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2000-03-21 Regular856 �l�f OXEEC �.o z • CITY OF OKEECHOBEE MARCH 21, 2000 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER: - Mayor: March 21, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Jim Hudson; Pledge of Allegiance led by Mayor Kirk. 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 City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 7, 2000 Regular Meeting. Mayor Kirk called the March 21, 2000 Regular City Council Meeting to order at 6:00 p.m. Reverend Hudson led the invocation; Mayor Kirk led the pledge of allegiance. Clerk Thomas called the roll: Present Absent Present Present Present Present Present Present Present PAGE 1 OF 11 Council Member Markham moved to dispense with the reading and approve the Zjunimary of _,ouncil A.-ticr, for the March 7, 2000 Regular Meeting; seconded by Council Member Watford. There wcs no disci id i on t item. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD -YEA MOTION CARRIED. MARCH 21, 2000 - REGULAR MEETING - PAGE 2 OF 11 857 V. 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. A request from the Character Counts Program was added. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Ordinance adoption at 6:07 p.m. A.1. a) Motion to read by title only proposed Ordinance No. 742 amending Council Member Watford moved to read by title only proposed Ordinance No. 742 amending the LDR's regarding the LDR's regarding Temporary Structures - City Attorney (Exhibit Temporary Structures; seconded by Council Member Oliver. 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 742 by title only Attorney Cook read proposed Ordinance No. 742 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716, LAND DEVELOPMENT REGULATIONS, SECTIONS 680, 681, THERETO ELIMINATING TEMPORARY PRODUCE STANDS AS A PERMITTED TEMPORARY USE; INCLUDING OFF -PREMISES MOTOR VEHICLE SALES AS A PROHIBITED TEMPORARY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 742. 111 Council Member Markham moved to adopt proposed Ordinance No. 742; 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 commented that there has been one member of the public who has attended several meetings regarding this issue but that he (Watford) remembered the problems the City has had in the past when temporary structures were allowed and that when guidelines and restrictions are placed on the permit, you then are faced with policing those guidelines. Therefore this proposed Ordinance No. 742 was probably the best way to handle this issue after all. Council Member Oliver stated that he was disappointed that a solution could not be worked out to allow temporary structures with strong guidelines. MARCH 21, 2000 - REGULAR MEETING - PAGE 3 OF 11 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. VOTE A. 2 c) Vote on motion. KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - NO WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 743 regarding III Council Member Watford moved to read by title only proposed Ordinance No. 743 regarding adult entertainment adult entertainment establishments - City Attorney (Exhibit 2). establishments; seconded by Council Member Oliver. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 743 by title only. Attorney Cook read proposed Ordinance No. 743 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF ORDINANCES BY RESCINDING ORDINANCE NO 720 AND ENACTING AN ORDINANCE TO REGULATE ADULT ENTERTAINMENT ESTABLISHMENTS AND TO CREATE REGULATIONS REGARDING THE LOCATION AND CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY OF OKEECHOBEE; SETTING FORTH FINDINGS AND DECLARING INTENT; DEFINING TERMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE; PROVIDING FOR CONSENT TO ENTER PREMISES; PROVIDING FOR THE REQUIREMENT OF AN ADULT ENTERTAINMENT ESTABLISHMENT PERMIT; PROVIDING FOR CLASSIFICATIONS OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING PERMITTING REQUIREMENTS, TERMS, RECORDS, FEES, EFFECT OF CONVICTIONS, CHALLENGES, AND HEARINGS; PROVIDING FOR DISTANCE AND ZONING RESTRICTIONS; PROVIDING FOR LIMITATION ON CONSUMPTION OF ALCOHOL; PROVIDING FOR GENERAL OPERATIONAL RULES; PROVIDING FOR CRIMINAL PROVISIONS; PROVIDING FOR PROHIBITIVE ACTS; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 743. Council Member Oliver moved to adopt proposed Ordinance No. 743. Attorney Cook interjected that Exhibit Three list the two amendments which were discussed at the first reading and should the Council wish to incorporate these amendments they can do so at this time. Council Member Oliver withdrew his motion from the floor. MARCH 21, 2000 - REGULAR MEETING - PAGE 4 OF 11 859 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. a) Motion to adopt proposed Ordinance No. 743 continued. Council Member Oliver moved to adopt proposed Ordinance No. 743 with the amendments as discussed at the first reading; seconded by Council Member Watford. The amendments being: Page 15, Section 11-80 Permitted Locations. Paragraph B, add an item seven, "Two Hundred (200) feet of a pre-existing government facility, and any half -way house." and Delete Paragraph B of Section 11-81 on Page 15 which allows a variance from distance requirements. b) Public comment. Mayor Kirk asked whether there were any questions or comments from the public, there were none. There was a brief discussion between the Council and Attorney Cook regarding tentative dates the County will be adopting a similar ordinance. c) Vote on motion. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 744 regarding Council Member Oliver moved to read by title only proposed Ordinance No. 744 regarding the Local Planning Agency; the Local Planning Agency - City Attorney (Exhibit 3). 111 seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 744 by title only. Attorney Cook read proposed Ordinance No. 744 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 12, CODE OF ORDINANCES AMENDING SECTION 12.2 AND 12.3 THEREOF; TO IDENTIFY THE LOCAL PLANNING AGENCY FOR THE CITY OF OKEECHOBEE; PROVIDING FOR AN EFFECTIVE DATE". 2. a) Motion to adopt proposed Ordinance No. 744. 111 Council Member Markham moved to adopt proposed Ordinance No. 744; seconded by Council Member Watford. 860 MARCH 21, 2000 - REGULAR MEETING - PAGE 5 OF 11 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comment. III Mayor Kirk asked whether there were any questions or comments from the public, there were none. Attorney Cook commented this was a house keeping tool, the Code lists the City Council to serve as the Local Planning Agency and the Land Development Regulations list a citizen board, which the Council has appointed. c) Vote on motion. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only proposed Ordinance No. 745 regarding III Council Member Watford moved to read by title only proposed Ordinance No. 745 regarding the Technical Review Attorney Technical Review Committee - City Attoey (Exhibit 4). Committee; seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 745 by title only. Attorney Cook read proposed Ordinance No. 745 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 12, ARTICLE II CODE OF ORDINANCES; AMENDING SECTION 12-13 AND 12-14 THEREOF; ESTABLISHING DUTIES OF TECHNICAL REVIEW COMMITTEE; ESTABLISHING AN EFFECTIVE DATE". 2. a) Motion to adopt proposed Ordinance No. 745. III Council Member Oliver moved to adopt proposed Ordinance No. 745; seconded by Council Member Watford. b) Public comment. III Mayor Kirk asked whether there were any questions or comments from the public, there were none. Attorney Cook advised the Code Book gives this authority to the City Administrator, while the Land Development Regulations assign it to a specific committee of City Staff members and various ex-officio members. The two documents will now coincide with each other. MARCH 21, 2000 - REGULAR MEETING - PAGE 6 OF 11 861 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. UNFINISHED BUSINESS. A. Discuss the City's residency requirement - Mayor Kirk. B. Discuss a Utility Permit Fee Resolution No. 00-3 - City Administrator/City Attorney (Exhibit 5). VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk closed the Public Hearing at 6:30 p.m. Mayor Kirk had requested the Council consider amending the City's residency requirement at the March 7" meeting and he would bring the item back up for action at this meeting. Following a brief discussion, Council Member Oliver moved to change the Department Head probation from six months to three months, after the three months period is completed a six months residency requirement will be implemented; seconded by Council Member Watford. This gives a Department Head a total of nine months to meet the residency requirement and Council noted that should a Department Head require a longer period of time, due to extenuating circumstances, that Department Head could come back to the Council and request an extension. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook addressed the Council explaining that he drafted this resolution based on the information provided by the City's engineering firm presented at the March 71h meeting-0 862 MARCH 21, 2000 - REGULAR MEETING - PAGE 7 OF 11 VII. UNFINISHED BUSINESS CONTINUED. B. Discuss a Utility Permit Fee Resolution No. 00-3 continued. Administrator Veach explained the first part of the resolution relates to new development and part two would relate to any underground utility permits, (ie: Okeechobee Utility Authority), he suggested the Council leave in part one for new developments. He discussed the fees with the Okeechobee Utility Authority's Executive Director, L.C. Fortner and he stated he did not object to the one hundred five dollar fee for three inspections. Following a brief discussion, Council Member Watford moved to table Resolution No. 00-3 until it could be researched by Staff whether there are any current developers fees already in place; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C. Discuss recommendation from engineers regarding the installation Administrator Veach advised the Council that this item, regarding a recommendation from City Engineers for the of a water line along Southwest 2' Avenue - City Administrator installation of a water line along Southwest 2"d Avenue is still under discussion, there are other possibilities and other (Exhibit 6). 1 things to consider. Council Member Watford commented that he appreciated the Utility Authority allowing the City the opportunity to work Vlll. NEW BUSINESS. with them on thisproject. A. Motion to appoint Terisa Suarez to the General Employee's Council Member moved to appoint Terisa Suarez to the General Employee's Pension Fund, Board of Trustees, term Pension Fund, Board of Trustees, term - March 21, 2000 through - March 21, 2000 through November 30, 2001; seconded by Council Member Oliver. There was no discussion on this November 30, 2001 - City Clerk (Exhibit 7). 1 matter. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. MARCH 21, 2000 - REGULAR MEETING - PAGE 8 OF 11 863 Vill. NEW BUSINESS CONTINUED. ITEM ADDED TO THE AGENDA: Consider a request from the Character Mayor Kirk stated he was asked by representatives of the Communities In Schools and the Character Counts program Counts program regarding the purchase of tags on City vehicles and if the City would purchase tags to go on City vehicles that read "Character Counts in Okeechobee" and approve the installing banners on City light poles at the City Limits - Mayor, installation of banners on City light poles at the City Limits that read "Character Counts in Okeechobee." The Ci would have to purchase the taps, but the banners would be purchased and maintained by the program. Council agreed to their request. B. Discuss a request from NUI City Gas Company of Florida for a Mr. Michael Palecki of NUI, City Gas Company addressed the Council regarding a proposed franchise to provide natural Franchise to provide Natural Gas Service in Okeechobee - Michael gas service to the City of Okeechobee. Following Mr. Palecki's presentation and answering the Council's questions, Palecki/George Lane (Exhibit 8). Attorney Cook requested permission to meet with Mr. Palecki to go over several items in the proposed franchise language, and schedule a workshop with the Council to review the document prior to it beii,g adopted. He continued 11 further by stating that local bottled companies may have an interest in this also. The Council agreed and authorized Attorney Cook to meet with Mr. Palecki and then contact the Mayor about scheduling a workshop for the Council. C.1. a) Motion to read by title only and set April 4, 2000 as a Public Council Member Watford moved to read by title only and set April 4, 2000 as a Public Hearing date for proposed Hearing date for proposed Ordinance No. 746 regarding Ordinance No. 746 regarding telecommunications; seconded by Council Member Oliver. telecommunications - City Attorney (Exhibit 9). VOTE b) Vote on motion to read by title only and set Public Hearing date. KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 746 by title only. Attorney Cook read proposed Ordinance No. 746 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990, DEFINITION OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 580 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE". 2. a) Motion to approve the first reading of proposed Ordinance No. 746. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 746; seconded by Council Member Oliver. 864 MARCH 21, 2000 - REGULAR MEETING - PAGE 9 OF 11 VIII. NEW BUSINESS CONTINUED. C. 2. b) Public comment. Mayor Kirk asked whether there were any questions or comments from the public, there were none. Attorney Cook thanked LaRue Planning and Management for all their hard work on this proposed ordinance. The Land Planning Agency held several meetings regarding what regulations should be in place within the City for telecommunication towers. Attorney Alan Gabriel also assisted with the ordinance. Mr. Jock Roberts of LaRue Planning briefly addressed the Council underscoring Attorney Cook's comments and noted a letter from Attorney Gabriel stating he approves of the ordinance and that he would like to make the letter part of the official record. c) Vote on motion. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only and set April 4, 2000 as a Public Council Member Oliver moved to read by title only and set April 4, 2000 as a Public Hearing date for proposed Hearing date for proposed Ordinance No. 747 regarding fire Ordinance No. 747 regarding fire hydrants; seconded by Council Member Watford. hydrants - City Attorney (Exhibit 10). VOTE b) Vote on motion to read by title only and set Public Hearing date. KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 747 by title only. Attorney Cook read proposed Ordinance No. 747 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING FORMER SECTION 18.37 CODE OF ORDINANCES; PROVIDING FOR REGULATIONS FOR INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR INSTALLATION AND EXTENSION OF LINES AND PLACEMENT OF HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING PERMITS; PROVIDING FOR INSPECTION, REVIEW AND REPAIR OF RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE". ,--A MARCH 21, 2000 - REGULAR MEETING - PAGE 10 OF 11 865 VIII. NEW BUSINESS CONTINUED. D. 2. a) Motion to approve the first reading of proposed Ordinance No. 747. III Council Member Watford moved to approve the first reading of proposed Ordinance No. 747; seconded by Council Member Oliver. b) Public comment. Mayor Kirk asked whether there were any questions or comments from the public. Okeechobee Utility Authority Executive Director Fortner stated that having only received a copy of the proposed ordinance this morning he was not c) Vote on motion. prepared to comment on it at this time. Council Member Watford asked whether Section 18-37 referred to the Okeechobee Utility Authority when it read "any provider" and Attorney Cook responded yes. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. E.1. a) Motion to read by title only and set April 18, 2000 as a Public Council Member Watford moved to read by title only and set April 18, 2000 as a Public Hearing date for proposed Hearing date for proposed Ordinance No. 748 regarding closing Ordinance No. 748 regarding closing the alley in Block 154; seconded by Council Member Oliver. the alley in Block 154 - City Attorney (Exhibit 11). VOTE b) Vote on motion to read by title only and set Public Hearing date. KIRK -YEA CHANDLER - ABSENT MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 748 by title only. Attorney Cook read proposed Ordinance No. 748 by title only: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 154, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, 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". MARCH 21, 2000 - REGULAR MEETING - PAGE 11 OF 11 Vill. NEW BUSINESS CONTINUED. E. 2. a) Motion to approve the first reading of proposed Ordinance No. 748. Council Member Watford moved to approve the first reading of proposed Ordinance No. 748; seconded by Council Member Oliver. b) Public comment. Mayor Kirk asked whether there were any questions or comments from the public. On behalf of the applicant, Attorney c) Vote on motion. Conely advised that the new easements might not be signed by the final hearing. Attorney Cook suggested that the effective date be the date those documents are received (complete with appropriate signatures), Council agreed. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. F. Consider amending the Land Development Regulations to permit Attorney Cook explained to the Council that a recent Special Exception had been denied by the Board of Adjustments Re -hearings before the Board of Adjustments - City Attorney. due to a lack of information presented at the hearing. The Land Development Regulations (LDR's) require a six months waiting period before the item can be brought up before the Board again. Attorney Conely, on behalf of the applicant has requested the Council consider amending the LDR's to allow for a waiver, as the County's LDR's. Discussion ensued, Council instructed Attorney Cook to draft an amendment that would allow a waiver of the six months requirement for denied petitions only and that it would be up to the City Council to decided whether or not to implement the waiver. These proposed amendments will be presented to the Land Planning Agency at the their April 25, 2000 meeting, then they will be forwarded to the City Council in ordinance form for final consideration. IX. ADJOURNMENT - MAYOR. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:40 p.m. BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CON AT THIS MEETING, HEISHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEED I IS MADE, ICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEALIS TO BE BASE . ti ATTEST: JAMS . KIRK, MAYOR BONNIE S. THOMAS, CIVIC, CITY CLERK CITY OF OKEECHOBEE CITY COUNCIL REGULAR MEETING - March 21, 2000 HANDWRITTEN MINUTES CALL TO ORDER: - Mayor . Ma.rdv21. 2000, Crxv Cou*waR.e Fu1cw MeetCnq, OPENING CEREMONIES: Invocation offered by Reweren&T%wt.Hu 4o*v Pledge of Allegiance led by Mawr MAYOR, COUNCIL AND STAFF ATTENDANCE - Present Absent Mayor Kirk Council Member Chandler Council Member Markham Council Member Oliver Council Member Watford Attorney Cook Administrator VeachL/ City Clerk Thomas I'lonnfii /'1ar4 i--'�min le� �N. MINUTES - City Clerk. A. Council Member Summary of Council Action for the March 7, 2000 Regular Meeting; co ed by Council Member DISCUSSION: W. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Page -I- moved to dispense with the reading and approve the VOTE: YES KIRK ✓ CHANDLER MARKHAM OLIVER WATFORD &1� NO ABSENT ABSTAINED MOTION: *IED - DENIED b.►m OPEN PUBLIC HEARING TMDINANCE ADOPTION - Mayor &� A.1. a) Council Member moved to read by title only proposed Ordinance No. 742 amending the LDR's r aiding Temporary Structures - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title VOTE: YES NO ABSENT ABSTAINED only. KIRK CHANDLER_ c) Attorney Cook read proposed MARKHAM Ordinance No. 742 by title only OLIVER as follows: "AN ORDINANCE WATFORD OF THE CITY OF OKEECHOBEE, FLORIDA MOTION: CA CF5kD - DENIED AMENDING ORDINANCE Page -2- NO.716, LAND DEVELOPMENT REGULATIONS, SECTIONS 680, 681, THERETO ELIMINATING TEMPORARY PRODUCE STANDS AS A PERMITTED TEMPORARY USE; INCLUDING OFF -PREMISES MOTOR VEHICLE SALES AS A PROHIBITED TEMPORARY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 742; seconded by Council Member b) Public comment. Yb6xt ale - VOTE: YES NO ABSENT ABSTAINED KIRK CHANDLER ✓ MARKHAM OLIVER Y WATFORD c) Vote on motion. MOTION: CED - DENIED (,;a A.� j,- WlU p . a) B.1Council Member ko regarding adult entertainment n � Maw establishments - City Attorney U� (Exhibit 2); seconded by . � Council Member Vote on motion to read by title only. moved to read by title only proposed Ordinance No. 743 VOTE: YES NO ABSENT ABSTAINED KIRK CHANDLER MARKHAM OLIVER !� WATFORD Attorney Cook read proposed MOTION: Cj6RD — DENIED Ordinance No. 743 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF ORDINANCES BY RESCINDING ORDINANCE NO 720 AND ENACTING AN ORDINANCE TO REGULATE ADULT ENTERTAINMENT ESTABLISHMENTS AND TO CREATE REGULATIONS REGARDING THE LOCATION AND CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY OF OKEECHOBEE; SETTING FORTH FINDINGS AND DECLARING INTENT; DEFINING TERMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE; PROVIDING FOR CONSENT TO ENTER PREMISES; PROVIDING FOR THE REQUIREMENT OF AN ADULT ENTERTAINMENT ESTABLISHMENT PERMIT; PROVIDING FOR CLASSIFICATIONS OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING PERMITTING REQUIREMENTS, TERMS, RECORDS, FEES, EFFECT OF CONVICTIONS, CHALLENGES, AND HEARINGS; PROVIDING FOR DISTANCE AND ZONING RESTRICTIONS; PROVIDING FOR LIMITATION ON CONSUMPTION OF ALCOHOL; PROVIDING • Page -3- FOR GENERAL OPERATIONAL RULES; PROVIDING FOR CRIMINAL PROVISIONS; PROVIDING FOR PROHIBITIVE ACTS; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member /-� 50 moved to adopt proposed Ordinance No. 743; seconded by Council Member _ b) Public comment. C) Vote on motion. VOTE: YES NO ABSENT ABSTAINED KIRK V-1 CHANDLER ✓ MARKHAM s/ OLIVER WATFORD MOTION: RRI D — DENIED Page -4- C.1. a) Council Members moved to read by title only proposed Ordinance No. 744 regarding the Local Planning Agency - City Attorney (Exhibit 3); secondedby Council VOTE: YES NO ABSENT ABSTAINED KIRK Member —� CHANDLER b) Vote on motion to read by title MARKHAM OLIVER ✓ only. WATFORD ✓ c) Attorney Cook read proposed MOTION: C IED - DENIED Ordinance No. 744 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 12, CODE OF ORDINANCES AMENDING SECTION 12-2 AND 12-3 THEREOF; TO IDENTIFY THE LOCAL PLANNING AGENCY FOR THE CITY OF OKEECHOBEE; PROVIDING FOR AN EFFECTIVE DATE". 2. a) Council Member moved to adopt proposed Ordinance No. 744; seconded by Council Member b) Public comment. CAW i VOTE: YES NO ABSENT ABSTAINED KIRK ✓ CHANDLER ✓ MARKHAM ✓ OLIVER / WATFORD c) Vote on motion. MOTION: (IED - DENIED D.1. a) Council Member moved to read by title only proposed Ordinance No. 745 regarding the Technical Review Committee - City Attorney (Exhibit 4); seconded by VOTE: YES NO ABSENT ABSTAINED Council Member KIRK CHANDLER ✓ MARKHAM v OLIVER J� b) Vote on motion to read by title WATFORD r/ only. MOTION: CARRIED - DENIED c) Attorney Cook read proposed Ordinance No. 745 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 12, ARTICLE II CODE OF ORDINANCES; AMENDING SECTION 12-13 AND 12- 14 THEREOF; ESTABLISHING DUTIES OF TECHNICAL REVIEW COMMITTEE; /J �ESTABLISHINGAN ImEFFECTIVE�'. roosed ' l !)C t' 2. a Council Memb r moved to ado t Ordinance 745seconded b P P P � � Y Council Member Pt • • Page -6- B. Discuss a Utility Permit Fee Resolution No. 00-3 - City Administrator/City Attorney (Exhibit 5). I 690 09 VO Lp I'I Page -7- C. Discuss recommendation from engineers regarding the installation of a water line along Southwest 2nd Avenue - City Administrator (Exhibit 6). kaelkX?U i Page -8- �111. NEW BUSINESS. A. Council Member moved to appoint Terisa Suarez to the General Employee's Pension Fund, Board of Trustees, term - March 21, 2000 through November 30, 2001 - City Clerk (Exhibit 7); seconded by Councll�ember VOTE: YES NO ABSENT ABSTAINED DISCUSSION: KIRK CHANDLER _ MARKHAM ✓ OLIVER WATFORD r MOTION: Cfc013 — DENIED I S. Discuss a request from NUI City Gas Company of Florida for a Franchise to provide Natural Gas _Service in Okeechobee - Michael Palecki/George Lane (Exhibit 8). C.at2e RX/ ��i�„/Z .."' �i vV �/�i YG�'�'( -lit-JS---• �_ `�-vU �{�Q..�,,� -Z&462t� J _ c�t �1%N L��e� �'J "� ✓V w� ,� (! _ ✓ice c�C"a � � �' /L� �� a � _ O • n.l Page -9- C. 9. a) Council Member . moved to read by title only and set April 4, 2000 as a Public Hearing date for proposed Ordinance No. 746 regarding telecommunications - City Attorney (Exhibit 9); seconded by cil Member b) Vote on motion to read by title only and set Public Hearing date. VOTE: YES NO ABSENT ABSTAINED KIRK CHANDLER MARKHAM OLIVER ✓ WATFORD MOTIONED — DENIED c) Attorney Cook read proposed Ordinance No. 746 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990, DEFINITION OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING I SECTION 680 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOIE AN EFFECTIVE DATE". 