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1999-12-07�eot OKEECy z • CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 I. CALL TO ORDER: - Mayor: December 7, 1999, City Council Regular Meeting, 6:00 p.m. Mayor Kirk called the December 7, 1999 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Eddie Lamb; Council Member Watford offered the invocation in Reverend Lamb's absence; Pledge of Allegiance led by Mayor Kirk. III Mayor Kirk led the pledge of allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. III Clerk Thomas called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Lowry Markham Present Council Member Robert Oliver Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City ClerkAnterim City Administrator Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present IV. PRESENTATION OF CERTIFICATE - Mayor. Mayor Kirk read the following commendation in its entirety: Whereas, the City of Okeechobee has initiated a project for Christmas decorations within the Downtown Parks of the community; and Whereas, the Okeechobee 4-H Club was A. Certificate of Appreciation to the 4-H Club for Christmas gracious enough to donate the use of their Christmas decorations and assistance with putting them together to help Decorations. with the Downtown Christmas Decoration Project; and Whereas; the City wishes to express its thanks to the 4-H Club's donation. The 1999 Holiday Season displays will be the best ever. Now, Therefore, we the City Council of the City of Okeechobee, Florida, do hereby commend the 4-H Club for their excellent record of service to the Okeechobee Community, their participation in the Downtown Christmas Decoration Project and extend the thanks of the citizens of the City of Okeechobee for their unceasing commitment and dedication to our City." He then presented the Certificate of Appreciation to members of the 4-H Club that were present. Council Member Watford also extended his appreciation to the 4-H Club, the City Staff and Council Member Markham who helped with the decorations this year. DECEMBER 7,1999 - REGULAR MEETING - PAGE 2 OF 8 V. MINUTES -City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the November 9, 1999 Regular Meeting and November 9, 1999 Regular Meeting and November 17, 1999 Emergency Meeting; seconded by Council Member November 17, 1999 Emergency Meeting. I Oliver. There being no discussion on this matter, the vote was as follows: VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III Council Member Watford requested the Chinese Delegation Memorandum be added as New Business Item J. VII. NEW BUSINESS. A.1. a) Motion to read by title only and set January 4, 2000 as the public Council Member Oliver moved to read by title only and set January 4, 2000 as the public hearing date, proposed hearing date, proposed Ordinance No. 737 regarding dancing in Ordinance No. 737 regarding dancing in bars or places that are lawfully licensed to sell alcoholic beverages; seconded bars or places that are lawfully licensed to sell alcoholic beverages - by Council Member Chandler. City Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. DECEMBER 7, 1999 - REGULAR MEETING - PAGE 3 OF 8 808 .�e� }fir i �j� �1t Ca �.y�� .�+� i ,}•�,�s i' }I ------.- ............. ...... ............ ...I:y't1!1:A:: ;.. �<: ........ -. ...----,----:- i:Fltl�i�%.?Y.I.l:F�ltl:�'{'I]I..� IIi:IAS'. '+1FAF''::.:::.--....--...----. ... .. VII. NEW BUSINESS. A.1. c) City Attorney to read proposed Ordinance No. 737 by title only. Attorney Cook read proposed Ordinance No. 737 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING CHAPTER 3, CODE OF ORDINANCES; PROVIDING FOR REVISION OF SECTION 3-6 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 737. III Council Member Oliver moved to approve the first reading of proposed Ordinance No. 737; seconded by Council Member Watford. b) Public comment. Mayor Kirk asked whether there were any comments or questions from the public, there were none. Council Member Watford asked what brought this up. Attorney Cook responded, there are two reasons, licensing dilemma and activities already going on in businesses in town. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only and set January 4, 2000 as the public Council Member Oliver moved to read by title only and set January 4, 2000 as the public hearing date, proposed hearing date, proposed Ordinance No. 738 regarding pool or billiard Ordinance No. 738 regarding pool or billiard parlors, game rooms, amusement parlors in places that are lawfully parlors, game rooms, amusement parlors in places that are lawfully licensed to sell alcoholic beverages; seconded by Council Member Chandler. licensed to sell alcoholic beverages - City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. DECEMBER 7, 1999 - REGULAR MEETING • PAGE 4 OF 8 Q 09 VII. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 738 by title only. Attorney Cook read proposed Ordinance No. 738 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING CHAPTER 11, CODE OF ORDINANCES; PROVIDING FOR REVISION OF SECTION 11-13 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 738. Council Member Oliver moved to approve the first reading of proposed Ordinance No. 738; seconded by Council III Member Chandler. b) Public comment. III Mayor Kirk asked whether there were any questions or comments from the public. There were none from the public nor the Council. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C. Consider Alley Closing Application No. 54 submitted by Gerald and Alley Closing Application No. 54 was submitted by Real Estate Broker Phil Berger on behalf of the property owners, Susan Koff regarding the North -South Alley in Block 22, South Gerald and Susan Koff. The request is to close the alley running North to South through the center of Block 22, South Okeechobee - City Clerk (Exhibit 3). Okeechobee. The purpose of the closing is that a commercial building is proposed in the center of Lots 4, 5, 6, 10, 11 and 12. Council agreed to proceed with processing the application. Council Member Watford moved to read by title only and set January 4, 2000 as the public hearing date, proposed Ordinance No 739 closing the North/South alley in Block 22, South Okeechobee; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 1 DECEMBER 7,1999 - REGULAR MEETING - PAGE 5 OF 8 VII. NEW BUSINESS CONTINUED. C. Consider Alley Closing Application No. 54 submitted by Gerald and Attorney Cook read proposed Ordinance No. 739 by title only as follows: "AN ORDINANCE CLOSING, VACATING Susan Koff regarding the North -South Alley in Block 22, South AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 22, CITY OF OKEECHOBEE, AS Okeechobee continued. RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF Ill THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford moved to approve the first reading of proposed Ordinance No. 739; seconded by Council Member Markham. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. D. Consider a request to proceed with planning for a proposed Mr. Gary Ritter requested permission to use City Streets in the Northwest section to host a Bicycle Race on Saturday, Bicycle Race on February 12 and 13, 2000 - Gary Ritter (Exhibit February 12, 2000 from 8:00 a.m. to 4:00 p.m. Following discussion, Mr. Ritter was informed by the Council to proceed 4). with planning the event. When asked by Council, Mr. Ritter committed that they do have insurance coverage for this event. Mr. Ritter is to keep the churches and bank informed of the event that are located within the area of the race, E. Consider a request to revise the Parade Route onto South Park Street; and consider reserving a Downtown Park area for a New Year's Eve Party with a group to host it - Steve Nelson. Mr. Nelson was not present to address the Council on this matter. F. Motion to adopt proposed Resolution No. 99-12 regarding an Council Member Watford moved to adopt proposed Resolution No. 99-12 regarding an agreement between the City agreement between the City and Department of Transportation for and Department of Transportation for Highway Lighting along State Road 70 East; seconded by Council Member Highway Lighting along State Road 70 East - Interim City Markham. Administrator (Exhibit 5). DECEMBER 7,1999 - REGULAR MEETING - PAGE 6 OF 8 VII. NEW BUSINESS CONTINUED. F. Motion to adopt proposed Resolution No. 