1994-10-18441
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Meeting to order on October 18, 1994 at 7:00 p.m.
B. Invocation offered by Pastor Mark Belleville;
Pledge of Allegiance led by Mayor Kirk.
C. 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:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
PAGE 1 OF 11
Mayor Kirk called the to order on October 18, 1994 at 7:04 p.m.
Pastor Mark Belleville offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
D. Motion to dispense with the reading and approve the Summary of Councilmember Entry moved to dispense with the reading and approve the Summary
Council Action for the regular meeting of October 4, 1994. of Council Action for the regular meeting of October 4, 1994; seconded by Council -
member Watford.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
442
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 2 OF 11
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL I Mayor Kirk asked for any additions, deferral's or withdrawal of items on today's agenda,
OF ITEMS ON TODAY'S AGENDA. I there were none.
E. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION III Mayor Kirk opened the public hearing at 7:06 p.m.
1. a. Motion to read by title only Ordinance 676 - City Attorney Councilmember Watford moved to read by title only (proposed) Ordinance No. 676
(E_1) (closing the alley in Block 207, First Addition to City of Okeechobee, Application No. 45
by Gil Culbreth); seconded by Councilmember Walker.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 676 by title only as follows:
"AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR
ALLEYWAYS LOCATED IN BLOCK 207, FIRST ADDITION TO CITY OF OKEECH-
OBEE, AS RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS,
OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCES-
SORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES
PURPOSES; 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; AND PROVIDING FOR AN EFFECTIVE DATE."
b. Motion to adopt Ordinance 676. Councilmember Walker moved to adopt (proposed) Ordinance No. 676 (closing the
11 alleyways in Block 207, First Addition to City of Okeechobee, Application No. 45 by Gil
Culbreth); seconded by Councilmember O'Connor.
X
X
X
X
X
E
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 3 OF 11
E. PUBLIC HEARING FOR ORDINANCE ADOPTION
1. c. Public comment. Mayor Kirk asked if there were any comments or questions from the public. There were
none.
Mayor Kirk then asked for any comments or questions from the Council. Councilmember
Watford commented this alley closing was a special case, the applicant owns all the
property except one lot, it is commercial property and easements needed are addressed
in the ordinance, therefore he would not have a problem with the alley's being closed.
Councilmember Entry asked where the property was located? Clerk Thomas responded
behind Parrot Tire and Snapper Lawn Mower dealership.
1. d. Vote on motion. Mayor Kirk called for a vote on the motion to adopt the proposed Ordinance No. 676:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
CLOSE PUBLIC HEARING III Mayor Kirk closed the public hearing at 7:09 p.m.
F. NEW BUSINESS
1. Motion to appoint Beverly Fell as a regular dispatcher - Councilmember Entry moved to appoint Beverly Fell as a regular dispatcher; seconded
Police Chief. by Councilmember Watford.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
X
X
X
X
X
X
X
X
X
X
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 4 OF 11
F. NEW BUSINESS
2. Motion to appoint James Choguette as a new firefighter - Councilmember Watford moved to appoint James Choguette as a new firefighter;
Fire Chief. III seconded by Councilmember Walker.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
3. Motion to appoint Phil Conroy and Glen Hodges as a regular Councilmember Walker moved to appoint Phil Conroy and Glen Hodges as a regular
firefighters - Fire Chief. III firefighters; seconded by Councilmember Entry.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
4. Hear from the residents of Dean's Court - Pat Grant (E-2). Mayor Kirk asked Mrs. Pat Grant to address the Council concerning Dean's Court.
Mrs. Grant stated she wanted to thank the Council for all the clean up that has been
done in the Dean's Court area using the C.O.R.E. weekend workers. Also that the
property owners have to continue to keep their property clean, but would these clean
up crews be coming in the area to clean the alleyways and streets on a regular basis?
Council with Public Works Director Elders explained that once alleyways and City right
of ways are cleaned out due to vegetation overgrowth, the Public Works department can
then come through the area with the lawn mowers to keep the growth down as is done
all over the City on a rotation schedule.
X
X
X
X
X
X
X
X
X
X
445
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 5 OF 11
F. NEW BUSINESS
4. Hear from the residents of Dean's Court continued: Program Coordinator
Grant should contact Directorts also Eldersand he would see to it thatded that if any problem areas rthe'
that C O R.E
scovered
workers were scheduled in the area again.
5. Hear from DOT regarding the State Road 70 widening Mayor Kirk asked Mr. Alex Hull to address the Council regarding the State Road 70
project - Mr. Alex Hull (E-3). widening project.
Engineer Alex Hull of Professional Engineering Consultants, Inc. who are the engineers
for the Department of Transportation addressed the Council and those present on
DOT's plans to widen SR 70 West from West of Eagle Bay Drive to West of 7th Avenue
Northwest.
He explained in detail the project's limit's (Eagle Bay Drive to 7th Avenue); traffic
projections (which is why DOT feels the widening is needed); alternatives develop-
ment/screening; evaluation matrix; the preferred alternative (which is to 5-lane SR 70
within the project limits); and the projects schedule.
There was a lengthy discussion between Engineer Hull, Kim Warren (Project Manager,
DOT), Council and citizens present being Marvin Wherrell, Wayne Harden and Allen
Lewis. The citizens expressed their concerns over the right-of-way acquisitions, which
would take away parking in front of their businesses, create lower values of their
property and two business would have to be relocated.
Mayor Kirk instructed all the property owners to send letters to the City Administrator
stating their concerns and he would send copies to all the Council. The Mayor will then
send a letter to DOT listing all the citizens concerns and see if the alternate project
could be looked at closer.
The alternate project is to make ST 70 West from the Railroad to the City Limits a one
way street for traffic proceeding West and South Park Street from the City limits to
Block 198 of the City to be designated as a one-way street for traffic proceeding East.
/VA e
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 6 OF 11
F. NEW BUSINESS
5. Hear from DOT regarding the State Road 70 widening Mayor Kirk thanked Engineer Hull and Ms. Warren for their time and for presenting the
project continued: 11 project. There will be a Public Hearing on this project on November 17, 1994 at 7 p.m.
at the Okeechobee High School Cafeteria.
6. Motion to approve a partial pay request to Better Roads in Councilmember Watford moved to approve partial pay request number three to Better
the amount of $33,283.97 - Director of Public Works (E-4). Roads in the amount of thirty-three thousand, two hundred eighty-three dollars, ninety-
seven cents ($33,283.97) for the 94 Road Improvements as recommended by Engineer
Kafer of Lawson, Noble and Associates; seconded by Councilmember Walker.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
7. Motion to approve a partial pay request to CenState Councilmember Watford moved to approve partial pay request number seven to
Contractors in the amount of $37,211.94 - Director of Public CenState Contractors in the amount of thirty-seven thousand, two hundred eleven
Utilities (E-5). dollars, ninety-four cents ($37,211.94) for the water distribution system Improvements
as recommended by Engineer Jensen of Reese, Macon and Associates; seconded by
Councilmember Entry.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 7 OF 11
F. NEW BUSINESS
8. Motion to approve a final pay request to Kimmins Contracting Councilmember Watford moved to approve final pay request (number two) to Kimmins
Corp. in the amount of $16,108.25 - Director of Public Contracting Corp. in the amount of sixteen thousand, one hundred eight dollars, twenty -
Utilities (E-6). five cents ($16,108.25) for the demolition of the old wastewater treatment plant as
recommended by Engineer Groover of Knepper & Willard, Inc.; seconded by
Councilmember Walker.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
9. Motion to install a 6" water main on Southwest 11th Drive in Councilmember Walker moved to install a 6-inch water main on Southwest 11th Drive
the amount of $33,952.50 to G.E. French Construction - in the amount of thirty-three thousand, nine hundred fifty-two dollars, fifty cents
Director of Public Utilities (E-7). ($33,952.50) to G.E. French Construction; seconded by Councilmember Watford.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
10. Motion to approve an engineering services contract in the Councilmember Entry moved to approve an engineering services contract in the amount
amount of $23,400.00 with Knepper & Willard, Inc. - Director of twenty-three thousand, four hundred dollars ($23,400.00) with Knepper & Willard, Inc.
of Public Utilities (E-8). for on -site inspections during construction of the Big Lake National Bank Lift Station,
Northeast 6th Avenue Lift Station and Southeast 7th Street Lift Station; seconded by
11 Councilmember Watford.
X
X
X
X
X
X
X
X
X
X
F. NEW BUSINESS
10. Motion to approve an engineering services contract in the
amount of $23,400.00 with Knepper & Willard, Inc. contin-
ued:
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 8 OF 11
Vote on motion is as follows:
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
11. Motion to approve an engineering services contract in the Councilmember Entry moved to approve an engineering services contract not to exceed
amount of $20,000.00 to Reese, Macon and Associates- twenty thousand dollars ($20,000.00) to Reese, Macon and Associates to do a Surface
Director of Public Utilities (E-9). Water Treatment Plant Evaluation; seconded by Councilmember Watford.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
12. Motion to adopt Resolution 94-17 - City Administrator (E-10). Councilmember Watford moved to adopt Resolution No. 94-16. Mayor Kirk explained
the Resolution number was incorrect and should be numbered 94-17. Councilmember
Watford withdrew his motion.
Councilmember Walker moved to adopt (proposed) Resolution No. 94-17 requesting a
waiver of processing and permit fees from the Department of Environmental Protection
and the South Florida Water Management District; seconded by Councilmember
Watford.
X
X
X
X
X
X
X
X
X
X
F. NEW BUSINESS
12. Adopt Resolution No. 94-17 continued:
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 9 OF 11
Attorney Cook read proposed Resolution No. 94-17 as follows:
"A RESOLUTION OF THE CITY OF OKEECHOBEE REQUESTING A WAIVER OF
PROCESSING AND PERMIT FEES FROM THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND SOUTH FLORIDA WATER MANAGEMENT AND PROVIDING FOR
AN EFFECTIVE DATE."
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
13. Motion to adoption Resolution No. 94-18 - City Administrator Councilmemb nbea ker.
rWaWoved to adopt (proposed) Resolution No. 94-18; seconded
(E-11) by Councilme
Attorney Cook read proposed Resolution No. 94-18 as follows:
"A RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE
DATE."
Administrator Drago stated.there is a six percent (6%) increase.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
X
X
X
X
X
X
X
X
X
X
4 0
F. NEW BUSINESS
14. Discuss the Utility Working Group - Mayor Kirk (E-12).
15. Discuss Halloween - Mayor Kirk.
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 10 OF 11
Representatives from Dean, Mead & Minton and Hartman & Associates addressed the
Council going over the proposed agreement that would create a "Temporary Utility
Authority." The temporary authority will have the following powers:
- to have perpetual succession;
- to incorporate, adopt a corporate seal, alter it and conduct business;
- adopt bylaws, make rules and regulations;
- employ engineers, attorneys, accountants;
- construct and maintain a water system or a wastewater system, or both within the district;
- finance for the construction & maintain of the water or wastewater system, or both.
- construct and maintain water lines and/or wastewater lines or both;
- adopt uniform extension policies.
- establish an annual budget;
- establish billing procedures for rates;
- establish billing collection system and penalties for non -payments;
- acquire property needed;
- supervise the construct ion/maintenance of water and/or wastewater systems, or both;
- enter into contractstagreements;
- receive and use technical; assistance from the County or City when needed;
- apply and receive grants
- provide water and/or wastewater to the County and the City, and any other local governmental entity
that subsequently becomes a member of the Authority.
Following lengthy discussion, Council conceptually agreed to the terms set out in Exhibit
Twelve with the modification that there should not be alternate board members.
The next step will be the master transfer agreement which is the "nuts and bolts" of the
authority.
Mayor Kirk stated this item of discussing Halloween has been taken care of. (Halloween
will be observed on Monday, October 31, 1994).