2) Coyincil Mem &er—o � moved to approve the first reading of proTMed Ordinance No. 746; seconded by Council Member I b) Public comment.��4 " T de- i J� c) Vote on motion. I4 I� VOTE: YES NO ABSENT ABSTAINED KIRK CHANDLER MARKHAM OLIVER WATFO RD MOTION: C RI —DENIED • • Page -10- D.1. a) Council Member moved to read by title only and set April 4, 2000 as a Public Hearing date for proposed Ordinance No. 747 regarding fire hydrants - City AttorneyvoTE: YES NO ABSENT ABSTAINED (Exhibit 10); second d KIRK Council Member///+v CHANDLER MARKHAM r/ I VER �c/ b) Vote on motion to read by title W OLIVEP, � only and set Public Hearing date. MOTION: C RI D — DENIED c) Attorney Cook read proposed Ordinance No. 747 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING FORMER SECTION 18-37 CODE OF ORDINANCES; PROVIDING FOR REGULATIONS FOR INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR INSTALLATION AND EXTENSION OF LINES AND PLACEMENT OF HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING PERMITS; PROVIDING FOR INSPECTION, REVIEW AND REPAIR OF RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE". 2. a) Council Member k(moved tQ approve the first reading of proposed Ordinance No. 747; seconded by Council Member b) Public comment. Vote on motion. VOTE: YE5, NO ABSENT ABSTAINED KIRK CHANDLER MARKHAM i OLIVER r WATFORD MOTION: RIE — DENIED • Page -11- E.1. a) Council Member moved to read by title only and set April 18, 2000 as a Public Hearing date for proposed Ordinance No. 748 regarding o ing the alley in Block 154 - City Attorney (Exhibit 11); seconded by Council Member _ b) Vote on motion to read by title VOTE: YES NO ABSENT ABSTAINED only and set Public Hearing KIRK ✓ CHANDLER date. MARKHAM i c) Attorney Cook read proposed OLIVER Ordinance No. 748 by title WATFORD only: "AN ORDINANCE CLOSING, VACATING MOTION: CED - DENIED i' AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 154, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, 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". �~ �' 2. a) �un e�r moved t� a the first reading of proposed Ordinance No. 748; seconded by Council Member b) Public comment. c) Vote on motion. VOTE: YES NO ABSENT ABSTAINED KIRK / CHANDLER MARKHAM OLIVER i WATFORD MOTION: q ®RRD - DENIED 1 ' • F. Consider amending the Land Development Re Pu9e -12- Board of Adjustments - City Attorney. Regulations to permit Re -hearings before the �� j,- ,� bLf L�q� �/// �t/�-,�(�` JQ/`/ - j'/ t a, t.vLC `� `% A'11l•1 �jJ .,, ti%CAA L!� '��i/" _ _ ' `-'C_ � � � � ✓'�L/J t �CQ �jC� `"' '��""�� (. i0.,� ` '��ts�7/w _ /�'„ �_N��L��fi1'� • - Wei r _� Ole V > �w 4ry, Page -I- CITY OF OKEECHOBEE CITY COUNCIL REGULAR MEETING - March 21, 2000 HANDWRITTEN MINUTES CALL TO ORDER: - Mayors-, ' Marc .22. 2000. City CounciL1Ze�ulticr M rru OPENING CEREMONIES: Invocation offered by ReverendsTC#w iudAovw Pledge of Allegiance led by Mcwor MAYOR, COUNCIL AND STAFF ATTENDANCE - Present I Absent Mayor Kirk Council Member Chandler ✓ Council Member Markham Council Member Oliver Nell Council Member Watford Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea MINUTES - City Clerk. A. Council Member �-- Summary of Council Action for the March 7, 2000 Regular Meeting; seconded by Council Member AMO DISCUSSION: I moved to dispense with the reading and approve the VOTE: KIRK CHANDLER MARKHAM OLIVER WATFORD YE5 NO ABSENT ABSTAINED MOTION: RR - DENIED v AGENDA - Mayor. i A. Requests for the addition, deferral or withdrawal of items on today's agenda. i' 'i J VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayorrl A.1. a) Council Member -Dui) moved to read by title only proposed Ordinance No. 742 amending the LDR's regarding Temporary Structures - City Attorney (Exhibit 1); seconded by Council Member Tb6 I,. b) Vote on motion to read by title VOTE: only. KIRK CHANDLER (' c) Attorney Cook read proposed MARKHAM Ordinance No. 742 by title only OLIVER as follows: "AN ORDINANCE WATFORD OF THE CITY OF YES NO ABSENT ABSTAINED r OKEECHOBEE, FLORIDA MOTION: - DENIED AMENDING ORDINANCE �i hA Page -2- NO.716, LAND DEVELOPMENT REGULATIONS, SECTIONS 680, 681, THERETO ELIMINATING TEMPORARY PRODUCE STANDS AS A PERMITTED TEMPORARY USE; INCLUDING OFF -PREMISES MOTOR VEHICLE SALES AS A PROHIBITED TEMPORARY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member L ` 1 moved to adopt proposed Ordinance No. 742; seconded by Council Member _ .�3. b) Public comment. K_)CiL U11 1 4y- "I VOTE: YES NO ABSENT ABSTAINED �'o So KIRK KIRK � CHANDLER CWRQ_(� A� 1 J MARKHAM f OLIVER ✓ �- r CAL Q,Q,Qcv `F D10 WATFORD ✓ c) Vote on motion. ,i MOTION: ARRIED — DENIED �-t a , cS FJc of CUc C'crh- ci) . 36 OL Qka C �V nnn B.1. a) Council Member _ moved to read by title only proposed Ordinance No. 743 regarding adult entertainment establishments - City Attorney ` cf (Exhibit 2); seconded by VOTE: YES NO ABSENT ABSTAINED Council Member KIRK l� CHANDLER MARKHAM ✓ Nv b) Vote on motion to read by title OLIVER only. WATFORD !/ c) Attorney Cook read proposed MOTION: RIE — DENIED Ordinance No. 743 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER I I, ARTICLE III OF THE CODE OF ORDINANCES BY RESCINDING ORDINANCE NO 720 AND ENACTING AN ORDINANCE TO REGULATE ADULT ENTERTAINMENT ESTABLISHMENTS AND TO CREATE REGULATIONS REGARDING THE LOCATION AND CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY OF OKEECHOBEE; SETTING FORTH FINDINGS AND DECLARING INTENT; DEFINING TERMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE; PROVIDING FOR CONSENT TO ENTER PREMISES; PROVIDING FOR THE REQUIREMENT OF AN ADULT ENTERTAINMENT ESTABLISHMENT PERMIT; PROVIDING FOR CLASSIFICATIONS OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING PERMITTING REQUIREMENTS, TERMS, RECORDS, FEES, EFFECT OF CONVICTIONS, CHALLENGES, AND HEARINGS; PROVIDING FOR DISTANCE AND ZONING RESTRICTIONS; PROVIDING FOR LIMITATION ON CONSUMPTION OF ALCOHOL; PROVIDING i I Page -3- FOR GENERAL OPERATIONAL RULES; PROVIDING FOR CRIMINAL PROVISIONS; PROVIDING FOR PROHIBITIVE ACTS; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." i 2. a) Council Member --a) moved to adopt proposed Ordinance No. 743; seconded by Council Member DLO b) Public comment. i 7 � FYOS F ais- rx QL0 i I C) Vote on motion. A i VOTE: YES NO ABSENT ABSTAINED KIRK CHANDLER -s+� MARKHAM OLIVER WATFORD MOTION: — DENIED .� %, Page -4- C.1. a) Council Members moved to read by title only proposed Ordinance No. 744 regarding the local Planning Agency - City Attorney (Exhibit 3); seconded by Council VOTE: YES NO ABSENT ABSTAINED Member --j"gP'LM KIRK CHANDLER b) Vote on motiol► to read by title MARKHAM r only. OLIVER WATFORD c) Attorney Cook read proposed MOTION CARR E — DENIED Ordinance No. 744 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 12, CODE OF ORDINANCES AMENDING SECTION 12-2 AND 12-3 THEREOF; TO IDENTIFY THE LOCAL PLANNING AGENCY FOR THE CITY OF OKEECHOBEE; PROVIDING FOR AN EFFECTIVE DATE". 2. a) Council Member 64,M moved to adopt proposed Ordinance No. 744; seconded by Council Member 4 tf' b) Public comment. 000, , c) Vote on motion. VOTE: YES KIRK _ CHANDLER MARKHAM OLIVER v WATFORD �- NO ABSENT ABSTAINED MOTION: RI - DENIED D.1, a) Council Member "'Oto moved to read by title only proposed Ordinance No. 745 regarding the Technical Review Committee - City Attorney (Exhibit 4); seconded by VOTE: YES No ABSENT ABSTAINED Council Member KIRK Lin CHANDLER b) Vote on motion to read by title only. MARKHAM _� OLIVER v WATFORD c) Attorney Cook read proposed MOTION C RR IE - DENIED R IJ Ordinance No. 745 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 12, ARTICLE 11 CODE OF ORDINANCES; AMENDING SECTION 12-13 AND 12- 14 THEREOF; ESTABLISHING DUTIES OF TECHNICAL REVIEW COMMITTEE; u4A- ESTABLISHING AN EFFECTIVE DATE". ! 4C - Ord pA"OUD ice QAU►�) L&zs, TV, bov-rL4o-ftPt t 2. a) Council Member TS-0 moved to adopt proposed Ordinance No. 745; seconded by Council Member TZ-AX) Page-5- b) Public comment. VOTE: YES NO ABSENT ABSTAINED { KIRK _�- i CHANDLER A-- MARKHAM OLIVER WATFORD i 4 c) Vote on motion. MOTION: RRI — DENIED I CLOSE PUBLIC HEARING - Mayor r) N V, ll. UNFINISHED BUSINESS A. Discuss the City's residency requirement - Mayor Kirk. -ScIllut ��PL C6 t-� vvz�� do? C� jb� AAJ�U� LhZA- �-� toa,�t+ xru emu- J10ja4- r (Z��a 64 4 01 It& P� ©� �11 LM - l OA L ll/--�,-( I Page -6- B. Discuss a utility Permit Fee Resolution No. 00-3 - City Administrator/City Attorney (Exhibit 5). UY�tev- r1kW P aj cam- � _ - - dD C� � rf YA U�KL� j ! Page -7- C. Discuss recommendation from engineers regarding the installation of a water line along Southwest 21 Avenue - City Administrator (Exhibit 6). �II l� ,I NIII. NEW BUSINESS. ___ A. _ Council Member moved to appoint Terisa Suarez to the General Employee's ` Pension Fund, Board of Trustees, term - March 21, 2000 through November 30, 2001 - City -- -- C4erk (Exhibi y-seconded-4-- --- --- — Council Member VOTE: YES NO ABSENT ABSTAINED `-------- -- -- i __- --- KIRK—_ _—__�-__------ ---_ _- --- -- - - - ---- 1 DISCUSSION: CHANDLER MARKHAM s.- i n Ohl- — -- -- - - - - ------ OLIVER— i+ WATFORD [.-- MOTION: RRII — DENIED B._ __ _ D1scws a request from NUI City Gas Compaq of Florida for a Franchise to provide Natural j Gas Service in Okeechobee - ichael Paleckueorge Lane (Exhibit 8). _ -,,3 U _ _' - --S�L -Wt4 - C _ - - - "-- A-1 ? ---f 10t- Q7�F ---�c��a � _c -- Utp ' _ ' --- i--�----- �---'- ` - - --- ------- i' � - - -- - - - - --------'-----'--'--- — --- - ---!- -- -- . ` . � � Ali FAA," ktje,� ch ' '— -- - - --------------- - - -- -- | -" - - - -- - ------- - -- -- -- - - --------- --- -- --- ---- 7-- ------- . . -. _--_ - /� � ^'« ' ' ` q/) � - m/ - - ---- ----- ------ ----- ----- - -� --- ' F�� --'- ------- ------- '------ -' ------''- -- ---------- -- --- --'---- ' - - l- - --" - [}�l �l'�- --- � (�� / - L/ '�i�J/ / �� o Vu/ K ~ ^/ ^/ o��/ u» ��«J�� . . . . ^^ . � -�1_. / \J�)� �� -�� j /rY\ �&�l 'cyV� | ~`�� «v�� -= / 0� � / �� -�'~'`�'�.u! ' • ----C t I) CUU1 is,`;X6111ml uvW twead bydJeonly and setA-pM4,-2000asaP-ubrjc--- " m Hearing date for proposed D ffl manse Nni -c-e- No. 7 4 6 - regarding VOTE: YE5 NO ABSENT ABSTAINED telecommunications - City Attorney (Exhibit 9); seconded CHANDLER v ijn OLIVER b) Vote on motion to read by title ana set HUDIIC Hearing MU date. ------- AyronkMafiDroi)osed0rd'nanceNo746hytteon�asfollowsa ANORDINANcE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990, _DEFINITION OF TERMS BYADDING THE DEFINITION COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 380 INCLUDING COMMUNICATION I OWE AND - COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; _ PRUV IUINU Fait REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE", -dQ_7 WU-W to C _-Council Member =ved to approve the fi reading _()r anGe- No. 746; seconded by Council Member 750 1 Posed & TAIA vff up sc, NOR- b) Public comment, PW 5_1 '�UjftA 4-9 ()-U C) Vote on motion VOTE: YES NO ABSENT ABSTAINED KIRK CHANDLER MARKHAM -OLIVER - __ __j__ WATFORD 4- MOTION: DENIED D. 1. a) Council Member Hearing -date f or _pmpoaed Ordinance No. 747 regarding fiFe hydrants, - (Exhibit 10); seconded by Pa!9e -10 moved to read by title only and set Aphi 4, 2000 as a Public --- VOTE: YE5 NO ABSENT ABSTAINED KIRK CHAN-PLEP,- MARKHAM OLIVER t b) on motion o read by titre WATFO -"nl and set,Public Hearing • date. MOTION:±:IE- DENIED c) Attorney Cook read proposed , "C1 fit`Ordinance No. 747 by tMe only as fellemAN ORDINANCE OF THE OKEECHOBEE FLORIDA AMENDING FORMER SECTION 18-37 CODE Ur UKIJ11VANtr_*; PROVIDING FOR REGULATIONS-FOR7-- ---- _,INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDAKIr-b AMTY-OF OKFF(-HnRFP; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR A, L EMENT OF -- HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING t'r-KIN111 Ib; r rw v wirIG FOR INSPECTION-i- REVIEW AND REPAIR -OF ---- - - RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE 2. a) Council Member moved to approve the first reading of proposed Ordinance No. '7A-7 A -A k ffi^il 4 1, sewnOW3 By eillolembw -b)— FUbI1CCorh_Men1t.______ LM -- 04, pdpaud_ iv rnai�_ a- _qk4;o__ hwiL —owio MOTE:----- YES KIRK -CHANDLER MAMHAM WATFOPI) DENIED ------ - Fete on notion--- - MOT100CARRIIE0 E.1. a) Council Member moved to read* ttit o�y anc�set pin -- - - _ }{ dat for QLdlnanm.No. 748 regardin closing the alley in Block -154 - City Attorney (Exhibit 11); seconded by Council.Member b) - Vote on motion to read by title VOTE: YES NO ABSENT ABSTAINED only and set"Fublic hearing KIRK- - -.----mac -- CHANDLER �--, --- - - date. 4AARX44AM - -- - - - --- r.}-- -Attomey_ Cook reronosed OLIVER t� -- Ordinance No. 748 by title IN CLOSING, VACATING AND AMANUUMING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 164, CITY OF `_ - - - - - - - -- OKEECH08tt, A5 t<itt;uKurw iN1-PLATB00K1-,PA8E--5; 4JBLl1C ---- - - - RECQRDS,OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE IJUOLKt Kr-#6UKUQ - - - DF TmE-�cLERK-OP.THE C RC1t COURT IN AND FOR OKEECHOBEE _ COUbtTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE". 2. Council Member (BUJ moved to approve the first reading of proposed Ordinance No. 748-,seco-6-d yZoun-cillVIem-b-er-- - - - - - - - ---- - - - --_ ___- - -- b) Public comment. _ TCM a o © VOTE: YE$ f�TO ABSEN 1 Ak 1 AINW- ---- --- - - --- - ---- - -- -- KIRK v --- - - - --- -- --- CHANDLER ✓ - -- - - -- - - - — -- - MARKHAM _ -- - — - - -- - OLIVER - (f c) Vote on motion. - --- - - --- ----- - i+ - - ---- - --- - -{1q0 - -DENIED- - - - � l i -- - --- - --- ----------- --- --- -F-- -- �o�sfder amerrdi KJ-ft Land -De etapmentRegatatiul la lu ,al 11l;± R�-I ical iys before the --- Board of Adjustments - City Attorney. - -- --- := -4►. ---- -- i k Lai V rtru C- _ �L -- • IV. V. to; OxlEc�O . 3_ CITY OF OKEECHOBEE MARCH 21, 2000 REGULAR MEETING OFFICIAL AGENDA PAGE 1 OF 5 CALL TO ORDER - Mayor: March 21, 2000, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation offered by Reverend Jim Hudson; Pledge of Allegiance led by Mayor. 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 City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 7, 2000 Regular Meeting. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 742 amending the LDR's regarding Temporary Structures - City Attorney (Exhibit 1). MARCH 21 , 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 5 VI. PUBLIC HEARING CONTINUED. A. 1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 742 by title only. 2. a) Motion to adopt proposed Ordinance No. 742. b) Public comment. c) Vote on motion. B. 1. a) Motion to read by title only proposed Ordinance No. 743 regarding adult entertainment establishments - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 743 by title only. 2. a) Motion to adopt proposed Ordinance No. 743. b) Public comment. . c) Vote on motion. C. 1. a) Motion to read by title only proposed Ordinance No. 744 regarding the Local Planning Agency - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 744 by title only. 2. a) Motion to adopt proposed Ordinance No. 744. b) Public comment. MARCH 21 ,, 2000 - CITY Comm AGENDA - PAGE 3 OF 5 VI. PUBLIC HEARING CONTINUED. C. 2. c) Vote on motion. D. 1. a) Motion to read by title only proposed Ordinance No. 745 regarding the Technical Review Committee - City Attorney (Exhibit 4). . b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 745 by title only. 2. a) Motion to adopt proposed Ordinance No. 745. b) Public comment. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. UNFINISHED BUSINESS • A. Discuss the City's residency requirement - Mayor Kirk. B. Discuss a Utility Permit Fee Resolution No. 00-3 - City Administrator/City Attorney (Exhibit 5). C. Discuss recommendation from engineers regarding the installation of a water line along Southwest 2' Avenue - City Administrator (Exhibit 6). VIII. NEW BUSINESS. A. Motion to appoint Terisa Suarez to the General Employee's Pension Fund, Board of Trustees, term - March 21, 2000 through November 30, 2001 - City Clerk (Exhibit 7). MARCH 21, 2000- CITY COUNCIL AGENDA - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. B. Discuss a request from NUI City Gas Company of Florida for a Franchise to provide Natural Gas Service in Okeechobee - Michael Palecki/George Lane (Exhibit 8). C. I. a) Motion to read by title only and set April 4, 2000 as a Public Hearing date for proposed Ordinance No. 746 regarding telecommunications - City Attorney (Exhibit 9). • b) Vote on motion to read by title only and set Public Hearing date. c) City Attorney to read proposed Ordinance No. 746 by tide only. 2. a) Motion to approve the first reading of proposed Ordinance No. 746. b) Public comment. c) Vote on motion. D. I. a) Motion to read by title only and set April 4, 2000 as a Public Hearing date for proposed Ordinance No. 747 regarding fire hydrants - City Attorney (Exhibit 10). b) Vote on motion to read by title only and set Public Hearing date. • c) City Attorney to read proposed Ordinance No. 747 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 747. b) Public comment. c) Vote on motion. E. I. a) Motion to read by title only and set April 18, 2000 as a Public Hearing date for proposed Ordinance No. 748 regarding closing the alley in Block 154 - City Attorney (Exhibit 11). b) Vote on motion to read by title only and set Public Hearing date. MARCH 21 t 2000- CITY COUNCIL AGENDA - PAGE 5 OF 5 VIII. NEW BUSINESS CONTINUED.Z. E. I. c) City Attorney to read proposed Ordinance No. 748 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 748. b) Public comment. c) Vote on motion. F. Consider amending the Land Development Regulations to permit Re -hearings before the Board of Adjustments - City Attorney. IX. 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. is EXHIBIT 1 - 3/21 AGENDA ORDINANCE NO. 742 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, SECTIONS 680, 681, THERETO ELIMINATING TEMPORARY PRODUCE STANDS AS A PERMITTED TEMPORARY USE; INCLUDING OFF - PREMISES MOTOR VEHICLE SALES AS A PROHIBITED TEMPORARY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the existing Land Development Regulations (LDR's) Ordinance No. 716 are inconsistent in certain respect with existing ordinances; and WHEREAS, Section 680 thereof defining permitted temporary uses within the City of Okeechobee is inconsistent with the provisions of Chapter 10 of the Code of Ordinances; and WHEREAS, the City Council finds specifically that the proposed amendments herein are consistent with the Comprehensive Plan for the City of Okeechobee, Florida; and WHEREAS, the City is authorized by the provision of Florida Statues Chapter 163 to enact and amend LDR"s from time to time, so long as same are consistent with the Comprehensive Plan. Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that the provisions of Sections 680, 681 of the LDR's, Ordinance No. 716, are hereby amended as follows (new language underlined; deleted language is stFUslE threes): 680 TEMPORARY STRUCTURES Temporary structures shall be subject to the following Regulations. Public emergency structures; and public structures in public parks, are exempt from these sections. 681 TEMPORARY STRUCTURES BY TEMPORARY PERMIT The following temporary structures may be permitted upon the issuance of a temporary permit, subject where applicable to additional restrictions and, reauirements as set forth in Chapter 10. Section 10-77. Code of Ordinances. and requirements of the City Licenses and Business Regulations. 1 Temporary Structures In Connection with a Development Permit Temporary construction office, real estate office, watchman's office and model home on the property under development. 2 Temporary Structures to a Commercial or Industrial Use Stand, booth, or similar temporary structure which is an extension of the existing principal use in a commercial or industrial district, subject to the following Regulations; the applicant shall: Page 1 of 3 a Produce proof that it is the principal use applicant's inventory being sold. b Not erect the structure for more than 15 days, 4 times a year. c Meet all required setbacks and off-street parking Regulations of the district in which the structure is located, and all required sign Regulations. 3 Temporary Produce Stand Temporary produce stands are not a aermitted use within the Citv of Okeechobee pursuant to Chapter 10. Section 10-77. Code of Ordinances subjee;t to the following Regulations; the appliGant shall.: a R b R 4 Other Temporary Structures Other temporary structures subject to the following Regulations: a Christmas tree, fireworks and similar seasonal sales operated by a non-profit organization. b Carnival, circus, fair or other special event operated by a non-profit organization on or abutting their principal use. c Commercial carnival, circus or fair in commercial or industrial districts. d Similar temporary structures where the period of use will not exceed 30 days a year. 5 Temporary Off -Premises Sales, Tent Sales, Outdoor Auctions Temporary off -premises sales, tent sales and outdoor auctions may be permitted for non-profit organizations in commercial and industrial districts, subject to the following Regulations; such applicant shall: a Have written permission of the property owner. b Not erect the structure for more than 15 days a year. c Meet all required setbacks and off-street parking Regulations of the district in which the structure is located, and all required sign Regulations. d Remove all debris within 48 hours of expiration of the permit. e Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $200,000 per occurrence. 6 Temporary Off -Premises Motor Vehicle Sales, Temporary off -premises motor vehicle sales are not a permitted use within the City of Okeechobee pursuant to Chapter 10. Section 10-77. Code of Ordinances., CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. r SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Page 2 of 3 EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. Introduced for first reading and set for final public hearing on this 71 day of March, 2000. E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and final public hearing this 211" day of March , 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: (z John R. Cook, City Attorney Page 3 of 3 EXHIBIT 2 - 3 / 21 AGENDA � OKt�CyA • i ff4� r g� _ inter ft MEMORANDUM To: Mayor and Council Members From: John R. Cook, City Attorney Subject: Proposed Ordinance No. 743 - Adult Entertainment Establishments Date: March 15, 2000 At the first reading of proposed Ordinance No. 743 the following amendments were discussed: 1. Page 15, Section 11-80 Permitted Locations. Paragraph B, add item seven, "Two Hundred (200) feet of a pre-existing government facility, and any half -way house." 2. Delete Paragraph B of Section 11-81 on Page 15 which allows a variance from distance requirements. If Council wishes to amend the ordinance with these changes, an amendment would need to be made by motion. Just a reminder, there will be an additional ordinance presented to Council with proposed amendments to Chapter 10 of the Code Book. Thank You. • • ORDINANCE NO. 743 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 11, ARTICLE III OF THE CODE OF ORDINANCES BY RESCINDING ORDINANCE NO 720 AND ENACTING AN ORDINANCE TO REGULATE ADULT ENTERTAINMENT ESTABLISHMENTS AND TO CREATE REGULATIONS REGARDING THE LOCATION AND CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY OF OKEECHOBEE; SETTING FORTH FINDINGS AND DECLARING INTENT; DEFINING TERMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE; PROVIDING FOR CONSENT TO ENTER PREMISES; PROVIDING FOR THE REQUIREMENT OF AN ADULT ENTERTAINMENT ESTABLISHMENT PERMIT; PROVIDING FOR CLASSIFICATIONS OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING PERMITTING REQUIREMENTS, TERMS, RECORDS, FEES, EFFECT OF CONVICTIONS, CHALLENGES, AND HEARINGS; PROVIDING FOR DISTANCE AND ZONING RESTRICTIONS; PROVIDING FOR LIMITATION ON CONSUMPTION OF ALCOHOL; PROVIDING FOR GENERAL OPERATIONAL RULES; PROVIDING FOR CRIMINAL PROVISIONS; PROVIDING FOR PROHIBITIVE ACTS; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to protect and preserve the unique character of the City of Okeechobee as a family oriented attraction for families, tourists and businesses; and WHEREAS, failure of the City to ensure that adult entertainment activities and sexually oriented business are appropriately regulated would adversely impact the City insomuch as the City is a local government jurisdiction that Is very family oriented and encourages economic and tourism development; and WHEREAS, the City Council finds and determines that the provisions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which is or could be adverse to public order, health, safety, morals and welfare within the City of Okeechobee; and WHEREAS, the passage of this Ordinance is necessary to preserve the basic character of the City of Okeechobee; and WHEREAS, it is the intent of the City Council to establish reasonable and uniform regulations that will protect the health, safety, peace, morals, and general welfare of all the people of the City of Okeechobee, Florida. