2017-03-30 Joint Workshop with OUA Board132 CITY OF OKEECHOBEE
MARCH 30, 2017, JOINT WORKSHOP OF THE CITY COUNCIL, COUNTY COMMISSION AND OUA BOARD
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
. SUMMARY OF COUNCIL ACTION
PAGE 1 OF 5
II AGENDA II COUNCIL DISCUSSION II
Call to Order
The workshop was hosted and conducted by the Okeechobee County Board of
County Commissioners (BOCC) with an invitation extended to the City Council
and Okeechobee Utility Authority (OUA) Board and their respective staff.
Attendance
I. Commencement
II. Public Comment
III. Agenda
A. Discuss Interlocal Agreement - Robbie Chartier.
A joint workshop was conducted on March 30, 2017, at the Civic Center, located at 1750 Highway 98 North in
Okeechobee, Florida, and called to order by BOCC Chair Terry Burroughs at 6:00 P.M. The names of members and
staff of each board, as well as the attendance of each, are listed below:
CITY
Mayor Dowling R. Watford, Jr. - Absent
Council Member Noel Chandler - Present
Council Member Monica Clark - Present
Council Member Mike O'Connor - Present
COUNTY
Chairperson Terry Burroughs - Present
Commissioner Bryant Culpepper - Present
Commissioner Kelly Owens - Present
Commissioner David Hazellief - Present
Chairperson John Creasman - Present
Board Member Melanie Anderson - Present
Board Member Tommy Clay - Present
Alternate Board Member Jeff Fadley - Absent
Alternate Board Member Harry Modlenhauer - Present
Board Secretary Kristy Hamblen - Absent
Council Member Gary Ritter - Present
City Attorney John R. Cook - Absent
City Administrator Marcos MontesDeOca - Present
City Clerk Lane Gamiotea - Present
Commissioner Bradley G. Goodbread - Present
County Attorney John Cassels - Present
County Administrator Robbie Chartier - Present
County Deputy Clerk Jeff Shain - Present
Board Member Michael Myers - Present
Board Member Steve Nelson - Present (arrived at 7:05 P.M.)
Alternate Board Member Derek Tremain - Present
Board Attorney Tom Conely - Absent
Executive Director John Hayford - Present
Commissioner Culpepper offered the invocation after which Commissioner Goodbread led the Pledge of Allegiance.
There were no public comments offered at this time.
The purpose of the workshop was to discuss possible revisions to the Interlocal Agreement creating the OUA
between the City and BOCC, dated November 10, 1994, with Amendments No. 1 dated April 10, 1997; No. 2 dated
January 5, 1999, and No. 3 dated March 8, 2007. Copies of each were distributed at the workshop.
MARCH 30, 2017 - CITY/COUNTY/OUA JOINT WORKSHOP - PAGE 2 OF 5
133
AGENDA
III. Agenda Continued
A. Discuss Interlocal Agreement continued.
COUNCIL DISCUSSION
BOCC Chair Burroughs began the discussion by stating that this workshop was not to do away with the OUA Board,
but to create a working atmosphere between all three Boards, in that there needs to not only be communication but
also connection. Events over the last few years have created some confusion and a disconnection between the
Boards. The OUA Board is made up of appointments by the BOCC and City Council, each with two regular
members and one alternate. The four regular members appoint one regular and one alternate, which are required to
be a resident of the OUA service area within Glades County.
Page 6 of the original agreement reads, "OBWA shall mean the Okeechobee Beach Water Association, Inc., a
Florida not -for -profit corporation organized for the purpose of, and currently engages in, constructing, maintain and
operating a water system for the supplying of water for domestic, commercial, agricultural, industrial and other
purposes to its members, within a specific service area." When the OUA was originally created, it included the
specific service area of OBWA, who purchased their water as a commercial user from the City Public Utilities and
supplied that water to their customers located along U.S. Highway 441 SE and State Road 78 located in
Okeechobee County and on to the Buckhead Ridge community within Glades County. The OBWA service area is
also defined within the agreement. The discussion pertained to whether retaining this specific definition was still
applicable. The consensus was to remove the definition by an amendment unless it was necessary to retain.