99-12 regarding an Attorney Cook read Resolution No. 99-12 by title only: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA agreement between the City and Department of Transportation for AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION Highway Lighting along State Road 70 East continued. AND/OR INSTALLATION OF CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREINAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT." Following a brief discussion, the vote was as follows: VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. G. Consider a request for reimbursements of funds for work Mr. West was not present to address this matter with the Council. completed along City sidewalks - Brian West, Walgreens Developer. H. Discuss City Residency Policy - Dennis Horton. Mr. Dennis Horton, who was given the Public Works Director position on September 21, 1999 by the City Council (but has not yet confirmed that appointment), addressed the Council regarding the City's residency policy. Mr. Horton stated he and his family own a home in Ft. Pierce and he was concerned with the City's policy since he did not know how long it would take to sell his current home and find one in Okeechobee County or the Buckhead Ridge area of Glades County and wanted to waive the six months time table that he would be under. Mr. Horton also stated it was his understanding that the Council, through the previous Administrator knew of his concerns and was told by Mr. Bradshaw that he had the authority to waive this policy. Council informed Mr. Horton that Mr. Bradshaw did not have that authority nor were they aware of Mr. Horton's concerns of the residency policy. A lengthy discussion ensued. Council Member Watford moved to give Mr. Horton six months with an additional six months renewal as long as he is actively trying to sell his home and provides this information to the Council. If he still has not sold his house at the end of one year he will have to come back to the Council to request another extension. Motion died for lack of second. DECEMBER 7,1999 - REGULAR MEETING - PAGE 7 OF 8 812 ::>.: ..... f:;:OfSt3SI0N:...VO'�'IW'''.:" ::. G---M- i�i�. ....... ..:..>:.::.::::...:.::..:....>,.: .. .... VII. NEW BUSINESS. H. Discuss City Residency Policy - Dennis Horton. Council Members Oliver and Markham wanted Mr. Horton to come back to the Council at the end of the first six months. Discussion ensued further. Council Member Watford made a motion to give Mr. Horton six months with an additional six months renewal as long as he is actively trying to sell his home and provides this information to the Council If he still has not sold his house at the end of one year he will have to come back to the Council to request another extension; seconded by Council Member Oliver. Council also instructed Mr. Horton to have his real estate agent contact and keep Council Member Markham up to date on the progress of selling his home. Council briefly discussed the six months probation status. It was decided Mr. Horton would need to serve the six months probation period. Attorney Cook recommended the residency be a question that is handled better in the interview process in the future. Mr. Horton advised he would discuss the Council's decision with his family and would call and let the Council know his decision. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. I. Motion to award a Y2 Ton Truck Bid to Okeechobee Motor Council Member Oliver to award a % Ton Truck Bid to Okeechobee Motor Company; seconded by Council Member Company - Interim Public Works Director (Exhibit 6). Markham. Council Member Watford disclosed he would abstain from voting since his employer submitted a bid for this item. Council briefly discussed who the bids were sent to. After discovering that the same list that was used for the police cars was used for the trucks Council instructed Interim Administrator Thomas send letters to the local dealers explaining the oversight by staff, not realizing that by using the same list as the police cars only Ford dealers were sent a bid packets and apologizing for the oversight. DECEMBER 7,1999 - REGULAR MEETING - PAGE 8 OF 8 813 VII. NEW BUSINESS CONTINUED. Motion to award a'/2 Ton Truck Bid to Okeechobee Motor Company continued. Discuss the Chinese Delegation Memorandum - Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - ABSTAINED MOTION CARRIED. Council Member Watford reported on the meeting he attended on behalf of the City with the Chinese Delegation. They presented a memorandum for him to sign, which he declined and explained he would take it back to the Council to discuss. Following a lengthy discussion regarding what the memorandum would accomplish, the Council instructed Interim Administrator Thomas to contact Agriculture Commission Crawford and find out what, if any, his office knows about the relations with these Chinese Delegations, what their view is and any pledges from the State level. To contact Hillsborough County, Palm Beach County and Osceola County and see how they handled these and contact the County Administrator to get the County's view on signing the document. E. Consider a request to revise the Parade Route onto South Park Chamber of Commerce Executive Director, Brenda O'Connor was present and wanted to know what would be the Street continued. status of the parade route since Mr. Nelson did not show up. Council advised it would remain the same (no change). Mrs. O'Connor also explained the Chambers views on the parade route and the safety factors and requested the Council keep the same parade route. VIII. ADJOURNMENT - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meetin a may need to insure that a verbatim record of the pmceedrig' is made, which record includes the tes ony and)-vidence upon which the appeal is o be bgEgd..�" ATTEST: JAMES E. KIRK, MAYOR There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:30 p.m. BONNIE S. THOMAS, CMC, CITY CLERK FORM 8B MEMORANDUM OF VOTING -CONFLICT FOR COUNTY, MUNICIPALS AND OTHER LOCAL PUBLIC OFFICERS- LAST NAME —FIRST SAME—MIUULL NAAlt NAME OF BW►Rq OUNCiI COMMISSION. AIJTHORITI4 OR ODMiMTIiiE. MAILING ADDRESS UNC1L. CUAlrlISSLOt�, AUTHORITY, OR COMMITTEE ON WHICH ! SERVE IS X UNIT OF: - - •• u jC1Tl'z COUNTY = OTHER LOCAL AGENCY I C1T©ku ­� COUNT) 1`NAMEclr POLITICAL SUBDIVISION:l �" ho fiUWKtkk_- ID., l )Q 1 ' C \mC��rD A„' F'USIT . IS: ELECTIVE = APPOINTIVE IWHO MUST FILE FORM 88 " This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to'members of advisory`ana non -advisory bodies who are presented with a voting conflict of interest under Section II2.3143, Florida Statutes. The' requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the lam- when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse --side and filing the form. -, - INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES 1.. ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MOIST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowing]• voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. - A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but mus disclose the nature ofthe conflicr before Iriakint am attempt to influence the decision by oral or m'ritten communication. xvnether made by the officer or at his direction. �.; ---• ---- �� _ . _._ :{'_ 3. IF YOU IN7END TO MAKE ANYAT' '\IPT TO I'�TFLLi_'Cr_THE. DECISION _aF.IOR-TO THE MEETING AT t'is.IC THE VOTE WILL BE TAKEN: • You should complete and. flie this form (before makin-c any attempt to influence the decision) with the person responsible fo- recording the minutes of the meeting. who will incorporate thi form in the_ mititues. �.+ .... . !`h t :94 _., a ,• "' VAI • A copy of the form should be provided immediately to the lithe* triemberG Dfriewacencr. - ' :- -; • The form should be read publicly at -the meeting prier to consideration. of .the mazter in which you 'nave a confiici of interest r _. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION A_T_THE _MEETING: • You should disclose orally the nature of your conflict in the measure before participating.' • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,hereby disclose that on r 19_ : (a) A measure came or will come before my agency which (check one) inured to my special private gain;; or y�,. inured to the special gain of (�'�- -�J oN �, , by whom I am retained. Li (b) The measure before my agency and the nature of my interest in the measure is as follows: s- �U L� h.Q.r mil, I �9g Date Filed 4na� NOTICE: UNDER PROVISIONS OF FLORID=% STATUTES 1I:.:1" (19E-5t. A, F-kILURE TO MAKE AN) 'REQUIRED DISCLOSURE CONSTITLTES GROUNDS FOR AhiD 1iAY BE PUNISHED BY ONE OR tIMORE OF THE FOLLONN-ING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM, OFFICE OR EMPLOY.NIE1;T. DEMOTION- REDL.CTION' 'AN SALARY, REPRIN4.A.N1D. OR A CIVIL PENALT) NOT TO EXCEED S:.000. M CE FORM YS . ___ _... ._ _. ._. ..__...,_..... .....____-.,_.M..._.- 1 .emu! / DA! 0 �� — --- Page -1- - CITY OF OKEECHOBEE --- - - CITY COUNCIL REGULAR MEETING December 7, 1999 HANDWRITTEN MINUTES I. CALL TO ORDER: -Mayor : December 7, 1999, Citv Council Reqular Meeting, II. OPENING CEREMONIES: Invocation offered by Pledge of Allegiance led by Mct vor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - PRESENT - - --ABSE-NT Mayor James E. Kirk Council Member Noel A. Chandler -- - ----- e.l ---- Council Member Lowry Markham t� Council Member Robert Oliver — Council Member Dowling R. Watford, Jr. �- City Attorney John R. Cook -City A-drnitfistrator_Robert J.-Bradehava-- r/ City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATION OF CERTIFICATE - Mayor. -------A,--- Certificate of Appreciation to the 4-H Club for Christmas Decorations. "Whereas, the City of Okeechobee has initiated a project for Christmas decorations within the Downtown Parks of the community; and Whereas, the Okeechobee 4-H Club was gracious enough to donate the use of their Christmas decorations and assistance with putting them together to help with the Downtown Christmas Decoration Project; and Whereas; the City wishes to express its thanks to the 4-HClub's donation. The 1999 Holiday Season displays will be the best ever. Now, Therefore, we the City Council of the City of Okeechobee, Florida, do hereby commend the 4-H Club for their excellent record of service to the Okeechobee Community, their participation in the Downtown Christmas Decoration Project and extend the thanks of the citizens of the City of Okeechobee for their unceasing commitment and dedication to our City. DATED this 7tn day of December. 1999 ." V. MINUTES -City Clerk. - -- Council Member — --moved to dispense with the reading and approve the Summary of Council Action for the November 9, 1999 Regular Meetin and November 17, 1999 Emergency Meeting; seconded by Council Member , DISCUSSION: VOTE: KIRK CHANDLER MARKHAM OLIVER WATFORD Y —NO—ABSENT—ABSTAINED MOTIO CARRIED - DENIED r: 0 • Page -2- VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Le� &tom Wo- kk.U- ua VII. NEW BUSINESS. �p A.1.a) Council Member 'A moved to read by title only and set January 4,-111111111111111111kas the public hearing date, proposed Ordinance No. 737 regarding dancery in bars or places thatare lawfiulfy `-- licensed to sell -alcoholic beverages - City Attorney (Ex`FFfl); seconded by Council Member__. b) Vote on motion to read by title----- - — only. VOTE: YES NO ABSENT ABSTAINED KIRK c) Attorney Cook read proposed CHANDLER Ordinance No. 737 by title only MARKHAM as follows: "AN ORDINANCE OLIVERWATFORD OF THE CITY OF OKEECHOBEE AMENDING --MOTION-:-C-A R-1111ED - DENIED -- CHAPTER 3, CODE OF -- - --"� - --- ORDINANCES; PROVIDING FOR REVISION OF SECTION 3-6 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." - -- 2.a) Council Member XO moved to approve the first reading of proposed Ordinance No. 737; seconded. _by_Council Member X�IA1 b) - -- Public comment. VOTE: - - --YES- NOL -ABSENT ABSTAINED KIRK - -CHANDLER-- MARKHAM OLIVER WATFORD c) Vote on motion. MOTION: _ RRI D - DENIED • • - - --Page _3_ -- B.1.a) Council Member JU moved to read by title only and set January 4, 1999 as the public --- hearing date, proposed Ordinance No. 738 regarding poohr billiard parlors, -game rooms, amusement__ parlors in places that are lawfully lic nsed to sell alcoholic beverages - City Attorney (Exhibit 2); seconded by Council Member - - b) Vote on motion to ready VOTE: YE5 NO ABSENT ABSTAINED _bile only. K-tRK c) - Attorney Cook read CHANDLER MARKHAM - - - --- --- proposed Ordinance No. OLIVER 738 by title only as follows: WATFORD _. "AN ORDINANCE OF THE CITY OF OKEECHOBEE MOTION: rAl!RIED - DENIED — AMENDING CHAPTER 11, CODE OF ORDINANCES; PROVIDING -FOR REVISION REVISION OF SECTION 11.13 THEREOF; PROVIDING FOR__ SEVERABILITY; PROVIDING AN EFFECTIVE DATE." 2.a) Council Member moved to approve the first reading of proposed Ordinance No. 738; seconded -by -Council Member b) Public comment. _ - - - - ------_----- _ VOTE: KI RK CHANDLER MARKHAM OLIVER - WATFORD c) Vote on motion. MOTK • Page -4- C. Consider Alley Closing Application 1Vo. 54 su6mitted by -Gerald and Susan Koff regarding the __,North-S2uth Alley_in Block-22, South -Okeechobee - City Clerk_(Exhibit 3). 7 Cam-,.'�-�e IF COUNCIL DECIDES TO PROCEED WITH ALLEY CLOSING: -!F oo ---Council Member` -moved to -read by title only and -set January 4; 11W as the public hearing date, proposed Ordinance No. 739 closing the north/south alley in block 22, South Okeechobee; seconded by Council- Membe , , '" Vote on motion to read by title only. VOTE: YES NO ABSENT ABST) Attorney Cook read proposed KIRK - -- CHANDLER Oidliiaiiuc No. 739 by title only as MARKHAM -- follows; "AN ORDINANCE OLIVER CLOSING, VACATING AND WArFoRD ABANDONING THE ALLEYS OR _ ALLEYWAY'S LOCATED IN MOTION: C� ED - DENIEE BLOCK 22, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS, OKEECHOBEE COUNTY.-FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT -IN -AND FOR OKEECHOBEE COUNTY fLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member move to approve the first reading of proposed Ordinance No. 739; seconded by Council Membe k7 Public comment. VOTE: YES NO ABSENT ABSTAINED KIRK- - -- --- - - CHANDLER --- - RKHAM Vote on motion. OLIVER WATFORD __ MOTION: CAR IED - DENIED I --- -- - --�_. Page -5- proceed with rtannm -- fora proposed Bicycle Race on February 12 and 13, 2000 - Gary Ridder Exhibit a nGc) J G I MM I r S� •�� is - - ---- ---- _ — - - Page -7- F. Council Member moved to adopt proposed Resolution) o. 99-12 regarding an - agreement between the City and Department of Transportation for Highway Lighting along______ State,Road 70 East - Interim City Administrator (Exhibit 5); seconded by Council Member Attorney Cook-readResoiution-tb. 99-12 by title only: "RESOLUTION OF THE CITY OF -- - — OKEECHOBEE, FLORIDA AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION OF CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREINAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT." VOTE: YES NO ABSENT ABSTAINED KI RK CHANDLER - - ---- ----- MARKHAM OLIVER WATFO RD - MOTION: C�Rf IED - DENIED - -- - G. Consider a request for reimbursements of funds for work completed along City sidewalks - Brian West, Walgreens Developer. I �j -} _-_--_-consider a request to revise -the Parade Route onto South Park Street; and consider reseving---- a Downtown Park area for a New Year's Eve Party with a group to host it - Steve Nelson, - P --' t - II — - ----------------- t ------------- ------------- - li Page -2- VI. AGENDA Mayor. A. Requests for the addition, deferraLetwithdrawal of items on today's agenda._______ i VII. NEW BUSINESS. Zoeo --- __. - A.1.a) Council Members moved to read by title only and set January 4, 10114as the public hearing date, proposed Ordinance No. 737 regarding dancing in bars or places that are lawfully licensed to sell alcoholic beverages -City Attorney (Exhibit 1); seconded by Council Member �LI. b) Vote on motion to read by title - only. VOTE: YES NO ABSENT ABSTAINED c) Attorne r�Cook read proposed CHANDLER Ordinance No. 737 by title only OLIVER i as follows: "AN ORDINANCE WATFORD OF THE CITY OF OKEECHOBEE AMENDING DENIED CHAPTER 3, CODE OF ORDINANCES; PROVIDING - — - - — — FOR REVISION OF SECTION 3-6 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." -- — -- 2.a) Council Member moved to approve the first reading of proposed Ordinance No. 737; — -- - -seconded by Council Member - b)---Pubk comment.