si~ned by Jack P~ge, Jean R. Pai~e, Dorothy Mc Cain and Lois H. Rauterson
property own~,s, and a ~itten objection was received From V. M. Britton. Attorney Curren e~lained
the ru]_e~ and reyulations ~overning rezo~ng. ~ter discussion Councilman Domer moved to reject the
reouest to r~zon~ L~t ~, Block 119, ~i_~ina] Town ~f Oko~chobee fr~m R~sid~ntial (R-l) to ~sidential
(R-2) second~d by Counc~ lman Douglas and carried.
~rsuan~. +o notic~ published ~n ~,he Ok~echob~ News regarinE a public hearinE to consider
re~.oninE Lot 13~ Block 163~ Ori~nal To~ of Okeechobee from Residential (R-2) to Co~ercial, President
Pro-Tern Hunt asked if there were a~v bojections to the requested rezoning. No objection was heard or
file~. ~e ~ th~ property ha~ng be~n ~d ~n a commercial category for a n~mber of years, Co~]ncilman
Domer move~ +~o ~ant re~nest and ~ezo,a tb~ above described property from Residential (R-2) to
Co~=rcia]~ n-e~ntin~~ . tbe fo]].~wip~ Ordinance and moved its adootion~ and ~]onp. b~ing, secoDded by
Cn~nci]maD Br.~land was p~]t to a vote and unanimously adopted:
O~IN~CE NO. 27].- (75)
ORDIN~OE ~ENDIN~ ORDIN~OE NO. 271~ BEING ~ O~OE EST~LIS~NO
ZONING I~LATIONS FOR T~ OI~ OF OKEE~.{OBEE, ~ORIDA~ ~D PROVIDING
FOR THE ~MINS~ATION~ E~ORO~,~NT AI~ ~MENT T~OF PURSUIT TO
T~ PRO~SIONS OF OH~T~ 176, FLORIDA STATUTES~ 19~3.
~S, application has been made by Taro Waldron~ requesting this Council
t~ rez~o e~om ~esi. a~ntial. (t-2) to Oommereial Lot 13, Block 163, Ori~nal To'~n
of Okeechobee~ and
~E~S~ notice of intention to amend City Zoning Ordinance No. 271.,
re~zard5, n% said application was duly publi~hod according to !aw~ and
~S~ on the 23rd day of May 1972, a public hearing was held in the
Cit7 Council room pursuant to said notice, and
~2EAS, it is deemed to the best, interest of the City of Okeechobee to
~mnt said appl_icationl now therefore
BE IT O~AINED BY THE OI~ COI~CI~ OF T~ CITY OF OKEEOHOBEE, FLORIDA:
SECTION 1. ~at, Lot l_t~ Block 163, Original Town of Okeechobee~ be
and is hereby rezoned from Resident, iai (R-2) to Oo~evcial~ effoetive May 23~ t.972.
SECTION 2. '~a+~ ~he apolication request, lng rozoning and proof of publication
to amend Zopi~g Ordinance No. 271 published in connection with the above application
be attached 6o %his Ordinance and become a par~ hereof.
SECTION 3. ~at the 0ity Clerk make ~he appropriate change on the City Zo~ng
MaG in accordance with this ~dinance.
PASS~ A~ ~OP~ this 23rd day of May~ 1.972.
E. H. Hunt
P~SID~T PRO-T~ CITY COUNCIL
ATTEST: Lorena ~iveM
CI~ ~ERK
~P2OV~ BY ME ~IS 23rd DAY ~F MAY~ 1972.
Audle~ Dunham
MAYOR
The Council agr. e~d to investigate the location of a request for a street light from Ray
Mu]li.~ a+. his property corner of Cherokee Street and Eleventh Street.
Don S]~epperd~ En;~ineer was present presenting bid tabulation and recommendation on bids
received May 0, 1072 for Water Treatment Plant Improvements, Contract #70-1OO6A as per the following
].~tter:
Honorable M nd City Commission
City of Okeechobee
Pos+, Office Bo× ]26
Okeechobee, Florida 33h72
R~: Bids for Water Treatment Plant Improvements - Contract No. 70-1006A
~ent!~men:
%~e have completed our review of the bids for the above contract received
May 9~ 1972~ and for which a tabulation of said bids was furnished the City,
Farmer~ Home Adminstration~ and pro..~pective contractors under letter from
this office dated May 17, 1972 (copy attached).