Page 14, Article IV, Authority Board, paragraph 4.2 reads, "The County shall appoint two members of the Authority
Board 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 appointed members from the County; provided, however, that at least one
of the appointments by the 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." The discussion pertained to whether it was still applicable to
require one of the County appointments be a resident of this small specific area, located along the North -end of
Lake Okeechobee. A consensus to amend this section was not made clear at this time.
Page 1, Article IV, Authority Board, paragraph 4.4, all excluding the last sentence reads "The four members of the
Authority Board appointed by the County and the City shall then, by a simple majority vote, appoint a fifth member of
the Authority Board and one alternate representative who may attend all meetings of the Authority Board 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 and the alternate for that member shall be a resident of
that area within the District located in Glades County." The discussion pertained to whether this was still applicable.
The consensus was not to amend this section at this time.
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MARCH 30, 2017 - CITY/COUNTY/OUA JOINT WORKSHOP - PAGE 3 OF 5
AGENDA
III. Agenda Continued
A. Discuss Interlocal Agreement continued.
COUNCIL DISCUSSION
The next issue of discussion was regarding the accountability of the OUA to the BOCC and City by reporting
regularly to each of the elected Boards. The consensus was for the Administrator's to have an agenda item, at
least once a quarter, for the QUA Chair or Vice -Chair to attend the meeting to give each governing body an
update on matters such as impacts to road and drainage facilities, infill of service areas, new expansion
projects, capital connection fees, debt philosophy, and any other issues, projects, or changes. The
Administrator's will need to coordinate with the OUA Chairperson and/or Executive Director Hayford to ensure
attendance and preparation.
In regards to broadcasting the OUA meetings, which are held during the day, the BOCC offered the OUA Board the
use of their meeting rooms and equipment. However, the majority of the OUA Board members were not in favor of
conducting their meetings offsite due to staff not having access to records/materials, which could be requested
during the course of a meeting. The OUA will research the costs of broadcasting meetings from their facility
or some other alternate solution. However, the OUA will consider using the facility to conduct their April 11, 2017,
meeting.
The topic of expanding the OUA service area was approached by the BOCC. The OUA Board members countered
with their past efforts for the BOCC and City Council to require mandatory connections. Clarifying, mandatory
connections would only be for areas where the existing system and/or collection infrastructure is available. All
agreed to collectively lobby State agencies and the legislature for grants to assist with costs of connecting current
septic tank users to the OUA wastewater collection system, especially areas in proximity to Lake Okeechobee and
tributaries. The City Council cautiously noted their support for mandatory connection, as was the regulation when
these operations were under their authority as the Public Utilities department. However, they understood the
expense to individual property owners. During this discussion, it was explained that the OUA recently reduced
connection fees by 75 percent. This led to a discussion of the options available to the OUA, to use in order to
promote information of this nature to the community at -large. In conclusion BOCC Chair Burroughs stressed,
and all agreed, the importance for the QUA Board to create a community -wide plan for connecting current
septic tank users to the wastewater collection system, it needs to be very specific, detailed, include
estimated costs, and indicate areas by priority. The plan should be kept up to date regularly and be
presentation ready. Once completed, the BOCC and City might consider, as a funding option, a one percent sales
tax designated to the Plan.
Commissioner Owens approached the subject of a recent OUA infrastructure project located in the Bet -Her Acres
Subdivision (Plat Book 3, Page 12 Okeechobee County Public Records, Southeast 13th Avenue to 18th Way and
Southeast 2nd to 8th Streets). The project was satisfied to OUA standards. However, many property owners and the
County logged multiple complaints against the contractor's quality of work and flawed condition of driveways and/or
rights -of -way after the project was completed. OUA Chair Creasman advised all pending issues are being
addressed and corrected.