451
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 PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
James E. Kirk
Mayor
ATTEST:
OCTOBER 18, 1994 - REGULAR MEETING - PAGE 11 OF 11
There being no further items on the agenda, Mayor Kirk adjourned the regular City
Council meeting at 10:05 p.m.
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AN ORDINANCE CLOSING, VACATING AND ABAN ONING THE ALLEYS
)R ALLEYWAYS LOCAI'ED IN BLOCK 207, FIRS'(')WDITION TO CITY OI'
OKEECIIOBEE, A5 RECORDED IN PLAT BOOK 1, AGE 11, PUBLIC
RECORDS, OKEECHOBEE COUNTY, FLORIDA; i ERVING UNTOTHE
CITY ITS SUCCESSORS AND ASSIGNS, A NON -EX LUSIVE EASEMENT
I FOR PUBLIC UTILITIES PURPOSES; AND DIRECT G THE CITY CLERK
TO RECORD THE ORDINANCE IN TIIE PUBLIC RECORDS OFTHE CLERK
OFTHE CIRCUIT COURT IN AND FOR OKEECIIO13EE COUNTYFLORIDA;,
AND PROVIDING FOR AN EFFEC'I'1VE DATE.
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PRESENTATION OUTLINE
SR 70 PD&E STUDY
From West of Eagle Bay Drive to West of 7th A
Okeechobee County
SPN: 91070-1506
WPI: 1117175
October 18, 1994
1. Project Limits
2. Traffic Projections
3. Alternatives Development/Screening
4. Evaluation Matrix
5. Preferred Alternative
a) Typical Sections
b) Alignment
6. Project Schedule
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WATFORD
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O'CONNOR
WALKER
WATFORD
/CARRIE / DENIED
A RESOLUTION OF THE CITY OF OKEECHOBEE REQUESTING A
WAIVER OF PROCESSING AND PERMIT FEES FROM THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
SOUTH FLORIDA WATER MANAGEMENT AND PROVIDING FOR AN
EFFECTIVE DATE
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KIRK UN
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O'CONNOR
WALKERWATFORDCA
RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR
AN EFFECTIVE DATE.
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1N ORDINANCE
CLOSING, VACATING AND ABANDONIIN
()R ALLEYWAYS LOCATED IN BLOCK 207, FIRST ADDIT
OKEECIIOBEE, AS RECORDED IN PLAT BOOK PAGE
RECORDS, OKEECIIOBEE '
COUNTY, FLORIDA; RI;SERVIi
CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIti
FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING TIi
TO RECORDTHE ORDINANCE IN TIIE PUBLIC RECORD
OI' TIIE CIRCUIT COURT IN AND FOR OKEECI
AND PROVIDING FOIL AN EI'FECTIVE DATE. IOBEE C(
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A RESOLUTION OF THE C1ANOF ERMiT' FEES FROM THEOKEECHOBEE
A
WAIVER OF PROCESSING
DEPARTMENT OF ENVIR MPROTECTION
AND PROVIDING FOR AN
SOUTH FLORIDA WATER ANA MANAGEMENT
EFFECTIVE DATE
ao PWt.c—
RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF
AND PROVIDING FOR
FLORIDA DEPARTMENT OF TRANSPORTATION
AN EFFECTIVE DATE.
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CITY OF OKEECHOBEE
CITY COUNCIL MEETING
OFFICIAL AGENDA
A. Call Meeting to order on October 18, 1994, at 7:00 p.m.
0 B. Invocation offered by Reverend Mark Belleville; Pledge of Allegiance led by Mayor Kirk.
C. 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:
City Attorney Cook
City Administrator Drago
City Clerk Thomas
_ . .1 . - ---
--
D. Motion to dispense with the reading and approve the Summary of Council Action for the regular
meeting of October 4, 1994.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA
�J
OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION
1. a. Motion to read by title only Ordinance 676 - City Attorney (E-1) ,W bl
b. Motion to adopt Ordinance 676
c. Public comment
d. Vote on motion
CLOSE PUBLIC HEARING
NEW BUSINESS
U, Motion to appoint Beverly Fell as a regular dispatcher - Police Chief
L`/ Motion to appoint James Choguette as a new firefighter Fire Chief
3 Motion to appoint Phil Conroy and Glen Hodges as regular firefighters - Fire Chief
4/ Hear from the residents of Dean's Court - Pat Grant (E-2)
Hear from DOT regarding the State Road 70 widening project - Mr. Alex Hull (E-3)
6. Motion to approve a partial pay request to Better Roads in the amount of $33,283.97
Director of Public Works (E-4)
fil
.,,.7/ Motion to approve a partial pay request to CenState Contractors in the amount of $37,211.94
Director of Public Utilities (E-5)
8. Motion to approve a dal pay request to Kimmins Contracting Corp. in the amount of $16,108.25
Director of Public Utilities (E-6)
2 Motion to approve the installation of a 60 water main on S.W. 11 th Avm in the amount of
$33,952.50 to G. E. French Construction - Director of Public Utilities (E-7)
1ql Motion to approve anctengineering services contract in the amount of $23,400.00 to Knepper and
Willard - Director of Public Utilities (E-8)
11. Motion to approve an engineering services contract in the amount of $20,000.00 to Reese, Macon
and Associates - Director of Public Utilities (E-9)
12 Motion to adopt Resolution 94-,� AftAdministrator (E-10)-- W
13 Motion to adopt Resolution 94- - ;ninistrator (E-11)
1 Discuss the Utik Working Group - Mayor Kirk (E-12)
15. Discuss Halloween - Mayor Kirk
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
VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED
ORDINANCE NO. 676 0
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS
OR ALLEYWAYS LOCATED IN BLOCK 207, FIRST ADDITION TO CITY OF
OKEECHOBEE, AS RECORDED IN PLAT BOOK 19 PAGE 11, PUBLIC
RECORDS, OKE CHOBEE COUNTY, FLORIDA; RESERVING UNTO THE
CITY ITS SUCCE SORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT
FOR PUBLIC UT LITIES PURPOSES; AND DIRECTING THE CITY CLERK
ITO RECORD TH ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK
OF THE CIRCUCOURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA;
AND PROVIDIN FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY *HE CITY COUNCIL OR THE CITY OF OKEECHOBEE,
FLORIDA, AS FOLLOWS:
SECTION ONE: The following alleys or alleyways are hereby closed, vacated and abandoned
by the City of Okeeclrobe�, towit:
A 15 foot wide alley In Block 207, FIRST ADDITION TO CITY OF OKEECHOBEE, as
recorded In Plat Boo -1, Page 11, Public Records, Okeechobee County, Florida, more
particularly described as that alley running East to West between Lots 1-3 and 9-11; and
A 15 foot wide alley i I Block 207, FIRST ADDITION TO CITY OF OKEECHOBEE, as
recorded hr Plat Book 1, Page 11, Public Records, Okeechobee County, Florida, more
particularly describedas that alley running North to South between Lots 3 and 4 to Lots 8
and 9.
SECTION TWO: The
and assigns, a perpetual,
alley or alleyway in said
between Lots 1-3 and 9-11
SECTION THREE: The
in the Public Records of
SECTION FOUR: This
October , 1994 and shall
Introduced for first
ATTEST:
BONNIE S. THOMAS,
CITY CLERK
Passed and adopted on
1994.
ATTEST:
BONNIE S. THOMAS,
CITY CLERK
APPROVED AS TO
of Okeechobee, Florida, hereby reserves unto itself, its successors
-exclusive easement for public utilities purposes in and over the
207, FIRST ADDITION TO CITY OF OKEECHOBEE,
ty clerk shall cause a certified copy of the ordinance to be recorded
County, Florida.
inance shall be set for final public hearing the 18th day of
effect inunediately upon its adoption.
and set for final public hearing this 20th day of _September , 1994.
IC
A
JAMES E. KIRK, MAYOR
reading and final public hearing this day of
JAMES E. KIRK, MAYOR
JOHN R. COOK, CITY A ORNEY
•
Patricia Grant
Concern Citizen of Dean's Court
916 N.w. 9th Street
Okeechobee, Florida 33472
October 12, 1994
Mr. Drago
City Commission
Okeechobee City Commissioners
Okeechobee, Florida 33494
To Whom 1t May Concern:
We the citizens of Deans Court would like to on the comin
regarding the Cleaning Up and Maintenance in our area.
7`4e k y
Pdtrlcia Grant
Shirley Johnson
Ann Bass
9-up Agenda
F OKEEcy
O
L=�ON
lot City of Okeechobee
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932
At the City Council meeting scheduled for October 18, 19
officials from DOT will be present to explain the State Road 70 n
This will give you an opportunity to tell the City Council your tho
endeavor.
If you have written any letters to DOT or their engineer
me with a copy.
Sincerely,
ZJDr o
mi strator
813/763-3372
at 7:00 pm,
I widening project.
its on this
, please provide
E�
0
CONELY & CONNELY, P.
'I'-W- CONELY. JR. 189'.2.1969
TOM NV. CONELY, 11I
1-107 NORTHWEST °'ND STREET
OKEECHOBEE. FLORMA 34072
September 19, 1994
Ms. Kim Warren
Project Manager
Florida Department of Transportation
Post Office Box 1249
Bartow, Florida 33830
RE: State Road 70 - Okeechobee
Eagle Bay Drive to N.W. 7th
Dear Ms. Warren:
This office represents Alan Lewis and Eli,s
of this city.
The department
Proposals concerning
limits of Okeechobee.
TELEPHONE - (813) 783-3825
TELEPHONE - (813) 763-2767
FACSINfILE - (813) 783-6856
.ounty
Avenue
Western Wear, Inc.
has requested my clients to submit their
the widening of State Road 70 within the city
In my clients, opinion the best alternati,
that part of State Road 70 (North Park Street) %
East Coast Railroad to the municipal city li)
street for traffic proceeding west; South Par
municipal city limits to Block 198 of the City o
designated as a one-way street for traffic procee
the DOT to construct a new road across Block 198
bound traffic onto North Park Street (State Road
East Coast Railroad.
The reasons supporting this proposal are:
1- The cost of construction will be greatl
it will not be necessary to widen either of thes
2. The only cost to be incurred for additi,
will be all or a major part of Block 198.
e is to designate
'st of the Florida
its as a one-way
Street from the
Okeechobee to be
ling east, and for
to re -direct east
'0) at the Florida
reduced because
two roads.
1 right-of-way
3. None of the businesses or residences in
adversely affected or impacted and a majority wi 11 agree will be
Proposal. 9 o this
4. A congestion of traffic at the west
Okeechobee where State Road 70 Park Street
Street merge and intersect willbeavoided and
hazard will be eliminated.
city limits of
and South Park
a major safety
Florida Department of Transportation
September 19, 1994
Page -- 2 --
Thank you for allowing my clients to submi their proposal and
we trust you will give it serious consideration.
TWC,III;lmc
Enclosures: as stated
cc: Alex B. Hall, p.E.
John Drago
Sincerely,
Tom W. II
•
Post Office Box 627
Okeechobee, Florida
September 7, 1994
Florida Department of Transportation
Attention: Ms. Kim Warren
Project Manager
Post Office Box 1249
Bartow, Florida 33831
Dear Ms. Warren: .
First, let me state I feel that State Road 70 west (North Park Street)
North and South Park Streets.