..
Of the nine (9) contractors who obtained plans and specifications, only three
(3) submit+ed bids. Of the three (3) submittals, Orton Construction Company
· t-"
did not, execute the FHA-hO0-6 "Compliance Statemen, . As indiciated in Item 8,
"Notice and Instructions to Bidders" and the Bidders "Proposal", this item was :
mandatory and, subject to the opinion of the City Attorney, it is our opinion
that ~.his bid must, be excluded from consideration as tn contract award.
The minimum award resultiu~ in a co~letely functional plant addition would be
+.he base b4 d plus Additive Alternate No. 1~ and on this basis the bid for
cousiderat~ on would be as follows:
Low - Big Four Construction $333,960.20
2nd - Tech Corporation 338,600.00
3rd - Orton Construction Co. 339,000.00 , ~-~
The base bids considerably exceeded our preliminary cost estimates and we have
discussed +he project both with the contractors involved and the equipment
manufacture.s. The excess costs are in the piping, dewatering and excavation~ ~.,,
concrete work and sub-contract items, all of which involve a great deal of
labor and +.heir ever increasing cost.
The 120 day firm bid involves at least a ten percent (10~) cushion, location
is involved, travel *.+me, overtime, etc and the contractors are very concerned
about working near the existing pi. ant and +,his concern is reflected in their
bid prices. We further investigated partial redesign in an attempt to elimina.%e
some of the high cost items. This would have increased the cost of and/or re-
quired the addition of additional bid items resulting in a higher base bid for
a usable facility.
It is therefore our recommedation that if funds are not, available, the City seek
sdditional Dinancing such that the contract can be awarded to the Iow bidder for
the base b~ d pl~s additive alternate No. 1 as a minimum.
We strongly recommed that if additional financing is required, the possibility
of awarding, a contract including all of the alternates be considered.
This would provide the City with a new operations and control building and two
(2) water plants capable of completely independent operation and also allow for
the early retirement, of the existing ntixing, settling basin and chemical fedders
in accordar~ce with the long range piano. This is~ in our opinion~ to be in +,he
best interest of the City.
Very truly yours,
BROCKWAY, O%~ & ANDERSON
ENGINEERS, INCORPORATED
D~nald M. Shepherd
Encls: Bid Tabu!a.t~n~
After d~scussion and consideration the Council a~reed to study matter further and a.%reed
to meet. in workshop session as soon as a meeting can be arranged with En=~ineer Shepherd and
representatives of Farmer.~ Home Adminstration to discuss Financing.
En~ineer Don Shepherd also reported that the sewer survey was bein~ compiled and should be
ready soon. The Council requested an estimate fio~ure as soon as possible.
Attorney Curren read Resolution and urged its adoptio~ in compliance with State require-
~n+.s of Revenue Sharing Act of 1972. Councilman Bre]and presented the following Resolution and
moved it, s adoption and upon being seconded by C~u.ncl]_mar Domer wa~o put to a vote and adopted:
RESOLUTION
WH~{EAS, the Florida Legislature has passed an act known as the REVENUE
S}~ARING ACT OF 197~, and
WHEREAS~ to be eli~.ble to participate in revenue sharing and receive
f~,nds on the basi? of distribution by formula in fdsca] year 1972-73 and
±.hereafters. municipalities are required to meet taxing: employment and
r~[sortin~ criteria set forth in Florida Statute 218.23, and
~fHEREAS, the City of Oke~chobee, Florida, presently meets all of the
es ~entia! criteria for revenue sharing as set forth in said statute, but
less
neVerthe/ desires to cert.ify its adoption of certain of the requirements
s~t forth therein:
NOW, THm~EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OK EECHOBEE, ~bORIDA:
]. All persons employed by the City of Okeechobee as police officers
a.~ d~fined in Section 23.061(1)~ FlorJ. da Statutes, must meet the qualifications
fo~ emp]%v~en'~, a~ estab]_~shed by +,he police standards council.