— -- cj ----Vote on motion VOTE: YES NO ABSENT ABSTAINED-- - KI RK ✓ CHANDLTR--_ — - — MARKHAM OLIVER d WATFORD c� MQTI(�N; ��ARRI — DENIED Page -3- B.1.a) Council Member T!c moved to read by title only and set January 4, OW as the public hearing date, proposed Ordinance No. 738 regarding pool or billiard parlors,.game rooms, amusement parlors in places that are lawfully licensed to sell alcoholic beverages - City Attorney (Exhibit 2); seconded by Council Member - —��- Vote on motion to read by C_ title only. VOTE: YES NO ABSENT ABSTAINED i. — -- _ KIRK I' c) Attorney Cook read CHANDLER ✓ proposed Ordinance No. MARKHAM C/OLIVER v ---- ----- ----- - 738 by title only as followsr—--WATFORD � "AN ORDINANCE OF THE - - - CITY OF OKEECHOBEE MOTIO C - DENIED AMENDING CHAPTER 11, CODE OF ORDINANCES; PROVIDING FOR REVISION OF SECTION 11-13 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING -AN EFFECTIVE D - 2.a) Council Member 'F-C, moved to approve the first reading of proposed Ordinance No. 738; ----- - - --- --seconded by Council Member N� b) Public comment. t ij-- - i c) Vote on motion. VOTE: YES NO ABSENT ABSTAINED KIRK -- -- CHANDLER ✓ MARKHAM c� OLIVER t� WATFORP MOTION ARRIED DENIED Page -4- C. Consider Alley Closing Application No. 54 submitted by Gerald and Susan Koff regarding the North -South Alley in Block 22, South Okeechobee - City Clerk (Exhibit 31._ IF COUNCIL DECIDES TO PROCEED WITH ALLEY CLOSING: Council Member � moved to read by title only and set January4 LcN; as hearing date, proposed Ordinance No. 739 closing the north/south alley in block 222, Southc Okeechobee; seconded by Council Member_ LIn Vote on motion to read by title only. VOTE: YES NO ABSENT ABSTAINED Attorney Cook read proposed KIRK - - V, _ Ordinance No. 739 by title _on� as CHANDLER v _ follows: "AN ORDINANCE MARKHAM fr CLOSING, VACATING AND OLIVER AI - ABANDONING THE ALLEY'S OR WATFORD v ALLEYWAY'S LOCATED IN — - _ BLOCK 22, CITY OF MOTION: CARRI — DENIED OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND - DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT -COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member moved to approve the first readi 19 of proposed Ordinance No. 739; seconded by Council Member. l Pab1IC comment. AX kL COc�cQ f1Qu, VOTE: YES NO ABSENT ABSTAINED Vote on motion. KIRK -- CHANDLER MARKHAM OLIVER WATFORD MOTIO C(ARRIE - DENIED FA ffl Page -5- Consider a request to proceed with plannm`g or -a -proposed Bicycle -Race on February 12 and 13, 2000 - Gary Ri r (Exhibit 4). tiahA44, Jv -- ----- i i 1 %� � _ �� ��• % d' � ii�, � 1 Ems► Sip UU VU eke nuKlnk- 1) y RIx U Page -6- E. Consider a request to revise the Parade Route onto South Park Street; and considerreserving a Downtown Park area for a New Year's Eve Party -with a group to host it -- Steve Nelson. Page -7- F. Council Member Ub� moved to adopt proposed Resolution No. 99-12 regarding an (1-1T-------agreement between the City and Department of- Transportation for Highway Lighting along State Road 70 East - Interim City Administrator (Exhibit 5); seconded by Council Member Attorney Cook read Resolution No. 99-12 by title -only: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION OF CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREINAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT." VOTE: YES NO ABSENT ABSTAINED KIRK Z CHANDLER V MAP tv OLIVER WATFORD MOTION: RRIE - DENIED Consider a request for reimbursements of funds for work completed along City sidewalks - Brian West, Walgreens Developer. ------- --- �Lla --1, -- � � �--, tact � - �-�-- - --- --- - - -- -- - - ----- -----�-;--- — --- - i p H. Discuss City -Residendpolicy - on-. - --- - - - - -- - -- - -- - - -- - - - - - -C,� __ °- VIL -��- --)(&u hpwcv�q PuZA'Aj ihaj -,hw -.1 Ing -- _t (fin (-iLei f co- -- - A'u� - WL u — o A , o � i 'C d + _ u1oc car LZ -- -- ----;-fie - rn, a - 4rrd apada e/d _Aitob_ dIAMdh), AAr — i moved to award a'/z Ton Truck Bid to Okeechobee Motor - — ---- ciI_ Mernbe� _ y --_ -- -= Corr pany - Interim Public Works Director (Exhibit 6); seconded by VOTE:Member YES NO Ai3�ENT-ABSTA1NfD lCHANDLER ✓ D9w-1)e_vj- -MAW ANI ✓- - - - -- - ja.Akf OLIVER LD VU . ApJOURN MEETING - Mayor. -- - — , 4-- -- --- ---- -- - - -- fie, mVAu. (Fiir4, uAt ate, hc� jucM U/ no ecimmI5Sr&nt9.r� `F-�,re-� Wuv;, (;pv`4, cAjct,k-t4AO.,te., O.A4A.,4,' u& qua � Lot hAo+- �'w� QjvnoS4- at6.cu.W�lh(a-f uo- NtY- 40A 021-t-��, 5eu� (fir �Cuz,,,,� i' Nr , gf-- GL<Sawjl- � do, tpf pKtEC CITY OF OKEECHOBEE • CITY COUNCIL REGULAR MEETING to,o*� OFFICIAL AG ENDA PAGE 1 OF 3 I. CALL TO ORDER - Mayor: December 7, 1999, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Eddie Lamb; • Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook Interim City Administrator/City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATION OF CERTIFICATE - Mayor. A. Certificate of Appreciation to the 4-H Club for Christmas Decorations. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 9, 1999 Regular Meeting and November 17, 1999 Emergency Meeting. DECEMBER 7, 1999 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A. I. a) Motion to read by title only and set January 4, 1999 as the public hearing date, proposed Ordinance No. 737 • regarding dancing in bars or places that are lawfully licensed to sell alcoholic beverages - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 737 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 737. b) Public comment. c) Vote on motion. B. 1. a) Motion to read by title only and set January 4, 1999 as the public hearing date, proposed Ordinance No. 738 regarding pool or billiard parlors, game rooms, amusement parlors in places that are lawfully licensed to sell alcoholic beverages - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 738 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 738. b) Public comment. c) Vote on motion. DECEMBER 7, 1999 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. C. Consider Alley Closing Application No. 54 submitted by Gerald and Susan Koff regarding the North -South Alley in Block 22, South Okeechobee - City Clerk (Exhibit 3). D. Consider a request to proceed with planning for a proposed Bicycle Race on February 12 and 13, 2000 - Gary Ridder (Exhibit 4). E. Consider a request to revise the Parade Route onto South Park Street; and consider reserving a Downtown Park area for a New Year's Eve Party with a group to host it - Steve Nelson. F. Motion to adopt proposed Resolution No. 99- regarding an agreement between the City and Department of Transportation for Highway Lighting along State Road 70 East - Interim City Administrator (Exhibit 5). G. Consider a request for reimbursements of funds for work completed along City sidewalks - Brian West, Walgreens Developer. H. Discuss City Residency Policy - Dennis Horton. I. Motion to award a 1/2 Ton Truck Bid to Okeechobee Motor Company - Interim Public Works Director (Exhibit 6). • VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 0 Citp of ®keerbobee, Ifort"ba Certif irate of 2ppreciation Ubtrtag, the City of Okeechobee has initiated a project for Christmas decorations within the Downtown Parks of the community; and Vjtrtag, the Okeechobee 4-H Club was gracious enough to donate the use of their Christmas decorations and assistance with putting them together to help with the Downtown Christmas Decoration Project; and fjmo; the City wishes to express its thanks to the 4-H Club's donation. The 1999 Holiday Season displays will be the best ever. Aft, Qtrdw, we the City Council of the City of Okeechobee, Florida, do hereby commend the 4-H Club for their excellent record of service to the Okeechobee Community, their participation in the Downtown Christmas Decoration Project and extend the thanks of the citizens of the City of Okeechobee for their unceasing commitment and dedication to our City. DATED this 7' day of December, 1999 . ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor Noel A. Chandler, Council Member Lowry Markham, Council Member Robert Oliver, Council Member Dowling R. Watford, Jr., Council Member 0 1 t - g-� AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING CHAPTER 11, CODE OF ORDINANCES; PROVIDING FOR REVISION OF SECTION 11-13 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Okeechobee Florida recognizes that changing community values and personal choice in conduct may require revision to the codes from time to time; and WHEREAS that section of Chapter 11 of the code of ordinances which prohibits playing pool or billiards in bars has caused confusion, is regularly ignored by the public; and is virtually incapable of enforcement; and WHEREAS amending said ordinance can be accomplished to protect the moral values and standards which exist in this community, yet also provide for relief for local business owners; NOW THEREFORE be it ordained by the City of Okeechobee, Florida, as follows; Section one• Section 11-13 of the Code of Ordinances, city of Okeechobee, Florida is hereby rescinded. Section two. Section 11.13, code of Ordinances, City of Okeechobee, Florida, is enacted as follows: Sec.11-13. Pool or billiard parlors, game rooms, amusement parlors. (a) Any permitted business establishment located in the City of Okeechobee, Florida may promote, conduct or permit the placement of pool or billiard tables in business establishments that are lawfully licensed to sell alcoholic beverages, for use and enjoyment by its patrons, invitees or guests at the establishment; subject to compliance with all applicable codes, ordinances, or statutes, including those regarding capacity of the establishment, fire safety, hours of operation, or other requirement protecting the health, welfare or safety of the Citizens. (b) If the use of pool or billiard tables is made in conjunction with another business on the some premises, such as, but not limited to, bar, restaurant or other business, the owner or operator of such establishment must obtain a separate license for such use, under the provisions of chapter 10, code of ordinances. Sec�ti , three. If any provision or portion of this ordinance be deemed to be invalid, the remaining portions shall remain in full force and effect. INTRODUCED FOR FIRST READING, etc. AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING CHAPTER 3, CODE OF ORDINANCES; PROVIDING FOR REVISION OF SECTION 3-6 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Okeechobee Florida recognizes that changing community values and personal choice in conduct may require revision to the codes from time to time; and WHEREAS that section of Chapter 3 of the code of ordinances which prohibits dancing in bars has caused confusion, is regularly ignored by the public; and is virtually incapable of enforcement; and WHEREAS amending said ordinance can be accomplished to protect the moral values and standards which exist in this community, yet also provide for relief for local business owners; NOW THEREFORE be it ordained by the City of Okeechobee, Florida, as follows; Section one. Section 3.6 of the Code of Ordinances, city of Okeechobee, Florida is hereby rescinded. ,motion two. Section 3.6, code of Ordinances, City of Okeechobee, Florida, is enacted as follows: Sec. 3-6. Dances in bars and other establishment. (a) Any permitted business establishment located in the City of Okeechobee, Florida may promote, conduct or permit dancing in bars or places that are lawfully licensed to sell alcoholic beverages by its patrons, invitees or guests at the establishment; subject to compliance with all applicable codes, ordinances, or statutes, including those regarding capacity of the establishment, Ere safety, hours of operation, or other requirement protecting the health , welfare or safety of the Citizens. (b) Nothing herein shall be construed to permit any dance or conduct by patrons, guests or invitees that would violate the provisions of ordinance 720, City of Okeechobee, Florida, which ordinance prohibits public nudity or nudity associated with establishments that possess licenses to sell or serve alcoholic beverage. Section three. If any provision or portion of this ordinance be deemed to be invalid, the remaining portions shall remain in full force and effect. INTRODUCED FOR FIRST READING, etc. • • ORDINANCE NO. 737 ZXRMT AGzmA AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING CHAPTER 3, CODE OF ORDINANCES; PROVIDING FOR REVISION OF SECTION 3-6 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Okeechobee Florida recognizes that changing community values and personal choice in conduct may require revision to the codes from time to time; and WHEREAS that section of Chapter 3 of the code of ordinances which prohibits dancing in bars has caused confusion, is regularly ignored by the public; and is virtually incapable of enforcement; and WHEREAS amending said ordinance can be accomplished to protect the moral values and standards which exist in this community, yet also provide for relief for local business owners; NOW THEREFORE be it ordained by the City of Okeechobee, Florida, as follows; Section One. Section 3-6 of the Code of Ordinances, City of Okeechobee, Florida is hereby rescinded. Section Two. Section 3-6 code of Ordinances, City of Okeechobee, Florida, is enacted as follows: Sec. 3-6. Dances in bars and other establishment. (a) Any permitted business establishment located in the City of Okeechobee, Florida may promote, conduct or permit dancing in bars or places that are lawfully licensed to sell alcoholic beverages, by its patrons, invitee's or guests at the establishment; subject to compliance with all applicable codes, ordinances, or statutes, including those regarding capacity of the establishment, fire safety, hours of operation, or other requirement protecting the health , welfare or safety of the Citizens. (b) Nofing herein shall be construed to permit any dance or conduct by patrons, guest or invitee's that would violate the provisions of Ordinance No. 720, City of Okeechobee, Florida, which ordinance prohibits public nudity or nudity associated with establishments that possess licenses to sell or serve alcoholic beverage. Section Three. If any provision or portion of this ordinance be deemed to be invalid, the remaining portions shall remain in full force and effect. INTRODUCED for first reading and public hearing on the 7t' day of December, 1999. ATTEST: BONNIE THOMAS, CMC CITY CLERK JAMES E. KIRK MAYOR Page 1 of 2 • • ADOPTED after second reading and public hearing on the 4tn day of January, 2000. ATTEST: BONNIE THOMAS, CMC CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY JAMES E. KIRK MAYOR Page 2 of 2 • EXHIBIT 2 - 12 / 7 AGENDA ORDINANCE NO. 738 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING CHAPTER 111, CODE OF ORDINANCES; PROVIDING FOR REVISION OF SECTION 11-13 THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS the City of Okeechobee Florida recognizes that changing community values and personal choice in conduct may require revision to the codes from time to time; and WHEREAS that section of Chapter 11 of the code of ordinances which prohibits playing pool or billiards in bars has caused confusion, is regularly ignored by the public; and is virtually incapable of enforcement; and WHEREAS amending said ordinance can be accomplished to protect the moral values and standards which exist in this community, yet also provide for relief for local business owners; NOW THEREFORE be it ordained by the City of Okeechobee, Florida, as follows; Section One. Section 11-13 of the Code of Ordinances, city of Okeechobee, Florida is hereby rescinded. Section Two. Section 11-13, code of Ordinances, City of Okeechobee, Florida, is enacted as follows: Sec. 11-13. Pool or billiard parlors, game rooms, amusement parlors. (a) Any permitted business establishment located in the City of Okeechobee, Florida may promote, conduct or permit the placement of pool or billiard tables in business establishments that are lawfully licensed to sell alcoholic beverages, for use and enjoyment by its patrons, invitee's or guests at the establishment; subject to compliance with all applicable codes, ordinances, or statutes, including those regarding capacity of the establishment, fire safety, hours of operation, or other requirement protecting the health , welfare or safety of the Citizens. (b) If the use of pool or billiard tables is made in conjunction with another business on the same premises, such as, but not limited to, bar, restaurant or other business, the owner or operator of such establishment must obtain a separate license for such use, under the provisions of chapter 10, code of ordinances. Section Three.. If any provision or portion of this ordinance be deemed to be invalid, the remaining portions shall remain in full force and effect. INTRODUCED for first reading and public hearing on the 7tn day of December, 1999. ATTEST: BONNIE THOMAS, CMC CITY CLERK JAMES E. KIRK MAYOR Page 1 of 2 • • ADOPTED after second reading and public hearing on the r day of January, 2000. ATTEST: BONNIE THOMAS, CMC CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY JAMES E. KIRK MAYOR Page 2 of 2 ORttp1 0. MEMORANDUM To: Mayor, Council Members and City Attorney From: Bonnie S. Thomas, City Clerk/interim City Administrator Subject: Alley Closing Application No. 54, Block 22 Date: December 2, 1999 sIT 3 - 1Z/7 AGENDA Attached herewith please find a completed application by Gerald and Susan Koff to close the alley in Block 22, South Okeechobee. No utility easements will be required. A Commercial building is being proposed for the center of Lots 4, 5, 6, 10, 11 and 12. The property owners will be appearing before the Planning Board on December 21st for a Rezoning of Lots 10, 11 and 12 from Residential Single Family to Commercial (Lots 4, 5 and 6, which front South Parrott Avenue are already zoned Commercial). Should Council wish to proceed with processing the application, attached is a proposed Ordinance�which could be read by title only and set for a Public Hearing date of January 4, 2000. 