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1993-12-30 Special MeetingCITY OF OKEECHOBEE CITY COUNCIL SPECIAL MEETING SUMMARY OF COUNCIL ACTION A. Call Special Meeting to order on December 30, 1993 at 7.00 P.M. B. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff Attendance: Attorney John R. Cook Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk Lane Gamiotea C. Discussion proposal from Okeechobee Beach Water Association - City Attorney (Exhibit 1). Mayor Kirk called the Special Meeting to order at 7:34 p.m. on December 30, 1993. Clerk Thomas called the roll. Present Present Present Present Present Present Present Present Present Mayor Kirk stated the purpose of this special meeting was to discuss a proposal from Okeechobee Beach Water Association (OBWA) and then turned the meeting over to Attorney Cook. Attomey Cook explained to the Council an offer outlined by letter in Exhibit One from OBWA. The offer is based on an agreement concerning the service area. in the letter is an "ultimatum to settle this case by December 31, and failing to do so. OBWA plans to -give their system to Okeechobee County with the provision that at no time will the system inter -connect with the Citv's." X X X X X X X X X Page) of 3 247 ME C. Discuss proposal from OBWA continued: December 30, 1993 - Special Meeting - Page 2 of 3 Attorney Cook, Attorney Rick Lotspiech (co -counsel in Tallahassee and Engineer Bill Reese recommend not approving the proposal from OBWA. Council discussed the issue at length. Attorney Cook also advised, "the County Commission adopted, at the urging of the business Council, the suggestion to recommend a sixty (60) day moratorium on all court action between the parties. In this time period, a task force composed of members from each interested party, would meet to go over the alternatives and to hopefully arrive at a decision that would benefit all the citizens of Okeechobee County" and recommends the City Council do likewise. Mayor Kirk commented that OBWA has asked, the City offered to give, then they do not want what they asked for and we come out looking like the bad guys. Continuing that he did not see where the City has a choice and he did not know what to do next, except just be bull-headed and settle it in court. He feels a utility authority is needed for this community but somebody's not wanting what they say they want. Councilmember O'Connor stated on December 31st OBWA is going to do what they want therefore he moved to follow staff recommendation and turn down OBWA offer, seconded by Councilmember Watford. Councilmember Watford asked if there was any reason why OBWA would not agree to the latest suggestion from the Economic Council? Mayor Kirk responded it was his understanding that their (OBWA) leadership will not have anything to do with the City. Councilmember Watford also asked if the last bond issue was based as OBWA as a customer or not? Administrator Drago responded the revenue stream for the last bond issue is set up showing OBWA will not be a customer after '94. C. Discuss proposal from OBWA continued: ADJOURNMENT Mayor Kirk NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. James E. Kirk, MAYOR ATTEST Bonnie. S. Thomas, CMC, CITY CLERK December 30, 1993 - Special Meeting - Page 3 of 3 Vote on motion: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:00 p.m. 249 Q ease .w- ao �l '71 73 e- � oz�wA - Cry ,Q� (fx- �) . a A*% qw 4$k &U sfatio Tk" ff"Ot � COunCLQ A I A MC� aA:k �U* Q�,C�.�l.�c try m4- rno �?�,� lb POO AA)Sa4-4, aij 64bczioc, o�o 4?kol f 7� mlv,- f�4n.� a.�C tot -Auft up kt&.l It IL �r IOKEECHOBEE CITY COUNCIL MEETING A. Call Special Meeting to order on December 30, 1993 at 7:00 p.m. B. Mayor and Council Attendance; Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Counciimember Jerry E. Walker Councilmember Dowling R. Watford, Jr. City Attomey Cook_ City Administrator Drago City Clerk Thomas Deputy Clerk Gamiotea C. Discussion proposal from Okeechobee Beach Water Association - City Aftomey (E`1) ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VER13ATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. oKe�cyo- -�= City -of Okeechq 55 S.E. Third Avenue December 16, 1993 To: City Council From: John Cool: City Attorney re: OBWA/Okeechobee County laws To update you on r h.J 1 itig; rather a demand, to nettle this cas do so, they plan t!, .tiv< ':heir sy: the proviso similar to th=, � in the time will the syst t.,w:- l.11:. connec debt be passed on to (�MJA customers You can see 1);: the 1-fitter, carving up the service area, but Wolf Road estensi.:7n: "oL,_-n terri landowners choosing t•:lhi•�h .system i Since all this is r)wned? .