1994-11-07 Special Meeting455
CITY OF OKEECHOBEE
SPECIAL CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Special Meeting to order on November 7, 1994 at 7:00 P.M.
S. 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
C. Discuss the interlocal agreement for the formation of a utility
j authority -- Mayor Kirk (E-1).
Mayor Kirk called the special meeting to order on November 7, 1994 at 7:00 P.M.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Kirk announced the purpose of this special meeting is to discuss and vote on the
amendments to the interlocal agreement establishing a temporary utility authority as
discussed at the joint workshop with the County on November 1, 1994.
Councilmember O'Connor moved to accept the Interlocal Agreement with the revisions
as discussed at the last meeting; seconded by Councilmember Watford.
Administrator Drago and Attorney Mike Minton of Dean, Mead and Minton explained to
the Council the revisions made as a result of the discussions from the November 1,
1994 workshop and another revision made today on page fifteen.
The following language was added to page fifteen, Section 4.4: "in the event this fifth
Authority Board member resigns, or is unable to continue to serve, only the four (4) members of the
Authority Board appointed by the County and the City shall be authorized, by simple majority vote, to
appoint the fifth Authority Board member to fill the balance of the term."
PAGE 1 OF 2
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456
NOVEMBER 7, 1994 - SPECIAL MEETING - PAGE 2 OF 2
C. Discuss the interlocal agreement for the formation of a utility And added to page sixteen, Section 4.7: "The alternate for the Authority board member shall
authority continued: 11
have the authority to vote until that authority board member has been replaced as prescribed above".
D. 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 AKID
EVIDENCE UPON WHICH THE APPEAL IS 77.
_/__James E. irk, Mayor
Attest:
Bonnie S. Thomas, CMC
G;ity; Gierk .
Attorney Minton stated these revisions do not change the set-up of the Board but
clarifies things further.
Councilmember Watford withdrew his second. Councilmember O'Connor withdrew his
motion.
Following further discussion, Councilmember O'Connor moved to accept the Interlocal
Agreement (for the formation of a utility authority) including the changes at the last
meeting (November 1 1994) (structure of the Board) and changes of November 7, 1994
(Section 4.4 and 4 7); seconded by Councilmember Walker.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the special meeting
at 7:23 p.m.
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county either the member to the Authority Board or the alternate)
must be a resident of the. area currently within the Service Area of
OBWA.
4.3. The City shall appoint two (2) members of the Authority
Boa
rd and one alternate, which alternate may attend all meetings of
the Authority Board and shall have the authority to vote in the
absence of either of the two (2) appointed members from the City;
provided, however,
each member and the alternate appointed by the
City shall be a resident of the City. appointed by
4.4. The four (4) members of the Authority Board aP p
majority vote,
the County and the City shall then, by a simple maj y
appoint a fifth member of the Authority Boar and one alternate
re resentative who may attend all meetings of he Authority Board
P
and shall have the authority to vote in the absence of said fifth
member; provided, however, for so long as the District encompasses
a portion of Glades County, said fifth member a ad the alternate for
that member, shall be a resident of that area within the District
51
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located in Glades County.
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4.5. No member of the Authority Boa
official or employee of the governing body
Board member is appointed. In the event an
15
11/7/94, 3:11 pm
may be an elected
whom the Authority
thority 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.
4.6. All powers, privileges and duties vested
in or imposed
upon the Authority shall be exercised and perfor
ed by and through
its Authority Board acting as a quorum; provided
however, that the
exercise of any and all executive, administrative
and ministerial
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.