73 Thank You O ♦ 1 4 �V 4 � 0 ti ;'�a1f 2EW 7 1 8 2 9 3 10 4 11 5 1 6 7 1 8 2 9 3 10 4 11 5 12 6 7 11 1 a Motel 9 3 10 11 Dairy 1 Queen 1 { 91 Ice w Big Lake National Bank t 2 3 c, n 4 5 f � • I INDICATES SUBJECT ALLEY I INDICATES ALLEY'S CLOSED WITHIN THE AREA • • CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: II APPLICATION NO. II L—Ilemld an 505 SSE I g+h VJ In�PP�hO�OPe, F SOUTH OKEECHOBEE SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: The fore oin instrument was acknowledged before me this Il r �`�� �� by g � I /� (, / date KD and �,�i�LLlc �,1�� L- �Dff , who i ersonally known o me or (applicant) (co -applicant) who produced (sign�e) J as identification and who did (did not) take oath. Notary Public, Commission No. m %V/ (Name of Notary typed, printed or stamped) Page 2 • • �f% �iithorized Signature Sprint -Florida, lnc. James. R. Nealis, El 899,N.W.>6th Street.' lfJke.ech©b,,,¢, FL., 341, .,,Authorized Signature Required Only For Ci �l> o,S,%/; At, Typed Name & Title Typed Name & Title /.O M,4.r L 115W%�-P—S Typed Name & Title 73toA 2.Z. .-7 7.2/ !/-/5-- Phone No. Date 61 -// 9-,/ // - /'g-e'v Phone No. Date Phone No. Date' �/4n/o©n► C. J;R &e -:(k EICEC, P4 X3-763-K,e //-/7-91 Typed Name & Title Phone No. Date of Okeechobee & First Addition to City of Okeechobe Subdivisions: 7 c/a -Trustee Culbreth -763.3154 Authorized Signature Typed Name & Title Phone No. Date Revised 5/11199 Page 3 • INSTRUCTIONS: After Pages 1 and 2 are 11 APPLICATION NO. 11 to the City Clerk's Office. The a completed by applicant. Return entire application $25,00 application fee is then paid,, THE CLERK'S OFFICE No objections to alley closing. PUBLIC WORKS DEPARTMENT I , � �� �/J ; L � Authorized Signature 11/29/99 Date Cleveland Lamb, Interim Public Works Director Typed Name & Title POLICE DEPARTMENT Au No objections to allev closing. Signatu e Rehmund Farrenkopf, Police Chief Typed Name & Title No objections FIRE DEPARTMENT I Authorized Sim e 11/29/99 Date to alley closing. 11/29/99 Date L• Keith Tomev, II, Fire Chief Typed Name & Title APPLICATION APPROVED By: BONNIE S. THOMASS, CITY CLERK 31 , Patens ►•ost as j day of July A. D. 10 74 In► I r A. UPTHEGROVE, a/k/a GREATHEL ark Street, Okeechobee, Florida ..,r." Md.* er P sin a eel. "Wooid saa drratton of the turn of 6 10.00 'and olio , rlrrlg.d. Ar.eby grants. 6argaint arse aUons. 're• all ihol'cortaln land dlwts, In dkeechobee ck122. SOUTH OKEECHOBEE, , cgtded in Plat Book 3, a of St. Lucie County,. tions and easements of record. ; /: "o OK� F!LFni 05 RECORO 1974 JUL 26 All 9:13 C01 b' bi;iLdl LOW �{ V Its and O' PP -$melee (Aerate ielangMg •r In my - simple ri j M 7o;•war.., thei 16 pronto. Is lawfully settled of old bad eulhimly to a!1 end .Puny sold bad; that 16 d will defend de sane ag•►nrt Ike lawful ebine of all encum6wrcet. except km accruing su6epuenl t ' ,wets In 10HUss' 1Elherrofr the old graafor iw signed and settled tA.a personts IAi day and year : %t Ifni' a6 we emilen. f' , 1 s. ' Y;(qn��eatod . .d. In prearlsvl01 p gro' , „:. /G.i!A�/.... ...... ........... ................ ......«..............».,.w....• MKt M10M Jaf tOtOMOq rN�.r®�, .. •' &ATL Of FLORDIDA 1 :.11,,...... .............r'., 1 .1 ►' coutm OF t IILRLlY CP.RTIFY that on this day.before in,, an officer duty aothetieed in 11it, Suit afarahl and In the County iJwrw d a "he :ii �I r[. Yi Ia9ttrVtVE •�or}aaekdilatentl, pena,ully apprded d dCt2Sit.' (/�Jt.3 GREATHEL UPTHEGROVE, a single woman, N wr lateen N k the pies.. dncnled M ar,d who notated Ike . •, � • •. ; :.: , �� ; •; `' l%{:41.. n.' < ferrilelail hutr aoirm and a sc►newlydSed before we 621 4" wtTN U my band sad official trd to the e.,rall,,.ad " la se i0t:rit '�" 4 9: ...... f.l '•".!Irate last efe"W this .i.A-� by of '•' ` tl 1• I •r ��, if A D le7 w < Uur t a', ri '1 '• �)i'iilfjultp�rii ��rr�ltYi! Fjr: NOTAAY 1U8UC STATE OF FLORIDA AT 1J18CE p �• Adrf rsc •••��9 W COMELY 1l1 MY COMMIS109 UMACS APAIL `14 on Bb9[ 22 ruz M " 4" �'^. • : %,,,201f W. grid Street ":'" .,S11wir11nhat. Fin WA S.i412 ;" " y'f Iran lawful �M;• • 162 ru�. ManMAnrr•eile @"We re a enN . , Ails 10arrUantt �el:d r,.d, the • .�-�-� GREATHEL EGROVE. a/k/a G:a.EATHEL ROBERTS UPTHEGROVE, a singli woman, Arnlaofte► rolled *the Omni". to GERALD KOFF and SUSAN KOFF? his wi wham pm,1011I,e address Is 413 West" South Y Aerrrnofter rellr,l the gronlrrt 1W%—.r era h ri. 0.. 1.— '•.r..,.e W "n • Ile tl•i1.. In.l ,.,.WM.Iw.. Ma .,,w...1 MW laitusscth: Thal the grantor, for waif In "not eoluable ronddrrultons, rrrrfpl whemof is Adw4y ar4ne wise,. mlea,r,. eenwys'and renflrme unto the greater. County. Florida. Will Lots 4, S, 6; 10, 11 and 120 $lo according to the Plat•thersof re at pa a 37, of the public record Florida. SUBEECT to restrictions; reserva I 1 094502 iogctlier urt[A an Il, I.n.n►.n4. A.r.dtl.ar wino apperlolning. To, Haut and to �{otd, IA. a.ra. In f. rind the pranle► A.re6y evwnanit wt1A told p M fee limp,(; that the pranlx Au geed ripA) and law granlw Aen6y fully r.arranit IAi Itl,e to old load an on perverts wAomsoewr; and that said land Is /no of t• nec«nber 31. Ip 73. City of Okeechobee Attention: Bonnie S. Thomas, CMC, City Clerk 55 SE Third Avenue Okeechobee, FL 34974-2932 �rrje A. Bem,arrott Avenue P.O. Box 462 Okeechobee, FL 34974 Re: Alley Abandonment, Block 22 Dear Mrs. Thomas: V, I Geraldine A -Bertram of j3W S. Parrott Avenue. P.O. Box 462.Okeechobee. Florida approve of the vacation of the alley which runs through my property. My property is described as lots 1, 2, 3, 7, 8, & 9 in Block 22 South Okeechobee as recorded in Plat Book 3, page 37; Plat Book 5 page 7 of the public records of Okeechobee County, Florida. I understand that the alley is 15 feet wide and that I have the right to take ownership to the northern 150 feet of the alley. This property will be added to the tax roll by the property appraiser's office. :Srinely, Witness: W Date: 11-23-99 Date: I 1-23-99 NOTARY CERTIFICATE State of Florida County of Okeechobee The foregoing instrument was knowledged before me this aj - flay of 1999 by and who, is/are personally known to me or who has produced as identification. My Conirpssion Expires: • _ ��tAgy 4, A s�'•� web 2 ��.►� i OF fV�� • No Signature 11ot (1, e. -u�- Typed, Printed or Seed Name of Notary i his nsaasnr oe:a fusee/oaM ata • r. t, eet.ot � + (1N►we.., a.d Mrda ItN r.r "Ilse }wq" -W "w+.� f+rM" M/ leelri �r.lr r1 rlw.l, Minn, bal rnrwnrW'r� si.d air .J iwrripra, sd IM �wwr+, r� rJ,r M eweAmf�r..Mmrr eM .ent w .�Ir w ..e•Mw) Made this 31st tiny rel March A. U. 14 86 BETWEEN VINETA ALDRIDGE, and ZOLLIB ALDRIDGE, her husband 4 of file C01111ty of Okeechobee too the State of Florida part is of the first part. and GERALDINE A. BERTRAM of file County of Okeechobee to the State of Florida whose post office address is P. 0. Box 462, Okeechobee, Florida 33473 part y of file second part. bitntUtth, That the sold past Lee of the first part, for and in eonside►etioit of the sun of Ten and No/IOC DeUars. to them in Land paid by the sold pan y of the second part, 16 receipt whereof is hereby acknowl- edged. he ve granted, bargained, and sold to the Sala part y of the second part. bar heir+ and assigns foreese, the following described sand. situate, and being in the County of Okeechobee State of Florida , to•udt: Lots 1 and 2, Block 22, SOUTH OKEECHOBEE, according to plat thereof recorded in Plat Book 3, page 37, public records of St. Lucie County, Florida; said lots lyingg in and com— prising a part of the SE} of SU of Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. N — This conveyance also includes all yaraonal property located on the property belonging to the grantors. FILED FOR ;RECORD r' � FTE tar. FI._f)RI0A 1 OKEECNC; =F. COUNTY, FL. 140CWA�N7ARY'.4 �5• p Mt', f i'Z.: � �" t %% o 9(1 0 38 APR -4 Ftl 3 04 ... ... I,L!":.t•� fILVCNUi�i a •1 I S J S /1 J GLORlA J. FORD %ERK OF CIRCUf i GM i And the said part i-as of the first part de .