MARCH 30, 2017 - CITY/COUNTY/OUA JOINT WORKSHOP - PAGE 4 OF 5
135
AGENDA
III. Agenda Continued
A. Discuss Interlocal Agreement continued.
COUNCIL DISCUSSION
Through this discussion issues with other projects, specifically Pine Ridge and Aldi's, were brought to light. County
Administrator Chartier and Executive Director Hayford are meeting to create a written process that ensures OUA
crews and/or their contractors follow a written document relating to new construction or maintenance as to how the
condition of rights -of -way and/or driveways are to be addressed before the project is complete. City Administrator
MontesDeOca is to be included in this meeting and process, as the same will be applied within the City. The OUA is
also in the process of creating a written policy to hold the Executive Director accountable for managing such type of
projects and reporting all issues to the OUA Board Members. Additionally, OUA Board Member Clay noted the
Board will hold the responsible party accountable, whether it is the OUA staff or a contractor, ensuring the written
process was followed correctly.
OUA's Strategic Plan is out of date; the previous one covered five years. The consensus was for the QUA to
revise their Plan using three years, which is more realistic. Once approved by the OUA Board, it will be
provided through a quarterly update by the ChairNice-Chair to the BOCC and City Council. It should include
many of the topics discussed at this workshop as noted through specific discussions, as well as the process of
developing vacant or under -used property within existing urban areas that are developed (infill).
OUA Chair Creasman approached the subject of amending the definition of "Quorum" on page seven of the original
Interlocal Agreement. It reads, " ...shall mean four -fifths of the full membership of the Authority Board established
by this Interlocal Agreement." The request was to amend this to a simple majority. A consensus to amend this
section was not made clear durina discussion.
OUA Chair Creasman then asked for consideration to compensate the OUA Board Members. On page 17, Article IV
Authority Board, paragraph 4.9, of the Interlocal Agreement reads "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." (The County does not offer compensation to citizen board members, excluding reimbursement of specific
per diem. The City provides a reimbursement for incidental expenses to citizen board members appointed to the
Code Enforcement Board and Planning Board/Board of Adjustment/Design Review Board at a rate of $50.00 for the
Chair and $35.00 for Regular and Alternate Board Members per meeting after attendance. This is in addition to
reimbursements when they attend specific pre -approved training, which is offered from time to time.) A consensus
to amend this was not made clear durina discussion.
The discussion briefly turned to whether the OUA Board follows Roberts Rules of Order as their parliamentary
procedures for conducting meetings. At this time, it was not known which parliamentary rules have been adopted.
However, the OUA Board will be resolving this issue soon.
MARCH 30, 2017 - CITYICOUNTYIOUA JOINT WORKSHOP - PAGE 5 OF 5
AGENDA
III. Agenda Continued
A, Discuss Interlocal Agreement continued.
IV. ADJOURNMENT
Please take notice and be advised that when a person decides to appeal any decision made by the City Council with
respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding
is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are
for the sole purpose of backup for official records of the Clerk.
ATTEST: . .
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Lane 'amiotea, C , City Clerk
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COUNCIL DISCUSSION
Due to the number of amendments discussed, as well as additional areas to be considered, the consensus was to
create a subcommittee by each Board appointing two members. Attorney Cassels confirmed the
sub -committee would operate under sunshine regulations (meetings will be noticed, open to the public, and minutes
taken). Once each Board appoints their two members, the County staff will coordinate the initial meeting of the
Sub -Committee, who will then set a meeting schedule.
Comments were made as to the positive productivity of holding the workshop. It was suggested that a joint
workshop be held at least bi-annually in addition to the quarterly updates at the BOCC and City Council meetings. It
was agreed that another workshop would be scheduled once the subcommittee is ready to give their
recommendations for amendina the Interlocal Agreement.