o The salary structure and salary plans for police officers meet the
provisions of part IV of chapter 23, Florida Statutes; and by this Resolution
n~wly created ~ec+.~on 2~.078~ Florida Statutes, providing a salary incentive program
for local law enforcement, office~s, i~ hereby adopted and implemented.
q. No person employed by the City of Okeechobee as a police officer shall
b~ compep?ated for his services at an annual salary rate of less then six thousand
dollars. Should any salary rate adjustments be necessary to effectuate this basic
compensation determinatiop, the adjustment shall be made effective for the weekly
p~y period coinciding with the passage of this resolution, and the annual minimum
sala~ rate period shall commence on the be~nning date of that pay week.
h. It, is the intention of the City of Okeechobe~. t.o f~lly comply and to
centinue to comply with the annual financial reporting to the department of
a~mini~tration in accordance with the forms and methods prescribed by the
r~!es of that, department pursuant to section 216.111~ Florida Statutes.
~. The City of Okeechobee has made provisions for annual post audits in
accordance wi~h sec,,ion 167.611, Florida. Statutes.
6. The City of Okeechobee meets the revenue sharing requirement of ad
valorem taxation and can certify that. it does assess ad valorem taxes, exculsive
of' ta~es levied for debt service or other special millages authorized by the
vr~ters, at a millage rate not less than three mills on the dollar.
7. This Resolution shall take effect immediately upon its passage.
DONE, RESOLVED, PASSED and made effective the 23rd day of May, 1972, at a
Re.:~u/ar Adjourned Meeting of the City Council of the City of Okeechobee, Florida.
ATTEST: Lorena Spivey E.H. Hunt
City Clerk President Pro-tempore of the City Council
.... of the Cit.y of Okeechobee~ Florida
Pursuar~. +,~ no±ices published in The Okeechobe~, News for the purpose of receiving bids
for th~ purchas~ of sizn ma±,~r~ a!s~ ~h~ fo]lnwing bid,~ were received. President Pro-Tern Hunt
requested Director of Public Works Forties ~o a~sist in %he b~d opem_ino~.
~{AFFIC SIGN FACES BID # ]. -
3M Company D.H. Smith
St. Paul, Minn. Pompano Beach, Fla.
EACH TOTAL EACH TOTAL
200 - 2h" "STOP" s~gn faces k.2~< 8~O.O0 )~,7~ 9~0.O0
50 - 18" x 2h" "SLOW CHILDREN"
sig~ faces 1.~ 72.50 2.2~ 112 .~0
SI~, POST AND HARDWARE BID # 2 -
MCCAIN SALES D.H. ~{ITH
FT. PIERCE, FLA. POMPANO BEACH~ FLA.
EACH TOTAL EACH TOTAL
600 - 2~" x 6" Blanks .69 I~1~.00 .68 ~08.00
2,:% - 30"x 6" Blanks .89 72.2~ .8,g 21.2~
2~ - 36" x 6" Blanks 1.02 2~.~0 1.01 2~.2~
2~ 12" x 18" Blanks 1.09 27.2~ 1.0] 2~.2~
2_g - 30" Triapgle Blanks 2.O5 51,2~< 1.93 h8.25
23r - 36" x 12" Blanks 2.0~ ,gl.2~ 2.00 ,gO.P0
25 - 2h" Square Blanks 2.67 66.75 2.6h 66.00
200 - 21~" Octagon Blanks 2.30 h60.O0 2.29 1~8.00
2~ - 36" Triangle Blanks 2,8~ 71.2~ 2.66 66.~0
2~ - ?~" ~ ~O" Blanks 3.29 82.2~ 3.32 83.00
?~ - ~0" Squs,~e Blank? 3.99 99.75 h.!O 102.50
q'O ~' 30" Octagon Blank~ ~.h9 17h.~O }~.10 20~.00
SUB TOTAL 1, 72h. 75 1,7 3h. 25
hO0 - 10' Round Gal. Post 3.hO 1,360.00 3.58 1,h32.00
~O0 - 10' Gal. Channel Post 3.90 1,560.OO h.h6 1.78h.O0
300 - 12' Round C~i. Post h.]2 1,236.00 5.35 1,605.00
~00 - ]2' Gal. Channel Post, 1~.80 !~[l.hO.OO h.16 1~2h8.00
SUB TOTAL 5,596.00 6,069.00
Delivery any t_~me 21 - 30 days shipping
Terms 1% - 10 days
300 - Cap and Cross for Round Post ] .~9 ~77.00 1.~g8 set ~7~.00
300 - Cap and Cro~ for Channel Pos±, !.~9 h77.00 1.63 set ~489.00
300 - Flat Si~n Bracket~,~ .69 207.00 .6~ set 19~.00
300 - 5/16 x 2" Bol±,s and Nuts .055 16.50 .10 set 30.00
300 - ~/16 x 3" Bolts and Nuts .067~ 20.2_g .1~ set ~.00
SUB TOTAL ............. 1,197.7~ 1,233.00,
2 - q5 Gal. ]Drums Stripper 3.75 Gal h12.50 5.~0 Gal.