The road will have a direct effect on eight businesses and one home on t
Road 70. It will put four businesses out of business and destroy one hot
The road will have a direct effect on eleven businesses on the north side
Park Street). It will affect seven more businesses, one home, and one ui
When a minimum of 18 feet is taken off each side of the aforementioned
70, the property is destroyed. A 150=foot lot less 18 feet or more does n
for a business. Today the cost of property prohibits mom-and-pop busin4
It would be better to take all the right-of-way from one side if you do not
Park Streets for State Road 70 West.
be divided between
south side of State
State Road 70 (North
:copied house.
roperty on State Road
leave enough room
North and South
By using North and South Park Streets, it would substantially save taxpayers' dollars. I would
lose all of Block 198 when the divided highway
everybody else's property. The small amount of property that would beut
et needed from behindit would save ing
Western Wear and behind the home would be minimal. behind Eli's
At the city limits, I would lose more property. It is the first 414-foot road outage on the south
side of State Road 70. This property is deep enough that it would not dest y the property.
0
0
If you cannot divide State Road 70 between North and South Park Si
best to take all of the right-of-way from the north side of State Road
would buy the land behind them, but they cannot do this on the south
should cost substantially less of the taxpayers' dollars to do it this wa3
time has been spent evaluating what it would cost to do away with bi
of State Road 70.
Again let me state if you take the right-of-way from property on the
all the properties will be destroyed between North and South Park S
Sincerely,
Marvin W. Wherrell
cc: Alex B. Hull, PEC
cc: John Drago
ets, I believe it would be
). With time, businesses
de of State Road 70. This
I do not believe adequate
nesses on the south side
side of State Road 70,
PEC
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
MEMORANDUM
TO: Kim Warren, FDOT District 1
FROM: Ed Buck, P.E., Professional Engineering Cons iltants, Inc.
PROJECT: State Road 70, Okeechobee County
WPI: 1 1 17175
SPN: 91070-1506
FAP: XA-150-3C24
RE:
Meeting with Business Owners/Tennants Mon SR 70 Corridor
DATE: Monday, August 15, 1994
----------------
• A meeting was held on Monday, August 15, 1994 at the Okeechobee City Hall to
discuss the proposed improvements to State Road 70 from Eagle Bay Drive to
N.W. 7th Avenue. '-
• The following people were in attendance:
Dr. Edward Douglas
Douglas Chiropractic Center
912 & 916 West SR 70
(813) 763-4320
Jim Steil
Texaco Station
P.O. Drawer 2707
Vero Beach, FL 32961
(407) 567-7013
✓Alan Lewis
Eli's Western Wear
907 W. North Park Street
Okeechobee, FL 34972
�'Villiam Serrae
`Park Food Ma
1300 53rd Stre t
West Palm Bea h, FL 33407
Bill & Diana Huston
Harley Shop & Tatoo Shop
708 & 710 W.N.Park Street
Okeechobee, FL 34972
Pearl Dover
First House Past ffilvY 98, on right
P.O. Box 988
Okeechobee, FL34972
•
0
Mardin W. Wherrell
P.O. Box 627
Okeechobee, FL 34973
Lawrence D. Feldman
,Army Surplus Store
1118 W.N. Park Street
Okeechobee, FL 34972
Ghanim Darwish
The Angus Restaurant
2054 Hwy. 70 West
Okeechobee, Fl 34974
(813) 763-2040
Chris Chinault
County Administrator
304 N.W. 2nd Street
Okeechobee, FL 34972
(813)763-6441
Susan B. Hughes
County Commissioner - District One
304 N.W. 2nd Street
Okeechobee, FL 34972
(813) 763-6441
Charles Wilson
Big Lake Investments, Inc.
Harden Plaza thru Army Surplus
George Evanko
Speckle Perch
N.W. Corner of 98 R 70
Jack Kidwell
General Manager
Florida Dairy Farmers Association
1005 W.N. Park Street
(813) 763-4886
T.T. Rucks
President
Florida Dair
1005 W.N.1
(813) 763-71
Robert Cardi
Area Manag(
Florida Dairy
1005 W.N.P
(813) 763-64
Mr. John J. 1
City Adminis
55 S.E. 34th
Okeechobee,
Kim Warren
FDOT, Distric
801 N. BroadN
P.O.Box 1249
Bartow, FL 33
Farmers Association
ark Street
Farmers Association
irk Street
venue
L 34974
Bob Wade, P.E.
FDOT, District 1
801 N. Broadway
P.O.Box 1249
Bartow, FL 33 30
Alex Hull, P.E.
P.E.C., Inc.
200 E. Robinso
Orlando, FL 32
Street, Suite 1560
Q
Edwin Buck, P.E.
P.E.C., Inc.
200 E. Robinson Street, Suite 1560
Orlando, FL 3280 1
• I•
Alex Hull opened the meeting with a brief descrip
mentioned that 14 typical sections were evaluated
Right -of -Way requirements were made and it was
key issue in determining the typical section which
Open swale drainage vs. enclosed drainage was ev
drainage being discarded due to its extensive R/W
sections were narrowed down to seven and then &
typical sections. Left, center and right alignments
section. The alignments chosen for this meeting sh
the North side in the County section and from the
• After the description of the project, the landowners i
and asked questions about how the project would im
businesses.
n of the project. Alex
r this project. Estimates of
and that R/W would be the
►uld be used for the project.
sated with the open swale
luirements. The typical
ier narrowed to 2 general
re evaluated for each typical
r the R/W being taken from
,th side in the City.
:ted the display maps
their homes or
• Bill & Diana Huston (Harley Shop & Tatoo Shop) were concerned about impacts
to their property due to the project. PEC responded that the project would not
be taking any R/W from their business. Also, the
approximately 14' from R/W line
the existing travel lane would be
.
• Lawrence Feldman (Army Surplus Store) was concerned about parking in front
Of his stole. PEC told him that there would not be any RAV aquisition from his
frontage. His parking would not be impacted unless he is currently using the
existing R/W for his parking.
• .Tim Steil (Texaco Station) stated that the proposed aquisition (18' of fronta
would essentially put liim ge)
out of business since it would be taking his gasoline
pumps.
• The representatives from the Florida Dairy Farmers Association stated that the
acquisition of I T of frontage would eliminate their scales and would render the
adjacent observation building useless.
• Alan Lewis (Eli's Western Wear) expressed concern that the acquisition of R/W
would eliminate his parking in front of th
business. e store and therefore impact his
•
�I•
PRESENTATION OUTLINE
SR 70 PD&E STUDY
F%in West of Eagle Bay Drive to West of 7th
Okeechobee County
SPN: 91070-1506
WPI: 1117175
October 18, 1994
1. Project Limits
2. Traffic Projections
3. Alternatives Development/Screening
4. Evaluation Matrix
S. Preferred Alternative
a) Typical Sections
b) Alignment
6. Project Schedule
PEC
PROFESSIONAL
200 E. Robinson Si
&Vkm ars
pbnrrors
aw"Yors
N.W.
-lNEERING CONSULTANTS, INC
• Suite 1560.Orlando, Florida 32ao1
C B. HULL, P.E.
Principal
(407) 422-0002
FAX 849-9401
{
r
LAI4SON, NOBLE & ASSO TEL:&-684-181?
Oct 1 04 14 :44 P•Ic .01U P.02/0
LN N*
La son, Noble & Associates, Inc.
October 12, 1994
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, Florida 34974
Attn: Mr. Chuck Elders, Director of Public Works
Re: CITY OF OKEECHOBEE DRAW FR(
LAKE PLACID ow
L.N. & A. Project No. 93-174
Dear Mr. Elders:
�5-y
) MOF
This letter is to certify,,that LAWSON, NOBLE & ASSOCIATES, INC. (L.N. & A.) has
reviewed the attached invoice Application No.3 dated Sep ember 30, 1994, from
Better Roads of Lake Placid for accuracy, and have approved such with no
adjustments, although there is an adjustment because of what appears to be a
payment by the City which was different from the previous nvoice.
If further explanation is needed or if I can be of further assiskance, please call.
Sincerely,
,/vim.•�
Ctiristoph J. Kafer.,,;ii., P� '
Project anager
CJK:Zrp
cc: Dennis Horton - LNA
Enclosures: Invoices
nDV"XELDEnS1.012
Engineers
4;� rah"M{ -.ia Ur:v9 *'Nest, Pairr, Enact, p i mcg • PH. (407) 68-•66a"6 • i:AX (407) 684-1812
***********************
APPLICATION FOR PAYMENT
BETTER ROADS OF LAKE
P.O. BOX 1908
LAKE PLACID, FLA. 338I62
BILL TO: NAME City of Okeechobee
STREET 55 S.E. Third Avenue
CITY Okeechobee, Fla. 34974-2932
PROJECT 1994 Road Improvements
BROLPI JOB # 9460
A. ORIGINAL CONTRACT AMOUNT
B. NET CHANGE ORDERS
C. CURRENT CONTRACT AMOUNT (A+B)
D. VALUE OF WORK FROM PREVIOUS APPLICATI
E. VALUE OF WORK COMPLETED THIS PERIOD
F. TOTAL EARNED TO DATE
G. LESS RETAINAGE (10%)
H. BALANCE (F-G)
I. LESS PREVIOUS BILLINGS
J. CURRENT AMOUNT DUE
STATEMENT OF ACCOUNT:
K. LESS PREVIOUS PAID
L. TOTAL AMOUNT DUE
CONTRACTOR'S CERTIFICATION:
THE UNDERSIGNED CONTRACTOR CERTIFIES THAT (1) ALL PRE
RECEIVED FROM OWNER ON ACCOUNT OF WORK DONE UNDER THE
ABOVE HAVE BEEN APPLIED TO DISCHARGE IN FULL ALL OBLI
INCURRED IN CONNECTION WITH WORK COVERED BY PREVIOUS
UNDER THIS CONTRACT AND, (2) TITLE TO ALL MATERIALS
INCORPORATED IN SAID WORK OR OTHERWISE LISTED IN OR Ci
APPLICATION FOR PAYMENT WILL PASS TO OWNER AT TIME OF
OF ALL LIENS, CLAIMS, SECURITY INTEREST AND ENCUMBRANi
COVERED BY BOND ACCEPTABLE TO OWNER). 09:28
APPLICATION FOR PAYME;
PAY REQUEST # Three (3;
DATE : 9-30-94
INVOICE # 7676
ACCOUNT # 377
189,561.26
0.00
189,561.26
40,012.40
36,981.30
76,993.70
7,699.37
69,294.33
33,283.17
33,283.97
IOUS PROGRESS PAYMENTS
CONTRACT REFERRED TO
ATIONS OF CONTRACTOR
PPLICATION FOR PAYMENT
ND EQUIPMENT
VERED BY THIS
PAYMENT FREE AND CLEAR
ES (EXCEPT SUCH AS
kM 11-OCt-94
DATED 67GTo 8 _Q BETTER ROADS OF LAK LACID
BY : _ O_ G
0
u
core �= C^cn
_ J.._J✓ ��J V..,:.=,J •:-7''Cl.
CON'^7', DkT
Bids Received
?notice to ?roceed
Ca_enda= Days to S"^. r'.cLY_et_cn
Calendar Days to Ccr=let_on
Original Colup1et_cn Date
.xt. l? lowed to Date (days)
New Completion Date
Or=goal Contract imo;.:nt
Change Order No.
Change Order No. 2
Change Orde= No. 3
Change Order No. 4
_AdjLstments to Date
-----
Percentage Compete (S)
ut ✓ -
FaRe 1 of 11
Seven
c - o September Lb,
S `T1AlJ• 7V Or jOB SmS
iota: nc=.. Cor.,p Ietec 641,753.35
?'Jater_a_5 Stored Onsite S 1 i5,1// J
S: )zota1 629,930. 7
,ess Reta-mace #
less 9re,_Ous Ba_-ments
,_mount Due ^ :a Period
S 48.952.47
S 743,766.46
S 37.211.94
Contractor, the undersigned
best of W_ knowledge and belief,
statement of nor per -formed and
ma=er_als delivered. = further cert_`v that the Contractor
S1 226.136.45 has good title for all materials delivered under this partial
oa-,=ent estimate and there are no vendors' liens, mechanics'
liens, or other liens or rights to liens against this job,
and that all prev=oL's partial payments = ece_ved under this
Contract have been applied to discharge in full all of the
Contractor's oh-igations reflected in prior partial payment
- - r ecues�s and -�'-e aou:_y rages payd to ter'!—e mploy ees
68 o prcject the period of this estimate are == acccrda. ce
58u% e wage scale deter:-zin a..=on co:: ta_ned in ,.he contra ct
_: spectc coc_=ents _
l ;roar
330
M non 1. 19015
._s autho=_: ed agent for hoe
herebv cert__v that to the.
this _s a -rue and correct
lJj.1J:..a _e Con:ra_..c_s 7,2.