4.7. 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 m
mbers shall serve
initial terms of four (4) years in duration
Thereafter, all
Authority Board members shall serve staggered
terms of four (4)
years in duration, or until such time as su
h Authority Board
members replacement has been appointed. In the
event an Authority
Board member resigns, or is unable to continue
to serve, the
balance of the term of that Authority Board member
shall be filled
in the same manner as prescribed in Section 4.11
4.3 or 4.4 above,
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as applicable. � ;:•::. ..:,:..x.4....,.>.:;:<<?:..:..:....Y.?:}:�.»::v}:>>«..:
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11/7/94, 2s52 pa
DEAN, MEAD & MINTS
MEMORANDUM
VIA TELEFAX
TO:
CHRIS CHINAULT
JOHN DRAGO
L.C. FORTNER
JOHN ABNEY
FROM:
MICHAEL D. MINTON
DATE:
NOVEMBER 3, 1994
RE:
OKEECHOBEE UTILITY AUTHORITY
Gentlemen, attached to this memorandum a
pages to the Interlocal Agreement incorporating th
approved at the joint meeting of the Board of Coun
Commissioners and the City Council last Tuesday ev
addition, Section 6.2 is revised to reflect that t
OBWA are being revised which is spelled
out in th4
Please review these revousm phaes and ve as soon as possi
thoughts or comments y IY
to accommodate the City's desire to approve the I1
Agreement at a special meeting this Monday, Noveml
be finalizing the Interlocal Agreement to Federal
concern
this evening. TherefoWe, if you have anywould appreciate receivi:
wording incorporated,
before 3:00 this afternoon.
Enclosure
cc: John Cook (w/enclosure)
John Cassels (w/enclosure)
Burton Conner (w/enclosure)
Kim Love (w/enclosure)
c:\mdm\20121dj.26
the revised
changes
ening. In
he rates for
Exhibit
ith any
.ble. In order
Lterlocal
,er 7, we will
Express out
regarding the
ig your comments
v
of th full member
-
Quorum: _ "Quorum" shall mean � N.I
ship
of the Authority Board established by this Interlocal
Agreement.
Service Areas: "Service Areas" shall mean thoseareas served,
or which may be served, by the Utilities Systems,
defined herein-
ibit "A", attached hereto and incorpo-
below, as delineated on Exhrated herein by this reference.
Uniform Extension Polite: "Uniform Extensio 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" hall mean the
combination of Wastewater System and Water System which shall be
owned, operated and maintained by the Authority.
Wastewater Svstem: "Wastewater System" shal mean and shall
additions,
include any plant, system, facility or property, and
extensions and improvements thereto, constructed o under construc-
tion, or at any future time constructed, whici are useful or
necessary or having a present capacity for future se in connection
with the collection, treatment, purification and disposal of sewage
from an
of any nature or originating Y source, and shall include,
but not be limited to, transmission and distrib tion facilities,
treatment plants, wastewater and sanitary
ewer collection,
transmission, pumping, reuse and disposal facilities of every kind
7
11/3/94, 11¢24 am
•
V
tions or loans from any other source of either money,
property, labor or other things of value, to be held, used and
applied only for the purposes of this Agreement.
r. To sue and be sued,
and to contract, ' n its own name
and such other powers as may be necessary or ]
out the purposes of this Agreement..
S. To restrain, enjoin or otherwise pre
tion of this Agreement or the powers of the A
resolution, rule or regulation adopted pursuai
set forth herein.
3.3. The Authority shall provide water any
services to the County and the City; and any othe
mental entity that subsequently becomes a member o
ARTICLE IV
AUTHORITY BOARD
:...:
14
11/3/94, 11:33 am
r to carry
t the viola-
ity or any
t to the powers
or wastewater
r local govern-
'_ the Authority.
•
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4.5. No member of the Authority Board ma
official or employee of the governing body by wl
Board member is appointed. In the event an Authc
becomes an elected official or employee of the
whom the member has been appointed, that member
to immediately resign from the Authority Board.
15
11/3/96, 11:33 am
be an elected
the Authority
ity Board member
joverning body by
shall be required
•
4.6. 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
powers may be delegated by the Authority Board to any of its
employees- or agents. Any such
officers, executive director,
delegation may be redelegated or withdrawn by the Authority Board.