]_ - Speed Rack 167.50 185.00
SUB TOTAL ............. -~
TOTAL $9,098.~0 $9,81~.2~
MCCAIN SALES D.H. SMITH
FT. PIERCE, PU_4. POMPANO BEACH, FLA.
RID TTI~M /~1 !,72h.7~ 1,732.25
BID ITE!i4 //2 5, ~96.OO 6,O69.00
ITEM #~ 1~97.7~ 1,233.O0
ITEI~ #h [80.00 779.00
9,09fl.S0 9,8zS.2S
S~I~VEET NAME SIGN FACE BID # 3
3M Co~;ark¥ is the only Bid that was ~eceived
1000 - Str~et Name Si~ Faces ';~ 1.26 each $1,260.00
6" vide, 2h throu!~h 36" lenghts
Cut Out Numbers - h", Series D @ 3.30 per pack of 2~
l~ Pack~ ~f N~mbers @ ~.3D )~9.~0
Cu.+, Ou+, L~*.~rs - h" Ser4~s D @ 3.30 per Pack of 2~
1 Pack each - A through Z
26 Packs Letters @ 3.,~0 8S.80
$1,39~. 3o
After disclosed, om Co,mci_Imam Breland moved t,o refer ~tudM of bids to workshop session, seconded by
Councilman D~,ug~].as ~nd carried.
Represen%ative~ of OkeAirCo Inc. C. R. Buckn~r and Attorney Woods were present. Attorney
Curren rpad Pesolnt~on. Councilman Domer.~r~m~'~d~ +,b~ followin~ Resol~tion setting~ for~h standards
-- and mov~,d ~ +.~' adon±.ion and upon be.in~ seconded by Connci2man Dong2.as was put to a robe and adopted:
R E S 0 I, 11 T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 0KEECHOBEE, Florida
as fo!3 ows:
WHEREAS~. the Ordinance Grantin~ to Ok~AirCo Inc., cable television of Okeechobee,
to operate a community an±0enna television system in the City of Okeechobee, Florida,
ae ~dopted by the ~overn~.ng body of e,b~e City of Okeechobee~ was passed on July 6, 1972., and
~i~REAS, +,be said OkeAirCo Inc. was not, in operation on March 31, 1972 at which ~d. me
new cable t, elevisio,n system re~!ations prom~]gated by the Federal Communicate. on? Commission
(FCC) became effective, ~nd
~,~[E~EAS, it is the desire of the governing body of the City of Okeechobee to aid
OkeAirCo Inc. in obtaining a Certificate of Compliance from the FCC, and in constructinq
and pu~ting ~pto operation the com~,nnity antenna television system aforesaid, and
W~IEREAS, it ix necessary to com?ly with S 76.31 Franchise Standards of the FCC Rules
and
IT IS HEREBY RESOLVED that the ordinance of July 6, 197_]. shall be modified as follows,
and that by this action the governing body of tb~ City of Okeechobee confirms its previons
- act~ on,~:* in respect to OkeAirCo Inc.'s franchise and recites the previous actions taken
by itself, to wit:
1. The !{overnin~ body, the City Council, sitting as a committee of the whole for
purp, os~ of obtainin~ a community antenna 'television system in the City of Okeechobee,
ha~ m~.+ wit. h rrpresentatives of no !ess +,ham e~ve co~oaine~ proposing t,o erect and
operate, such a ~ystem, said meetings having been held at different times over a period
of three (3) years at re~ularly s ahedu!ed and publicly armounced offic2.al meet2r.gs of
the Ci+~? Council.