E. Jcbt. Jf10r`=eSiQe:�t
M7. September 28. 199!,
1 �I
Knepper& Willard, inc. '
Civt( • Envirc.)nrnent@i Engineers
October 12, 1994
Mr. John Drago, City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974-2932
Re: Demolition of Old Wastewater Treatment Plant
K & W Project No. 7220-94
City Contract No. PU-02-00-02-94
Dear Mr. Drago:
Enclosed are five (5) copies of Kimmins Contracting Corporation's A plication for Payment No. 2
(Final) in the amount of Sixteen Thousand One Hundred Eight Do and Twenty Five Cents
($16,108.25). This amount represents the retainage withheld from A lication for Payment No. 1
plus the lump suet price for Change Order No. 1 approved at the pr 'ous City Council meeting.
Also enclosed are five (5) copies of Affidavit By General Contractor nd five (5) copies of City of
Okeechobee Final Release. Record Drawings have been received and forwarded to the City.
Kimmins Contracting Corporation accumulated $316.00 in retesting of failed density tests which, by
contract agreement, is to be reimbursed to the City of Okeechobee. With the reimbursement of
$316.00 to the City of Okeechobee, all final contract requirements a to be in order and we
recommend the City approve payment to Kimmins Contracting Corporation.
If you have any questions, please do not hesitate to contact us.
Very truly yours,
KNEPPER & WILLARD, ING
A TL��
Susan S. Groover, P.E.
Project Engineer
Enclosures as noted.
cc: Wayne E. Jones, City of Okeechobee
wdc/7220FP
3030 N. Rocky Point Drive West
Suite 185 Hillsborougt) (813) 281-0120
Tampa, pOt'ida 33607-5905 in lios (813) 821-3291
(813) 281-1156
b2 ' d �` dddd�dtid �NI Q8UIIIM d3 d3NA 6t7:60 06, 21 loo
C�Cr or Okeechobee
De3,oUt:4on of OId `�lastert:e+- Lreatvertt Want
•-t1a.r:. .Q. �, J �2-00-02-a/i �?�GitiE.= �'; : -ce^ ��c. 7220,92
Aumlaz 25
loci,
'-ON `r�R• • C
""
�- -�y�
• �- .fc..e::ute or ia:ues
i*vol X Ccnrteted
�c_ Quantity <-.nouns
quantity=r:ourtt
I
S 7,300.001 1 LS 7,500.0 1 ;
2 63, 5�4 • JO i c 300
3 I0.001 1 r65,., 4.o L :.S yo3,3�+0.00!
• y LS LO. OO f
otai S73.050
.00
9, 803, 25 1 LS
No. 8, I LS
3Q3.25 �
C. �. -8, 803.25 '
;c :.rYing Ooc:.;mar*zd '� ..
F Release cn: .. OSS = IYIC L,'N T J U E ...... S
a. , _SS -- 0 °fo_ZE_-:.-U-NACc .... .....
�U General Cont-_•actor; AMOUI` T S
3 U G Cu0A 1 G ... .............
�.ESS ?REVtOUS ?A.Y;r(i:�lT S 65.7 5.00
MO Uri'" O U E --..S ! �L ,, , " C• ....... _
t.: N
CONTRA(: OR-S Ce rication:
w.,
lne undersigned COV'i:Z,a=R I) pr
f;cc; u:•1t of Yo ail ..e�ious ;.,Cm,,ss .gyre , recaive�+ :cm CW\' -"
Of r°, t aa;te _acar :tte Contract -crsr-e^ a;;ova have yE
�NTiA �e_:: acciicc ;c C.sc ar . i., ;;ti1
C:uR ;1,c:.U'red ... correc:;on wa I ;a .« g" " all coiiptict:s
through; 2 •r Work cove:.. ;,y .,�cr Acciicz,." s ;cr ?ayn:cat :urnbere: :
Worc cr ^ n , ,• ;nc:usive: �_) ;:t:e to ail �JQr,;..- atc:tais and c;.. the ,rise .fisted 1n or v w d � i�mcrt ncaroor d s-
frCe ur.G C:eC; •,::.il -`,cc e. a by •1.•s A.cPdcation for ,p:vrr.w• viil OZSS t Q � � � � tCY is � G
...... W.
11Cv"..?tY1'.1C l'J lJ ti7 � •.Ji •t w114i.lIVt .�ieCY1..1 .•ite. _.. _iiG Cr,......;,...,, . •. �. .•w.1. !� s�.�..••
r //.. �!♦ Ot f4Va.1
-, (( : .• G :.eying 10 wi`4 ... -M1ws`-f•.•:, .,vw - t...•.
and (1) as `•vor.. .•�v`: �•w• J•� �'•� env •I./Y1. r•�:111• r��1• ••% ..:ter.si V1 inl.../z1r ..ww•
.•CjC :� , '.y rrw rwti ... •1 .S t:: ai'�YV1 �.Ya...• .fit::: ^�r'�� -w•.
1
r-....,, �' , z ?resyd:t
• `biE d !d-•i-o •.::90 ��iaonl �+tidtitititititi :)NJQbti'11IM'883d�3WA 0S:60 06, ZI 100
'iM1.M �w•1 11.. ., w
r-....,, �' , z ?resyd:t
• `biE d !d-•i-o •.::90 ��iaonl �+tidtitititititi :)NJQbti'11IM'883d�3WA 0S:60 06, ZI 100
'iM1.M �w•1 11.. ., w
• A`ACMUMT iCITY or oxzr,=oaw
'
DMOL2T20N OF KRSTZ
SASE SL7
No. Its
1. Mobilization and De -mobilization L.S.
15- bem0lition of existing ?MTP
L.S.
16. IndeMnification
L.S.
TOTAL SASE BID
c tx WbRDS*"' 5event
Y 7=e@ -11hm
P-6
PLANT
S 7,500.00
s '6655 540.00
$ 20.D0
$ 73 050.00
Dollars
1
•
STATE OF FLORIDA
COUNTY of Hillsborough
I, John V. Simon, Jr.
first duly sworn, do now depose and say: That
Corporations who have furnished services, labor or mates
of Demolition of Old Wastewater Treatment Plant
Okeechobee, Okeechobee County, Florida, have fully con
work, and it has been accepted by the Owner; and there a
materials or appliances in connection with such construc
paid.
having been
11 persons, firms and
Lal for the construction
__.___ for the City of
Dleted their respective
:e no bills for labor or
:ion which have not been
JoV'-
. �se
Jr. - Pres:
Coreores tat_ve
)
Subscribed and sworn to before the undersig ed, a Notary Public for
the Countv of Hillsborough State of Florida, in said County this
30 th day of August 1 l0 94
Notary Public
My Co=,Lission
i[ *�
Notary Public, lab of Florida
My Comm. eWras Jan. 4.1998
No. 339531'
CITY OF OBEECHOB
TO: John Drago
TEMU:
FROM: Wayne Jones 7/��—
MEMORANDUM
DATE: October 11,
SUBJECT: Six Inch Way
llth. Avenni
Please place the following on the October 18, 1994, City Council
Bequest permission to allow G.E. French Construction, Inc., to i
S.W. filth. Drive to improve water pressure in that area. The amol
$33,9S2.50, priced from our Unit Price Contract.
The line must be installed prior to paving of this roadway.
Main on S.W.
all a 6" water line at
of the project will be
� 1
CITY OF OBEECHOBEE
TO: John Drago
THRU:
FROM: Wayne Jones
MEMORANDUM
DATE: October 3, 1994
SUBJECT: Bid
Litt Stations
Attached is a copy of a proposal from Knepper & Willard, Lic. This is for on -site
inspections during construction of the Big Lake National Bank Lift Station, N.E. 6th.
Avenue Lift Station and S.E. 7th. Street Litt Station.
Due to the location and size of these projects, I recommend we acc pt this proposal. Total
cost not to exceed $23,400.00.
If you agree, please place this on the October 18, 1994 Agenda
77
VVill rd , tt l('.
27 September 1994
Mr. Wayne E. Jones, Director
Department of Public Utilities
City of Okeechobee
55 Southeast Third Avenue
Okeechobee FL 34974
RE: NORTHEAST SIXTH AVENUE LIFT STATION, SOUTHEAST
AND BIG LAKE NATIONAL BANK LIFT STATION
Bid Number: PU-07-00-07-94
KWI Number: 7215-92i7220-93l7227-94
Proposed Construction Phase Services
Dear Mr. Jones:
We are pleased to submit our proposal for providing on -site project representative
construction of the subject Project.
We propose to provide these services under the terms of the Continuing Professioi
5 March 1993 between the City of Okeechobee and Knepper & Willard, Inc.
The construction contract will be for a period of 210 calendar days (150 working di
on -site services will be required for approximately 50f0 of the time over the length
Although there will be times when our representative will be on -site full time, there
contract period when we will not have a representative on -site due to the nature of
by the Contractor; i.e., clean-up and restoration, above ground work, grassing, pap
requiring constant observation.
STREET LIFT STATION
during the
Services Contract, dated
►). We estimate that our
the construction contract.
II also be times during the
e work being performed
vork and other items not
We have also deducted from this Fee Proposal the amount of time already supported in previously -approved
work orders for these three Projects. It is our understanding that the City will have a representative on -site
much of the time, also, to enhance the City's capability of providing much of its own future project
representation services on projects of this type.
We recognize the necessity to use the City's funds prudently; and therefore, we will endeavor to limit the
extent of our on -site services to those times which, in our professional judgment, are necessary to provide the
City with the on -site representation required. Consequently, the City will be invoiced for no more than the
actual time spent on the project, along with any other costs as may be approved by contract. Total costs of
the work are anticipated at a not to exceed Twenty-three Thousand Four Hundred ollars ($23,400.00),
without prior written authorization of the City.
,,',. A-1
Hillsborough (? 13) 281 a i 1;r)
Pinellas (813) 821-32t.1
FAX (913) 281-1 15-,
•
Mr. Wayne E. Jones, Director
27 September 1994
Page 2
Should you require additional information, please contact us. We sincerely
offer our services for this significant project.
Very truly yours,
KNEPP & WILLARD, INC.
Daniel S. Willard, PE
President/Principal Engineer
Attachment: Fee Proposal
this opportunity to again
l r1cp1wr<QL Willi), (I. iruc.
MISCELLANEOUS ENGINEERING SERVICES
FEE PROPOSAL
DATE: 27 September 1994
SCOPE OF SERVICES
The scope of services includes providing an on -site project representative durin5
Northeast Sixth Avenue Lift Station, Southeast Seventh Street Lift Station and Bi
Station Project. Plans and Specifications were preprared by Knepper & Willard,
Bid Number PU-07-00-07-94.
the construction of the
g Lake National Bank Lift
Inc., for City of Okeechobee
Provide on -site project representative services during the periods when the Cont ctor is conducting significant
work which, in the opinion of. the Engineer, requires observation and reporting toteCity.