4.7. 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
4 ears in duration. Thereafter, all
initial terms of four ( ) Y
Authority Board members shall serve staggered terms of four (4)
years in duration, or until such time as such Authority Board
member's replacement has been appointed. In the a vent an Authority
Board member resigns, or is unable to continu to serve, the
balance of the term of that Authority Board member shall be filled
3? above,
t.MOM
csxs
in the same manner as prescribed in Section
03
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16
11/3/94, 11:33 em
0
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.
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4.11. The Authority Board shall elect the following officers,
who shall perform the following functions:
a. A chairman, who shall preside at meetings of the
Authority Board; sign as authorized by the Authority Board any
contracts or other instruments which are deemed to be in the
best interest of the Authority; and performsuch other duties
incident to the office as may be prescribed by the Authority
Board.
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 tLr
me.
C. All officers shall be elected f 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 tie elected for the
unexpired portion of the term. No officer shall be elected to
the same office for more than two (2) cons cutive terms.
17
11/3/94, 11:33 am
4.12. The Authority Board shall appoint an executive director
gmww
37-1 %e duties
for the Authority, and prescribe 2'..:.:� • �:;:5.1x::.:..v::;...
f.. >... ,
and compensation. Among such duties, the executive director shall:
a. Be responsible to the officers and the Authority
and administering all work programs of
Board for supervising g
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 Government -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 Board; and
d. Serve at the pleasure of the Authority Board.
4.13. All meetings of the Authority Board shall be conducted in
compliance with Section 286.011, Florida Statute -Is, and shall be
held at such locations, dates, times, and intervals as determined
by the Authority Board.
4.14. 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.
4.15. The chairman, with the advice and consent of the
Authority Board, may appoint such committees 3,s. may be deemed
necessary to carry on the work of the Authority. Membership on
such committees need not be restricted to Authority Board members.
18
11/3/94, 11:33 am
4.16. Until Closing, the Okeechobee Utility Authority Working
Group shall continue in existence, and shall perform the functions
of an advisory committee to the Authority Board during said time
period. Members of the Okeechobee Utility Authority Working Group
shall be eligible for appointment to the Authority Board, unless
otherwise disqualified under the provisions of th s Article.
4.17. The Authority Board shall cause to be made at least once
each year a comprehensive report of its activities, including all
matters relating to rates, revenue, expenses of maintenance, 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 the County and the
City, and shall constitute a public record.
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 0 WA concerning the
location of line extensions, and other related atters.
19
11/3/94, 1103 am
•
ARTICLE VI
RATES, FEES, AND CHARGES
6.1. The initial schedule of rates, fees, or other 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"•
� ': ` f' ' W" this initial
.x� : M ..
• ,` ,.
6.2.
�c2 y2y3 .a 3w 1.s3SG <::?'i2> bcid hra,
�:: .
r other charges shall emain in effect
schedule of rates, fees, o
f this Agreement thro gh the date of
from the effective date o
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:
fees and charges shal be so fixed and
a. Such rates,
revised so as to provide sums, which, uith other funds
available for such purposes, shall be sufficient at all times
operating and maintaining such
to pay the expenses of op g
Utilities Systems, including reserves for s ch purposes, the
principal of and interest on revenue bonds as the same shall
become due, and reserves therefor, and to p
ovide 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 a y bonds or other
20
11/3/94, 11:33 am
uniform policy and procedures manual to be adopted b3
Board.
ARTICLE IX
ADMISSION OF NEW GOVERNMENT MEMBERS
z
,the Authority
- ARTICLE X
MASTER TRANSFER AGREEMENT
10.1. The parties hereto recognize and ack owledge that a
Master Transfer Agreement for further implementation of the
Authority is intended to be prepared and executed rior 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 BWA shall occur
prior to Closing, and that the transfer of assets from the County,
Cit and OBWA to the Authority shall occur simultaneously at
Y
Closing. it is the
10.2. As part of the Master Transfer Agreement,
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 urchase the OBWA Utility. At Closing, the Authority shall
P
exercise the right to purchase the OBWA Utility, pursuant to the
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11/3/94, 11s33 —