2. Careful! consideration was ~iven to each proposal ~ubmitted, and each proponent
was afforded opp~tunity to di~ct~ss +,be merits of its offering, to uti]J ze legal counsel
and to oues+A on other proponents, ~aid opportunities constituting a ful]_ public
proceeding aff,rcmng due process, and each such offering was reported by representatives
of the n~ws media.
q. The go~rning body has determined that the proposal of OkeAirCo Inc. is
acceptable according to the terms of the Ordinance followinE.
li. OkeAirCo Inc. is foa~nd to be a legal person, incorporated under the laws of
Florida with its Articles of Incorporation being place on file on April 19, 1971,
by the Secretary ~f St a+.e.
g. The principal stockholder is Car]. R. Buckner of Immokalee, Florida whose
holdings amount +o 90 percent of the votinZ stock of the corporation, and his
oualifications a,, a pers',on e~wperienced in ~.bis field have been made known to the
~overp~n~ body a~d he has been accepted by the govern.in~ body as the controllin~
interest in OkeAirCo Inc.
6.'Dn~e financial oualifications~, of Carl R. Buckner have been acceoted~ by
the governing body, ba~ed on reports submitted at a p~blic meeting prior to July
6, ]_971.
7. The tec?lnJ_ca]_ qualifications of the french5 se bare similarly been accepted,
and it bas b~en Sonnd that +,ha proposed system is adequate to the needs of the
community and it is feasible to construct and operate the same according to terms
of the Ordinance set. forth below~ and that this acceptance by the %overning body
is baaed on data ~mapplied to it by OkeAirCo Inc. and
from other
This Reso]n4ion ~hal] +ak~ effect, immediateqy upon it~ passaEa.
DONE, RESOLVED and made effective
adjourned meetin;~ of the City Co~ncml, City of Oke~cbob~a, lormda.
E. H. Hunt
President Pro-tempore
ATTEST: City Council
Lorena Spivey City of Okeecbobee, Florida
City Clerk
Councilman Brelapd moved to adopt the amended OkeAirCo Inc. Franchise subject to final
wordin~ of Attorney Curren. seconded by Councilman Domer and carried.
Councilman Domer moved to authorize $3,000.00 payment-, in full to River Lake Estates, Inc. for
purchase of existin~ water lines installed in 1960 as per contract dated April 12, 1960 which consist
of the fol]owinff:items, ssconded by Councilman Breland and carried.
3310 fee+. h" Cast Iron P~rpe
lOlO feet 2" Galvanized Pipe
One (1) h" Valve & Box
One (1) 2" Valve & Box
12~ feet 1" Galvanized Pipe
Three (3) Fire Hydrants
Councilman Domer moved to authorize the purchase o.f materials needed to extend water into River
Lake Estates, Inc. in the appro×imate amount of $3,300.00 as per ~emorandum of April 2~, 1972,
seconded by Councilman Breland and carried.
water and
Director Fortner repo..~ted a reouest from W. C. Sherman for/sewer line extension in Central Park
moved
Subdivd. sion. Courcilman Domer/ to ~nstal] water and sow~r l~nes io Block J, Central Park Subdivision
at owners expense, and mo~y to be placed in escrow befor~ construction, seconded by Co. Douglas and
carried.
Mr. ~al].ace McCormick, Supervisor of Farmers Home Adminstration was present requesting
confirmation of o~iginal action taken by the Council May ~, 197].. Matter referred to Attorney Curren.