Deliverables under this proposal shall include daily reports prepared on site by th 3 Project Representative,
which shall include: Materials and equipment on -site, work in progress, noted de iations and discrepancies
from the approved plans, specifications and permits, estimated quantities of work in place, weather conditions,
visitors to the site, instructions and recommendations made to the Contractor, plus any other pertinent
information. Reports will be submitted and reviewed by the Engineer of Rec rd no will forward them to the
Project Manager for the Department of Public Utiltiies. In addition, the Project R presentative shall review
installed quantities with the Contractor's on -site superintendent and recommend ion on the Contractor's
request for payment to the Engineer of Record. Other responsibiliities of the Pro' ct Representative shall be
to receive any input from the Departments of Public Utilities and Public Works an other appropriate
representatives of the City of Okeechobee. The Project Representative shall also accompany the Consultant's
Project Manager and the City's Project Manager when periodic visits by those managers occur, and shall also
review Record Drawing information submitted by the Contractor. The Project Representative shall accompany
the Engineer of Record on the substantial completion and final completion inspecoons.
Fees shall be paid on the basis of hourly rates and expenses established as
Project Representative *520 Hours @ $45.00/Hour
(150 Working Days)(8 Hours/Day)(50% Need for Project Representation)
Less 80 Hours provided in previously -approved Work Orders for these Pri
$23,400.00
600 Hours
520 Hours
•
CITY OF OSEECHO
TO: John Drago
TBRU:
FROM: Wayne Jones %
PI
MEMORANDUM
DATE: October 11, 19
SUBJECT: Surface
Treatment Plant
As you are aware, the F.D.E.P. has placed us on notice to retain o filter backwash water
on site. Currently this water is flowing South to the Rim Canal fro our holding pond. We
have been instructed that we must apply for a Industrial Wastew ter Discharge Permit to
continue. This could prove very expensive, depending on the p tment required.
Please, place this item on the October 18, 1994, City Council Agenda, to authorize a
Contract to Reese, Macon & Assoc., Inc., to do a Surface Water Treatment Plant
Evaluation, not to exceed $20,000.00.
RMA •
Reese, Macon and Associates, Inc.
via facs"ile/U.S. Mail
October 0, 1994
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974
ATTN: Mr. Wayne Jones
RE: Surface Water Treatment Plant Evaluation
Dear Mr. Jones:
The original concept for the water system was to place the
plant on-line and then perform an overall evaluation of the surfac
determine how to best utilize this facility to satisfy future needs. ,
existing plant has several fundamental shortcomings which need tc
long term plan for the plant developed. Several options exist to n
utilize the existing facility. In addition, there are also some intanf
given weight including the impact of future regulations. The recei
imposed by DEP regarding the discharge of backwash water waste
increased scrutiny to which this facility -will subject.
The attached proposal covers the preparation of a thorougl
of the surface water plant. The goal of the analysis is to supply a
water plant upgrade, modification or abandonment with a suitable
the groundwater plant is on-line, we will also be able to compare
each facility so this information can be given weight in the final re
preparation of this plan will allow for prudent financial planning a
regulatory agencies the intention of the City to continue efforts wh
facilities in compliance with regulations.
If you have questions or wish to discuss this further, please call.
wdr-253194-109GEN
new water treatment
e water plant to
As you know, the
i be addressed and a
lost cost efficiently
;ibles which must be
tt requirements
is an example of the
comparative analysis
)Ian for the surface
time table. Now that
he operational cost of
:ommendation. The
id display to the
ch will keep the
Very truly yours,
William D.]Reese. P.E.
9121 N. Military Trail - Suite 207 • Palm Beach Gardens, F�orida 33410
Ph. (407) 625-6660 FAX (407) 625-6664
•
CITY OF OKEECHOBEE
Engineering Work Authorization
General: All work covered under this authorization is pursuant to the agreement
between the City of Okeechobee (Client) and Rees , Macon & Associates,
Inc. (Engineer), dated March 4, 1993.
Purpose: The purpose for this project is to develop a plan for the short and long
term disposition of the surface water treatment plant. This will provide
information for proper fiscal planning and display to the regulatory
agencies the Client's intent to continue with the program of maintaining
compliance with rules.
Scope: The Engineer will perform the following tasks.
1. Analyze the treatment and hydraulic adequacy of each unit process within the
facility.
2. Analyze the operational costs of this facility and compare
plant operational costs.
3. Review anticipated and existing regulatory rules and eval
facility to comply.
4. Perform a cursory review of the structural adequacy of the
5. Develop various alternatives for the continued use or total,
abandonment of the facility.
G. Prepare an estimated cost for each alternative.
7. Prepare a present worth cost analysis of each alternative.
S. Make a firm recommendation as to which alternative is the
9. Develop a time line for implementation of the recommende
10. Summarize the findings in a results oriented report.
11. Submit ten (10) copies of the report to the City and be avail
the groundwater
the ability of this
partial,
ost viable.
program.
able for presentation.
•
City of Okeechobee
Engineering Work Authorization
Mr. Wayne Jones
Page 2.
Time of Performance:
The Engineer will commence work within ten (10) days of receipt of an executed
authorization and complete the work within ninety (90) days, exclusive of delays
beyond the control of the Engineer.
Fees: The above scope items will be completed for the lump
Thousand Dollars ($20,000.00).
ACCEPTED BY:
City of Okeechobee
Date
wdr-253\94-109
fee of Twenty
SUBMI ED BY:
—Macon & Associates, Inc.
Date
RESOLUTION 94-
A RESOLUTION OF THE CITY OF OKEECHOB E REQUESTING A
WAIVER OF PROCESSING AND PERMIT FEES FROM THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
SOUTH FLORIDA WATER MANAGEMENT AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Small cities in Florida continually experience financial
hardships; and
WHEREAS, The cost of needed improvements strain a small c ty's
ability to properly meet those improvements; and
WHEREAS, The Governor and Legislature of the State of Floric a have
passed legislation enabling small cities to receive fee
waiver from the Florida Department of Environmen al
Protection and the South Florida Water ManagemE nt
District; and
WHEREAS, The enabling legislation provides for five different
catagories for a small city to prove a fiscal hardsh p; and
WHEREAS, The City of Okeechobee's per capita taxable value of
$28,293.94 is less than the statewide average of 7,796.65
whose calculations were taken from Florida Estima es of
Population 1993, Bureau of Economics and Busine s
Research, Population Program, College of Business
Administration, University of Florida, February 1994 Report;
and
WHEREAS, The per capita taxable value is one of the five
the enacted legislation; and
WHEREAS, The City of Okeechobee meets the test for fiscal
as described in the enacted legislation.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF
THAT, The City of Okeechobee meets the requirements of
Statutes proving a fiscal hardship, and
es in
ship
rida
2
THAT, The City's per capita taxable value of $28,293.94 is less
than the statewide average of $37,796.65; and
THAT, The City of Okeechobee is entitled to, and requests, a fee
waiver on all processing and permit fees from th
Department of Environmental Protection and the outh
Florida Water Management District.
ADOPTED this 18th day of October, 1994 by the City of
Mayor James E.
ATTEST:
Bonnie S. Thomas, CIVIC
City Clerk
bee, Florida.
RESOLUTION NO. 941�
RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee is
appearance of median islands, interchange areas within the
of Okeechobee; and
WHEREAS, the City Council of the City of Okeechobee
Department of Transportation of the State of Florida, believes
the maintenance of the landscaping in those areas; and
WHEREAS, the Department of Transportation of the
to provide funds in the amount of Sixteen Thousand One
and Thirty -Seven Cents ($16,131.37) per year for a period of
Okeechobee to maintain said landscaping; and
concerned over the
ate limits of the City
discussion with the
it can better perform
of Florida, has agreed
and Thirty -One Dollars
(1) year for the City of
WHEREAS, the City Council believes such an agreement to be In the best interest
of the citizens of the City of Okeechobee.
NOW, THEREFORE, be it resolved that the City
Okeechobee, does hereby authorize the Mayor to execute
"Highway Landscaping Maintenance Memorandum of Agreem
Okeechobee and the Florida Department of Transportation,
landscaping in median islands, interchange areas and rights.
Agreement in exchange for the payment of Sixteen Thousand
Thirty -One Dollars and Thirty -Seven Cents ($16,131.37) pay
Thirty -Two Dollars and Eighty -Five Cents ($4,032.85) per quaff
year.
This Resolution shall take effect on the 18th day of
Adopted this 18th day of Oc ober, 1994.
CITY OF OKEEC
James E. Kirk,
ATTEST:
icil of the City of
agreement entitled
between the City of
ling to maintain the
v described in said
Hundred and
Four Thousand and
for a period of one (1)
1994.
Bonnie S. Thomas, CMC, City Clerk
P. O. SOX 2757
rORT PIERCE, rLORIOA 34934 • 2737
VIA FEDERAL EXPRESS
DEAN, MEAD & MINTON
ATTORNEYS AND COUNSELORS AT LAW
'903 SOUTH 23TH STREET
SUITE 200
FORT PIERCE, FLORIOA 34947
October 13, 1994
John Abney
Post Office Drawer 700
Okeechobee, FL 34973-0700
Re: Okeechobee Utility Authority
Dear John:
Pursuant to the instructions of the Ol
Authority Working Group, enclosed please find tl
of the Interlocal Agreement that we discussed 1i
in the past,
enclosing a clean copy of the above -referenced I
copies forwarded to John Drago, Chris Chinault
for presentation to their respective Boards and
consideration and adoption. We understand that
will meet Tuesday." October 18 and that the Intei
will be on the agenda for consideration at that
plan to be in attendance to address questions.
could request that the Agreement be on the agent
presentation to the County Commission and the Bc
Beach and provide us with the time, date and pla
meetings, we will schedule to be in attendance a
as well.
We are pleased with the work product
prepared for consideration by the various Boar
and appreciate the assistance and input from y
in reaching this momentous goal. If you have
please feel free to call me.
With best regards, I remain,
Si
s,
�/ Michael D. Minton
MDM/dj/enclosure
cc: John Cassels, Esq. (w/enclosure)(via Federa
John Cook, Esq. (w/enclosure)(via Federal E
Burton Conner, Esq. (w/enclosure)(via Feder
John Drago (w/enclosure)(via Federal Expres
Chris Chinault (w/enclosure)(via Federal Ex�
L.C. Fortner (w/enclosure)(via Federal Expr
Kim Love (w/enclosure)(via Federal Express)
c: \m4zal,20121d1.,18 D E A N
OC&H, -CAC, E6tRT0«, 8WOOwewTH,
GPouA..O c 90tARTH, P.A..
�.071 w••aoo
MEAD
(•07) .6A • 7700
(407) 362.7700
rA% (407) 464 •7677
:eechobee Utility
Le revised draft
Lst evening. As
I` We are also
Lgreement with the
,nd L.C. Fortner
Commissions for
the City Council
local Agreement
meeting. We will
Likewise, if you
a for
and of Okeechobee
ce of those
t those meetings
hat we have
and Commissions
r Working Group
y questions,
L Express)
cpress )
tlExpress)
s)
)Tess)
.ss )
. "awe tour" -
•«, yu0. 9P tLvocel , OOLO••A« s $o.e
ti.7► •sa • wa .•.oR sa.•..n. •,..»,�, .ns ,
49
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE,
THIS INTERLOCAL AGREEMENT, made and entered
day of , 1994, by and between tl
Commissioners of Okeechobee County, Florida, ,
division of the State of Florida, hereinafter
"County," and the City Council of the City of Oke.
a municipal corporation existing under the laws
Florida, hereinafter referred to as "City -It
W I T N E S S E T H:
into this
ie Board of County
3 political sub -
referred to as
echobee, Florida,
of the State of
WHEREAS, the County and the City desire to enter into an
Interlocal Agreement, pursuant to the provisions of Chapter 163,
Florida Statutes, creating the Okeechobee Utilit Authority; and
WHEREAS, the South Florida Water Management District has
recommended that a regional approach to water supply, together with
wastewater treatment and disposal, is in the best interests of the
citizens, residents and utility consumers of the hereinafter
specified service area; and
WHEREAS, the Okeechobee Beach Water Association, Inc.