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OKEECHOBEE HEREBY ORDAINS: SECTION ONE. The City of Okeechobee Code of Ordinances is hereby amended by amending Chapter 11, Article III Section 11.51 through Section 11-59 which said chapter shall read as follows: ARTICLE III. ADULT ENTERTAINMENT ESTABLISHMENTS Section 11.51. Title. This Ordinance shall be known and may be cited as the "Adult Entertainment Code." Section 11-52. Authority. This Code is enacted under the home rule power of the City of Okeechobee in the interest of the health, safety, peace, and general welfare of the people of the City of Okeechobee and under the authority of the City to regulate the sale and consumption of alcoholic beverages under the Twenty -First Amendment to the Constitution of the United States. Section 11-53. Purpose. It is the purpose of this chapter to regulate adult entertainment businesses to promote the health, safety, morals, and general welfare of the citizens of the City of Okeechobee, and to establish reasonable and uniform regulations to prevent the deleterious effects of location and concentration of adult entertainment businesses within the City. The provisions of this ordinance have neither the purpose or intent of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, or other aspects of constitutionally protected speech. It is not the intent of the City Council to legislate with respect to matters of obscenity, as those matters are regulated by federal and state law. Similarly, It Is not the intent or effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of adult oriented material to their Intended market. Neither is it the intent or effect of this ordinance to condone or legitimize the distribution of obscene material. Page 1 of 23 Section 11.54. Findings of Fact. Okeechobee County has considered evidence and testimony presented at public hearings before the Okeechobee County Planning Board and the County Commission, and based upon the findings incorporated In studies conducted by other governmental units, Including but not limited to, the following studies prepared by other jurisdictions: Statistical synopsis of police calls to adult entertainment businesses (Stuart, Martin County, Florida,1993); Statistical synopsis of police response calls to adult entertainment businesses in St. Lucie County (1993); Correspondence by Florida State University Professor, Margaret A. Baldwin, Esq., as testimony on scholarly research regarding an adult business, (Tallahassee, Florida,1993); "Report on Adult Oriented Businesses in Austin," Texas (1985); "Adult Entertainment Businesses in Indianapolis, an Analysis," Indiana (1984); "The Impact of Adult Entertainment Centers on the Community of Tampa, Florida," (1982); "Study of the Effects of the Concentration of Adult Entertainment Establishments in the County of Los Angeles," California (1977); and findings of the Okeechobee County Sheriffs Department and the State Attorney's office detailing the secondary effects of and the potential for criminal activities associated with adult uses. The County further relies upon the findings incorporated in County of Renton v. Playtime Theaters, Inc., 475 U.S. 41,106 S.Ct. 925, 89 L.Ed. 2d 29 (1986); Young v. American Mini -Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed. 2d 310 (1975); Bonnell, Inc. v. Board of Adjustments, 791 P.2d 107 (Oki. App.1989), and has considered such other public input, research, and legal analysis which the City Council relies upon and believes to be relevant to problems associated with adult uses. The City determines that the enactment of a time, place, and manner ordinance regulating and addressing the adverse secondary effects of adult entertainment uses is an appropriate exercise of the City's home rule power in the interest of the health, peace, safety, morals, and general weltare of the people of the City of Okeechobee, Florida. Specifically, the City Council finds and'determines, based upon the foregoing, as follows: (A) Sexually oriented activities, including the sale of adult entertainment material and nude, semi-nude or topless dancing gives rise to prostitution, pandering, solicitation for prostitution, lewd behavior, exposing minors to harmful materials, possession, distribution, and transportation of obscene materials, sale or possession of controlled substances and violent crimes against persons or property; (B) When the sexual activities described in Subsection (A) are actively marketed in commercial establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described above, and ultimately force residents and businesses to move to other locations; (C) The activities described in Subsection (A) above often occur in establishments concurrent with the sale or consumption of alcoholic beverages, which concurrence leads to a further increase in criminal activity, unsafe activity, and disturbances of the peace and order of the surrounding community and creates additional hazards to the health and safety of customers and workers and further depreciates the value of adjoining real property harming the economic welfare of the surrounding community and adversely effecting the quality of life, commerce, and community environment; (D) In order to preserve and safeguard the health, safety, property values, and general welfare of the people, businesses and industries of the City, it is necessary and advisable for the City to regulate the sale or consumption of alcoholic beverages at adult entertainment establishments; (E) in order to preserve and safeguard the health, safety, property values, and general welfare of the people of the City, it is necessary and advisable for the City to regulate the conduct of owners, managers, operators, agents, workers, entertainers, performers, and customers at adult entertainment establishments; (F) The potential dangers to the health, safety, property values, and general welfare of the people of the City posed by allowing adult entertainment establishments to operate without first meeting the requirements for obtaining a permit under this Code are so great as to require the permitting of such establishments prior to their being authorized to operate; (G) Requiring operators of adult entertainment establishments to keep records of information concerning workers and certain recent past workers will help reduce the incidence of certain types of criminal behavior by facilitating the Identification of potential witnesses or suspects, expediting the investigation of the transmission of certain communicable and social diseases, and by making it difficult for minors to work in such establishments; (H) Prohibiting adult entertainment establishments from operating within certain distances of educational institutions, religious institutions, residences, libraries, areas zoned or designated for residential use, parks, and other protected areas at which minors are customarily found, will serve to protect minors from the adverse effects of the activities that accompany such establishments; Paap 2 of 23 (1) Straddle dancing, unregulated private per1orin m;ss, or physical contact or touching within adult entertainment establishments poses a threat to the health of both customers and employees and promotes the spread of communicable and social diseases. Straddle dancing is deemed primarily conduct rather than communication or expression; (J) Adult entertainment establishments involve activities which are pure conduct engaged in for the purpose of making a profit, wherein speech or expressive activity is non-existent or incidental thereto, and are therefore subject to and require increased regulation to protect the health, welfare, and safety of the community; (K) Physical contact or touching within adult entertainment establishments between workers and/or customers, wherein specified anatomical areas are exhibited, poses a threat to the health of both and promotes the spread of communicable and social diseases. Section 11-55. Definitions. The following words, terms, and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning. (A) Adult Arcade shall mean any place to which the public is permitted or invited wherein coin -operated or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the Images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." (B) Adult Book Store, Adult Novelty Store, or Adult Video Store means a commercial establishment which, as one of Its principal purposes, offers for sale or rental for any form of consideration any "adult material'. (1) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of "adult material' and still be considered as an adult book store, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being so categorized as long as one of the principal business purposes remains the offering for sale or rental for consideration the specified materials which consists of "adult material'; (2) The term "principal business purpose" shall include any such commercial establishment which: (a) Derives 25% of its gross revenues from the sale, rental, or distribution of; (b) Has 25% of his stock in trade, as measured by wholesale value, in; or (c) Devotes 25% or more of its interior business area to; the Inventory and/or materials described in Section 11-55(G) herein. (C) Adult Booth shall mean a small enclosed or partitioned area inside an adult entertainment establishment which is: (1) Designed or used for the viewing of adult material or performances, by one (1) or more persons; and (2) Is accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view "adult material." The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom. (D) Adult Cabaret shall mean a night club, bar, or bottle club as defined in Chapter 561, Florida Statutes (Beverage Law), restaurant, or other commercial business or establishment, whether or not alcoholic beverages are served, which regularly features: (1) Persons who appear in a state of nudity or semi -nudity; (2) Live performances, appearances or exhibitions which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or (3) Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Page 3 of 23 (E) Adult Encounter Center shall mean an adult entertainment establishment or similar commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: (1) Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex; or (2) Activities between male and female persons andlor persons of the same sex when one or more of the persons are in a state of nudity or semi -nudity. (F) Adult Entertainment Establishment shall mean any business specifically defined herein or any business, operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this Code, whose principal purpose involves "specified sexual activity" andlor "adult material," as defined herein. Specifically exempted from this Code are "legitimate art" theaters, galleries, and museums. (G) Adult Material shall mean any one or more of the following regardless of whether it is new or used, including but not limited to: (1) Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings, visual representations, tape recordings, or other audio or visual matter, which have as their primary or dominate theme, matter depicting, illustrating, describing, or relating to "specified sexual activities" or "specified anatomical areas"; or (2) Instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities, excluding bona -fide birth control devices. (H) Adult Motel shall mean any motel, hotel, boarding house, rooming house or other place of temporary lodging which: (1) Includes the word "adult" in any name it uses or otherwise advertises the presentation of films, motion pictures, video tapes, slides, or other photographic reproductions, which have as their primary or dominate theme matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas." The term "adult motel' is included within the definition of "adult theater;" or (2) Offers a sleeping room in exchange for any consideration for a period of time that is less than twelve (12) hours; or (3) Allows a tenant or occupant of a sleeping room to sublet for a period of time that is less than twelve (12) hours. (1) Adult Performance Establishment shall mean an establishment where any worker: (1) Engages in a private performance, acts as a private model, or displays or exposes any specified anatomical areas to a customer, regardless of whether the worker engages in dancing or any particular demonstrative activity; (2) Displays to a customer any covering, tape, pasty, or other device which simulates or otherwise gives the appearance of the display or exposure of any "specified anatomical areas," regardless of whether the worker actually engages in performing or dancing; (3) Offers, solicits, or contracts to dance or perform for or with a customer and accepts any consideration, tip, or compensation from or on behalf of that customer; or (4) Dances or performs for, within three (3) feet of a customer, and accepts any consideration, tip, or compensation from or on behalf of that customer. (J) Adult Theater shall mean any establishment where adult materials may be viewed or any establishment which has an auditorium, room, or an open air area which features films, motion pictures, video cassettes, slides, or other photograph reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas." (K) Alcoholic Beverage shall mean any beverage containing more than 1% of alcohol by weight, as determined in accordance with F.S. § 561.01(4)(b). Page 4 of 23 (L) Child Care Center shallmean an establishment that provides, on• regular basis supervision Y p , g pery sion and care for more than three (3) children unrelated to the operator for a period of less than twenty-four (24) hours a day and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for a profit, except that the following are not included: Public schools and non-public schools which are in compliance with the compulsory school attendance law (Chapter 232, Florida Statutes); summer camps having children In full-time residence; summer day camps; Bibls schools normally conducted during vacation periods; and any child care center which Is owned and operated by and located on the grounds of, or adjacent to, a religious institution. The term includes kindergartens, nurseries, nursery schools, day care centers and day nurseries. (M) Commercial Physical Contact shall mean: (1) To manipulate, wash, scrub, stroke, or touch for commercial pecuniary gain another person's body tissue directly or indirectly or through a media using any object, instrument, substance or device. (2) Exception: It is an affirmative defense to an alleged violation of this Code regarding engaging in commercial physical contact or operating a commercial physical contact parlor if the alleged violator, business, or establishment can establish membership In one of the following classes of persons or businesses in the activity alleged to be commercial physical contact as part of the bona fide practice of the profession or business of the person, which overlaps into the field regulated by this Code: (a) Persons permitted as a massage therapist or apprentice massage therapist pursuant to Florida Statutes, Chapter 480; (b) Persons permitted under the laws of Florida to practice medicine, surgery, dentistry, podiatry, or persons permitted as a physician's assistant or holding a drugless practitioner's certificate; (c) Registered nurses under the laws of Florida; (d) Barbers or beauticians permitted under the laws of Florida; (e) Cosmetologists permitted under the laws of Florida; (f) Tatoo artists permitted under Chapter 877.04, Florida Statutes; (g) Persons performing services in any hospital, nursing home or sanitarium permitted under the laws of Florida; (h) Instructors, coaches, or athletic trainers employed by or on behalf of any bona fide professional, Olympic, or sanctioned amateur athletic team, governmental entity or any bona fide state, county, or private educational institution; (1) Physical therapists permitted under the laws of Florida. (N) Commercial Physical Contact Parlor shall mean a business, establishment or place operated for commercial or pecuniary gain, or where any worker engages in commercial physical contact, or any business or establishment for which any portion is set aside, advertised or promoted as a place where commercial physical contact occurs such as a "body scrub salon," or "relaxation salon." (0) City means the City of Okeechobee. (P) Department means, the City Finance Department. Where not capitalized or In quotes, the term may mean as appropriate, City of Okeechobee General Services Department, Code Enforcement, Building and Zoning Division of General Services, City Police Department, City Administrator, and City Clerk, including their respective administrators, designee(s), employees, officers, or agents. (Q) Educational Institution shall mean a premises or site upon which there is an institution of learning for minors, whether public or private, which conducts regular classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Commission of Independent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, day care center, kindergarten, elementary school, junior high school, senior high school, or other special institutions of learning. Such special institutions shall include, but are not limited to, art, dance, music, gymnastics, martial arts, theater, or skating. However, the term "educational institution" does not include a premises or site upon which there is a vocational Institution of higher education, including a community college, junior college, four year college, or university. (R) Employee or Worker shall mean a person who works, performs, or provides services in and/or for an adult entertainment establishment, regardless of whether or not the person is paid a salary, wage, or Page 5 of 23 other compensation by the operator of the establishment. A person may be considered an employee or worker under this definition even if the person is an independent contractor, provided that the person has a substantial or consistent relationship with the business of, or entertainment/services provided by, the adult entertainment establishment. (S) Escort shall mean any person who, for commercial or pecuniary gain, compensation or gratuities agrees to, offers to go, or goes to any place, including a business, hotel, motel, residence, or conveyance to do any of the following acts: (1) Act as a companion or date for, or converse with, a customer; (2) Engage in physical contact with another person; (3) Provide private adult entertainment; (4) Engage in private modeling or private lingerie modeling; (5) Display specified anatomical areas; or (6) Engage in any specified sexual activity. (Nothing in this chapter shall be construed to legalize prostitution or other conduct prohibited by this Code or other law.)- (T) Escort Business, Service, or Agency shall mean any such person, business establishment, or place operated for commercial or pecuniary gain which does any of the following: (1) Offers or advertises that it can furnish escorts, private dancers, or private models; (2) Offers or actually provides, arranges, dispatches, or refers workers to act as an escort for a customer. (3) Exception: It is an affirmative defense that a business is not an escort service if the person seeking to invoke this defense can demonstrate that the business is a bona fide dating or matching service which arranges social matches for two (2) persons who each wish to meet a compatible companion when neither of said persons solicits, accepts, or receives any financial gain or any monetary tip, consideration, or compensation for the meeting. (U) Government Facility shall mean any municipal facility which is frequented, as a matter of regular business, by the public. It shall not include municipal facilities whose function is solely mechanical. (V) Half -Way House means any group home facility, whether public or private, which serves as a temporary residential living accommodation for persons who would otherwise be institutionalized. (W) Inspector shall mean an employee or officer of the City of Okeechobee Building Development - Code Compliance and Planning Divisions, Police Department, Health Department, Finance Department, or Fire Department who inspects premises licensed under this Code and takes or requires the actions authorized by this Code in case of violations being found on permitted premises, and who also inspects premises seeking to be permitted under this Code and takes or requires corrections of unsatisfactory conditions found on the premises. (X) Nudity or State of Nudity shall mean to display or expose at an adult entertainment establishment less than completely and opaquely covered: (1) Human genitals or pubic regions; (2) The cleavage of the human buttocks; or (3) The areola or the nipple of a human female breast. (Y) Operated for Commercial or Pecuniary Gain shall mean any attempt to generate income and shall not depend upon actual profit or loss. An establishment which has a permit issued under this chapter shall be presumed to be "operated for commercial or pecuniary gain." (Z) Operator shall mean any person who engages in or performs any activity necessary to, or which facilitates, the operation of an adult entertainment establishment, including but not limited to the lessee, manager, owner, doorman, bouncer, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist, or attendant. Page 6 of 23 (AA) Park shall mean a trac a land within the City which is kept for ornament and/or recreation whether or not maintained. (BB) Partial Nudity shall mean the showing of the human male or female buttocks or any portion thereof with less than a full opaque covering; the showing of the female breasts with less than a full opaque covering of any portion thereof; or the depiction of covered male genitals In a turgid state. (CC) Permittee shall mean any person whose application for an adult entertainment establishment permit under this chapter has been granted and who owns, operates, or controls the establishment. (DD) Permitted Premises shall mean any premises that requires a permit and that is classified as an adult entertainment establishment under this Code. (EE) Person means any individual, proprietorship, partnership, corporation, association, or other legal entity. (FF) Private Model shall mean any person who, for commercial or pecuniary gain, offers, suggests, or agrees to engage in a private performance, modeling, or display of "specified anatomical areas" to the view of a customer. (GG) Private Performance shall mean modeling, posing, or the display or exposure of any "specified anatomical area" by a worker of an adult entertainment establishment to a customer, while the customer is in an area not accessible during such display to all other persons in the establishment, or in which the customer or worker is totally or partially screened or partitioned during such display from the view of persons outside of the area. (HH) Prohibited Signs shall mean any sign that provides any visual representation or words that has as its primary or dominant theme matter depicting, illustrating, describing, or relating to "specified sexual activities" or "specified anatomical areas," as well as any other signs that are prohibited by Article XI (Sign Code) of City of Okeechobee, Florida. (11) Public Recreation Area shall mean public land which has been designated for recreational activities, including, but not limited to, community centers, nature trails, boating, picnicking, lake shore, Hoover dike area, parks, playgrounds, ball fields, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land. (JJ) Religious Institution shall mean a premises or site, including educational buildings, used primarily or exclusively by a tax-exempt, non-profit, recognized and legally established sect for the purpose of worship and related religious activities. (KK) Specified Anatomical Areas shall mean: (1) Less than completely and opaquely covered: (a) Human genitals or pubic regions; (b) Any part of the human buttocks; or (c) That portion of the human female breast encompassed within an area below the horizontal line one would have to draw to intersect a point Immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other conventional wearing apparel, provided the areola Is not so exposed; (2) Human male genitals in an erect or turgid state, even if completely and opaquely covered; (3) Any simulation of the foregoing. (LL) Specified Criminal Act shall mean: (1) A criminal violation of this Code; (2) A felony; (3) An offense under Chapter 794, Florida Statutes (Sexual Battery); (4) An offense under Chapter 796, Florida Statutes (Prostitution); Page 7 of 23 (5) An offense under Chapter 800, Florida Statutes (Lewdness; Indecent Exposure); (6) An offense under Chapter 826, Florida Statutes (Bigamy; Incest); (7) An offense under Chapter 847, Florida Statutes (Obscene Literature; Profanity); (8) An offense under Chapter 831, Florida Statutes (Forgery; Counterfeiting); (9) An offense under Chapter 837, Florida Statutes (Perjury); (10) An offense under Chapter 843, Florida Statutes (Obstructing Justice); (11) An offense under Chapter 849, Florida Statutes (Gambling); (12) An offense under Chapter 893, Florida Statutes (Drug Abuse Prevention and Control); (13) An offense under Chapter 895, Florida Statutes (Racketeering; illegal Debts); (14) An