Director Fortner repo~te~] a water line leak ~mder curb in the island at intersection of
Eleventh Street had damaged the curb and needed to be replaced. Stating tbat Jimmie Belk would
reoair the curb, furnish material and labor for $12g.O0. Councilman Dou~,lao moved to authorize
Jimmie Belk to repair curb as stated above, seconded by Councilman Breland and carried.
Councilman Domer repo~ted fire tm~.ck siren was not working properly. After discussion Council-
man Domer ~oved to purchas~ new siren at a cost of$2~0.O0 seconded by Councilman Breland and carried.
Councilman Dome~ reno,ted the need of a new commode in ~'ail. The Council authorized getting
price on item.
Co~mcilman Breland reported a request from Mr. Patterson for shell in the alley in Block 168.
Matter referred to Directo-~ Fortn~r.
Es+,~mate N~. ~ was received from LaGrow Irritation Sys~.ems, Inc. in the amount of $6,80_~.77
~'nd recommended for n~a~n~ent by Brockway, Owen and Anderson, En~eers, Inc Councilman Breland
~.~ved to approve Estimate No. ~ and payment to be made upon approval of Farmers Home Administration
and +.o authorize +~ Clerk to +.ransfer the above amount of money ~rom the Cigarette Tax ~lnd to
WaC. er Works Improvement Proyram Fund, seconded by Councilman Douglas and carried.
C~u~ci]..man Br~]a~d moved ~.o author~.e +.he nurchase o~ a new adding machine ?or the Water
Department (in Clerk'~ Office~ at a cost off $2~g9.00 ~econde~ by Councilman Do~la~ and carried.
Attorney Curren read Resolution prepared by Bond Council and in compliance with city and state
requirements also promisso.~-y note in reference to interim financin~ of Water Improvement Program
through the Okeecbobee Co~nty Bank. After ~i~cussion Councilman Breland presented the following
R~so]ntion and moved its adoption and upon being seconded by Councilman Domer was put to a vote and
s~opted:
RESOLUTION
A RESOLUTIO~ AUTHORIZING THE CITY OF OKE~CHOBEE~ FLORIDA, TO BORROW, AS
AN INTERIM LOAN, NOT EICEEDING Shoo,o00, 10 INITIATE THE PROGRAM FOR ~{E
ACQUISITION~ CONSTRUCTION ~D EU~.ECTION OF FJfTi]~S[ONS AND IMPROVEMENTS TO
THE WATER D[STRIBUTION FACILITIES OF 'FFHE CITY,S WATER AND SEWER
TO ISSUE SAiD CI'Ff,S PROMISSORY N_rEO" ~ EVIDENCING SUCH INDEBTEDNESS: AND
TO PROVIDE FOR THE PAtT,~ENT THEREOF.
BE ~T ~ESOLVED BY THE CITY CO[INCIL OF THE CI'Ff OF OKEECHOBEE.. Florzda,' as eol.].ows:
SECTION 1. This Resolution is adopted pursuant to the provisions of
Sect.don 915.h31, Florida Statutes, and other applicable provisions of law.
SECTION 2. It, is hereby found, ascertained and determined that, the
C~ty of Okeechobee, Florida (hereinafter called the "City") has heretofore
b?? Ordinance No. 3~6, duly adopted on February 22, 1972, authorized the
acouistion~ co~s~,r~ction and ~ection of ex~nsions a~d ~rovements to
+,~ wa%~- distribution facilities of the City's water and ~ewer system
~Dd the issuance by. the Citv~ of no+ ~vn~odin~ $~00~000 ~ater and ~ewer
ReveDue Bonds of %he City~ hereinafter aa]]~d "obli~ations:~ to finance
the co~t thereof~ and t~hat it i~ necessary and proper that the funds be
made available at ~his time and prior to the sale and delive~ of said
obligations ~or the pu~ose of ~tiatin~ said project.
SECTION 3. ~e City is hereby authorized to borrow from 0keechobee
County Bank~ Okeech~bee~ Florida, up to $~00~000~ %o b~ e~denced by a
9~o~s~o~v ~ot~ or notes not e~ceedi~ such amount in the ag~e~at~ be
payable on or before May 23~ !97~, and bear interest at the rate of Five
pe~ centum (5~) per a~um. Such note or no%es shall be executed in the
~me of the City by its Mayor and countersi~ed and attested by its City
Clerk. ~e co,orate seal of the City shall be i~ressed thereon. A
fo~m for such promissory note or notes ~.s hereto attached and ~de a part
of this R~solu~ion.