••rreby fully a,arrant the title to said land, and will defend the sore * joint the lawful claims of all persons whomtr000er. In 1#11n SS 10htmf, The enld par, its of the first part have hereunto set their hand a and sent a the day and year fin. above written. t STATE OF FIDRIDA. 1 COUNTY OF OKEECHOBEE J I RZRZ3Y CERTIFY that on th8 day. baton ace. as officer dry nuthesieed In the State aforesaid and in the County aforesaid to take ackemwkdamentt. personally appm VTP'f ALDRIDGE AND ZOLLIE ALDRIDGE, her husband ar Mt.i .so be the persons described In and nrhe aaeeuted the foregoing Instrument and they Kk dPd �e me 04, ther}mcuted the sane. my wand and official teat is the County and State last aforesaid this 4 th day of �Ali� `+t.... A. D. 19 86 r ,t? .•�W-4-y.Stale sl._ ..... ... Thu Lt*u t pRpsth J AV: illy t.emeesiumn t.e,Uw Hirt. W. 1988 Addrt is 1-4, a, ✓ cCia t, _ _ •- oo stir c/d D. 0. MAasAMr a,10 , RAMCO FORMaa ra.r r. L.S N�.01 ■■rr 7d ' tw?v...r _d ►.1d4 at Mesa "f m e-d ".,.w cent" *4 t4d„ie d..A. esd ,t•,d. Min. west ..prw..Yl{.... trt ...i4M d i4idi0'4 IM R,s�rn rd a410M d nrprMM4. �M.wr ar trwl q .d•N4 w n.41,M.% Mode It,,, 31st day nl March . A• n• 19 86 BETWELN ZOLLIE ALDRIDGE and VINETA ALDRIDGE, his wife of 16 C,mnty nl Okeechobee In the State of Florida . part ies of the first part. and GERALDINE A. BERTRAM of the County of Okeechobee . In the State of Florida' whose post office address is P. 0. Box 462, Okeechobee, Florida 33473 part y of 111r Premed part. URUSSeth, That the sold part ies of the first part. for and in cansideratlon of the sun of Tanand No/100-------- ------------------ ---------------------- Ballots. to them in hand paid by the said part y of the second part. the recelpt whereof is hero4 ae4ttew1- edged, he ve granted. ha►gained, and sold to the said part y of the second part. her helrs and assivis forever. the following described land, situate. and being in the Coady of State of Flcrida , to-wil: Lots 3, 7 and 8 of Block 22, SOUTH OKEECHOBEE, according to plat thereof recorded in Plat Book 3, page 37, public records of St. Lucie County, Florida. Sri'_ lots lying in and comprising a part of the SE1f of SEi of Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. I=L-oRIOAi t'f`rIJ;,1:CiLi i�..�,-\LTAMP T.;XI 178982 OKEELED FOR COUNTY. p �A rMl', -4 PY3:Oil GLORIA J. Fri-'0 ''.FINK OF CfRCU�. 1. jL'tif And the sold part ies of the first part do hereby JuRy warrant It , title to sold land, and will dclean the some against the lawful c;rims of all persons whon"Oewr. IIt W'ItntSS 'Whtrtaf, The said part ies of the first Part have hereunto sae their hand a and seal a the day and year first above r Allen. Signed. �*aled and drdverod In the presence � ..... lr'�N-�t.._.........L� ........................................................................................._....�. ..................................................................... ........................ _..... W STATE OF FLORIDA, • COUNTY OF OKEECH6BEE r I HERESY CERTIvY that on this day, baton me. as l` eIi,. ass i aifharlsed Ili the Sate I.id and In the County aforesaid to take acknowledgments, personally appeared AI.p}1Xr z and VINETA ALDRIDGE, his wife ftpllr&,to be thr persons described in and who saeeuted the foregoing instrument and they acknowledged ufe-;9 : tN0Y erxcated the acme. e•'i u� Tt%s pr' to ad and official seal in the County and State last aforesaid this 4 th day d J: i.� X D. It 86 J% G I /, V O �` �• , ......t? .. ................ T)}ci CJ�rrsrrtf prepanr! by: Neu" ►liis. Sta4 .1 Itcrils Addreu yFi.G!r✓cC•'•c (,/ f•• /.i,, ,. M1� fawwittiss 6prat MI} U. NIB 'y'7 ��yr r.IF.aM,M /w. I.N I.i •.r.4r•. i••. _ Cy.Eil Z.J". het, N-' Yd S.3, y:3 aaANTY O[[O • tt.ottnw » tttawto TAW' b"Aty Dttd Arad. the 3rd 280 7.7� O 10"a of day of September A. 1). 19 86 by GILL F. EMBREY And BETH A. EMBREY, his wife hereinafter called the grantor. to GERALDINE A. BERTRAM whose postaffier address is P. O. Box 462, Okeechobee, FL 33473 hMeinaffer called the pront": 1wh—, wd I.— A. M— '•.r.wt.r^ ..a "....w." i.rtdr A tar Aran a /tit +wtr..r.t swd t6. Min. k..t r.t•rw.umn ..d —it. .t i.1i..I..k. .wet the w.rre—n .ad ..i... .1 r..e.r.ti.af Ultnesuth: Thar the grantor, for and in consideration of the sum of S 10.00 and other valuohle considerations. rn•rittf ushe►eof is hereby acknowledged. hereby grants, bargains, sells, aliens. ►r- mises, releases, rortrrys and confirms unto flip grant". all that certain land situate In Okeechobee County. Florida, viz: Lot 9, Block 22, SOUTH OKEECHOBEE, According to the plat thereof recorded in Plat Book 5, page 7, public records of Okeechobee County, Florida. SUBJECT TO Easements, Restrictions and reservations of record. ST TE a R nip er. Ra. 1 aw = user 1 kw* rarefy 1W i haw prepared fhb lintrrment from Inforstation 11"ll to ate a the parties hwta. 1 do as guarantee either warkAULlthy of uth or oaaraq of descslptiss or jassay d bod dosemw as f dd oat playa lies ttlh to 2% property hnolui To9t"W with all the foroments, herrdltaments and appurtwnanees thereto be%npine or in any- wise appertaining. `,� Hold, To L�l And to Hold, Ilia same In fee simple inert►. lRnd the grantor hereby covenants with said grunter that the grantor is lawfully seised of staid tend in ire simple; that the granlot hot good right and lawful authority to sell and century sold land: Heat the g►ontew hereby fully warrants the title to said land and will defend the some agobnsl the lawful ofalatt of all persons whomsoever; and that octet tend is free of all encumbrmwea. except loan waW subarquent to iJrcemh" 31. 19 8 5 01 FOR 1828T$SSEP IQ FM 1*S3 GLORIA J. FLU"' in Wilms Wwtof, the ,aid � � six presents cnts 14 +:ay e grantor has signed end ,weed Ih..e lmoenb the day .net year first about written. Sig ad ^'��svqvd and�lftr in ur presence: ...Y1..'1.......- .................. ,r�..'....'. ................ _.= ..:r?.7aC�.. ................® STATIC OF FLORIDA etaee as roe Iaeoeolaa ae COUNTY Or OKEECHOBEE I. HICRtSY CZRTtFY that on this day, Were me, an officer duty outherlud in the State aforesaid and in the County aforesaid to take aek"e.rkdanweNs, persertaur appeared Gill F. Embrey and Beth A. Embrey, his wife to me known to be the Perm .8 desernbod 1 ';isw arlib •eateaird the tettaeiva imwnteae and �L11Ry4ahli4lA: )JellMl'1ua that they eaeeuird the same. •• 1tliTNIC>jS S�1 .r>" ••• iiT. s! id/. aejd •a'iw�otBe � `1wtoR',Cut Mf' and State Iasi . iha�R e' ,ice i + day of Septembers a�� `..; •t , A.� i'!' 86 77i6 lnorunirnt P,,,W f d 6�t:• ; j ':.MIiAN� j CM•,•,''r'�IH ....1�� Iddwa MM ry PA&. State al Reich Eipllt law ill. 1490 a.." tt.. k., Iw • t.w,.,w. ka 1 I 1 I I I , RBF — HOLE IN SIDEWALK t -----------^-------_--------- .—!j 50.00' S SW lath ST. ----------------- 217 PO 06� I i I I� Ig O RBF 589.48'3 ppl���� � tom. so•rvr FL g 1PAI` L � 10 or4 8 IIaZ 12 a 9jkAkem BL OCK 22 4uad�LL SOUTH OKEECHOBEE &xf^aJ-A- m4 z"71 Pg M- 3- E 8 -------------� S6e�0,4�t fn t U 2 77 I I 2 I o �I I &AUALI S�ZAudkWv. 3 'Z1.29? %0©3 300. 93' RBF U f�� 112.50'fP1 0 d ice' Ilo� Pg3i 5 4 g 6 g RBF 1415011P7 RBF �s00 RBF 142.50'rPr RBF J A19948'f0'M f42.01' 09-50'IPM t1275' SW 14th ST. ----------------- ------------------- i I I I ( I I I LEGEND RBF - Rebar Found SC. 1"=60' PBS - Rebar W/Cap Set 1PF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (P) - As per the plat of (F) - Field Measurement (D1 - As per the deed (C) - Calculation NOTES: i. Basis bearing WEST PROPERY LINE 2. Bearings per PLAT 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Improvements and shed encroaching on North line are not shown. LU STREET ADDRESS: FLOOD ZONE: 4— CERTIFIED TO: PHILLIP BERGER CC cc QL SURVEY OF: LOT 4, 5, 6, 10, ii AND 12, BLOCK 22, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 12, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY 1 HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. - ---- ---- -- ------------- :L?E-L-AND DYALS, RLS 2 4 L EL A ND DYALS RLS 2084 304 S. W. 3rd Ave.. Okeechobee, Fla. W' .... 