offense under Chapter 896, Florida Statutes (Offenses Related to Financial Transactions); (15) An offense under Florida Statute Chapters 775.0823 and 784 (Offenses Against Law Enforcement); (16) An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or City. (MM) Specified Sexual Activity shall mean: (1) Human genitals in a state of sexual stimulation, arousal, erection; or (2) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast(s); or (3) Sexual acts by either sex actual or simulated, including but not limited to: sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, pedophilia, lap or straddle dancing, any sexual act prohibited by law, masochism, sadism, or the touching, caressing or foundling of the breasts, buttocks anus, genitals or the simulation thereof. (NN) Straddle Dance also known as a "Lap Dance," "Face Dance," or "Friction Dance" shall mean either of the following acts at an adult entertainment establishment: (1) The use by a worker of any part of his or her body to touch the genital or pubic area of another person, or the touching of the genital or pubic area of any worker to another person. It shall be a straddle dance regardless of whether the "touch" or "touching" occurs while the worker is displaying or exposing any specified anatomical area. It shall also be a straddle dance regardless of whether the touch or touching Is direct or indirect; or (2) The straddling of the legs of any worker over any part of the body of another person at the establishment, regardless of whether there is a touch or touching. (00) Transfer of Ownership or Control of an Adult Entertainment Business means and includes any of the following: (1) The sale, lease, or sublease of a business; (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Section 11-56. Enforcement. The provisions of this Code may be enforced by: Page 8 of 23 • (A) A suit brought by theli y in any court of proper jurisdiction to restrain, or enjo in, prevent a violation of this Code; (B) Enforcement proceedings by the City of Okeechobee Code Enforcement Board or City Council; (C) Revocation or suspension of permit; (D) Criminal prosecution as provided by the Florida Statutes; or (E) Any and all other remedies allowed by law. Section 11-57. Appeals. (A) Authorized. An aggrieved party has the right to immediately appeal denial of a permit application or revocation or suspension of a permit to the Circuit Court in the Nineteenth Judicial Circuit of the State of Florida. An appeal to the Circuit Court must be filed within thirty (30) days of the mailing of the written notice of denial, revocation, or suspension by the City Administrator, or the Administrator's designee. (B) Immunity from prosecution. The City or any department shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon an adult entertainment establishment while acting within the scope of its authority under this Code. Section 11-58. Notice. Any notice required under this Code shall be accomplished by sending a written notification by certified mail, return receipt requested, to the mailing address set forth on the application for the permit, which shall be considered the correct address for service unless the Department has been otherwise notified in writing, or by personal service or delivery to the applicant or permittee. The permittee shall have the burden of proof of any current address change to the Department. Section 11.59. Consent To Enter Upon Premises. The owner of any adult entertainment establishment permitted pursuant to this Chapter shall be deemed to have consented to entry onto the premises by any Inspector of the City when such Inspector is acting within the scope of the Inspector's authority. [SECTIONS 11.60 thru 11-69 RESERVED] Section 11.70. Permit Required: Classifications. (A) Requirement. No adult entertainment establishment shall be allowed to operate without having been first granted an Adult Entertainment Permit by the Department under this Chapter. It shall be unlawful and a person commits a misdemeanor if he operates or causes to be operated an adult entertainment establishment without such permit. (B) Classifications. Adult entertainment establishment permits referred to in this Chapter shall be classified as follows: (a) Adult Book Store, Adult Video Store, or Adult Novelty Store; (b) Adult Performance Establishment; (c) Adult Theater; (d) Escort Business, Escort Service, or Escort Agency; (e) Adult Arcade; (f) Adult Cabaret; (g) Adult Motel; (h) Adult Encounter Center. Section 11-71. Application for Permit, Application Fee, Consent by Applicant. (A) Required. Any person desiring to operate an adult entertainment establishment shall file with the Department a sworn permit application on standard application forms supplied by the Department. (B) Contents of Application. The completed application shall contain the following information and shall be accompanied by the following documents: Page 9 of 23 (1) If the applicant is: (a) An individual, the individual shall state such individual's legal name and any alias and submit satisfactory proof that such individual is at least eighteen (18) years of age; (b) A partnership, the partnership shall state its complete name, the names and residential addresses and residential telephone numbers of all partners, whether general or limited, the names and addresses of all individuals under the age of eighteen (18), the residential address of at least one person authorized to accept service of process, and provide a copy of any existing partnership agreement; or (c) A corporation, the corporation shall state its name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacities of all officers, directors, and principal share holders, the name and address of the registered corporate agent for service of process, the name, residential address and residential telephone number of the person making the application for the corporation, and provide a copy of its articles of incorporation; (2) All business names and telephone numbers to be used by the establishment. If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name registration under Fla.Stat.§865.09; (3) Whether the applicant or any of the other individuals listed pursuant to Subsection (a) has, within the five (5) year period immediately preceding the date of the application, been convicted of a felony of any state or of the United States or any specified criminal act, and, if so, the specific crime involved, the date of conviction and the place of conviction; (4) Whether the applicant or any of the other individuals listed pursuant to Subsection (a) has had a previous permit under this Code suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to Subsection (a) has been a partner in a partnership or an officer, director, or principal stockholder of a corporation whose permit under this Code has previously been suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation; (5) Whether the applicant or any other individuals listed pursuant to Subsection (a) holds any other permits under this Code, and if so, the names and locations of such other permitted establishments; (6) The classification(s) of permit for which the applicant is filing; (7) The location of the proposed establishment, including a legal description of the property site, a legal street address, the name and address of the record title owner of the site, and a notarized statement of consent to the specific proposed adult entertainment use of the property from the owner of the property; (8) The applicant's mailing address, business address, residential address, and all business and residential telephone numbers; (9) A site and premises plan drawn to appropriate scale of the proposed establishment, including, but not limited to: (a) All property lines, rights -of -way, and the location of buildings, parking areas and spaces, curb cuts, and driveways; (b) All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, counters and similar stands; and (c) All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase of floor size; The sketch or diagram need not be professionally prepared but it must be drawn to a designated scale or drawn with marked dimensions of the Interior of the premises to an accuracy of plus or minus six (6) inches. The sketch or diagram shall designate any portion of the premises in which patrons will not be permitted. (10) A recent photograph of the applicant (if an individual); and Page 10 of 23 (11) The applicant's social security number or employer's tax identification number and either the applicant's driver's license number or the number of a state or federally Issued identification card. (C) Application Fee. Each application shall be accompanied by a non-refundable fee of Five Hundred Dollars ($500.00). Such application fee shall be used to defray the costs and expenses incurred by the various departments in reviewing applications. All application fees shall be subject to modification by resolution of the City Council. (D) False, Incorrect, or Incomplete Application. If the Department determines or learns that the applicant has falsely or Incorrectly completed an application or has not properly completed the application for a proposed establishment, the Department shall notify the applicant of such fact and the applicant will be allowed twenty (20) days to correctly complete the application. The revised or corrected application shall then be forwarded to the appropriate departments for further review. (The time period for granting or denying a permit under this Code shall be stayed during the period In which the applicant is allowed the opportunity to properly complete the application.) Upon receipt of a completed application, the time period for granting or denying a permit is extended by the additional time needed by the applicant to submit a revised application, such addition not to exceed twenty (20) days, wherein a complete application, including fees, will be tendered for approval. (E) Consent. By applying for a permit under this Code, the applicant shall be deemed to have consented to the provisions of this Code and to the exercise of the responsibilities under this chapter by the departments, employees, inspectors, or law enforcement officers of the City. Section 11.72. Processing of Application; Investigation; Findings. (A) Processing. Upon receipt of a complete application properly filed with the Department and upon payment of the non-refundable application fee, the Department shall immediately stamp the application with the date it was received and shall immediately thereafter send photocopies of the application and all attachments to the Fire Department, Police Department, Code Enforcement and the Building and Zoning Division of the General Services Department. (B) Investigation. Each department shall promptly conduct an Investigation of the applicant, application, and the proposed establishment, within such department's respective area of responsibility, to determine whether sufficient information was given on the application and whether the proposed establishment will be in violation of any provision of this chapter or of any building, fire, health, or zoning provision, code, ordinance, regulation, or court order. (C) Findings. After investigation, each department shall prepare a report and forward Its findings to the Department and shall state whether the department finds that false, Incomplete, or incorrect Information was given on the application and whether the proposed establishment will be in violation of any provision of this chapter or any applicable building, fire, health, or zoning provision. Section 11.73. Grant; Denial; Rejection. (A) Time Period For Granting Or Denying Permit. Except as time may be extended by Section 21(d), the Department shall grant or deny an application for a permit under this Article II within forty-five (45) days from the date of its properly completed filing. Upon the expiration of the designated period and payment of the appropriate annual fees, the applicant shall be permitted to begin operating the establishment for which a permit is sought, unless the Department notifies the applicant of a denial of the application and states the reasons for that denial. Granting of a permit under this section shall not substitute for obtaining the appropriate occupational license(s), a certificate of occupancy or completion where otherwise required, nor shall it substitute for any other requirement imposed by any other Code of the City. (B) Granting Of Application For Permit. If none of the departments have made a finding that would require that the application be denied, the Department shall grant the application, notify the applicant within seven (7) days of the granting, and issue the permit to the applicant upon payment of the appropriate annual permit fee required in this chapter. (C) Denying Of Application For Permit. (1) The Department shall review the findings reported by the departments and deny the application for any of the following reasons: Page 11 of 23 (a) The application contains materially false information or is incomplete or does not comply with Section 21 herein; (b) The appl°cant has failed to comply with Florida Statute Chapter 607 regarding corporations, Chapter 620 regarding partnerships, or Chapter 895.09 regarding fictitious names; (c)The granting of the application would violate a statute or ordinance, deed restriction, lease, or an order from a court of law which prohibits the applicant from obtaining an adult entertainment establishment permit; (d) The applicant or any other individual listed pursuant to Section 21(b)(1) has had a permit under this Chapter suspended or revoked by the Department. (2) If the application is denied, the Department shall, within seven (7) days, notify the applicant of the denial and the reasons for the denial. (D) Rejection of Application. If a person applies for a permit at a particular location within a period of nine (9) months from the date of denial of a previous application for a permit at the location, and there have been no intervening changes in the circumstances which would lead to a different decision regarding the former reason(s) for denial, the application shall be rejected. (E) Stay of Rejection. In the event there is a timely appeal of a rejection of the application then the rejection shall be tolled during the pendency of such appeal until such time as the appeal is withdrawn, dismissed, or denied. Section 11.74. Permits; Terms; Renewals; Expiration; Cancellation; Reports; Consent. (A) Contents. An adult entertainment permit shall state the name of the permittee, the name of the establishment, the street address of the establishment, the classification of the permit, the date of issuance, and the date of expiration. (B) Terms. All permits issued under this chapter shall be annual permits issued for a term of one (1) year from date of issuance. (C) Renewal. Permits shall be renewed annually. A permittee shall be entitled to a renewal of the annual permit by presenting the valid permit for the previous year, updating all information and procedures required under Section 11-71, except that a site plan pursuant to Section 1-71(9) need not be included unless alterations or modifications have been made since the last renewal, and by paying the appropriate annual permit fee. (D) Expiration and Cancellation. A permit which is not renewed under this Code by or before its expiration date shall expire automatically and be canceled summarily by the Department. (E) Reports and Records. Each permittee shall keep such records and make such reports as may be required by the Department and other departments, so as to implement this Chapter and to carry out its purpose. Whenever the information required by or provided on the application under Section 11- 71(B) has changed, it shall be the duty of the permittee to promptly report, in writing, to the Department the changed information. (F) Consent. By holding a permit, the permittee shall be deemed to have consented to the provisions herein and to the exercise of responsibilities under this Code by the various City departments. Section 11.75. Annual Permit Fees. (A) Levy of Permit Fees. There are hereby levied the following annual permit fees under this Code for an adult entertainment classification; which are also contained in Chapter 10 of the Code of Ordinances: (1) An Adult Bookstore only, $750.00. (2) An Adult Novelty Store only, $750.00. (3) An Adult Arcade only, $750.00. (4) An Adult Performance Establishment only, $750.00. (5) An Adult Theater only, $750.00. (6) An Escort Business, Escort Service, or Escort Agency only, $750.00. Page 12 of 23 0 0 (7) An Adult Cabaret only, $750.00. (8) An Adult Motel only, $750.00. (9) An Adult Performance Establishment only, $750.00. (10) An Adult Encounter Center only, $750.00. The annual permit fees collected under this Chapter are declared to be regulatory fees which are collected for the purpose: of examination, inspection, and the administration of adult entertainment establishments under this Code. These fees are in addition to and not in lieu of the occupational license fee which may be Imposed by other ordinances. All permit fees herein shall be subject to modification by resolution of the City Council. Section 11.76. Transfer of Permits. (A) Requirements. An adult entertainment permit is not transferrable to another person or entity by surrendering possession, control, or operation of the permitted establishment, An adult entertainment permit may be transferred to another person or entity only upon satisfaction of the following requirements: (1) A transferred permit is applied for to the Department by filing an application setting forth the Information called for under Section 11.71 of this Chapter, the application is processed, investigated, reviewed by the departments pursuant to Section 11-72; and (2) Satisfactory proof is provided that control of the establishment has been or will be transferred through a bona fide sale, lease, rental or other transaction; and (3) A transfer fee of Three Hundred Dollars ($300.00) is paid. (B) Effect of Suspension or Revocation Procedures. No permit may be transferred pursuant to Subsection (a) when the Department has notified the permittee of a pending suspension or revocation proceeding against the permit. (C) No Transfer To Different Location. The permittee shall not transfer such permit to another location. (D) Attempted improper Transfer Void. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void. Section 11.77. Changing Name of Establishment. No permittee may change the name of an existing adult entertainment establishment except 1) upon thirty (30) days written notice to the Department of the proposed name change, 2) payment of a name change fee of Fifty Dollars ($50.00), and 3) compliance with Florida Statute Section 865.09, as amended. Section 11-78. Suspension and Revocation of Permits. (A) Suspension For Illegal Transfer. In the event the Department has sufficient cause to know that a permittes has engaged in a permit transfer contrary to Section 11-76, the Department shall immediately notify the permittee of the violation and suspension of the permit The suspension shall remain in effect until documents which satisfy the requirements of Section 11.76 are filed with the Department and a transferred permit has been issued. (B) Suspension For Violation of Building, Fire, Health or Zoning Provision, Code, Ordinance, or Regulation. In the event a permittee is found to be in violation of a building, fire, health, zoning provision, code, ordinance, or regulation, whether federal, state or local, and the permittee fails to cure the violation within such time as is specified by the Code Enforcement Board or court, the Department shall promptly notify the permittee that the permit is suspended. Such suspension to remain in effect until the Department determines that the violation has been corrected. (C) Suspension For Illegal Conduct At Establishment. (1) Two Convictions. In the event two (2) or more violations of specified criminal acts occur either by a permittee, employee, or customer, at an adult entertainment establishment within a two (2) year period, and convictions result from at least two (2) of the violations, the Department Page 13 of 23 shall, upon receiving evidence of the two (2) convictions, notify the permittee of an immediate suspension of the permit for a period of thirty (30) days. (2) Additional Conviction Following Suspension. In the event one (1) additional violation of any specified criminal act occurs either by a permittee, employee, or customer, at the same adult entertainment establishment within a period of two (2) years from the dater of the last violation from which the conviction resulted for which the permit was suspended for thirty (30) days under Subsection (c)(1), but not including any time during which the permit was suspended for thirty (30) days, and a conviction results from the violation, the Department shall, upon receiving evidence of the additional conviction after previous suspension, notify the permittee of immediate suspension of the permit for a period of ninety (90) days. (D) Repeat Convictions Following Two Suspensions. in the event one (1) or more additional violations of any specified criminal act occurs at an adult entertainment establishment which has had a permit suspended for a period of ninety (90) days pursuant to Section 11.78(C)(2) and the violation occurs within a period of two (2) years from the date of the last violation from which the conviction resulted for which the permit was suspended for ninety (90) days, but not including any time during which the permit was suspended for ninety (90) days, the Department shall, upon receiving evidence of a conviction for the subsequent violation after two (2) suspensions, forthwith notify the permittee of the immediate revocation of the permit. (E) Revocation For False Information. In the event the Department receives evidence that a permit was granted, renewed, or transferred based upon false information, misrepresentation of fact, or mistake of fact, the Department shall forthwith notify the permittee of the pending revocation of the permit. (F) Transfer or Renewal. The transfer or renewal of a permit pursuant to this Chapter shall not defeat the terms of Subsection (c),(d), or (e). Section 11.79. Suspension and Revocation Proceedings. (A) Challenge to Suspension or Revocation. When the Department notifies a pennittee of the suspension or revocation of a permit, the suspension or revocation shall become final and effective twenty (20) days after mailing to the pennittee's address of record, or fifteen (15) days after personal delivery of the notice to the permittee or his agent, unless prior to the expiration of such period the permittee files with the Department a written response stating the reasons why the suspension or revocation is alleged to be an error or inappropriate and files a written notice of intent to challenge the suspension or revocation with request for a hearing. (B) Hearing on Suspension or Revocation. When a permittee files a written response and notice of intent to challenge a suspension or revocation, then within forty-five (45) days, a public hearing to determine if the suspension or revocation will become final shall be held before the City Council of the City of Okeechobee. The permittee shall be given no less than ten (10) days notice of such hearing. (C) Suspension for Delinquent Payments. A permit shall be automatically suspended during such time as permittee is delinquent for non-payment of any regular City fees, City, or county taxes, or annual adult entertainment permit fees. (D) Effective Date of Suspension or Revocation. The suspension or revocation of a permit shall take effect after the period has elapsed which was available to file a notice of challenge with the Department according to Subsection (a). (E) Effect of Final Revocation. If a permit is revoked, the permittee of the adult entertainment establishment shall not be allowed to obtain another adult entertainment permit for a period of five (5) years, and no adult entertainment permit shall be issued to any other entity for the location upon which the adult entertainment establishment was situated for a period of one (1) year. Section 11-80. Permitted Locations. (A) Zoning. Notwithstanding any other provision of this Code, adult entertainment establishments subject to this chapter may not be permitted in any area of the City except as permitted within the Industrial District with a Special Exception and within the provisions and conditions of this Code. (B) Distance Minimums. in addition to the foregoing, an adult establishment shall not be permitted to open, operate, or be enlarged so as to come within the following distances: (1) One Thousand (1,000) feet of a permitted, pre-existing adult entertainment establishment; Paae 14 of 23 0 (2) One Thousand (1000) feet of a pre-existinga pommercial establishment that in any manner sells or dispenses alcoholic beverages for on -premises or off -premises consumption; (3) One Thousand (1,000) feet of a pre-existing religious institution; (4) One Thousand (1,000) feet of a pre-existing educational