("OBWA"), a Florida not -for -profit corporation, currently supplies
water to citizens, residents and consumers along t e northern shore
10/13/94, 3:47 pm
0
•
of Lake Okeechobee (a) in Okeechobee County, Florida, pursuant to
the terms of that certain Okeechobee County Franchise Ordinance
No. 93-5 dated April 29, 1993 (the "Okeechobee Beach Franchise
Agreement") and (b) in Glades County, pursuant to that certain
Glades County Franchise Ordinance No'. 93-4 dated May 24, 1993 (the
"Glades Franchise Agreement"); and
WHEREAS, the Okeechobee Utility Authority Working Group has
recommended to the County, City, and OBWA, that a tility authority
be formed for Okeechobee County and the areas served by OBWA to
supervise the planning, construction, and operation of water and
wastewater systems, pursuant to the terms and conditions set forth
h �
in this Interlocal Agreement; and
'WHEREAS, the County and the City believe that it would be the
most efficient use of their respective powers to cooperate with
each other on a basis of mutual advantage to ac i e, under the
newly created Okeechobee Utility Authority, all of the assets, and
to own and operate the water and wastewater systems currently owned
and operated by the City and OBWA, in a manner that will best
reflect the needs and economic interests of the citizens, residents
and utility consumers within Okeechobee County and the area served
by OBWA; and
WHEREAS, the Okeechobee Utility Authority shall be required to
meet and satisfy all comprehensive planning requirements set forth
in Chapter 163, Florida Statutes, which mandates the coordination
10/13/94, 3:47 pm 2
•
•
of plans for future growth with available sourc es of funding and
the availability of infrastructure; and
WHEREAS, the creation of the Okeechobee Utility Authority
shall provide a more efficient manner by which the County and City
may satisfy their statutory mandate concerning utilities elements
of their respective comprehensive plans; and
WHEREAS, the creation of the Okeechobee Utility Authority
shall provide for a unified system of water and wastewater service
for Okeechobee County and the areas currently served by OBWA, and
provide for the potential of interconnects with other publicly held
systems, so as to ensure the continued provision of a safe and
a
healthy environment for the consumers of the utility system, and to
protect the limited water supply capability of the Okeechobee
County environment in such a manner as will ive priority to
encouraging conservation and reduction of adverse environmental
effects of excessive or improper withdrawals of water from
concentrated areas, as well as the proliferation of septic tanks,
package plants, and improper wastewater disposal and
WHEREAS, the City has determined that the transfer of the
City's utility system to the Okeechobee Utility Authority would be
in the public interest; and
WHEREAS, it is recognized by the County a d the City that
provision for water supply needs and protection ol water resources
can best be accomplished through the creation of a regional utility
authority, the purpose of which shall be to ensure adequate future
10/13/94, 3:47 pm 3
•
water supply and wastewater services, in the
least expensive manner, for the citizens, res
consumers of Okeechobee County and the areas
OBWA; and
st efficient and
ts, and utility
ently served by
WHEREAS, the County and the City wish to �et forth certain
agreements between themselves with respect to toe creation of a
regional utility authority, pursuant to the prov sions of Section
373.1962, Florida Statutes, and Section 163.01, Florida Statutes,
which provides a mechanism to accomplish the above described goals,
and permits the joint exercise of all powers, privileges, and
authority which the County and City share in common, and which each
may exercise separately.
NOW, THEREFORE, for and in consideration of the premises and
the mutual agreements hereinafter set forth,
City hereby agree as follows:
ARTICLE I
CERTAIN DEFINITIONS
1.1. The following terms shall have the fo,
when used herein:
Administrative Costs: "Administrative Costs"
incurred to properly manage the functions of
including, but not limited to, keeping of records
distribution of minutes, meeting announcements, an(
respective member staff input.
10/13/94, 3:47 pm 4
County and the
Llowing meanings
shall mean costs
the Authority
recording, and
coordination of
5�
•
Acreement: "Agreement" shall mean this Int rlocal Agreement,
together with all the exhibits attached hereto, as amended from
time to time.
Authoritv: "Authority" shall mean the Okeechobee Utility
Authority, a separate legal entity created hereunder.
Authority Board: "Authority Board" shall mean the governing
body of the Authority, acting for and on behalf of the Authority.
Capital and Operational Expenses: "Capita and Operational
Expenses" shall mean all expenses related to personnel and
staffing, construction or acquisition and operation of water
supply, collection, distribution or treatment and treated sewage
effluent and sludge and associated planning and engineering
studies.
City: "City" shall mean the City of Okeech bee, a municipal
corporation existing under the laws of the State of Florida.
City Utilities: "City Utilities" shall mean the utilities
systems now operated by the City within its specified service
areas.
los'n : "Closing" shall mean the consummation of the
transaction contemplated by this Agreement to be effectuated under
the Master Transfer Agreement, as more particularly set forth in
Article X.
County: "County" shall mean Okeechobee County, Florida, a
political subdivision of the State of Florida.
10/13/94, 3:47 pm 5
•
•
Developer: "Developer" shall mean any property owner, builder
or other prospective consumer of water or wastewater services with
respect to identified parcels of real property which have a
designated or anticipated need for water or sewer connections from
the Utilities Systems.
Developer Agreements: "Developer Agreements' shall mean those
.agreements which provide for payments to be made to the City or
OBWA in exchange for water or sewer services, whether now being
provided or to be provided in the future to a De eloper.
District: "District" shall mean the area within all of the
designated service areas of the Authority, as those areas may be
r
expanded or contracted in accordance with the provisions of this
Agreement and the laws of the State of Florida.
Master Transfer Agreement: "Master Transfer Agreement" shall
mean that agreement between the parties concerning further
implementation of the Authority, as more particularly set forth in
Article X.
OBWA: "OBWA" shall mean the Okeechobee Beach Water Associa-
tion, Inc., a Florida not -for -profit corporation organized for the
purpose of, and currently engaged in, constructing maintaining and
operating a water system for the supplying of water for domestic,
commercial, agricultural, industrial and other Purposes to its
members, within a specified service area.
OBWA Utilitv: "OBWA Utility" shall mean the utility system
now being operated by OBWA within its specified s rvice area.
10/13/94, 3:47 pm 6
•
•
Q rum: "Quorum" shall mean a majority of the full membership
of the Authority Board established by this Inte local Agreement.
Service Areas: "Service Areas" shall meanthose areas served,
or which may be served, by the Utilities Systems, defined herein -
below, as delineated on Exhibit "A", attached hereto and incorpo-
rated herein by this reference.
Uniform Extension Policy: "Uniform Extens on Policy" shall
mean the policies adopted by the Authority Board concerning the
provision of utility services to the customers of the Authority,
and any reference herein shall mean from and after its date of
adoption by the Authority Board.
Utilities Svstems: "Utilities Systems" shall mean the
combination of Wastewater System and Water System, which shall be
owned, operated and maintained by the Authority.
Wastewater System: "Wastewater System" shall mean and shall
include any plant, system, facility or property, and additions,
extensions and improvements thereto, constructed o under construc-
tion, or at any future time constructed, which are useful or
necessary or having a present capacity for future se in connection
with the collection, treatment, purification and disposal of sewage
of any nature or originating from any source, and shall include,
but not be limited to, transmission and distribution facilities,
treatment plants, wastewater and sanitary sever collection,
transmission, pumping, reuse and disposal facilities of every kind
and description whatsoever, including without limitation, all trade
10/13/94, 3:47 pm 7
•
E
fixtures, leasehold improvements, storage tanks, lift stations,
force mains pumps, pump stations, generators, controls, collection
and transmission pipes or facilities, valves, meters, service
connections, and all necessary appurtenances and equipment, all
wastewater mains and laterals, and shall include all real and
personal property and any interest therein, rights, easements, and
franchises of any nature whatsoever relating to a such system and
necessary or convenient for the operation thereof.
Water System: 'Water System" shall mean and include any
plant, system, facility or property, and addition , extensions and
improvements thereto constructed, under construction, or at any
future time constructed, or acquired as part th reof, useful or
necessary or having the present capacity for future use in
connection with the development of sources, treatment or purifica-
tion, and distribution of water, and, without limiting the
generality of the foregoing, shall include we lfields, dams,
reservoirs, storage tanks, mains, lines, valves, pumping stations,
laterals and pipes used for the purpose of carrying water to
property connected with such system, and shall include all real and
personal property and any interest therein, right , easements and
franchises of any nature whatsoever relating to any such system and
necessary or convenient for the operation thereof.
10/13/94, 3:47 pm 8
ARTICLE II
EXHIBITS
2.1. There are attached to this Agreement
through "E", certain lists and documents which co
representations, and covenants of the County
integral and essential parts of the transaction
Agreement, and are listed as follows:
Exhibit "A": Depiction of Authority Serv:
Exhibit "B Initial schedule of Authori
other charges.
as Exhibits "A"
information,
City which are
scribed in this
Areas.
rates, fees or
Exhibit "C": Initial budget of the Authority.
Exhibit "D": Okeechobee Beach Franchise Agreement, and
related documents thereto.
Exhibit "E": Glades Franchise Agreement, and related
documents thereto.
ARTICLE III
CREATION OF OKEECHOBEE UTILITY AUTHO ITY
3.1. The parties hereto do hereby create a Utility Authority,
pursuant to the provisions of Section 373.1962, Florida Statutes,
and Section 163.01, Florida Statutes, to be known s the OKEECHOBEE
UTILITY AUTHORITY, to include Service Areas in the District, as
described and shown on Exhibit "A", for the purpose of acquiring,
owning, operating, and maintaining a regional wate
system to ensure adequate future water supply
10/13/94, 3:47 pm 9
and wastewater
and wastewater
services for the citizens, residents and utility consumers located
within the District.
3.2. The Authority shall have the following powers and duties:
a. To have perpetual succession.
b. To incorporate, and to adopt a corporate seal, and
alter it at the pleasure of the Authority Board, or conduct
business in any other form as may be provi d by law.
C. To adopt bylaws, and make rules and regulations for
its own governance and proceedings.
d. To employ engineers, attorneys, accountants,
financial or other experts and such other agents and employees
r
as said Authdrity Board may require or d em necessary to
effectuate the purposes of this Agreement, or to contract for
any such services.
e. To construct, install, erect, acquire and to
operate, maintain, improve, extend or enlarge and reconstruct
a Water System or a Wastewater System, or both, within the
District, and to have the exclusive control and jurisdiction
thereof, subject to the terms of this Agreement; to issue
revenue bonds, refunding bonds, notes and an other indebted-
ness authorized by law, to pay all or part of the cost of such
construction, reconstruction, erection, accruisition or
installation of such Water System, Wastewater System, or both.
f. To construct and operate connecting intercepting or
outlet sewers and wastewater mains and pipes and water mains,
10/13/94, 3:47 pm 10
•
•
conduits or pipelines in, along or under any streets, alleys,
highways or other public places or ways within the state or
any municipality or public or political subdivision necessary
for the purposes of the District.
g. To adopt a Uniform Extension Policy.
h. To establish an annual budget, and to fix and
collect rates, fees, impact fees, and other charges to persons
or property, or both, for the use of the facilities and
services provided by the Utilities Systems, and to fix and
collect charges for making connections with any such Water
System or Wastewater System and to provide for reasonable
penalties on any users or properties p
erties for any such rates, fees
or charges that are delinquent.
i. To levy special, non -ad valorem assessments on
benefitted properties, pursuant to the methods for establish-
ing and collecting such non -ad valorem assessments set forth
in Chapters 125, 166, and 170, Florida Statutes. The
Authority may collect non -ad valorem assessments utilizing the
methods and procedures provided to local governments under
Sections 197.3631 and 197.3632, Florida Statutes. Said
collection of non -ad valorem assessments shall be subject to
all collection provisions of Chapter 197, Florida Statutes,
including the issuance and sale of tax certificates and tax
deeds for non-payment of said non -ad valorem assessments.