There being no further discussion, BOCC Chair Burroughs adjourned the workshop at 7:44 P.M.
rNDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a i'b�;`J P4'1,t"(re
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in the matter of��
in the I9th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
Affiant further says that the said Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or.corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and sub" cribed b ore me this
,2? day of aJL't'f -� C'' ' AD
Notary Public, State of Florida at Large
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ANGIEBRIDGES
WCOMMM'SION# FF976149
EXPIRES:Apd120,2020
� Bonded7teu Notary PuDGc Undenhriters
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
MM
�Gxx �oG Okeechobee County
Board of County Commissioners Meeting Location
O _ Y 1750 Hwy 98 N.
• �� �?� • Workshop Okeechobee, FL 34972
863-763-6441
www.co.o keec ho bee ft Lis
- Agenda -
Thursday, March 30, 2017 6:00 PM Civic Center Highway 98
Call to Order
Terry Burroughs
Bryant Culpepper
Kelly Owens
David Hazellief
Bradley G. Goodbread
Robbie Chartier
John Cassels
Jeff Shain
Commencement
Public Comment
III. Agenda
Chairman
Commissioner
Commissioner
Commissioner
Commissioner
County Administrator
County Attorney
Deputy Clerk
1. JOINT WORKSHOP BETWEEN COUNTY, CITY OF OKEECHOBEE AND
OKEECHOBEE UTILITY AUTHORITY (OUA) TO DISCUSS INTERLOCAL
AGREEMENT— Robbie Chartier
That the Board of County Commissioners conduct a joint workshop with the City of
Okeechobee and Okeechobee Utility Authority (OUA) for the purpose of reviewing the
Interlocal Agreement.
IV. Adjournment
Any person deciding to appeal any decision by the Board of County Commissioners with
respect to any matter considered at this meeting or hearing will need to ensure that verbatim
record of the proceedings is made and that the record includes the testimony and evidence
upon which the appeal will be based.
Board of County Commissioners
Page 1
Updated 312412017 4:31 PM
3.1 '
Okeechobee County
Board of County Commissioners
304 NW 2nd Street Department: Administration
Okeechobee, FL 34972 Category: Presentation
Prepared By: Robbie Chartier
SCHEDULED Initiator: Robbie Chartier
PRESENTATION (ID # 3945)
SUBJECT: JOINT WORKSHOP BETWEEN COUNTY, CITY OF OKEECHOBEE AND
OKEECHOBEE UTILITY AUTHORITY (OUA) TO DISCUSS INTERLOCAL AGREEMENT
MEETING: Workshop March 30, 2017
FINANCIAL IMPACT:
REQUESTED ACTION:
That the Board of County Commissioners conduct a joint workshop with the City of Okeechobee
and Okeechobee Utility Authority (OUA) for the purpose of reviewing the Interlocal Agreement.
BACKGROUND:
Okeechobee Utility Authority was formed November, 1994 between the County and the City of
Okeechobee by Interlocal Agreement (see attached). The agreement is now over twenty years
old and may be in need of revising.
The County and City of requested a Joint Workshop with OUA to open up communication and to
discuss the Interlocal Agreement between all three parties. Each agency has requested specific
discussion items as provided below but is not limited to these items:
Pages references below are to the attached Interlocal Agreement.
County Discussion Items:
1. Pg. 6 OBWA: shall mean the Okeechobee Beach Water Association, 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 .... etc." - The Status of
the corporation indicates inactive on Sunbiz and was dissolved August, 1996. Therefore, is
this still applicable today?
2. Pg. 14 4.2 in part states:"... one appointment by the county must be a resident of the area
currently within the Service Area of Okeechobee Beachwater Association." - Is this still
applicable today?
3. Pg. 15 4.4 in part states "...appoint a fifth member of the Authority Board .... said fifth
member and alternate for that member, so long as the District encompasses a portion of
Glades County, said fifth member and the alternate for that member, shall be a resident of
that area within the District located in Glades County. - Is this still applicable today?
4. Not specific to the Interlocal Agreement, Discussion regarding Accountability of OUA to
the County. Reporting more regularly to the Board of County Commissioners, impact to
road and drainage facilities, infill of service area, new expansion projects, capital connection
fees and debt philosophy.