SECTION ~. Such note or notes~ as hereinabove authorized~ shall be
pa~rable solely from and secured by a first lien upon the proceeds of the
obligations hereinabove described, at such Lime as the same are deli~red
~.n the purchaser thereof, or in the alternative, ~ch pro~ssory note or
notes shall be payable solely from and secured by a prior lien upon add
pledge of the ne% revenues of the City's water and sewer system and %he
proceeds of the City's municipal cigarette taxes as described in said
Ordinance, in the event that such nobe or notes shall not be paid on the
due date thereof.
SECTION ~. ~e City hereby covenants that it, %~].l establish with
Okeechobee County Ba~ Okeechobee~ Florida, a separate account or
ac~ounts~ to be desisnated "Wa%er and Sewer System Const~ction ~nd"
(hereinafter referred to as %he "Construction ~nd") into which shall be
det~osited all the proceeds from the prom~ ~sory note or notes herein
authorized. Moneys in the Construction Fund shall be e~ended only after
th~ e~piration of the appeal period applicable to the judicial proceedings
*o validate th~ obli~atio~s~ ~,b~r~ ha~n~ been ~o appeal of a final
j~ent va]ddatin~ the obligations~ and e~ended only for the pu~oses
prodded dn said ~dinance authorizing ~,he issuance of said obligations.
Moneys in the Construction ~nd shall be secured by the depository bank
in the manner prescribed by Florida Statutes relatinK to the secur~n~ oe
?ubl~c ~]nds. ~e City nay direct the depository bank %o invest such
funds in the man'oer provided in said Ordinance authorizing the issuance of said
obligations, ~m+,~ 1 such funds shall be needed to pay project costs.
SECTION 6. This Resolution shall take effect immediately upon its passage.
DONE, RESOLVF~ and made effective the 23rd, day of May, 1972, at a re~ular
adjourned meeting of the City Council, City of Okeechobee, Florida.
E. H. HUNT
President Pro-tempore,
ATTEST: City Council
City of Okeechobee, Florida
LORENA SPIVEY
City Clerk
Sh00,0o0
,1972
UNITED STATES OF ~2~ERICA
STATE OF FLORIDA
OKEECHOBEE COUNTY
CITY OF OKEECHOBEE
WATER AND SEWER REVENUE BONDS ANTICIPATION NOTE
FOR VALUE RECEIVED, the City or Okeechobee, Florida (herednafter referred
to as +.h~ "City"), hereby promise~ to pay ~o the order of 0keechobee County
Bank,, at its pri~¢ipa] office in the City of Ok~echobee, Florida, on or before
May 23, ~97h, ~o]~ly from *,he ~ecial funds hereinafter meotioned~ in ]awful
money of tb~ Unif~d S±,ate~ of America, the principal sum of Four Hundred
Thousand Do]]..ar= (Shoot,loc) and to pay solely from such soecial f~nds~ quarterly
after +h~ date h~.~eof~ interest on such principal sum at the rate of Five per
ce~um (~ %) per annum.
This nof,~ ~ ~ issued pursuant to the ConstitufAon and Laws of the S+ate of
Florida, particuqarly Section 2] g.h3], Florida Statutes, other applicable
provisJo~.~ of law and a resolution duly adopted bl¢ the City on May 23, ].972
(hereinafter refe,red to as the "resolution"), J.n anticipation of the receipt
of the proceeds from the sale o¢ cer+ain revenue bonds authorized to be issued
by the City p~rs~.mnt to Ordinance No. 3~6, d~ly adopted by its City Council on
Febrna ~ry 22, ].972; to pay th~ cost, of th~ projec~ described in said Ordinance.