�v Jack C would deal with 0i7t•-', though i property, and na •.:l1711i,:e 11: waste their own plant. I met v•-. , .:.; �l. ,,. �,••eml::er Burton Conner; L• . C . Bill Tallahassee la= y-i- :iss all the alternative.;, that the OBWA is r,ot Ift tl:- '...` i:lTrests c customers. We, plan _ _ review this week, for a fi:ial r•-g,oi•t: ;1 •ick to t to be set on Decembei 30, Ior fins I learned t:odn - ' h a r ' t!e Count urging of the bus in,-:7s counci1, tl day moratorium ::r: I '• coo ,-: t: actin time period, a task :omp-osed party, would meet: ,-> •11rer the arrive at a th-*t would Okeechobee Cotintl . i T•I(-.„1d rec resolution this ev­.Ling ;•.i =o agree ida 34974-2932 a 813/763-3372 ion, OBWA has made an offal:, by December 31, and failing to em to Okeechobeei County, with .ranchise ordinance that at no nor will any part of a City (copy of OBWA letter attached) .at they propose an agreement saving the area below the new )ry" so to speak, with the ey would prefer to deal with. ter. there is little doubt he ere are no water lines to tiffs Ater service, absent building i, with ti,�? ('ct,int1 Attornf,v; eesp, and Rick t,otsplech, (Wr is. Staff opinif.-n, considering )ffer outliner ,n their letter till' City, nC•.. its utility itire scenario :lain this nczt Co,inc•i .1 at a :-t)ecial meeting council action. Commission h-as adopted, at the suggestion to recommend a 60 between the Dar ties . In th4.s f members from Pach interested it terna.tives IT," to hopefully benefit all the c•itiz�ns of unend that this council ! v :o the 60 :lay p - riod. Perhaps, in l i.ul,? ,r his new dEvelopment, OEM% would bach ,•H on their Decemhe_ _!. tum and so worl: _n � t-h i - process: w--' 1 1 have to see. -r--- John R. Cook l� •1V Ivu.VVi r .U4 -._._ November 16,1 John Cook, Esquire Okeechobee City Attorney (Band Delivery) RI:: OBWA vs. City of Okeechobee Dear John: T7te following is what I think would be a reasons between OBWA and the City: 1. The following service area will be s n) l verything4est. <'tnd south o b) S32-T37S-R35E (Wolff and - c) North 1/2 of S5-'I'38S-R35E, e (i) S3 and (-T38-R35E, except Ic c) S35-T37S-R35E: f) S36-Ta7S-1135E, except Row < parcel in the NE.114 not pres g) S25-T37S.R35E h) S26-T37S-R35) , except any Presently served by OBWA. 2. The following service area will be sei a) S33-T'37S-R35I 1 long-term settlement of the disputes ed by OBWA: e excistiug 201 Service Area. fis property) :ept for existing City customers. existing City customers. id Foundation property and any other tly served by O13WA. north of 'Taylor Creek not by the City: b) S30 and 31- S-RNE, and eiytbing east and southeast thereof. c) Rowland Foundation properi and any other parcel in the NI:?1/4 of S36-T.37-R35E not presently erved by OBWA. (1) Everything north of Taylor Cr k lying in S26= I17S-IZ35 not presently served by ORWA. 2lob%v-At-.RY\C%mk 111 LIU 1-L1 V1J '-1 L'I VJIVI 3. OBWA will give the King's Bay a 4. As to any portta of S27---J'xS-; prop cd Wolff Ro Eatensi"on`s that we leaved u to the propos It A entity wi rve a parse . J iris ar developable d between two serves that atea. 5. OBWA will agree to an amends reduce our service area within th, outlined above:. G. The City will drop all further chalk plant and well field. Please advise. Sincerely, BURTON C. CONNER BCC/ktd T LCt- 10. yJ 1 f • 10 iiu uul r.uo y :r plant to the City. M ait �34-Z'375- 3 south the served by BWA or the ty, t �vo d veloper of c. t parcel to de ' e `v is o and is truly 11", 'IC gr01 ' of item . so let the mar t determine who t to the francbise from the County to Ol. Facility Planning Area to the Iimits to the const111ction of 013WA's water Z\xA,%vak;iy\ronkI i l Ur-t 2