institution, or library; (5) Five Hundred (500) feet of an area zoned for residential uses; (6) One Thousand (1000) feet of a park whether improved or not. Section 11.81. Measurement Of Distance. The distance from a proposed or existing adult entertainment establishment to a restricted use defined in Subsection (b) shall be measured by drawing a straight line between the closest property line of the proposed or existing adult entertainment establishment and the property line of the restricted use. In the case of a multi- use building located upon a single tract of land, the distance shall be measured by drawing a straight line between the outermost exterior wall of the unit within the multi -use building intended for use as an adult entertainment establishment and the outermost wall of the unit of the restricted use. (B) Variance from Distance Requirements. Upon proper petition, variances from the distance requirements of this Code may be granted by the Board of Adjustments and Appeals in accordance with the provisions of the City of Okeechobee Code of Ordinances. Section 11.82. Non -Conforming Uses. (A) An adult entertainment establishment in existence at the time this Chapter became effective and located in violation of this Chapter, may continue to operate for a period of one (1) year from the date this Chapter became effective and shall cease operation immediately upon the expiration of such period, unless it Is granted an adult entertainment establishment permit in accordance with the provisions of this Chapter. (B) When a non -conforming use of an adult entertainment establishment has been discontinued for sixty (60) consecutive days or more, the non -conforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site prior to its non -conforming use. [SECTIONS 11-83 through 11.89 RESERVED] Section 11.90. Nudity, Sexual Conduct Prohibited. (A) No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage, or any portion of the foregoing "specified anatomical areas," or any simulation thereof in any establishment at which alcoholic beverages, beer or wine are offered for sale or consumption on the premises. (B) No person maintaining, owning or operating an establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises shall suffer or permit any person to expose to public view the anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or simulation thereof, within any establishment at which alcoholic beverages, beer or wine are offered for sale or consumption on the premises. (C) No person maintaining, owning, or operating an establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises shall suffer or permit any female person to, nor shall any female person at such establishment, expose to public view any portion of her breasts encompassed within an area which falls below the horizontal line one would have to draw to intersect a point Immediately above the top of the areola or any portion of the areola, or any simulation thereof, within such establishment. This definition shall include the entire lower portion of the human female breasts, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, providing the areola Is not so exposed. (D) No person shall engage in and no person maintaining, owning or operating an establishment at which alcoholic beverages, beer, or wine are offered for sale or consumption on the premises shall suffer or permit any "specified sexual activity" or the simulation thereof within such establishment. Page 15 of 23 [SECTIONS 11-91 through 11-99 RESERVED] Section 11.100 General Requirements For All Adult Entertainment Establishments. Each adult entertainment establishment is subject to all of the following general requirements and shall: (A) Conform to all applicable building, fire, health, zoning and land use statutes, codes, ordinances, and regulations, whether federal, state or local; (B) On the first Monday of each month provide the City Police Department with a report of all persons who are workers, or who were workers at the establishment or for the adult entertainment business during the previous month, which report shall contain the actual legal name, any aliases, the date of birth, residential address, social security number, position and stage name, if any, for each worker or employee; (C) Post the adult entertainment permit in a conspicuous place at or near the entry at the establishment, which will make it available for inspection at all times; (D) Cover opaquely each window or other opening through which a person outside the establishment may otherwise see inside the establishment; (E) Install, construct, keep, maintain, or allow only those signs at the establishment which comply with the City of Okeechobee Land Development Regulations and the provisions of the following: (1) No sign shall contain any flashing lights, photographs, silhouettes, drawings or representations except for the logo of the establishment, provided that the logo does not depict any "specified anatomical areas," or any portion of a male or female form at or below the clavicle; (2) No sign shall contain, in the name or logo of the establishment or otherwise, any words or materials which depict, describe, reference, or infer In any manner, sexual activities, "specified anatomical areas," or the display of "specified anatomical areas." (G) Each entrance and exit shall remain unlocked when any customer is inside. Section 11.101. Adult Theaters. In addition to the general requirements for an adult entertainment establishment set forth in Section 100, an adult theater shall comply with each of the following requirements: (A) If an adult theater contains a hall or auditorium, the area shall have: (1) Individual separate seats, not couches, benches or the like, to accommodate the number of persons allowed to occupy the area; (2) A sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; (3) A continuous maim aisle along each side of the seating areas in order that each person seated in the areas shall be visible from the aisles at all times; (4) Sufficient illumination so that persons in all areas of the auditorium can be seen. (B) If an adult theater contains adult booths, each adult booth shall have: (1) Individual, separate seats, not couches, benches or the like, which correlate with the maximum number of persons who may occupy the booths; (2) A sign posted In a conspicuous place at or near the entrance which states the maximum number of persons allowed to occupy the booth, which number shall correlate with the number of seats in the booth; (3) A permanently opened entrance not less than four (4) feet wide and not less than six (6) feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition; Page 16 of 23 0 • (4) A well -illuminated continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; (5) Except for the entrance, walls or partitions shall be of solid construction without any holes or openings In any such wall or partition; and (6) Illumination by a light bulb of no less then twenty-five (25) watts. It shall be the duty of the permittee or his agents or employees present on the premises to insure that the illumination is maintained at all times when a customer is present. (C) If an adult theater is permitted and is designed to permit outdoor viewing by customers seated in automobiles, shall have a motion picture screen situated, or the perimeter of the establishment fenced, so that the material to be seen by customers may not be seen by other persons from any public right- of-way, residential, or other protected use. Section 11.102. Adult Performance Establishment. In addition to the general requirements for an adult entertainment establishment contained in Section 11-100, an adult performance establishment shall comply with each of the following special requirements: (A) Have a stage provided for the use by any worker or individual who is displaying or exposing any "specified anatomical area" to a customer, consisting of a permanent platform (or other similar permanent structure) raised a minimum of eighteen (18) Inches above the surrounding floor and encompassing an area of at least one hundred (100) square feet; (B) Any area in which a private performance occurs shall: (1) Have a permanently opened entrance not less then six (6) feet wide and not less then six (6) feet high, which entrance shall not have any curtain rods, hinges, rails or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition; (2) Have a wall-to-wall, floor -to -ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent and which partition separates the worker or other individual from the customer viewing the private performance. Section 11-103. Adult Bookstore. In addition to the general requirements for an adult entertainment establishment set forth in Section 11.100, an adult bookstore shall not display merchandise or adult material in a manner which allows such merchandise or adult material to be visible from outside of the structure at the establishment. Section 11-104. Adult Encounter Center or Escort Establishment. In addition to the general requirements for an adult entertainment establishment contained in Section 11.100, an adult encounter center or escort establishment shall comply with the following special requirements: (A) Post in an open and conspicuous place and file with the Department a list of services offered or provided by the adult entertainment establishment, described in readily understandable language with specifications of the cost of such services. Actual services and prices offered or provided shall be limited to those listed; (B) Provide each customer, in advance, with a separate written customer contract setting forth and specifying services to be rendered, the cost of such services, the actual full legal name of the worker or employee to provide the services, and the name, address, and telephone number of the customer to which the services are rendered. Actual services and prices offered or provided shall be limited to those specified; (C) Maintain a daily register recording all transactions on a form provided by the Department, containing records of all customers with names, addresses, photo identification, time expended, services purchased, mode of payment and the name of all workers or employees who provided services together with a copy of each customer contract; (D) Not increase the incentive or temptation for workers to engage in prostitution or lewdness by allowing any worker or employee of the adult entertainment establishment to accept any tips or gratuities received from a customer, in addition to the service fees amount specified in the customer contract. Page 17 of 23 Section 11-105. Escort Services. In addition to the general requirements for an adult entertainment establishment contained In Section 11.100 and the general requirements for an escort service establishment contained in Section 11.104 above, an escort service shall comply with the following special requirements: (A) If offering or providing escorts within the City, an escort service must notify the Department of an authorized physical commercial location, which may or may not be within the City from where the escort service operates and dispatches escorts; (B) Include in all advertising or promotional literature posted, placed, published, or distributed within the City the number of a valid adult entertainment establishment permit issued by the Department; (C) Insure that every escort or worker of an escort service can produce, upon the request of any law enforcement officer, an adult entertainment permit to engage in the occupation of escort within the City. Exception: an escort or worker of an escort service who is a paid employee for whom taxes and social security payments are withheld and paid by the escort service and who is not an independent contractor, may substitute and carry a copy of the adult entertainment escort service permit of the employing escort service. Section 11.106. Records and Inspection of Records. (A) An adult entertainment establishment shall maintain a worker record for each worker who currently works or performs at the establishment and for each former worker who worked or performed at the establishment during the preceding one (1) year period: (1) The worker record shall contain the current or former worker's full legal name, including any alias, date of birth, residential address, residential telephone number, social security number, position, stage name, if applicable, driver's license number or state or federally issued identification card number, and a recent photograph of the worker; (2) The worker record shall also describe the status of each worker, whether each worker is a paid employee for whom income taxes are withheld or is a lessee, sublessee, independent contractor, or subcontractor who is allowed to work or perform at the establishment; (3) The worker record shall also contain a copy of a valid City occupational license for any lessee, sublessee, independent contract, or subcontractor who is not an employee and is allowed to work or perform at the establishment under a valid adult entertainment business permit. (B) The original, or true and exact photocopy of each required worker record, customer contract, and daily registry as required by this chapter shall be kept available for inspection at the establishment at all times. (C) Each operator of the establishment shall be responsible for knowing the location of the original, or true and exact photocopies, of each of the required worker records, customer contracts, and daily registry records. (D) Each operator of the establishment shall, upon the request by a law enforcement officer when the establishment is open for business, immediately make available for inspection the original, or a true and exact photocopies of each of the required worker record, customer contract, and daily registry records. [SECTIONS 11.107 through 11.109 RESERVED] Section 11-110. Penalty. Whoever violates any section of this Article VI (Criminal Provisions) may be punished as provided in Fla. Stat. §162.21 or Section 1.13 of the Code of Ordinances of the City of Okeechobee, Florida. Section 11-111. Operation Without Valid Adult Entertainment Permit. It shall be unlawful for any person to be an operator of an adult entertainment establishment when: (A) The establishment does not have a valid adult entertainment permit for each applicable classification; (B) The permit of the establishment is under suspension; Paqe 18 of 23 • • (C) The permit of the establishment has been revoked or canceled; or (D) The establishment has a permit which has expired. Section 11-112. Working at Unlicenced Establishment. It shall be unlawful for any person to act as a worker or employee of an adult entertainment establishment that the worker or employee knows or should know, does not have a valid permit under this Code or which has a permit which is suspended, revoked, canceled, expired, or which does not have each applicable adult entertainment permit conspicuously displayed. Section 11.113. Operation Contrary To Certain Provisions. It shall be unlawful for any person to be an operator of an adult entertainment establishment: (A) Which does not satisfy all of the general requirements set forth in Section 11.100; (B) Which is an adult theater and does not satisfy all of the special requirements of Section 11.101; (C) Which is an adult performance establishment and does not satisfy all of the special requirements of Section 11.102; (D) Which is an adult bookstore and which does not satisfy all of the special requirements of Section 11- 103; (E) Which Is an adult encounter center or escort establishment which does not satisfy all of the special requirements of Section 11-104; (F) Which Is an escort service and does not satisfy all of the special requirements of Section 11-105. Section 11.114. Prohibited Acts. It shall be unlawful for a worker or employee of an adult entertainment establishment to commit any of the following acts or for an operator of an adult entertainment establishment to knowingly or with reason to know, permit, suffer or allow any worker to commit any of the following acts: (A) Offer, contract, or otherwise agree to engage in or engage In a straddle dance with any person at the establishment; (B) Engage in any "specified sexual activity" at the establishment; (C) Engage In nudity as defined In Section 11.55 of this Code at the establishment; (D) Display or expose at the establishment "specified anatomical areas" while such worker is not continuously positioned at least four (4) feet away from all other persons or while such worker or employee is not in an area described in Section 11.102(A); (E) Display or expose "specified anatomical areas" at an establishment where alcoholic beverages are sold, offered for sale, or consumed; (F) Display or expose any "specified anatomical areas" while simulating any "specified sexual activity" with any other person at the establishment; (G) Engage in a private performance unless such worker or employee is In an area which complies with the requirements of Section 11.102(B)(1) and (2); (H) Intentionally touch any person at the adult entertainment establishment, while engaged in the display or exposure of any "specified anatomical area;" or (1) Intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, at any point below the waist and above the knee of the person, or to intentionally touch the clothed or unclothed breast of any female person. (J) Exception - notwithstanding any provision indicating to the contrary, It shall not be unlawful for any worker, employee, or operator of an adult entertainment establishment to expose any specified anatomical area during the worker's, employee's or operator's bona fide use of a restroom, or bona Page 19 of 23 fide use of a dressing room which is used and occupied only by other workers, employees, or operators. Section 11.115. Touching of Wo.kers or Employees Prohibited. (A) It shall be unlawful for any person in an adult entertainment establishment to intentionally touch a worker or employee who is displaying or exposing any "specified anatomical area" at the adult entertainment establishment. (B) It shall be unlawful for any person In an adult entertainment establishment to intentionally touch the clothed or unclothed breast of a female worker, or to touch the clothed or unclothed body of a worker at any point below the waist and above the knee. (C) The entertainment establishment shall prominently display a sign for the benefit of patrons notifying them of the prohibitions set forth in Subsections (a) and (b). Section 11-116. Advertising Prohibited Activity. It shall be unlawful for an operator of an adult entertainment establishment to advertise, encourage, or promote any activity prohibited by this Chapter or any applicable state statute or ordinance. Section 11.117. Minors Prohibited. It shall be unlawful for a worker, employee, or operator of an adult entertainment establishment to knowingly or with reason to know, permit, suffer, or allow a person under eighteen (18) years of age to: (A) Enter or remain in the establishment; (B) Purchase goods or services at the establishment; or (C) Work or perform at the establishment as a worker or employee. Section 11-118. Failure to Maintain Required Records and Permits. (A) it shall be unlawful to be an operator of an adult entertainment establishment at which the permit required by Section 11-70 of this Code and each record required by Section 11-100 of this Code, including every worker record, customer contract, and daily registry, have not been compiled, or not maintained, or are not made available for inspection by a law enforcement officer or inspector, upon request, when the establishment is open for business. (8) It shall be unlawful to be a worker or employee of an adult entertainment establishment who fails to obtain, carry, and display upon demand of a law enforcement officer, while working in the adult entertainment occupation, an occupational permit for the adult entertainment occupation in which the worker is engaged. (C) Exception: It is an affirmative defense and Subsection (b) does not apply to a worker of an adult entertainment establishment who is a paid employee for whom taxes and social security payments are withheld and paid to the Federal Government by the adult entertainment establishment, and who is not an independent contractor; except such an employee who is an escort working away from the establishment premises shall be required to obtain, carry, and display to law enforcement officers, upon demand, a copy of the adult entertainment permit of the employing escort service. Section 11-119. Exceeding Occupancy Limit Of Adult Booth. It shall be unlawful for any person to occupy an adult booth in excess of that number specified on the posted sign required by Section 51. Section 11-120. Hours of Operation. It shall be unlawful between the hours of 2:00 a.m. and 9:00 a.m. of any day for: (A) An operator of an adult entertainment establishment to allow such establishment to remain open for business, or to allow, suffer, or permit any worker or employee to engage in a performance, solicited performance, make a sale, solicit a sale, provide a service, or solicit a service; (B) A worker or employee of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service. Page 20 of 23 ,o 0 Section 11-121. Alteration of Permit. It shall be unlawful for any person, except the Department, to after or otherwise change the contents or appearance of an adult entertainment establishment permit. Section 11.122. False or Misleading Statement in Required Documents. (A) It shall be unlawful for any person applying for an adult entertainment establishment permit pursuant to Article II to make a false or misleading statement or provide false or misleading Information which is intended to facilitate the issuance of the permit on the application required by Section 11-71. (B) It shall also be unlawful for any person to provide false or misleading Information In the monthly reports as required by Section 11-100 or in the worker record as required in Section 11.106, or the customer contract and daily registry records required by Section 11-104. Section 11.123. Solicitation or Personal Advertising. It shall be unlawful for any employee of an adult entertainment establishment, while situated outside any structure of the adult entertainment establishment or while the employee is visible from any public right-of-way or sidewalk, to display or expose "specified anatomical areas" or to engage In personal advertising, pandering, or solicitation, whether passive or otherwise, on behalf of the employee, any other employee, or the adult entertainment establishment. "Personal Advertising" Is defined in this subsection as encouraging or enticing, by whatever direct or indirect means, potential customers beyond the adult entertainment establishment to enter the adult entertainment establishment. Additionally, it shall be unlawful for an operator or any worker or employee to suffer, permit, or allow any door that is visible from a public right-of-way or sidewalk to be opened or to be remained opened except when a person is entering or exiting the establishment. Section 11.124. Allowing Customers to Engage in Specified Sexual Activity. It shall be unlawful for a worker of an adult entertainment establishment to knowingly or with reason to know, permit, suffer, entice, or allow a customer to engage in any "specified sexual activity," alone or with any other Individual, at the establishment and in the presence of the worker or employee. Section 11-125. Prohibited Acts by Customers at Adult Entertainment Establishment. It shall be unlawful for any customer of an adult entertainment establishment to do any of the following acts or for a worker or operator of an adult entertainment establishment to knowingly suffer, permit, aid, assist, or allow a customer to do any of the following acts: (A) Touch, massage, or manipulate directly or indirectly, the body of any worker or employee of the adult entertainment establishment, or other customers; (B) Touch, massage, or manipulate, display or expose any of the customer's own "specified anatomical areas;" or (C) Engage in any "specified sexual activity" while in the presence of a worker or employee of the adult entertainment establishment. Section 11-126. Prohibited Acts by Escort Service Workers. It shall be unlawful for a worker of an escort service to commit any of the following acts or for an operator of an escort service to knowingly or with reason to know, permit, suffer, aid, assist, or allow any employee or escort service worker to commit any of the following acts: (A) Enter a hotel, motel, or other transient place of lodging for the purpose of meeting or serving a customer without first meeting with the front desk or reception area personnel and doing each of the following: (1) Provide the time of arrival and the estimated time of departure; (2) Present a copy of the escort services adult entertainment permit and the escort's occupational permit; (3) Identify himself or herself, identify the escort service that sent him or her, state the name of the customer he or she is meeting or serving, and the location of the meeting, including any applicable room number, and notify the front desk or the reception area personnel upon departing the premises; Page 21 of 23 1 (B) Distribute, place, post, or leave any unsolicited business cards, advertisement, or promotional material on or within the premises of any other business; (C) Begin a meeting or service with a customer between 10:00 p.m. any day of the week and 9:00 a.m. of the following day; (D) Begin a meeting or service with a customer without first meeting the customer in a public place before accompanying the customer to any place which Is not opened and occupied by the public; (E) Display or expose "specified anatomical areas" to a customer of an escort service; (F) Require, entice, or solicit a customer to remove any item of clothing; (G) Solicit a tip or gratuity from a customer In exchange for a promise or suggestion of any act or enhanced service. Section 11.127. Construction. This Code shall be liberally construed to accomplish Its purpose of permitting, regulating, and dispersing adult entertainment material and/or related activities. Unless otherwise indicated, all provisions of this Code shall apply equally to all persons, regardless of sex. Words used in the singular number shall include the plural number, unless the context suggests otherwise. Masculine pronouns shall be construed to apply to feminine pronouns and neutral pronouns, unless the context suggests otherwise. Section 11-128. Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief. if any person fails or refuses to obey or comply with or violates any of the provisions of this Code, such person upon conviction of such offense, shall be punished as provided by law. Each violation or non-compliance shall be considered a separate and distinct offense. Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any administrative proceeding or any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this'Section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth herein to the full extent allowed by law. Section 11-129. The provisions of Ordinance No. 720 are rescinded in its entirety. Section 11.130. Severability. Iif any portion of this Code, or any application thereof is declared to be void, unconstitutional, or invalid for any reason, such portion or provision, or the application thereof, shall be severable from this Code. The remaining portions and provisions of this Code, and all applications thereof, shall remain in full force and effect. SECTION TWO. Effective Date. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed In that office. INTRODUCED AND SET FOR FINAL PUBLIC HEARING this 7m day of March, 2000. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK JAMES E. KIRK, MAYOR Page 22 of 23 PASSED ON SECOND READING this 21st day of March , 2000. ATTEST: JAMES E. KIRK, MAYOR BONNIE S. THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY Page 23 of 23 EXHIBIT 3 - 3 / 21 AGENDA ORDINANCE NO. 7" AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 12, CODE OF ORDINANCES AMENDING SECTION 12-2 AND 12-3 THEREOF; TO IDENTIFY THE LOCAL PLANNING AGENCY FOR THE CITY OF OKEECHOBEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has heretofore designated In Chapter 12, Section 12-2 of the Code of Ordinances that the City Council be designated as the local planning agency for the City; and WHEREAS, subsequent enactment of the Land Development Regulations (LDR's) contains provisions contrary to said ordinance; and WHEREAS, it is a legitimate function of local government to review and update ordinances from time to time as necessary; Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that Chapter 12, Code of Ordinances for the City of Okeechobee, Florida is amended as follows: Section 1: Section 12-2 Local Planning Agency designated. Pursuant to the provisions of Ordinance No. 716, the Land Development Regulations for the City of Okeechobee, Florida, the Planning Board for the City of Okeechobee is designated as the Local Planning Agency for the incorporated area of the City. Section 2: Section 12-3 is amended to add to said section a subparagraph (e), which shall read as follows: (a) To perform such additional duties and functions as prescribed by Section 157 of Ordinance No. 716, the Land Development Regulations for the City of Okeechobee. Section 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Page 1 of 2 Section 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. Introduced for first reading and set for final public hearing on this 7' day of March, 2000. E. Kirk, Mayor` ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and final public hearing this 2181 day of March , 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 ExxisiT 4- 3 / 21 AGENDA ORDINANCE NO. 745 AN ORDINANCE OF THE CITY OF OJ(EECHOBEEr F{.ORIDA AMENDING CHAPTER 121, ARTICLE II CODE OF ORDINANCES; AMENDINQ 4MION 12-13 ANC?iIM4 j THEREOF; ESTABLISH1140 QUJJES OF TECONIQAI. REVIEW COMMITTEE; ESTABLISHING AN EFFECTNE DATE. WHEREAS, the provision of Section 12-1 3 and 12-14 of the Code of Ordinances of the City of Okeechobee establish authority for sit"ated improvements for development to rest with the City Administrator; and WHEREAS, subsequent enactment of the Land Development Regulations (LDR's) in the City contains provision contrary to said ordinance; and WHEREAS, it is a legitimate function of local government to review and update ordinances from time to time as necessary; Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that Chapter 12, Article II Code of Ordinances for the City of Okeechobee, Florida is amended as follows: Section 1: Section 12-13 is rescinded, and In its Place the following Is inserted: Section 12-13. Technical Review Committee to determine necessary site -related improvements, costs thereof, etc. (a) In addition to the duties set forth in Section 154 of the Land Development Regulations the determination of site -related Improvements necessitated by development or re -development and the cost of thereof shall be blade by the Technical Review Committee as established in Section 154 of the Land Development Regulations. (b) Should the Technical Review Committee determine it necessary for proper determination pursuant to this section, it may require the development/applicant to cause a study be prepared by such professional as directed by the Committee, at the expense of the developer/applicant, which study shall show the location, nature and cost of the site -related improvements, necessitated by the prosed development or redevelopment. Section 2: Section 12-14 is amended as follows: The word "City Administrator" is deleted and inserted is In its place the words "Technical Review Committee." Section 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 • • Section 4: SEVERABIUTY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. Introduced for first reading and set for final public hearing on this ,h day of March, 2000. E. Kirk, Mayor ATTEST: r Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and final public hearing this 2181 day of March , 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 RESOLUTION NO. 00-3 EXHIBIT 5 - 3 % 21 AGENDA A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA ESTABLISHING PERMIT FEES FOR UTILITY CONSTRUCTION; ROAD CUTS; INSTALLATION OF WATER & WASTEWATER LINES; PROVIDING FOR INSPECTIONS THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, utility providers, the Okeechobee utility authority, developers, contractors and other private entities are required by City policies to obtain a permit prior to commencement of such work from the department of general services; and WHEREAS, the staff of the department of general services and the road department incur valuable time in the receipt and processing of such permits and inspections of the work; and WHEREAS, it is within the discretion and authority of the City to charge and collect certain fees from the providers for the processing and issuance of such licenses and performing of such inspections, NOW THEREFORE be it resolved by the City Council for the City of Okeechobee, Florida that a schedule of fees is hereby established for such permits and inspections as follows: Permit fees for underground construction of water and wastewater systems, repair, installation, extensions or improvements, based upon the valuation of cost of materials for such construction: VALUATION FEE 1. Less than $2,000.00 $25.00 2. 2,001-18,000 $28.50 plus .10 per thousand 3. 18,001-25,000 43.75 plus 7.25 per thousand 4. 25,001-50,000 98.00 plus 6.20 per thousand 5. 50,001-100,000 195.00 plus 5.80 per thousand 6. 100,001-250,000 312.00 plus 5.00 per thousand 7. 250,001-500,000 470.00 plus 3.75 per thousand 8. 500,001-1,000,000 1,160.00 plus 2.50 per thousand 9. 1,000,001-2,500,000 1,945.00 plus 2.25 per thousand 10. 2,500,001-5,000,000 3,940.00 plus 1.90 per thousand 11. 5,000,001-10,000,000 5,685.00 plus 1.75 per thousand 12. Over 10,000,000 7,662. 00 plus 1.35 per thousand II. INSPECTION FEES A. For inspection of underground utility construction, repair, line extensions, replacements or improvements, road cuts; number of inspections required per project as determined by department of general services: $35.00 per inspection Page 1 of Z 0 0 INTRODUCED AND ADOPTED on the 41' day of April. 2000, during a regular session of the City of Okeechobee City Council. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney fft�Q 2 9 2 James E. Kirk, Mayor n U r� U EXHIBIT 6 - 3/21 AGENDA There will not be an Exhibit 6 Administrator Veach will update the Council regarding this item. 0 • CITY OF OKEECHOBEE 941)763-3372 ilk Fax 941)763-1686 CITY DEPARTMENT AGENDA ITEM REQUEST FORM . 0 wow -Oslo, li • li► MEETING: REGULAR �k SPECIAL ❑ WORKSHOP ❑ EXHIBIT 7 - 3 / Z 1 AGENDA PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. -aQa 1n r i r PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL.L7Ji PLEASE SUMMARIZED EXPLANATION/BACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS. Q O Y1 n —To r V i L i g >! /.) 4 and- 0 L Q 1 f}L it Lpi-'4 . !�, ► ►� R r�((Xa nC� I'�tt o I'`1 4 `-f Y! b. sa f � n Porr w� � ofD4 p Q Ot IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? i 9417631686 CITY OF d(EE • PAGE 92 %;jL-.rir OIL` OSUBECHOBSE %1)763,M72 * Fox 941)763-1686 AGENDA ITEM REQUEST FORM EXHIBIT 8 - �� Mod K � �� t�sns so: 3/ 21 AGENDA City of +-M-- ww6r�� City► CI W* Ohio* 66 S.E. W Avenue Qlc schohow, FI=Wa 3074 AoomS*:�/4cty> A&unA r_JAy TA I- .Ara Ass m's MUMD: REMAaeA SrEc*AL o Wowc W C3 ��sa) 7 7 -s-2 az "Now* I ff "g,Am I I V1,67�►.1 PLEASE sum THE m im You wa+ To HAve nA= ow ?HE Ctnr CoumL Aaeaw __. FQ Cl G S T,..._ Oft— CcHcn�FtlrE- Pwm STATE WMT DermTsm"s) You MAVE women vam Tma FAR. _ La.F- 14 A u r- !- /4 D id )TM MjjA nQ51 AA frl/?IV PLUM STATE OESSWD ACTION oY TM CRY Cvt PM- Cd a 4 P-41J Id1iT14 a"l QttY AAS r oI. AAwNl oIP FLoQtM - .,-, � • M 1• Y r L RNMEXAMMUFMIKINYL, 1 PREseN7'ATpN N! TO w MAOE, Mow Much T" "LL •M ROOSTED? may., • ` DATE: 3 f 3/ 0 V V • • THIS AGREEMENT is made and entered into this day of 2000, between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation, (hereinafter referred to as "City" or "Grantor"), and NUI Corporation, a New Jersey Corporation, by and through its Florida division, CITY GAS COMPANY OF FLORIDA, (hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, the City of Okeechobee, Florida finds it in the public interest to ensure that all areas within its limits are adequately provided with high quality natural gas service; and, WHEREAS, the City of Okeechobee, Florida finds it in the public interest to retain control over the use of public rights of way by providers of natural gas to ensure against interference with the public convenience, to promote aesthetic considerations, to promote planned and efficient use of limited right of way space, and to protect the public investment in right of way property; and, WHEREAS, the City of Okeechobee, Florida finds it in the public interest to attract a high quality provider of natural gas and that this can be accomplished through reasonable regulation; and, WHEREAS, the City of Okeechobee, Florida finds that the granting of an exclusive natural gas franchise is the best means of assuring that the above -described interests of the City of Okeechobee are promoted; NOW, THEREFORE, be it agreed as follows: Section 1. Definitions. For the purposes of this Agreement, the following terms and words shall have the meaning given herein. Any definitions not incorporated in the grant of authority by this instrument, the definitions set forth in the City of Okeechobee Code shall control and absent a defined term, then the definitions found within the laws of the State of Florida shall be made applicable. A. "Consumer" shall mean any person, firm, or public or private corporation served by the Grantee. B. "Gas" shall mean natural gas and/or commingled gas and/or manufactured gas, which is distributed in pipes. It shall not mean bottled gas or any other fuel. C. "Grantee" shall mean the selected franchisees, their successors and assigns. D. "Grantor" shall mean the City of Okeechobee, Florida, its successors and assigns. E. "Gross Revenues" shall mean all revenues or receipts received by the Grantee from any consumer from the sale or distribution of gas. F. "Facilities or equipment' shall mean pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, structure or structures, and appurtenances used or useful in the distribution of gas, located or to be located in, upon, along, across, under or over the streets. G. "Franchise Agreement' shall mean the document executed by the Grantor and Grantee giving the Grantee the authority to operate the franchise within the City, under the terms of this ordinance, and containing such other terms as are necessary to place the franchise into effect. Section 2. Grant of Authorifir. Upon execution of a Franchise Agreement by both Grantor and Grantee, there is hereby granted to Grantee an exclusive right to erect, install, extend, maintain, relocate and operate a system of works, pipes, pipelines, and all necessary apparatus, machinery, structures, and appurtenances in, on, and under the streets, alleys, avenues, easements, and other public 2 • 0 ways and places within the limits of the franchise for the purpose of transporting distributing, and selling gas to Grantor, its inhabitants and the public generally for domestic, commercial and industrial uses and for any all other legal. purposes for which gas, during the period of this grant, may be used, together with the right at times approved by Grantor to enter upon the streets of said Grantor for the purposes of removing and repairing said facilities or equipment. Section 3. Limits of Franchise. This franchise covers the following geographical area: the City limits of the City of Okeechobee, Florida, as they may change from time to time. Section 4. Annexation or Contraction. Grantee agrees that the geographical limits of the franchise area are subject to expansion or reduction by annexation and that the Grantee has no vested right in the franchise area, and that this franchise is awarded subject to the provisions of general or special laws of Florida now enacted or hereinafter enacted. Upon annexation of any territory to the City of Okeechobee, the portion of Grantee's facilities located within such annexed territory and upon the streets, alleys or public grounds thereof shall thereafter be subject to all the terms of this franchise as though it were an extension made hereunder. Section 5. Franchise Duration. The franchise shall be granted for a period of thirty (30) years from the date of execution of this Franchise Agreement by the Grantor and Grantee. At the conclusion of the term of this grant of franchise, and if this franchise has not been extended or renewed, the City shall have the option of acquiring the Grantee's right, title and interest in all fixtures and personality of the Grantee located within the City's right way. Section 6. Franchise Consideration. The Grantee, its successors and assigns, shall pay to the Grantor, or its successors and 3 assigns, an amount which will equal six percent (6%) of the Grantee's gross revenues from consumers within the geographical limits of this franchise on a yearly basis. Payments to the City/Grantor of said franchise fee shall be made on a yearly basis on or before the thirtieth (30th) day of January of each calendar year, with respect to Grantee's gross revenues during the preceding calendar year, such payments to be based upon the Grantee's gross revenues during the preceding year. Nothing herein shall be construed to be a limitation on the assessment and collection of all other valid taxes, licenses, and other impositions by the Grantor on and from the grantee in excess of the applicable percentage of revenues to be paid. Section 7. Assignment. The Grantee may sell or transfer its plant or system and transfer its rights under this franchise without Grantors prior approval. However, entity that purchases, is assigned or comes into possession of the plant or system of the Grantee, or any portion thereof, within the geographical limits of the franchise area, shall do so subject to the terms and conditions of this franchise agreement. Section 8. Termination of Grant by Insolvencv or Bankruotcv of Grantee. In the event of a final adjudication of bankruptcy of the Grantee, the Grantor shall have full power and authority to terminate, revoke, and cancel any and all rights granted under the provisions of this Agreement, or under the City of Okeechobee Code. Section 9. Compliance with Aoolicable Laws and Ordinances. The Grantee hereby agrees to abide by all the rules and regulations and ordinances which the Grantor has enacted or might enact in the future, and further agrees to abide by any established policy which the Grantor or its duly authorized representative has established or will establish provided, however, it is not intended hereby that Grantor shall have the right of unilaterally modifying the terms of this franchise other than as herein provided and as is required by the execution of the Grantor's home rule powers. It is also expressly recognized 2 • 0 that the authority of the Grantor is subject to preemption by the State of Florida by and through the Florida Public Service Commission and by the United States Government. Section 10. Hold Harmless. Grantee shall at all times protect and save harmless the Grantor from any and all damages or injury to person or property and from any and all actions, damages, costs or charges, including reasonable attorneys' fees which may be caused by, grow out of relate to, or result from Grantee's neglect, default or misconduct in the construction, laying, repairing, inspecting, altering or maintaining of mains, conductors, pipes and the appurtenances thereto or resulting from Grantee's use of this franchise. Section 11. Severability. If any section, sentence, part of section, paragraph, clause, phrase or word of this agreement is declared invalid, the remaining provisions of this agreement shall not be affected. Section 12. Jurisdiction/Chance of Government. Any change of the form of Government of the Grantor as authorized by the constitution and laws of the State of Florida shall not affect the validity of this franchise. Any successor government to the Grantor shall, without the consent of the Grantee, succeed to all rights and obligations of the Grantor provided in this franchise. Section 13. Accounts and Records. A. The Grantee shall provide gas service within the limits of this franchise on reasonable terms and conditions at just, reasonable and nondiscriminatory rates to all who request said service during the term of this franchise and thereafter, as required by law or by duly constituted public regulatory body. B. Upon the written request of the Grantor, the Grantee shall file with the Grantor a complete set of rules and regulations and a complete set of tariffs or rate schedules under which gas services are provided under this franchise and said rules and regulations shall be 5 subject to the prior approval of Grantor to the extent Grantor is not prohibited from doing so by law and does so in a timely fashion. Upon the written request of Grantor, Grantee shall also furnish any revisions of rules, regulations, and rates as they are adopted and seek Grantor's approval of the same where required. C. Grantor may, at its option and at its expense, and upon reasonable notice to Grantee, at any time within ninety (90) days after each anniversary date of this franchise examine the records of operations and accounting files, books and records as such records relate to the calculation of the franchise fee payments to the Grantor, as provided herein, and to proper performance of other terms of this franchise. The examination of such books, accounts, records or other materials necessary for determination of compliance with the terms, provisions and requirements of this franchise shall be during regular hours of business of the Grantee and at the corporate offices of the Grantee. Section 14. Dedicated Riaht-of-Wav Utilization. Prior to construction the Grantee shall file with the Grantor for its approval, plans and specifications for the location or relocation of all facilities. At the completion of construction the Grantee shall have available for the City's review and inspection "facilities" drawings showing the location of all pipes, pipelines, and facilities located in the City's right-of-way. The Grantee's facilities shall be so located or relocated and so erected or installed as not to obstruct or interfere with any water pipes, sewers, storm drains, or other utilities or structures already installed or hereafter to be installed. The Grantee's facilities shall interfere as little as possible with traffic over said streets, avenues, alleys, bridges and public places with reasonable egress from and ingress to abutting property, subject at all times to the lawful police power of the Grantor. The Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any sidewalk, driveway, curb, street, alley, avenue, bridge, easement or other public place or way of the Grantor which shall have been opened by the Grantee for the purpose of laying, Cam? • placing or repairing its facilities or equipment, and shall upon completion of such construction or repair, be restored by the Grantee to as good or better order and condition as they were before the excavation was made and shall promptly remove any debris. Any obstruction of any street, alley, avenue, bridge, easement or other public place or way of the Grantor not removed by the Grantee after a proper notice of twenty four hours by the Grantor demanding removal thereof, and any such public way or place of the Grantor not repaired by the Grantee after its excavation thereof, may be removed or repaired, as the case may be, by the Grantor and shall be charged against Grantee and if so charged, shall be paid by the Grantee and shall be collectible by the Grantor in any lawful manner. Section 15. Maintenance. The grantee shall maintain and operate its plant and system in a manner consistent with the City of Okeechobee Code, this agreement and in accordance with the orders, rules and regulations of the Grantor, the Florida Public Service Commission and any other state or federal regulatory agency having jurisdiction over the Grantee. Section 16. Service Standards. The Grantee shall maintain and operate its plant and system and render efficient service in accordance with this Agreement, the City of Okeechobee Code, the Florida Public Service Commission and any other state or federal regulatory agency having jurisdiction over the Grantee. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Grantee shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof to the consumers. Section 17. Extension Policv. The Grantee shall make reasonable extensions of mains and service pipes, and such 7 reasonable extensions of mains and service pipes shall be based upon the Grantee's extension of facilities tariff as approved by the Florida Public Service Commission and any other state or federal regulatory agency having jurisdiction over the Grantee. Section 18. Construction Work. The Grantee shall file with Grantor, plans and specifications for the location or relocation of all facilities or equipment. All construction and permitting shall comply with applicable state, federal, and local codes and ordinances. Grantor reserves the right to lay and permit to be laid electric conduits, water, gas, cable, and other pipelines or cables, sewers, and to do and permit to be done any underground work that may be deemed necessary or proper by the Grantor or other governmental entity having jurisdiction, across, along, or under any street, alley, public way, easement, place or other public ground. Whenever, by reason of establishing a grade or by reason on changes in the grade of any street, or by reason of the widening, grading, paving, or otherwise improving present or future streets, alleys, or other public ways and places, or in the location or manner of construction of any water pipes, electric conduits, sewers, or other underground structure, it shall be deemed necessary by the Grantor or other governmental entity having jurisdiction to alter, change, adapt, or conform the mains, pipelines, service pipe, or other apparatus or appurtenances of the grantee hereto, such alterations, or changes, shall be made by the Grantee as ordered in writing by the Grantor or other governmental entity having jurisdiction without claim for reimbursement or compensation for damages against the Grantor. If the Grantor shall require the Grantee to adapt or conform its pipelines, pipes, structures, or apparatus, appurtenances, or other appliances, or in any way to alter, relocate, or change its property to enable any other person or corporation, except the Grantor, the State of Florida, or other governmental entity of the State, to use said street, alley, easement, highway, the Grantee shall be reimbursed by the person or corporation desiring or occasioning such change for any loss, cost, or expense caused by or arising out of such change, alterations, or E1 relocation of Grantee's property. The Grantee further agrees that it shall not interfere with, change, or injure any water pipes, drains, sewers or other facilities or equipment, unless it has received specific permission from the Grantor. Section 19. Grantee Rules. The Grantee shall have the right to make and enforce such reasonable rules and regulations as it may deem necessary for the extension of its facilities, and the sale of its gas, and the prudent conduct of its business, provided that such rules and regulations shall not be in conflict with the laws, rules, and other regulatory authorities of the Grantor, the State of Florida, and other governmental entities having jurisdiction. Section 20. Reoresentations and Warranties. (a) The City hereby represents, covenants and warranties that it will not engage in the business of transmission, distribution, or the sale of natural gas during the term of this franchise or any extension thereof in competition with the Grantee, its successors and assigns, which includes a grant of the Grantor's right to own and operate a natural gas system as a revenue producing enterprise for municipal purposes within the area served by the Grantee during said term. (b) The City further represents, covenants, and warranties that it will not during the term of this franchise agreement terminate the same by purchasing all the property and property rights of the Grantee within the city limits of the City of Okeechobee; provided, however, that this covenant shall not be construed to prevent the Grantor from acquiring said property by condemnation proceedings, or in any other lawful mode, after termination of this franchise by expiration of the term hereof. Section 21. Prohibition of Discriminatory Practices. The Grantee shall not, as to rates, charges, service facilities, rules, regulations, or in any fashion, subject any person to any undue prejudice or disadvantage. 0 Section 22. Complaints. All complaints shall be resolved by Grantee in accordance with procedures established by the Florida Public Service Commission. Section 23. Applicable Law. and Attorney's Fees. In the event of a dispute over the terms of this Agreement, both Grantor and Grantee agree that: (a) the law applicable to the Agreement and the Ordinance providing for it shall be the law of the State of Florida. (b) in the event of litigation regarding this Agreement, Ordinance or its terms, the prevailing party shall be entitled to recover all attorneys' fees and costs incurred in said litigation. Section 24. Entire Agreement. That the Grantor and Grantee agree that this constitutes the entire agreement of the parties and may not be modified unless either done so in a writing signed by both parties or unless such modification is provided for in this Agreement. iff IN WITNESS WHEREOF, Grantor and Grantee do hereby accept the terms and conditions of this Agreement. ATTEST: City Manager Witnesses as to City Gas Company of Florida By: By: Name: Title: CITY OF OKEECHOBEE Mayor CITY GAS COMPANY OF FLORIDA 11 EXHIBIT 9 - ORDINANCE NO. 746 3/21 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990, DEFINITION OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 580 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, provides for amendment to adopted Land Development Regulations; and WHEREAS, no valid objection has been made to the proposed Ordinance and it appears to be in the best interest of the City of Okeechobee that this Ordinance be adopted; WHEREAS, a first reading and public hearing were held by the City Council on said Ordinance on March 21, 2000 and April 4, 2000. Now THEREFORE, BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1. Section 990, DEFINITION OF TERMS, Communication Antennas and Communication Towers, are added as follows on the effective date of this Ordinance. Camouflaged Tower: means a communications tower designed to unobtrusively blend into the existing surroundings and be disguised so as not to have the appearance of a communications tower. Camouflaged communications towers on buildings, not including accompanying antenna mounts, must be disguised to appear as an accessory structure that is normally associated with the principal use occupying the property. Other camouflaged communications towers must be disguised to blend in with other facilities on the property or existing vegetation. Examples of camouflaged communication towers would be a communications tower constructed in the form and shape of a tree to be part of a forested area, or a tower constructed to appear to be a component of a bell or clock tower on sites with compatible buildings or a component of a church steeple on sites with churches. Surface finish, paint/or markings alone are insufficient to qualify for a determination as a camouflaged communications tower. Camouflaged towers shall not be lit. Communication Antennas: means an antenna designated to transmit and/or receive communications as authorized by the Federal Communication Commission. Communication towers: means any structure intended exclusively to support communication antennas, excluding antenna mounts. Design examples of communication towers are described as follows: a. Self-supporting lattice; b. Guyed; C. Monopole; and d. Any other tower type structure as determined by the Building Official, or designee of the City Council. SECTION 2. Section 580, COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, is added as follows on the effective date of this Ordinance. §580. Communication Towers and Communication Antennas. §580.1. Applicability. A. All new communication towers and communication antennas, excluding replacement antennas to pre-existing towers or to other pre-existing non -tower antenna placements in the City of Okeechobee shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances as listed below in Page 1 of 8 • 0 Section 580.3, "Performance and Construction Standards" shall be calculated and applied irrespective of municipal and county jurisdiction boundaries. B. All communication towers legally existing or which have received land use or building permit approval by the City on the effective date of this Ordinance shall be considered permitted uses, and shall be allowed to continue their usage as they presently exist, including routine maintenance, such as the replacement of antennas which do 'not involve an increase in the number of providers or a substantial increase in tower load due to construction on an existing communication tower. However, any other construction, including but not limited to structural modifications, shall comply with the requirements of this ordinance, with the exception of separation distances. C. All government towers with public safety systems or other communications equipment shall be exempt from the requirements of this section. D. All new communication antennas which are not attached to communication towers shall comply with Section 580.4 "Communication Antennas" below. §580.2. Permitted Uses. E. Any communication antenna which is not attached to a freestanding communication tower shall be a permitted ancillary use to any commercial, industrial, office, institution, or public utility structure. B. Communication antennas located on existing buildings or other non -tower type structures shall not be subject to the performance and construction standards for freestanding towers contained below in Section 580.3 pertaining to separation distances, fencing, landscaping, co -location, or any other standard only applicable to a freestanding tower. C. New freestanding communication towers shall not be allowed unless the applicant: 6. Proposes the communication facility within the permitted City Zoning Designations listed below: a. Industrial; b. Public; and, C. Heavy Commercial (by special exception only). 1. Secures approval from the City Council, through the normal development review and public hearing process upon showing: a. Completion of application requirements: 1) City application including legal description of site; 2) letter of intent of facility; 3) description of the tower, including technical reasons for its design; 4) site plan, including any accessory/shelter buildings, drawn to scale; 5) landscape buffering and fencing around proposed communication facility; 6) general capacity of the tower; 7) proof of ownership of proposed site; 8) copies of any easements necessary; and, 9) visual study of the area showing where within a one (1) mile radius any portion of the proposed tower may be seen. b. Demonstrated need or demand for the communication facility. C. Compliance with FCC technical emission standards. Page 2 of 8 d. Compliance with the performance and construction standards listed below in Section 580.3 e. Compliance with any additional requirements as set forth by the City Council. §680.3. Performance and Construction Standards. F. Structural Design. New communication towers and modifications to existing structures including, without limitation, the addition of height, antennas or providers, shall be constructed in accordance with all City building codes. G. Setbacks. Communication tower setbacks shall be measured from the base of the tower, protruding building structure at the base of the tower, or the tower guy wires, whichever is closest to the property line of the parcel on which it is located. Communication towers and their accessory structures shall comply with the minimum setback requirements of the district in which they are located and the applicable street setbacks. In cases where there is a conflict between the minimum setback requirements and the street setbacks, the more restrictive shall apply. In addition, where there is a principal building housing a principal use located on the site, the communication tower and accessory structures to the tower shall be located behind the main building line. H All communication tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from the development site perimeter a minimum distance of five (5) feet, or the minimum setback of the zoning district in which the communication tower is located, whichever is greater. Separation from off -site uses. 1. Communication tower separation shall be measured frm the base of the tower to the closest point of off -site uses and/or designated areas as specified in subsection C.2 below. For purposes of this requirement, Global Positioning System (GPS) coordinates for the center of the tower(s) may be used. 2. Separation requirements for communication towers from residentially zoned lands or residential uses shall comply with the following minimum standards. Tower Type Monopole or camouflaged Lattice Separation Distance 300% height of tower, up to a max of 200 feet 300% height of tower or 200 feet, whichever is greater Separation distances between communication towers. Separation distances between communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City or adjoining jurisdictions. 2. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. For purposes of this requirement, GPS coordinates for the tower(s) may be used. 3. The separation distances (listed in linear feet) shall be as follows: Page 3 of 8 Separation Distances Between Tower Types (including extra jurisdiction area) Lattice Monopole Monopole Self- 75 Feet in Less Than Proposed Supporting Height or 75 Feet Tower Types or Guyed Greater in Height Camouflaged or 500 500 250 monopole 75 feet in height or greater Camouflaged or 250 250 250 monopole less than 75 feet in height Lattice 1,500 500 250 a. Waivers. (1) A waiver from the minimum separation distances set forth in subsections 580.3.0 and D above may be approved through the special exception process in accordance with the procedures set forth in Section 252 of this Code when the proposed communication tower conforms to two (2) or more of the following criteria: (a) Camouflaging techniques approved by the City are incorporated into the design of the communication tower. (b) The tower is designed for the co -location of communication antennas for at least two (2) communication service providers. (c) The tower or towers within the required separation distance are all located in an industrial zoning district as a supplemental use. (d) The proposed location will minimize the visual impact of the proposed communication tower due to the bulk height, use, or appearance of the adjacent structures and surrounding area. E. Fencing. A chainlink fence or wall not less than eight (8) feet in height from finished grade shall be provided around each communication tower. Access to the tower shall be through a locked gate. F. Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of communication towers shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements. A row of trees a minimum of three (3) inches at DBH (diameter at breast height) and a minimum of eight (8) feet tall and a maximum of twenty-five (25) feet apart shall be planted around the perimeter of the fence; and 2. A contiguous hedge at least thirty (30) inches high at planting capable of growing to at least thirty-six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above. G. Height. Page 4 of 8 The total combined freestanding height of any communication tower and antenna shall not exceed 200 feet from ground level. 2. Where installed on top of a building, no communication tower and antenna shall extend greater than forty percent (40%) over the building height. 3. An existing communication tower may be modified to a taller height not to exceed twenty (20) feet over the tower's existing height, but only to a maximum combined tower and antenna height of 200 feet, to accommodate the co -location of an additional communication antenna(s). a. The height change referred to in this subsection may only occur one (1) time per communication tower. b. The additional height referred to in this subsection shall not require an additional distance separation. The communication tower's premodification height shall be used to calculate such distance separations. H. Type of construction. Communication towers shall be monopole or lattice construction; provided, however, camouflaged construction may be approved by the planning commission at a supplemental use hearing, upon consideration of the following factors in addition to those set forth in Section 400 of the zoning ordinance: Compatibility with adjacent properties; 2. Architectural consistency with adjacent properties; 3. Visual impact on adjacent properties, including visual access of adjacent properties to sunlight; and 4. Design of accessory structures in order to be architecturally consistent with the existing structures on the site. A variance from the fencing and landscaping requirements of this section may be requested for such accessory structures. Development criteria. The parent tract, upon which the site for communication tower/antenna/equipment is located, shall comply with the minimum development criteria of the district in which it is located. J. Illumination. Communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. At time of construction in cases where there are residential uses within a distance 300% of the height of the tower, dual lighting shall be requested from the FAA. K. Co -location. 1. Monopole communication towers shall be engineered and constructed to accommodate at least two (2) communication service providers. 2. Lattice communication towers shall be engineered and constructed to accommodate at least two (2) communication service providers. 3. Camouflaged communication towers may be engineered and constructed without accommodating additional communication service providers. 4. Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all of the requirements of this section. The substation shall be located within the zoning category specified above in subsection 580.2.C. All such supports and anchors shall also observe Page 5 of 8 a minimum horizontal setback from any overhead utility lines of not less than :en (10) feet. 5. Proposed communication antennas may, and are encouraged to, co - locate onto existing communication towers, provided such co -location is accomplished in a manner consistent with this section. 6. If determined by the City prior to construction that the proposed tower is situated in a location on public property which will benefit the City's communication systems, then the tower shall be engineered and constructed to accommodate the additional communication equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in engineering and construction of the tower to meet the City's needs. - 7. The City shall be considered a communication service provider for purposes of the co -location requirements of this ordinance. 8. Onsite location. A communication tower which is being rebuilt to accommodate the co -location of an additional communication antenna may be moved onsite within fifty (50) feet of its existing location, however, the tower shall meet the setback requirements above in subsection 580.3.13. After the communication tower is rebuilt to accommodate co - location, only one tower may remain on the site. 9. A relocated onsite communication tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 580.3.D above. The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of this section. The onsite relocation of a communication tower which comes within the separation distances to residentially zoned lands or residential uses shall require special exception approval. 10. The modification or reconstruction of an existing communication tower to accommodate the co -location of two (2) or more communication antennas shall be permitted without new or additional supplemental use permit approvals, provided that the communication antennas are owned or operated by more than one (1) communication service provider and the co -location is accomplished in a manner consistent with the following requirements: a. Type of construction. The modification or reconstruction shall not change the communication tower from one type of tower to another except that any type of communication tower may be reconstructed as a monopole tower. b. Onsite location. The onsite relocation of a communication tower to a location within the minimum separation distance from residentially zoned property as set forth above in subsection 580.3.E shall only be permitted when notarized written consent is obtained from the owners of all residentially zoned property located within the minimum separation distance. L. Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination with the public safety system and/or public safety entities is required to ensure noninterference. M. Documentation. Documentation to demonstrate conformance with the requirement of this section shall be submitted by the applicant with all requests to construct, locate or modify a communication tower/antenna. A statement by the applicant as to how construction of the communication tower will accommodate co -location of additional antennas for future users shall be included within the documentation. Page 6 of 8 N. Signs and advertising. The use of any portion of a tower for sign or advertising purposes including, without limitation, company name, banner, or streamer is prohibited. O. Abandonment. In the event the use of any communication tower has been discontinued for a period of one hundred eight (180) consecutive days, the tower shall be deemed to have been abandoned. Determination of the date of abandonment shall be made by the zoning official who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the active use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional one hundred eighty (180) days within which to: 1. Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or 2. Dismantle and remove the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within one hundred eighty (180) days of abandonment, the City may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable, at the same rate and in like manner as provided for special assessments by Florida law. At the earlier of one hundred eighty-one (181) days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception, waiver and/or variance approval for the tower shall automatically expire. P. Finished color. Communication towers not requiring FAA painting/marking shall be painted a non -contrasting flat blue, gray, or black finish. The color should be selected so as to minimize the equipment's visibility. Q. Certification of compliance with FCC. Certification of compliance with current Federal Communication Commission (FCC) Non -ionizing electromagnetic radiation (NIER) shall be submitted prior to receiving final inspection by the building department. §580.4 Communication ,Antennas A. The communication antenna must locate on towers or buildings which are at least thirty-five (35) feet in height. B. The communication antenna shall not exceed twenty (20) feet above the highest point of the communication tower. C. The communication antenna complies with all applicable FCC and FAA regulations; and D. The communication antenna complies with all applicable building codes and other provisions listed above in Section 580.3 of this ordinance to the extent applicable. SECTION 3. Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. Effective Date. The effective date for the enactment of this Ordinance shall be immediately upon its passage. Page 7 of 8 i 0 THIS ORDINANCE WAS CONSIDERED AND APPROVED for further consideration at the first reading and public hearing on the 218t day of March, 2000 during a regular session of the City of Okeechobee City Council. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CIVIC, City Clerk THIS ORDINANCE WAS CONSIDERED AND ADOPTED after the second reading and public hearing on the 41" day of April, 2000, during a regular session of the City of Okeechobee City Council. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor Page 8 of 8 CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION I. CALL TO ORDER - Chairman. Land Planning Agency, February 22, 2000, 7:15 p.m. 11. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. Chairman Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Agency Member Daniel Creech Alternate Agency Member Sandra Jones Agency Attorney John R. Cook Secretary Beatrice Castorina III. Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action for the meeting of January 25, 2000. PAGE 1 OF 3 Chairman Walker called the February 22, 2000 Land Planning Agency Meeting to order at 7:25 p.m. Secretary Castorina called the roll: Present Absent Present Present Present Present Present Absent Present (Serving as a voting member) Present Present Member Mueller moved to dispense with the reading and approve the Summary of Agency Action for the meeting of January 25, 2000; seconded by Member McCoy. Walker Yes Jones Yes Keller Yes Ledferd Yes Mavroides Yes McCoy Yes Mueller Yes MOTION CARRIED. February 22,2000 - LAND PLANNING AGENCY - PAGE 2 of 3 IV. NEW BUSINESS A. Consider a proposed Ordinance defining Attorney Cook informed the Agency Members that Attorney Gabriel forwarded additional proposed telecommunication towers - Attorney Cook (Exhibit 1). amendments to the Ordinance. He concurred with some of the proposed amendments, but not all of them. The following amendments were set out by Attorney Cook: Page three, Number nine, "Visual study of the area showing where within a three (3) mile radius any portion of the proposed tower may be seen." Attorney Gabiel wanted to change it to read one (1) mile radius. Page four, Number three, Separation distance (listed in linear feet). Attorney Giebel wanted to reduce this number to one third. Attorney Cook did not agree with this, but if an applicant could show criteria for a waiver then the reduction could be permitted. Page six, Number six, if a proposed site is on private property, the owner may impose reasonable terms for use of a telecommunications tower and/or tower site. Such terms may include requirements for rent etc., taking into consideration the capitalized cost of the telecommunications tower and land rental and other charges payable by the tower owner, the incremental cost of designing and constructing the tower. Attorney Gabriel suggested the City had no business regulating what a private property owner would charge or be required to divulge that information to the City. Attorney Cook agreed with that. Page eight, requirement for occupational license. Attorney Gabriel suggested it was unfair or unnecessary for this requirement. Attorney Cook stated he does not agree with that. He stated it is a • business establishment in the City and intitled to an occupational license. Citizen Bill Freeman addressed the Agency and stated the City already has regulations for towers in the Land Development Regulation's and felt they should leave it as it is. Member Ledferd moved to recommend to the City Council to adopt the Telecommunication Ordinance and incorporate the changes Attorney Cook read; seconded by Member Keller. IV. NEW BUSINESS A. Consider a proposed Ordinance defining telecommunication towers - Attorney Cook (Exhibit 1) V. ADJOURNMENT -Chairman. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Land Planning Agency with respect to any matter considered at this meeting, he/she may need to Insure that a verbatim record of the proceeding Is made, which record Includes the testimony and evidence upon which the appeal is to be • based. A tape recording of this meeting is on file in the City Clerk's Office. Jerry E. Walker, Chairman ATTEST: Beatrice Castorina, Secretary February 22, 2000 - LAND PLANNING AGENCY - PAGE 3 OF 3 Walker - Yes Jones - Yes Keller - Yes Ledferd - Yes Mavroides - Yes McCoy - Yes. Mueller - Yes MOTION CARRIED There being no further items on the agenda, the meeting was adjourned at 7.50 p.m. 941-334-6384,ARUE PLANNING & MGT U 922 P01 MAR 24 100 15:00 LAW OMCES ALANL. GABRIEL 1NTERNATIONAL KM DM & PIN MUSE EAST N" EAST Sur"= BOULEVARD FORT LAtMMU)AL1r, FLORMA 3=00110 ALAN L. GANML SORAVA RMA XASPIR DAVM L. Wn"s VIA TELEFAX AT 9j1-AA4.-F13F14 .AND REGULAR U.S. MAIL March 16, 2000 James G. LaRue, AICP Planning & Zoning Official, City of Okeechobee c/o LaRue Planning & Management Services, Inc, 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 TZLSMONZ (954) 561408 FA(NYI U M Q 561-114b E-MAIL gpbrtd24*gol.eom Re: Proposed Telecommunications Ordinance for City of Okeechobee (Draft dated February 24, 2000) Dear Mr. LaRue: Thank you for your letter of February 24th with the attached revised Ordinance. Having reviewed this most recent draft, I find it to be substantially more clear, consistent, reasonable and workable than the first draft a few months ago. I have no additional comments at this time and would be supportive of the adoption of this Ordinance as it now exists. Based on the foregoing, I do not plan to be present at the City Council meeting of March 21 st. However, this being first reading, I would appreciate being advised if there occurs any serious consideration by the City Council of any substantial changes to the present language. I can then decide whether or not to attend second reading. On behalf of my client, Nextel South Corp. d/b/a Nextel Communications, and myself, we are appreciative of the opportunity for input into these regulations and look forward to any future business we may have with the City of Okeechobee. Thank you again for your courtesy and cooperation, trulyll , ALAN L. GABRIEL 38640315.jll cc: John Cook, City Attorney (via fax at 863-763-1686) Darryl Boone, Nextel (via fax at 954-275-2416) Bill and Rhonda Freeman (via fax at 863-763-3401) 941-334-6384�AR'JE PLANNING & MGT • 799 P01 FEB 25 'G@ 14:57 w0~•.p w City of Okeechobee Alan L. Gabriel, Esquire Law Offices International Building, Penthouse East 2455 East Sunrise Boulevard Fort Lauderdale, Florida 33304-31 l9 February 24, 2000 Subject: Telecommunications Ordinance Draft Dear Mr. Gabriel: We have enclosed the final telecommunications ordinance draft for the City of Okeechobee for your review. Your February 21, 2000 comments were discussed at the February 22, 2000 Land Planning Agency meeting where the Board recommended the ordinance for approval to the City Council, subject to minor revision. These revisions are now complete. This ordinance will next be presented to the City Council, tentatively scheduled for Tuesday, March 21, 2000 at 6:00, where it will be considered for final adoption. Thank you for your continued interest in the drafting of this ordinance. Sincerely, James G. LaRue, AICP Planning & Zoning Official Enclosure cc: John Cook, City Attorney Bill L. Veach, City Manager /Bonnie Thomas, City Clerk 65 S.E. Third Avenue • Okeechobee, Florida 34974.29U • (941) 763•3372 • Fax: (941) 763-1686 941-334-6384 LRRUE PLFNNING & MGT 7g P02 FES 25 100 14:57 • • ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE. FLORIDA MWDING SEMO14 990, DEFU moN OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 580 DWJX05NC COMMUNICATION TOW ne AND COMMUNICATION ANTENNAS. TO TIM LAND DEVEL OpMENT CODE; PRov=NG FOR WeMONS TO THIS CODE; ANTI PROVIDING FOR AN EFnDq M DATE. VAHEREAs, Chapter 163, Florida Stahrtes, provides for amendment to adopted Land Development Regulations; and WHEREAS, no valid objeodon has been made to "proposed Ordinance and it appears to be in the beat interest of the City of Okeechobee flat this Ordinance be adopted; WREREAs, two public bearings were held by the City Council on said Ordinance on, , and Now THEREFORE, BE ITORDAINED by the City Council ofthe Cityof Okeechobee, Florida as follows: SECTION 1. Section 990, DEF.WMONOFTaw, Communication Antennas and Communication Towers, are added at follows on the effective date of this Ordinance. b, Shlxsd: � �votLer fewer 4Y3fe atructute a: determined by the Building Offal. ordasim dijglCity Counoil. City of Okeechobee Ordinance Communication Towers and Antennas Draft 2i24100 Page 1 of 9 941-334-6384 1_;RIJE PL�NHING '3 MT • 799 P63 FEB e5 '00 14;56 • SECTION 2. Section S$O, COMAdLWlCdT1pN TOWt RSAIM C'OMWUMCA77ONANTENN.ts is added as ,follows on the 4zff-wtive date of this Ordinance. M Communkadon Tower and Go Im..ni�+±on Aq fM !Il111.1 • 1 .-:f11. 1 -. :il y :i� I II.11 •1. • 7• 1. 11 ' \I � •{ .{,.A L Nm frneetmdiac eommunicei n tow•ara a WI not beo &UowjW unIms the gRRk=. �!A\l•. -_ IIIli1• 1 .i I f •1 - �lf1 1 .1. / 1 `I L�.�'y ,T IJ(I v ff 1 o1 R. 4. t W I r, P �ti 'l-1 ' -e l• -JI l Y'. I - •J .• 1 M • JIi\JI 1- 1 ' & Comwctiun off 'cawon irem=u: City of icafi:ltobee Ordinanx Draft Communication Towers and Aatetulas 2124100 Page 2 of 9 941-334-6384 LPRUE PLANNING & M3T 799 Pe4 FE2 25 '00 14:59 • . snlIDbn'ea indudillL without imita W16 theJMWD Of bdgbt •nrR,ns Or otpvidM shall be constructed in accordance with all City bufldW& the tower. i Q b ,;t ;na struchm st the bus of he tower, or dw,er auv wirer whiobever is closest to the Many +ing of dm petal on which it is MMd, Communioafion towns and theirmUNWguebm dzU gg}& with the inimpm0339 mqwm= of U district in which fhry me looeted and the Mlicabie area setbao&. In maem where dwe is a conflict between reltrictiyeshdiMIX Inedditiomwhom tberoinayfj�y it mWgjad ge located on the Wg. the c+y^+mmigginn to0.o wd ACMEM stmebmee to the tower shalt be located hi„,i the sin dl my inw Ap commmi •den tower anchors slL1_t be located mWnly MOW the hotmdaries of fhe devslnnn�r,r site atL shall be set back fiom the devetonmm sits perimeter a mim mu++ distttnceofflveiSlfeet.ortlleminimumsethaekofthe ink ;.r,acM in w i h the m ,.ti lam tower is joestA& is SMMAL � SeaaraWn from off -site uses. L• Commumcation tower separation ehdl be mmurad &m the bay+ of the tower to the dgsM RgW of off -site uses and/or desimisted wou es 1229 d in subsection C.2 below, Foryymaw of i,ie Ruirm►ent Global PositI ins Syssem iQzsl wzglwm for the center of the towedel may be used. Zs ft rat;cmrepuiremeetaf�+* onlowmfrom mWdentiaHy MAW lands or rmidaAW usm sWl g=Wy with the folkwi a mininlliili.Standard&. City of Okeechobee Ordinance Draft Communication Towers and Antennae 2/24/00 Page 3 of 9 941-334-638a LRRLE FINING & IrT 799 P05 FE13 25 '00 15:00 j Tower Tvoe Merle or uuuAAW 300% height offIQger. MR to a max of 200 fed Lamia 300% height of tower or 200 j het. whichever igmam i .X 77,.i,e T77 N FAM,77 The tower is dealaaed for the co -location of ramttM=gjtion MM= fK at INS two (2) j� The tower or towers wit,(yjn @te Moulted ...►in.. dia►.m an sH located in an industry zoning d-�ct as a. MW2 emental City of Okeechobee Ordinance Draft Communication Towers and Ante�v>sa 2/24100 Page 4 of 9 941-334-6364 LRF?LF PLANNING & MGT 799 P06 FEB 25 '00 15:01 {¢� The m,000aed location will minimize the_ wm due SR the hulk MAL m -m � aaneattmr� of the adiawnt atrucdne8 and '.. (fi i f l�'Ilr.�l!'•Ifl 1 .71�`. 1 1 -' '�I —' 1 • ',I f . 1• R,• l•4 •11 ! •.11 111 I! • 1 • 1. 1 . 1 1 � - I'-.• A•/ 1. Ill 1� �1 _:. 1' / -� -!- ! 1.1 it • • 1 «I_,_1 7. 7 1-71 - (, i..l 11 I A�f 1 ' III . :•Lll.11i.!f `:'.1 + 1 :�l./- 1 1 l.,• . l.,• ,111 • -i .: •'1• • ! 11 - -.I .... '� 1 .1• :1111 j-t'�-� .I 1 1 . 1 = 1. {., rl A ! 71.. � :1 I• fl . : Ir 1,1 111 11 7 r\• 11 •11 1l �. 1 • f• •i �1 _ _ 1 . 1 1 Ica 11 1 I 11.1 11111 1..: rl:.. :1l:ll-1 111 .-,1.• •9-.1.- !. f 1• Iti L�Iq-.!1 �Yr a 11. . IN- .4u ll•. •, 1. I 1 1. 1 { 1 .1., r.y. 1 • 1 Ill + � 1• - . If1 I_ 1 • 4.. , 1 • 4� . 1 - n,l . 'a11`--• 1 h :1 .. •.7nur r� .11 1 1 I 11 : . 1 11:1 Yrl 1.11f'. T= of c3a4etr�AM, C=Mwiatkm towers abalj by monopole or letzice by the olanniU oommiaaion at a atxmlaeoeetal we homino- ++M am aidam ion ofthefollsal form Seat on 400 of the jnnine ordinance: L C"RkNlbY with adiwAnt City of Okeechobee Ordinance Draft t Communicatinicadon Towers and Mtet►naa 2/24/00 Page 5 of 9 941-334-67,4 LW.JE PLANNING & PG? 199 PO4 FEE 25 'E0 15:02 • Visual impact Onadiacent gm2a iea_ including Visual aooass of AdjjWgU =Verdes to sunH"- and ! • 1•.1 -Ili..71 .A•t • 1 �'`!:1\/)11 ' vlh 1' l _L_. L1....< .•NI n. ,.1 "1, •: aV - fa JI 1l'"!... i•/ •J::- : '•. 1Rlt-l .'1.1 S ly � '.- 1.-! •,} • ..,.•; • , q• l : _ 1.-.. .. K. Co -location. 1 1.'. � r,•/. ail .�,ll �.^14 1 `./ .-!1 l -.l . �•J� .1.� v •ill. �.,•.. .l - .•J� 1 dill .1 , 1 N 1 !Ill..'1 �... Jl•:• .•IH ' . r l .-•�! V • 11 •3.2 City of ceeohobee Onlinanoe Draft t Communication rowm�s ana Anbcnnas 2/2.4r00 Page 6 of 9 341-334--6384 LAPoJE PLANNING & MG' 799 P08 FEB 25 '00 15:03 • • above ;n subawfign 290.3.B. Aft' the communication tower is neh,,;lt to scaoamgd to co- jocWioo only one tower may remain on 9M site. 11 11 1 . 11 lu . ! Mry 7 1 Y 11. 11�� 1�1 if1 _ _' 1.�� r :I .•1. 111 - � 1I1 -,{1 �-1 IIf •1. 11 f Ii\� � � ill 11 1! :111 1• Reactivate the use of die &gm or tiandw the tower to anther ownedoRitor who makes actual ae o� f the tower. or City of Okeeohoba Ordinance Draft Communication Towers and Antennas 2124/00 Page 7 of 9 be It.1 AZ r tl. yt , u• r. and in the event the tower in not reanoved within one hundred ei�y I a. the \z-, vPP.']l1 11: -i of 7 .. 1 ULUMMUbc the earlier af ow hundred • 1•r= y. Il•„ the daM P Anwhed War, Communication towers not mWAnU FAA shpuld be lectied so as to minimize do ggWqMW's visibUj% •1 !\y/ • •:'9W : ilrt!• _.1 t ♦ 1 Commission \ref • I n ! ' glectromUNSIc radiation QM) submitted •q 1 to \_!-i 11' final WXMWon by the 1 1•�.,� p,l A. 3FCTtoN 3. Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unertfer ocable, than all remai jng provisions and portions of this ordinance shall nsnain in full ftnne and effect. SEc noN 4. Effeetive Date. The effective date for the enactment of this Ordinance shall be immediately upon its passage. ADOPMD AND ORDAINED tias day of , by the Ciy of Okeechobee city Council. CrrY OF OKwkHoDEE ATTEST: BY: Bonnie S. Tbomas• CMC, City Clerk (SEAL) City of Okeechobee Ordinance Ccammunication Towers and Antennas 2124/00 Page 8 of 9 James E. Kirk, Mayor Draft 941-334-f.384 LARUE PLANNING & MT '799 P1E FEE 25 'GB 15:M 0 9 TEn OatDV%ANCat WAS CONSMI UD AND APPROVED for Rtrther consideration at the first reading Kid public hearing on the day of during a regular session of the City of Okeechobee City Council. TMS ORDINANCE WAa CONSIDERED AND ADOyrM aftor the second reading and public hearing on the day of ____. during a regular session of the City of Okeechobee City Council. Taus ORDINANCE WAS READ in M or by title on at least two (2) separate days in two (2) separate City Council meetings (on the day of , - and on the day of ) Notice of the proposed anactmatt containing the Ordinance title, stating that a copy may be obtained at City Hall, and stating the date, time and place of the above hearings and advising that intaeated parties may appear at the meeting and be beard with respect to the proposed ordinance was published at least once in the on the day of , being at least ten (10) day prior to adoption. Bonnie S. Thomas, CMC, City Clerk City of Okeechobee Ordinance Draft Communication Towers and Antennae 2/24/00 page 9 of 9 EXHIBIT 10 - ORDINANCE NO. 747 3/21 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING FORMER SECTION 18-37 CODE OF ORDINANCES; PROVIDING FOR REGULATIONS FOR INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR INSTALLATION AND EXTENSION OF LINES AND PLACEMENT OF HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING PERMITS; PROVIDING FOR INSPECTION, REVIEW AND REPAIR OF RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is furnished water service by a utility authority that requires periodic replacement, improvement or installation of water lines and related fixtures in order to provide safe and consistent water supply to the populace; and WHEREAS, developers, contractors and other private enterprise from time to time extends water line and water service to provide for such private development; and WHEREAS, concurrent with the improvement, replacement or extension of water lines, the safety and welfare of the citizens mandate that fire protection be available to protect life and property; and WHEREAS, providers of utility services and developers/contractors who actually plan, design and install such line extensions are in a superior position to comply with such standards as may be imposed, and to install fire hydrants during such extensions; and WHEREAS, the provision for fire safety and hydrants is an inherent function of municipal government and an essential service for its citizens, and WHEREAS, the City of Okeechobee is authorized by Ch. 180, Florida Statutes to regulate the manner of utility service offered to its citizens; NOW THEREFORE the City of Okeechobee, Florida hereby adopts and enacts the following ordinance: Sec. 18-37. Extensions of water system. (1) This ordinance shall be applicable to any utility, private company, authority, developer, contractor, or other person or entity, (hereafter called "provider") that engages in the service, installation, repair, improvement or replacement of water lines and water service within the corporate boundaries of the City of Okeechobee, Florida. (2) Any provider must apply for, and obtain, a permit from the City of Okeechobee prior to engaging in these activities, according to the requirements and on the forms as provided for, by the City by resolution of the City Council, or at the direction of the department of general services, and also obtain such other approval or permit from any local, state or Federal agency as may be applicable to the project. (3) If the provider is a developer, contractor or other private entity, such provider, when entering into the development agreement with the City, must include in such agreement an understanding that such provider shall be responsible for all costs associated with the work and materials contemplated in the plans and specifications for the line extension. (4) Any provider engaging in these activities must include in the plans and specifications therefor the requirements, procedures, guidelines and mandates of the manuals of the National Fire Protection Association (NFPA) as presently promulgated or as hereafter amended, as well as any other local, State or Federal requirement that may be applicable to the project. (5) Prior to commencing construction, the provider must submit to the City for review and approval, the final set of plans, specifications or engineering drawings, which will be reviewed by the technical review board for compliance with this ordinance, with the standards of NFPA, and with any other necessary local, state or Federal permit or consent. Page 1 of 2 (6) In addition to the requirements herein, any water lines that are extended within the municipal boundaries of the City must be of sufficient size to provide for fire protection, through the installation of hydrants which size shall also be determined by considering future growth in the area of extension, or other on -site fire protection services or devises. All providers must include in plans and specifications for line extensions the placement of fire hydrants along the line and at such distances as dictated by the manuals of the NFPA depending on line size, flow, and other factors as may exist, and install such hydrants during line extension at no cost to the City of Okeechobee. (7) All providers are required, prior to completion of construction of the project, to notify the City and obtain an inspection of the right of way, installation of line and hydrant, and returning the site to its original condition by the road department or such other agent of the City. All such work and site repair of the right of way shall conform to the original plans and specifications, the recommendations of the technical review committee, local, state or Federal requirements, or such other reasonable requirements as directed by the City. THIS ORDINANCE WAS CONSIDERED AND APPROVED for further consideration at the first reading and public hearing on the 21 ! day of March. 2000 during a regular session of the City of Okeechobee City Council. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk THIS ORDINANCE WAS CONSIDERED AND ADOPTED after the second reading and public hearing on the 41h day of April. 2000, during a regular session of the City of Okeechobee City Council. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 JoAnne Holman Clerk of the Circuit Court - St. Lucie County 40 File Number: 1774478 OR Bfl�i( 1-271. PAGE 0529 Recorded: 12-29-99 09:31 A. ORDINANCE NO. 99-22 AN ORDINANCE AMENDING CHAPTER 1-20.5 WATER AND SEWER OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO PROVIDE FOR SECTION 1-20.5-1 WHICH WOULD PROVIDE STANDARDS FOR FIRE HYDRANT INSTALLATION FOR UTILITIES PROVIDING WATER SERVICE IN THE UNINCORPORATED AREA OF ST. LUCIE COUNTY, FLORIDA; AMENDING SECTION 1-20.5-40 ENFORCEMENT TO ALLOW THE FIRE MARSHALL TO ENFORCE THE PROVISIONS OF THE ORDINANCE; PROVIDING FURTHER FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County has recently experienced devastating brush fires resulting in property damage of several million dollars; and, 2. Adoption of regulations pertaining to fire hydrant installation within the unincorporated area of St. Lucie County is essential to the health, safety and welfare of the citizens of St. Lucie County; and, 3. The St. Lucie County Fire District has recommended that the County adopt Ordinance No. 99-22. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: PART A. ARTICLE I "'REGULATION OF WATER AND SEWER UTILITIES" OF CHAPTER 1-20.5, "WATER AND SEWER" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: Section 1-20.5-1 Standards for Fire Hydrant Installation Any water utility drovidina water service within unincoroorated St. Lucie County shall comoiv with the followina standards for water mains, lines or connections, installed or r l2laced after the effertive dater of this ordinance:, OR BOOK 1271- PAGE 0590 LQ There shall be fire hvdranta located and in service within 600 feet of each other in all areas zoned for sinale=fDmily residential usage. multi-familv, commercial, and industrial usage for flows reguirina 1.000 gallons per minute. The hvdrant spacing rgauirements shall be 1.000 feet for fire flows reouiring 500 gallons per minute. All fire hvdrant,S shall be located within dedicated public or private riaht - of way. which shall be paved or readilv traversa.Ll by firefiahtina equipment, with reguired minimum separation distance to be measured by roadwav travel there L, All water mains intended and orovidina water for fire protection shall have a diameter of no less than eight inches except that lower sizes of not less than six inches may be allowed by the St. Lucie County Fire District based on needed fire flow as determined by the Fire District, Lam, Mg minimum size water main(!5.) and fire flows shall be determined by the Fire Marshal and based on the current Insurance Service Officer requirements. J0 There shall be no requirements for the establishment of fire hydrants in areas zoned for agricultural usage. For the purooses of this section, water utility means anv private utilitv or pUDlic. oovernmenolly owned utility operatina providing water service in i inincomnrated St Lucie County, 1-20.5-40 Enforcement Every police officer, sheriff, or fire marshall having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the county administrator may also delegate enforcement responsibility for this article to agencies and departments of county government, or cities in the service areas governed by this article, in accordance with state and local law. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. • • OR BOOK 1271. PAGE 0531 D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 7th day of December, 1999.; .: �.. .,.. BOARD OF COUNTY COMMISSIONERS_ ATTEST: ST. LUCIE COUNTY, FLORIDA B BY. DEPUTY CLERK CHAIRMAN := ;` �� fA _ "Pat COG, APPROVED AS TO FORM AND CORRPTES:Y A O EY • • EXHIBIT 11 - 3 / 21 AGENDA ORDINANCE NO. 748 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 164, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, 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: All the alleys in Block 154, OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5 Page 5, Public Records of Okeechobee County, Florida; said alleys running East and West between Parrott Avenue on the West and Northeast 2nd Avenue (f/k/a Tallahassee Street) on the East and running North and South between and adjacent to the East line of Lots 4, 5, and 6 and the West line of Lot 3. 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 18' day of April,. 2000 , and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 2V day of March , 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 18t' day of April, 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney Page 1 of 1 819 voommmmon® A U&S WAL sommummumm©f 71HC911]11114'IHF9H11d 4 SE 3R' 3 2 t 6 5 4 3 2 1� 6 5 4 3 2111 5 6 7 91,011. XC::)T 11 1 7 8 9 t t 1 g SE 4TH ST (100') 6 5 4 3 2 1 L 52 G � 2H 718[JOItlh2 IK J !LIST (70) 3 2 t 4 3 2 1 5 I6I718I n 2 1 1 3 2 1 3 6 5 [41-312 1 6 5 4 3 9 8 7 2 Z t 3 I 78 l,7 8 9 „, R84 5 M 4TH ST (100� I Z z fi t 3 2 1 6 5 4 3 2 1 8 5 4 3 2 1 HIS 2 111 3 4 5110 7 8 gRilli 7 8 9 t1 5 6 ST(7tl 1 13121 1 1 6151,1]312111 6 5 4 3 2 1 9 8 7 2 3 IL.645 11 7 8 7 8 9 1, 11 4 5 3 2 1 6151413I211� 6 5 4 3 2 , 6 5 4 3 2 1 8 5 4 3 2 1 R65 6 I11�11lllh8 it 7 891 717 8 9it 7 8 9 11 7 8 91 111 9 r` NE 4TH ST (100') _ WW 5 3 2 1 6 5 4 3 2 11? 6 5 4 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 `-� 1615 4 � _ I t 8 11 7I8I9��11'j7I8I91 11Il j"jj7IB 9��71�2� 7 8 9 1 tt 7[8T9 111111 r1 II 1j' ' co 9 w E3RDS1(0) z z 4 5 321 654321 �6I51413121 654321 654321 654{ fi I 7 17181'[JIII11171819�jlfl� 9 7 8 9 t 7 8 91 t1tI� 7 89 E0 ST (70 ) 2 t 1 4 6 5 4 3 2 1 JJ5 4 Z S 3 2 t 6 5 4 3 2 t 6 5 4 3 2 1 6 5 4 3 2 t 8 S 4 3 2 t 6 5 4 6 5[413J 3 7 8 9 1 1t 7 8 9 t 1t 7 8 9 ii 71819111 11h 17181'9t]"Ill 171814+fl 7 8 9 1 17 7 8 9 • NE PARK T (0) E r� R P I I SE PARK ST 70') I 6 5 4 3 2 t 6 5[413]2Ill 6 5[413]2t 6 5 4 3 2 t 4 3 2 1 1 10 7 46 7 8 9 1 111 7 B 9 111 7 8 9 11 8 it 1 9 SE 6 5 [Id 2 t 6 5 4 3 2 t 16151.13[2[11 I I I h181,911-H,s 7 8 9 11 7 7 8 9 11 t 7 1 �6151.131211 H113],2'I A 2 3 4 1� 5 12 6 HUMA- U©0M©E 91817 1 Ln V3 CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: APPLICATION NO. Sembler Retail, Inc., by Tom W. Conely, III C •�• �. 1 P.A., P. O. Drawer .:<��;:��>.�.•.��,.�.s�k.:...��:,.�.�;::, ::<.::...;:«:.:;. /o Conely & Cone y, Okeechobee, Florida 34973-1367 (863) 763-3825 All the edallein y in Block OKEECHOBEE, according to the plat thereof recY 5 Page 5, public records of Okeechobee County, Florida;said alleys running east and west between Parrott Avenue on the West and NE Second Avenue (Tallahassee Street) on the east and running Nerth amd South bF@tyegn and adjacent to the East line of Lots 4, 5 & 6 an i n mnc 7 -I nP of T.n To construct a permanent building to be used an an F.ckerd Store_ SIGNATURE OF APPLICANT: oregoi instrument was acknowledged before me this February 14, 2000 by (date) Tom W. Conely, III and , who is personally known to me or (applicant) (co -applicant) who produced _ (signature) SIGNATURE OF CO -APPLICANT: as identification and who did (did not) take oath. Notary Public, Commission No. April L. Rose (Name of Notary typed, printed or stamped) 2/15/00 Authorized Signature Date Cleveland Lamb, Interim Public Works Director Typed Name & Title No comments or objections to allev closing. A th rized Signat e R. Farrenkopf, Police Chief Typed Name & Title FIRE I��RARTMIMNT` 2/15/00 Date No obiections or ramments to ;411py nin^4^g_ 2/16/00 Authorized Suture Date r,. Keith Tomey, Fire Chief Typed Na & Title APPLICATION APPROVED BY: BONNIE S. THOMAS, CITY CLERK 3/1/00 DATE