~is note and the interest, due thereon are payable solely from and secured by a
pr~r ]~n ~on~. and a _nl~d~e.~ ~ the. .~r~ce~d~ .......... +.n b~ derived er~m the ~a]e ~ s~.ch
~ev~m~ bonds or~ in +b~ al he~na+.i.v~, ~o].el_y from and secured by a prior lien
upon and p!ed%~ ~g the net revemms of hbe City's wate~ and sewer ~stem and
tb~ procp.~d~ of *.~e City,~ m~cipa.1 cigarette taxes as described in said
Ordinance, ~.p th~ event that such note or notes shall not be paid on the due
date +h~reof.
~is note shall not con,stit~te a ~eneral indebtedness of the City, and the
~o]~ar +.b~ sh~ll never have the right to require or co~el the exercise
of the power of the City to le~/ ad valorem Lewes or to tax real estate in the
City for the pa~ent of the principal oF am8 interest on this note.
At the option of the City, this note is payable at a~ time prior to the
sta+,e~ maturity thereof at par an4 acer~8 imterest ~',o the date of such pa~ent.
I+. is hereby certified, recited and declared that all acts, conditions
ar-i things required to e~i.~t, *.~ h~ppen a.n~ to be performed precedent to the
p~ssage of the resolution and Said C~dinance and to the issuance of this note,
ewist, have happened and have been performed in regular and due form and time
ar required by the laws and the Constitution of the State of Florida appli-
cable thereto, and +.hat +,he issuance of this note does no+,, violate any
a~,nstitutional, sta~+,utory or charter ].imitations or provisions.
IN ~ITNESS '~HEREOF~ The City of Okeechobee, Florida, has issued this
n e and caused the same to be signed by its Mayor and countersigned and
a+~,ested by its City Clerk~ and its corporate seal to be hereunto impressed~
all as of this day of ; 1972.
CITY OF OKEECHOBEE~ FLORIDA
By.
Mayor
COI~TERSIGNED AND ATTESTED:
City Clerk
._ Th~ fo].~owi~ bill in the ~mo~n+ o~ $ ~000.O0 was approved and ord-.red paid when
r~nd~ a~e ava~ labt~:
WAT~ ~D SE~ OPERATION ~D ~INT~ICE ~D
~i~rer T,a~e Es%ates~ Inc. $3~O~.00
ttpor, motion the Council recessed to me~. in workshop sea on June 1, 197~,,
~S[D~T CI~ CO~CTL
ATTEST:
CI'~ CL~K
,June 1, 1972
The City Council of the C~+.v of 0keecbobee, Flora. da, met in recessed workshop =~o='
~ . . ~ ........ ~on at
+,,he Ci+,y Hal.~ o~ ~,~e above da+,e at 6:30 P. M. wi+b the following present,: President, Pro-Tern E. H.
Hur~ Councilmen ~ar].es L. Br~]a~ a~d Russell V. D~m~ wie,~ A+,tmrpey ,J. E~war~ C~].~r~n~ C]~rk Lorena
~oiv~y~ ~reetor ~f Public Works L. C. Fort, n~r~
Em,,4 neet DonSh~oh~d~ ,, was o~s~nf~ di~,nu~i n~ a~ e~!ai~in~, .~ i~r~v~m~p+.~ m]aD~ speci ~i cations
mud bi.~= for Improvements a+ Wat,~r PqapL. ~e Council_ also discussed way~ and means of
p~ojr~ct.. After .ii ~e~s=~ on +,b~ Cn~.lnci]. roqt]e,f~r~ Entineer Shepherd tn st~dy the matter further and meet
Dir~'.ctor ~'~r+,Der diec~lssm~ the bids or s~zns and material~. Award of b .d,, to
i = be ,Iun~ 6t, b.
Dir~ctor Forhner reporte~ the material for River Lake Estates water line e~ensJ, on had been
ordered and ~isaus~e~ thru nee~ t~ r~nt a di+.~h +.rencher.
~ n~e~ of a truc~ eot the Dog Wa~den wa~ ~j scu~d by the Council. It was agreed by the
Coupcil to leok for a used truck.
Coupty construction of ......... t.~ dl~cu ..... d. '~ Council agreed to discuss matter ~th
Coif ssioners.