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3.1
Presentation (ID # 3945)
Meeting of March 30, 2017
City Discussion Items:
1. Accountability of OUA to the City, reporting more regularly to the City Council.
OUA Discussion Items:
1. Pg. 7 Quorum: Shall mean four -fifths of
established by this Interlocal Agreement. Pg.
shall require a four -fifths majority vote of the
simple majority rather than a super majority.
the full membership of the Authority Board
17 4.10 all decisions of the Authority Board
entire Board membership. - OUA requests a
2. Pg. 17 4.9 Authority Board members shall serve without compensation, but shall be
reimbursed for per diem and travel expenses as provide in Section 112.061, Florida
Statutes. - OUA requests compensation for attendance at meetings as it takes away from
their businesses and their are costs incurred by them.
3. Not specific to the Interlocal Agreement, Discussion regarding Connection Policy.
Currently the County and the City do not require mandatory connections for existing homes
or businesses when the services are available. OUA requests the respective agencies
discuss this continued policy and consider revising to provide for increase customers to
their system.
ATTACHMENTS:
• Recorded County and OUA Interlocal Agreement dated 11-10-1994 (without Exhibits A-E)
(PDF)
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INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA
THIS INTERLOCAL AGREEMENT, made and entered into this 14"A
day of /��f /(-�' !ll-�LG `�� 1994, by and between the Board of County
Commissioners of Okeechobee County, Florida, a political sub-
division of the State of Florida, hereinafter referred to as
"County," and the City Council of the City of Okeechobee, Florida,
a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as "City."
W I T N E S S E T H:
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 Utility 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 the northern shore
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of Lake Okeechobee (a) in Okeechobee County, Florida, pursuant to
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the terms of that certain Okeechobee County Franchise Ordinance
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No. 93-5 dated April 29, 1993 (the "Okeechobee Beach Franchise
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Agreement") g ) and (b) in Glades County, pursuant to that certain
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Glades County Franchise Ordinance No. 93-4 dated May 24, 1993 (the
"Glades Franchise Agreement"); and
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WHEREAS, the Okeechobee Utility Authority Working Group has
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recommended to the County, City, and OBWA, that a utility authority'
be formed for Okeechobee County and the areas served by OBWA to
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supervise the planning, construction, and operation of water and
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wastewater systems, pursuant to the terms and conditions set forth
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in this Interlocal Agreement; and
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WHEREAS, the County and the City believe that it would be the
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most efficient use of their respective p powers to cooperate with
each other on a basis of mutual advantage to acquire, under the
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newly created Okeechobee Utility Authority, all of the assets, and
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to own and operate the water and wastewater systems currently owned
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and operated by the City and OBWA, in a manner that will best
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reflect the needs and economic interests of the citizens, residents
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and utility consumers within Okeechobee County and the area served
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by OBWA; and
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WHEREAS, the Okeechobee Utility Authority shall be required to
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meet and satisfy all comprehensive planning requirements set forth
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in Chapter 163, Florida Statutes, which mandates the coordination
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of plans for future growth with available sources 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
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 give 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 and the City that
provision for water supply needs and protection of water resources
can best be accomplished through the creation of a regional utility
authority, the purpose of which shall be to ensure adequate future
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water supply and wastewater services, in the most efficient and
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least expensive manner, for the citizens, residents, and utility
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consumers of Okeechobee County and the areas currently served by
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OBWA; and
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WHEREAS, the County and the City wish to set forth certain
agreements between themselves with respect to the creation of a
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regional utility authority, pursuant to the provisions of Section
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373.1962, Florida Statutes, and Section 163.01, Florida Statutes,
which provides a mechanism to accomplish the above -described goals,
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and permits the joint exercise of all powers, privileges, and
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authority which the County and City share in common, and which each
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may exercise separately.
NOW, THEREFORE, for and in consideration of the premises and
the mutual agreements hereinafter set forth, the County and the
City hereby agree as follows:
ARTICLE I
CERTAIN DEFINITIONS
1.1. The following terms shall have the following meanings
when used herein:
Administrative Costs: "Administrative Costs" shall mean costs v
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incurred to properly manage the functions of the Authority >
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including,but not limited to keeping °
ping of records, recording, and 0
distribution of minutes, meeting announcements, and coordination of
respective member staff input.