113-0 FIX "'•'13'M _ SCALE. is .60' LOCATION: L 10-l2, 4-6. B - 22 BROW suer 21/37/35 MUTED _ _ SURVEY -FOR: DRAWN Lo PHILLIP BY: LIBRARY JNJ4597 BERGER MAKE.' F. B. /P9.: CO. XX/00 ATE: il/212/99 JOB No.: 4597 M6. No.: SHEET i OF r NO. REVISIONS DAT£ BY SEAL ORDINANCE NO. 739 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 22, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 12, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 16 foot wide alley in Block 22, South Okeechobee as recorded in Plat Book 1, Page 12, Public Records, Okeechobee County, Florida, more particularly described as that alley running North to South between Lots 1 to 6 and 7 to 12, inclusive. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the day of and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this day of ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this James E. Kirk, Mayor day of James E. Kirk, Mayor Page 1 of 2 ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 10/19/1999 06:58 9417IJ686 CITY OF OKEEV PAGE 02 CITY OF Ovi MMECHOBEE 941)763-3372 * Fax 941 j7' I S r AGENDA ITEM REQUEST FORM PMast and w aft cm*IoWd fbm to: City Of OkNChobee City Clerk* Of'fwe 55 B.E. 3rd Avmm OkNch m t> a, Florida 34974 NAMe: �&E i1 �1T,12 n � C-Z- TELEPHONE:,S— ExxIBIT 4 - 12 / 7 AGENDA MEETING: REGULAR e SPECIAL a WORKSHOP U DATE: PLEA*Ir *TAT! THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. tfte-o� DESIRED TION BY THE CITY PI JE E SUMMARIZED PERTINENT INFORMPTION CONCERNING YOUR REQUEST ANp ATTACH APl�IGil'edlr VvT, m, XA--, • „ PRESENTATION IS T MADE HOW M It VOLL BE REQUESTED? T6 /O . SIGNlD DATE: i/1 1"' y Proposed Course for Criterium February 12, 2000 z z NW 3rd ; Proposed Course for Road Race February 13, 2000 I Kissimmee Prairie-Preserve- 101 Ranch Hwv724 @1999 Mcinity Corp. GOT • C. RESOLUTION NO. 99-12 EXHIBIT 5 - 12 / 7 AGENDA A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING EXECUTION OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJUSTMENT, RELOCATION AND/OR INSTALLATION OF CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS HEREINAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. WHEREAS, the State of Florida Department of Transportation has located and proposes to construct or reconstruct a part of the Highway Lighting System located on State Road 70, and WHEREAS, the State of Florida Department of Transportation having requested the City of Okeechobee, Florida, to execute and deliver to the State of Florida Department of Transportation a Joint Project Agreement for Highway Lighting, providing for joint responsibilities of the Department and the City, and said request having been duly considered, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Okeechobee, Florida, that the Mayor and Clerk be and they are hereby authorized and directed to make, execute and deliver to the State of Florida Department of Transportation a Highway Lighting Agreement for the adjustment, relocated, and/or installation of certain lighting system within the Right of way limits of said State Road 70, Section 91070-6526; BE IT FURTHER RESOLVED that this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. INTRODUCED AND ADOPTED by the City Council of the City of Okeechobee, Florida in regular session this 7t' day of December , 1999. James E. Kirk Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney • 0 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT HIGHWAY LIGHTING (Municipal) WPI NO. I SECTION NO. I STATE ROAD 1969001 1 91070-6526 1 70 COUNTY NAME Okeechobee PAR & JOB NO. FAP NO. THIS AGREEMENT, made an entered into this 7' day of December, 19 99 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the CITY OF Okeechobee, a municipal corporation, hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the CITY by Resolution adopted on December 7. 1999 , has requested the DEPARTMENT to purchase and install a Highway Lighting System on that portion of State Road No. 70 described as 7'" Avenue to East of 131' Avenue. North , in Okeechobee , County, Florida. AND WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the lighting system designated by the DEPARTMENT as Job No. 91070-6526, Road No. 70, from 7 h Avenue to East of 13'h Avenue. North , which shall call for the adjustment, relocation and/or installation of Highway Lighting facilities along said highway, AND WHEREAS, the DEPARTMENT and the CITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into a JOINT PROJECT providing for such work, NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: The DEPARTMENT agrees to prepare plans and specifications for the work involved, and advertise for bids for the equipment and materials. The decision as to the type and make of equipment purchased will be the DEPARTMENT'S sole responsibility. 2. All of the work on the lighting system is to be done according to the plans and specification of the DEPARTMENT which plans and specifications are, by reference hereto, made a part hereof. The DEPARTMENT will be responsible for performing the completed installation. 3. The DEPARTMENT will provide the necessary engineering supervision to assure construction is in compliance with the plans and specifications herein above referred to, and will perform the final inspection of the completed project. 4. The CITY agrees that the equipment of the lighting system shall remain the property of the DEPARTMENT and it is hereby understood and agreed that the CITY shall not , under any condition, remove the equipment which is the subject matter of this agreement for any reason without permission and written consent of the DEPARTMENT. 5. The CITY further agrees upon completion of the installation, to assume sole responsibility for the maintenance of said lighting system in accordance with the DEPARTMENT'S policies and "Standard Specifications for Highway Lighting" 6. The CITY further agrees to be responsible for the payment of all cost for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. 0 • Page 2 of 2 7. The CITY covenants and agrees that it will indemnify and hold harmless to the extent provided by Florida Statutes 768.28, DEPARTMENT and all of DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by CITY during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither CITY nor any of its sub -contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents or employees. 8. All services and work under the construction contract shall be performed to the satisfaction of the DEPARTMENT'S Director of Construction and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for highway lighting; and prosecution and fulfillment of the services thereunder, and the character, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes thereunder shall be final and conclusive upon the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. MUNICIPALITY: Okeechobee (SEAL) BY TITLE: Mavor ATTEST: TITLE: Citv Clerk REVIEWED FOR LEGAL SUFFICIENCY: TITLE: Citv Attornev FLORIDA DEPARTMENT OF TRANSPORTATION (SEAL) BY: TITLE: ATTEST: EXECUTIVE SECRETARY LEGAL REVIEW: DATE: APPROVED BY. BY: ATTORNEY-FDOT DATE: UTILITIES OFFICE CITY OF OKEECHOBEE 941)763f-3372 Pik Fax 941)763-1686 CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submitting Deparment: PUBLIC WORKS by CLEVELAND LAMB MEETING: REGULAR 3 SPECIAL ❑ WORKSHOP ❑ EXHIBIT 6 - 12 / 7 AGENDA DATE: DECEMBER 7, 1999 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. Bid award to Okeechobee Motor Company for a 2000 Half -Ton Ford Truck. PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. Motion to accept 161? bid from local bidder for above mentioned truck in the amount of $1.4.867.00 PLEASE SUMMARIZED EXPLANATION/BACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS. See attached memorandum. P1'=AQP nnt.P th; c ; a a hiirlmoi-arl ; }pm IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? Nof necessary unless Counci 1 has questions. CITY OF OKEECHOBEE MEMORANDUM To: Cleveland Lamb From: Julie A. Smith Date: December 1, 1999 Re: Truck Bids We received 2 bids for the 2000 % ton Ford pickup truck. They are as follows: 1. Okeechobee Motor Company $14,867.00 2. Jim Blackman Ford $14,972.60 cc: Bonnie S. Thomas