10/13/94, 3:47 pm 11
•
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7 •. To acquire in the name of the Authority by purchase,
lease, gift, or the exercise of the right of eminent domain,
such lands, assets and rights and interest herein, including
lands under water and riparian rights, and to acquire such
personal property as it may deem necessary Ln connection with
the construction, reconstruction, improvement/ extension,
installation, erection or operation and maintenance of any
Water System or Wastewater System, or both and to hold and
dispose of all real and personal property under its control.
k. To exercise exclusive jurisdiction, control and
supervision over any Water System or Wastewater System, or
both, or any part thereof, owned, operated and maintained by
the Authority, and to make and enforce such rules and regula-
tions for the maintenance and operation of any Water System or
Wastewater System, or both, as may be, in the judgment of the
Authority Board, necessary or desirable f r the efficient
operation of any such systems or improvements in accomplishing
the purposes of this Agreement.
1. To require and enforce the use of its facilities
whenever and wherever they are accessible.
M. To sell or otherwise dispose of the by-products
resulting from water or wastewater treatment.
n. To apply for and receive any and all federal, state,
or local governmental permits or authorizations necessary to
10/13/94, 3:47 pm 12
promote, construct, accomplish, maintain, or operate any of
the public purposes or projects herein enumerated.
o. To enter into interlocal agreements, franchise
agreements, or such other service agreements as deemed
appropriate by the Authority Board, for supplying water or the
disposal of treated sewage effluent and sludge, outside the
District, if authorized and permitted unde Florida law.
p. To receive and use such technical assistance from
the County or City as may be, from time to time, made avail-
able for use by the Authority.
q. Subject to such provisions or restrictions as may be
set forth herein, or in any bond covenants, or in other
obligations issued pursuant to this Agreement, to enter into
contracts with the government of the United States or any
agency or instrumentality thereof, or with any county,
municipality, district, authority or political subdivision,
private corporation, partnership, association or individual
providing for or relating to the treatment, collection and
disposal of wastewater or the treatment, supply and distribu-
tion of water and any other matters rel vant thereto or
otherwise necessary to effect the purposes of this Agreement,
and to receive and accept from any federal or state agency
grants or loans for or in aid of the planning, construction,
reconstruction or financing of any Water System or Wastewater
System, or both, and to receive and accept aid or contribu-
10/13/94, 3:47 pm 13
0
•
tions or loans from any other source
property, labor or other things of value,
applied only for the purposes of this Agz
r. To sue and be sued, and to contr
f either money,
be held, used and
t.
, in its own name
and such other powers as may be necessary cr proper to carry
out the purposes of this Agreement.
S. To restrain, enjoin or otherwise
tion of this Agreement or the powers of t]
resolution, rule or regulation adopted pur
set forth herein.
3.3. The Authority shall provide water and
to the County and the City, and any other local
that subsequently becomes a member of the A
ARTICLE IV
AUTHORITY BOARD
t the viola -
Authority or any
t to the powers
ty .
ater services
tal entity
4.1. The Authority shall be governed by an Authority Board,
which shall be comprised of M (is members.
4.2 . Two (IS members of the Authority Boards iall be
IW the (subject to the provisions of Sectiorl 4.5 below), and
two (a) members of the Authority Board shall be the
j►. The four (r members of the Authority Board appointed by the
County and City shall then, do a 11� vote, � a
member to the Authority Board. Each member shall have one vote.
4.3. No member of the Authority Board ma be an elected
Official or employee of the governing body by wh
10/13/94, 3:47 pm 14
the Authority
CA
•
Board member is appointed. In the event an Authority Board member
becomes an elected official or employee of the governing body by
whom the member has been appointed, that member shall be required
to immediately resign from the Authority Board.
4.4. Each member of the Authority Board must be a resident of
an area within the Service Areas of the Authority.
4.5. The County and the City may also appoint an alternate
representative for each of their appointed Members, and the
Authority Board may appoint an alternate representative for the
fifth member of the Authority Board selected p suant to Section
4.2 above. Such alternate representatives may attend all meetings
of the Authority Board and shall have the author ty to vote in the
absence of the primary appointed member, for whom he or she is the
alternate.
4.6. One of the members of the Authority Board appointed by
the County, , shall be residents
of the area currently within the Service Area of OBWA. In
addition, for so long as the District encompasses a portion of
Glades County,
must be a resident of that area
within the District located in Glades County.
4.7. All powers, privileges and duties vested in or imposed
upon the Authority shall be exercised and performed by and through
its Authority Board acting as a quorum; provided, however, that the
exercise of any and all executive, administrative, and ministerial
10/13/94, 3:47 pm 15
Powers may be delegated by the Authority Board to any of its
officers, executive director, employees or agents. Any such
delegation may be redelegated or withdrawn by the Authority Board.
4.8. One Authority Board member appointed by the County and
one Authority Board member appointed by the City shall serve an
initial term of two (2) years in duration. In order to create
staggered terms, the other Authority Board members shall serve
initial terms of four (4) years in duration. Thereafter, all
Authority Board members shall serve staggered t rms of four (4)
years in duration, or until such time as such Authority Board
member's replacement has been appointed. In the event an Authority
Board member resighs, or is unable to continue to serve, the
balance of the term of that Authority Board membe shall be filled
in the same manner as prescribed in Section 4.2. above.
4.9. Authority Board members shall serve without compensation,
but shall be reimbursed for per diem and travel expenses as
provided in Section 112.061, Florida Statutes.
4.10. The Authority Board shall elect by majority vote the
following officers, who shall perform the follow' g functions:
a. A chairman, who shall preside at meetings of the
Authority Board; sign as authorized by the Aut ority Board any
contracts or other instruments which are deemed to be in the
best interest of the Authority; and perform such other duties
incident to the office as may be prescribed by the Authority
Board.
10/13/94, 3:47 pm 16
•
b. A vice chairman, who shall act in the chairman's
absence; and shall perform such other functions as the
Authority Board may delegate from time to t1me.
C. All officers shall be elected for a term of one
year. If any officer shall cease to be a member of the
Authority Board, or shall, for any reason, not be able to
serve in that capacity, a successor shall be elected for the
unexpired portion of the term. No officer sh 11 be elected to
the same office for more than two (2) consecutive terms.
4.11. The Authority Board shall appoint an executive director
for the Authority, and prescribe his duties and compensation.
Among such duties, the executive director shall:
a. Be responsible to the officers and the Authority
Board for supervising and administering all ork programs of
the Authority; and
b . Act as secretary to the Authority Board, and prepare
minutes of each Authority Board meeting, in compliance with
Chapter 286, Florida Statutes, the Florida Go ernment-in-the-
Sunshine Law; and
C. Be responsible for the receipt, care, and disburse-
ment of Authority funds, in accordance with fiscal policies
and regulations adopted by the Authority Bo d; and
d. Serve at the pleasure of the Autho ity Board.
4.12. All meetings of the Authority Board shall be conducted in
compliance with Section 286.011, Florida Statute , and shall be
10/13/94, 3:47 pm 1
held at such locations, dates, times, and intervals as determined
by the Authority Board.
4.13. Each Authority Board member shall be required to file a
full and public disclosure of financial interests, pursuant to the
provisions of Chapter 112, Florida Statutes, as applicable.
4.14. The chairman, with the advice and consent of the
Authority Board, may appoint such committees as may be deemed
necessary to carry on the work of the Authorit . Membership on
such committees need not be restricted to Authority Board members.
4.15. Until Closing, the Okeechobee Utility Authority Working
Group shall continue in existence, and shall perf rm the functions
of an advisory comtittee to the Authority Board during said time
period. L-embers of the Okeechobee Utility Authority Working Group
shall be eligible for appointment to the Authority Board, unless
otherwise disqualified under the provisions of this Article.
4.16. The Authority Board shall cause to be made at least once
each year a comprehensive report of its activiti s, including all
matters relating to rates, revenue, expenses of ma' tenance, repair
and operation, renewals and capital replacements, principal and
interest requirements, and an audited annual financial statement.
Copies of such reports shall be forwarded to th County and the
City, and shall constitute a public record.
10/13/94, 3:47 pm 18
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ARTICLE V
INTERIM OPERATIONAL, AGREEMENTS
5.1. After execution of this Agreement, the Authority shall
enter into Interim Operational Agreements with the City and OBWA,
for the purpose of continuing the operation of the City Utilities
and OBWA Utility within their current respective Service Areas
until Closing.
5.2. The Authority Board shall have final authority to resolve
any disputes that may arise during the term of said Interim
Operational Agreements between the City and OBVFA concerning the
location of line extensions, and other related matters.
It
ARTICLE VI
RATES, FEES, AND CHARGES
6.1. The initial schedule of rates, fees, or ther charges for
the use of the services and facilities to be furnished by the
Authority, to be paid by the owner, tenant, or occupant of each
structure, facility, lot or parcel of land which may be connected
with, or used by the Utilities Systems of the Authority, shall be
as set forth in Exhibit "B".
6.2. This initial schedule of rates, fees, or other charges
shall remain in effect from the effective date of this Agreement
through the date of Closing.
6.3. After Closing, the Authority Board may revise the
schedule of rates, fees, or other charges, from time to time, based
on the following criteria:
10/13/94, 3:47 pm 19
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•
a• Such rates, fees and charges shall be so fixed and
revised so as to provide sums, which, with other funds
available for such purposes, shall be suffi Tent at all times
to pay the expenses of operating and maintaining such
Utilities Systems, including reserves for such purposes, the
principal of and interest on revenue bonds as the same shall
become due, and reserves therefor, and to provide a margin of
safety. over and above the total amount of any such payments,
and to comply fully with any covenants contained in the
proceedings authorizing the issuance of any bonds or other
obligations of the Authority. The Authority shall charge and
4
collect such rates, fees and charges so fixed or revised, and
such rates, fees and charges shall not be subject to the
supervision or regulation by any other commission, board,
bureau, agency or other political subdivision or agency of the
county or state.
b. Such rates, fees and charges shill be just and
equitable and uniform for users of the same class and where
appropriate may be based or computed either upon the quantity
of water consumed or upon the number and size of wastewater
connections or upon the number and kind of p umbing fixtures
in use in the premises or upon the number or average number of
persons residing or working in or otherwise using or occupying
such premises or upon any other factor affecting the use of
the facilities furnished or upon any combination of the
10/13/94, 3:47 pm 20
foregoing factors as may be determined by the Authority Board
on any other equitable basis.
C. No rates, fees or charges shall be fixed under the
foregoing provisions of this section until after a public
hearing duly noticed such that all the users of the Water
System or Wastewater System, or both, or owners, tenants or
occupants served or to be served thereby and all others
interested shall have an opportunity to be heard concerning
the proposed rates, fees and charges. Notice of such public
hearing setting forth the proposed schedule or schedules of
rates, fees and charges shall be given by one publication in
a newspaper of general circulation published in Okeechobee
County, at least ten (10) days before the date fixed in such
notice for the hearing, which may be adjou37ned from time to
time. After such hearing, such schedule or schedules, either
as initially adopted, or as modified or amended, may be
finally adopted.
d. A copy of the schedule or schedules of such rates,
fees or charges finally adopted shall be kept on file in the
office of the Authority and shall be open at all times to
public inspection. The rates, fees or char es so fixed for
any class of users or property served shall be extended to
cover any additional users or properties thereafter served
which shall fall in the same class, without the necessity of
any hearing or notice. Any charge or revision of such rates,
10/13/94, 3:47 pm 21
fees or charges may be made in the same ma
fees or charges were originally establis
provided.
e.
as such rates,
as hereinabove
--Ioftf the Water
I` System or Wastewater System, or both, as are fixed and
collected from other users of such facilities in the same
class: No free water or wastewater services shall be rendered
by the Authority and no discrimination sh 11 exist in the
fees, rates and charges for users of the same class. The
Authority may not provide service to any usex in contravention
of the requirements set forth above unless required by law or
a court of competent jurisdiction.
f . In the event that the fees, rates or charges for the
services and facilities shall not be paid as and when due, any
unpaid balance thereof, and all interest accruing thereon,
shall be a lien on any parcel or property affected thereby.
Such lien shall.be superior and paramount to the interest on
such parcel or property of any owner, lessee, tenant,
mortgagee or other person, except the lien of county taxes,
and shall be on a parity with the lien of any such county
taxes, except as otherwise provided in Chapter 180.135,
Florida Statutes. In the event that any sucil service charge
shall not be paid as and when due and shall b in default for
10/13/94, 3:47 pm 22
•
•
thirty (30) days or more, the unpaid balance thereof, and all
interest accrued thereon, together with attorneys, fees and
costs, may be recovered by the Authority 'n a civil action,
and any such lien and accrued interest may be foreclosed or
otherwise enforced by the Authority by action or suit in
equity as for the foreclosure of a mortgage on real property.
ARTICLE VII
BUDGET AND FUNDING
7.1. The fiscal year of the Authority shall be the same as the h�
fiscal year of the County and City.
7.2. The initial budget g of the Authority, covering the period
from the effective date of this Agreement through September 30,
1995, shall be as set forth in Exhibit "C,,.
7.3. By May 1, 1995, and by May 1st of each year thereafter,
the Authority Board shall adopt, by budget resolution, its
tentative annual budget for the ensuing fiscal year, and shall
forward copies of said tentative budget to the County and the City.
7.4. The proposed budget contained in such resolution shall
include all anticipated Capital and OperationZL1 Expenses, and
Administrative Costs of the Authority for all of its projects
during the ensuing fiscal year, together with payments of principal
and interest on all outstanding bonds, and sinking fund and reserve
requirements. The proposed budget shall provide for expenditures
only to the extent of funds legally available to the Authority for
such purposes and reasonably anticipated revenues of the Authority
10/13/94, 3:47 pm 23
•
•
for the ensuing fiscal year from established sources, based upon
past experience and reasonable projections thereof, from new
projects or new sources of income of the A thority and from
requested county -wide per capita appropriations from the parties
hereto, if any. The parties hereto shall have an opportunity to
take considered action in approving or disapproving a request to
.provide for necessary per capita appropriations, if any. The
Authority shall finalize and approve its final budget in a manner
as provided by law for the County and City.
7.5. It is the intent of the parties that, until Closing,
initial funding for the Authority shall be obtain d from the South
Florida Water Lanagement District, to the extent that the Authority
is unable to obtain sufficient funding from federal, or other state
or local agency grants or loans.
7.6. The budget and such other changes, amendments, or
supplements as may be necessary to conduct the fiscal affairs of
the Authority may be amended from time to time by action of the
Authority Board to include funds accumulated from ime to time from
additional sources.
ARTICLE VIII
CURRENT UTILITY EMPLOYEES
8.1. It is the intent of the parties hereto J
to acquire at or before Closing the City Uti.
Utility, and to offer continued employment to th,
the City and OBWA engaged in the operation or mal
10/13/94, 3:47 pm 24
)r the Authority
ities and OBWA
se employees of
,tenance of said
• II
City Utilities and OBWA Utility at the time of acquisition by the
Authority. Said employees shall thereafter remain employees of the
Authority, under such terms and conditions as set forth in a
uniform policy and procedures manual to be adopted by the Authority
Board.
ARTICLE I%
ADMISSION OF NEW GOVERNMENT MEMBIMS
9.1. Admission of any new member counties cities or other
governmental entities, to the Authority shall require a super -
majority vote of all members of the Authority Board. Under the
current five (5) member Authority Board, such an action would
d
require the affirmative vote of at least four (4) voting members,
regardless of quorum requirements.
ARTICLE %
MASTER TRANSFER AGREEMENT
10.1. The parties hereto recognize and aclmowledge that a
Master Transfer Agreement for further implementation of the
Authority is intended to be prepared and executed Prior to Closing,
and fully consummated at Closing, which shall occur on or before
October 1, 1995. The Master Transfer Agreement shall provide that
no transfer of assets from the County, City or OBWA shall occur
Prior to Closing, and that the transfer of assets from the County,
City and OBWA to the Authority shall occur s ultaneously at
Closing.
10/13/94, 3:47 pm' 25
10.2. As part of the Master Transfer Agreement, it is the
intent of the parties that, at Closing, the County shall, to the
extent permitted by law, assign to the Authority, and the Authority
shall assume, all of the County's rights and liabilities under the
Okeechobee Beach Franchise Agreement, including he County's right
to purchase the OBWA Utility. At Closing, the Authority shall
.exercise the right to purchase the OBWA Utility, pursuant to the
Okeechobee Beach Franchise Agreement, as amended by mutual
agreement of the Authority and OBWA. At Closing, the Authority
shall accept and assume all of OBWA's rights and liabilities set
forth in the Glades Franchise Agreement. The Master Transfer
Agreement shall address the establishment of rates for that class
of customers currently subject to the Glades Franchise Agreement,
so as to take into account the franchise fee currently required
thereunder.
10.3. The Master Transfer Agreement shall also set forth the
terms and conditions of the transfer to the Authority at Closing of
all of the assets which comprise the City Utiliti s, and all of the
liabilities pertaining thereto.
ARTICLE %I
TERMINATION OR WITBDRAWAL
II.1. The County or City may withdraw from the Authority, at
any time prior to Closing, after giving all other parties at least
ninety (90) days prior written notice thereof; provided, however,
that if the County or City does withdraw, it shall continue to be
10/13/94, 3:47 pm 26
responsible for any financial or contractual
ations it has
specifically assumed while it was a member of the Authority.
11.2. In the event that either the County or the City withdraws
from the Authority prior to Closing, the Authority shall be deemed
to have been dissolved as of the effective date of said withrirAw=i
and the parties hereto shall adopt a supplemental amendment to this
Agreement -Providing for the dissolution of the Authority.
11.3. In the event that the Authority is dissolved subsequent
to Closing, disposition of the assets of the Authority shall be
determined pursuant to the Faster Transfer Acre went.
ARTICLE %II
AMENDMENTS TO INTERLOCAL
12.1. This Agreement may only be
execution of an Amendment hereto by the offic
local governments executing this Agreement, dL
they remain subject to the terms and provisions
ARTICLE %III
EXECUTE IN COUNTERPARTS
13.1. This Agreement may be executed in count
by the proper
action of the
such time as
f.
arts, and each
fully executed counterpart shall be deemed an or�ginal.
ARTICLE %IV
SEVERABILITY
14.1. Any determination by a court of comp
that any provision of this Agreement is ille
enforceable, shall not adversely affect the enf
10/13/94, 3:47 pm 2
t jurisdiction
, void, or un-
ability of any
•
other provision of this Agreement, unless the
to be illegal, void or unenforceable, is a pr
significant item of consideration for the
hereto.
ARTICLE %V
LAWS GOVERNING INTERPRETATION
15.1.
This Agreement
shall be
controlled
according
to the laws,
rules and
regulations
Florida.
ARTICLE %VI
BINDING AGREEMENT AND ASSIGN
5,
16.1. This Agreement shall be binding upon
the benefit of the parties hereto, their rest
successors by merger, consolidation, conveyance,
ARTICLE %VII
NOTICES
ision determined
ion relating to a
fit of a party
and interpreted
of the State of
shall inure to
tive assigns and
or other -wise.
17.1. Any notice required or allowed to be de�lvered hereunder
shall be in writing and shall be deemed to be deli�ered when either
(1) hand delivered to the official hereinaft
(2) when deposited in the United States Lail,
certified mail, return receipt requested, addres
the address set forth below, or at such other
shall have specified by written notice to the
in accordance herewith:
10/13/94, 3:47 pm 2 8
designated, or
Dostage prepaid,
ed to a party at
es s as the party
'party delivered
Co— untys
Okeechobee County
Office of the County Administrator
304 N.W. Second Street, Room 106
Okeechobee, Florida 34972
Citv:
City of Okeechobee
Office of City Administrator
55 S.E. Third Avenue
Okeechobee, Florida 34974
ARTICLE %III
ENTIRE AGREEMENT
18.1. This Agreement supersedes any and all
or representationsj, either verbal or written, I
between the parties, made with resp
ect to
contained.
ARTICLE %IS
AFFIRMATION
19.1. The City hereby affirms that, at a
meeting of the City Council of the City of Okeechc
the day of , 1994, it approved 1
Agreement and the execution thereof by the City.
19.2. The County hereby affirms that, at a c
meeting of the Board of County Commissioners of Ok,
Florida, on the day of , 1994,
terms of this Agreement and the execution thereof
10/13/94, 3:47 pm 2 9
:vious agreements
tofore in effect
matters herein
y constituted
ee, Florida, on
terms of this
_v constituted
secnonee County,
it approved the
by the County.
ARTICLE %%
FILING
20•1. Upon execution of this Agreement, and any subsequent
amendments thereto, this Agreement and such subsequent amendments
shall be filed with the Clerk of the Circuit C urt of Okeechobee
County, Florida.
ARTICLE %gI
EFFECTIVE DATE
21.1. This Agreement shall be deemed effectiv
its execution by all parties, and filing pursuar
immediately upon
to law.
IN WITNESS WHE' REOF, the County and City have executed this
Agreement on the day and year first above written.
ATTEST:
BOARD OF COUNTY CO ISSIONERS OF
OKEECHOBEE COUNTY, FLORIDA
By By
Deputy Clerk
APPROVED AS TO
SUFFICIENCY
10/13/94, 3:47 pm 3 0
21 AND LEGAL
County A
ttorney
� I•
ATTEST:
CITY COUNCIL OF CITY OF
OKEECHOBEE, FLORIDA
By City Clerk By_
Mayor
APPROVED AS TO
SUFFICIENCY
F:\KCC\DOC\OKEECHOBEE.IA uxeecnonee City At
10/13/94, 3:47 pm 3 1
AND LEGAL
ARTICLE X
MASTER TRANSFER
10.1 The parties hereto recognize and acknowledge that a Master Transfer
Agreement (MTA) for further implementation of the Authority is intended to be Prepared
and executed prior to the Closing, and fully consummated at the Closing set for October
1, 1995. The MTA shall provide that no transfer of assets from the County, City or OBWA
shall occur prior to Closing, and all transfer of assets from the C unty, City and OBW
the Authority shall occur simultaneously at Closing. A to
10.2 As part of the MTA, it is the intent of the parties that at Closing the Coun
shall assign to the Authority, and the Authority shall assume, all o the Coun 's rihts Ty liabilities under the Okeechobee Beach Franchise A g and
Agreement, inc uding the County's right
to purchase the OBWA Utility. At Closing the Authority sh ll exercise the right to
Purchase the OBWA Utility, pursuant to the Okeechobee Beach Franchise Agreement. At
Closing Glades County shall assign to the Authority, and the Auth rity shall assume GIades County's rights and liabilities under the Glades County Franchise Agreement' of
th
OBWA. It is the further intent of the parties that the County
adopt appropriate resolutions to provide that the respective franchise agr
lades County shall
become null and void after the OBWA Utility is transferred to the Authority.eements shall
10.3 The MTA shall also set forth the terms and conditions of the
Authority at Closing of all of the assets which comprise the Citytransfer to the
liabilities a Utilities, and all of the
pertaining thereto.