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Agreement: "Agreement" shall mean this Interlocal Agreement,
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together with all the exhibits attached hereto, as amended from
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time to time.
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Authority: "Authority" shall mean the Okeechobee Utility
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Authorit y, a, separate legal entity created hereunder.
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Authority Board: "Authority Board" shall mean the governing
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body of the Authority, acting for and on behalf of the Authority.
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Capital and Operational Expenses: "Capital and Operational
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Expenses" shall mean all expenses related to personnel and
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staffing, construction or acquisition and operation of water
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supply, collection, distribution or treatment and treated sewage
effluent and sludge and associated planning and engineering
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studies.
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City: "City" shall mean the City of Okeechobee, a municipal
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corporation existing under the laws of the State of Florida.
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City Utilities: "City Utilities" shall mean the utilities
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systems now operated by the City within its specified service
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Closing: "Closing" shall mean the consummation of the
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transaction contemplated by this Agreement to be effectuated under
the Master Transfer Agreement, as more particularly set forth in
Article X.
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County: "County" shall mean Okeechobee County, Florida, a
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Political subdivision of the State of Florida. °:
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Developer: "Developer" shall mean any property owner, builder
or other prospective consumer of water and/or wastewater services
with respect to identified parcels of real property which have a
designated or anticipated need for water and/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 and/or sewer services, whether now being
provided or to be provided in the future to a Developer.
District: "District" shall mean the area within all of the
designated service areas of the Authority, as those areas may be
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 Utility: "OBWA Utility" shall mean the utility system
now being operated by OBWA within its specified service area.
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Developer: "Developer" shall mean any property owner, builder
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or other prospective consumer of water and/or wastewater services
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with respect to identified parcels of real property which have a
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designated or anticipated need for water and/or sewer connections
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from the Utilities Systems.
Developer Agreements: "Developer Agreements" shall mean those
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agreements which provide for payments to be made to the City or
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OBWA in exchange for water and/or sewer services, whether now being
provided or to be provided in the future to a Developer.
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District: "District" shall mean the area within all of the
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designated service areas of the Authority, as those areas may be
expanded or contracted in accordance with the provisions of this
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Agreement and the laws of the State of Florida.IL
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 Utilit "OBWA Utility" shall mean the utility system
now being operated by OBWA within its specified service area.
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3.1.a
OR
3UO PAGE1690
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Quorum: "Quorum" shall mean four -fifths of the full member-
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ship of the Authority Board established by this Interlocal
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Agreement.
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Service Areas: "Service Areas" shall mean those areas served,
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or which may be served, by the Utilities Systems, defined herein-
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below, as delineated on Exhibit "A", attached hereto and incorpo-
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rated herein by this reference.
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Uniform Extension Policy: "Uniform Extension Policy" shall
mean the policies adopted by the Authority Board concerning the
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provision of utility services to the customers of the Authority,
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and any reference herein shall mean from and after its date of
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adoption by the Authority Board.
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Utilities Systems: "Utilities Systems" shall mean the
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combination of Wastewater System and Water System, which shall be
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owned, operated and maintained by the Authority.
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Wastewater System: "Wastewater System" shall mean and shall
include any plant, system, facility or property, and additions,
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extensions and improvements thereto, constructed or under construc-
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tion, or at any future time constructed, which are useful or
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necessary or having a present capacity for future use in connection
with the collection, treatment, purification and disposal of sewage
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of any nature or originating from any source, and shall include,
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but not be limited to, transmission and distribution facilities,
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treatment plants, wastewater and sanitary sewer collection,
transmission, pumping, reuse and disposal facilities of every kind
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11/7/94, 2:07 pm 7
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Packet Pg. 11
BLUK 300 PACE1OO1
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and description whatsoever, including without limitation, all trade
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 any 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 additions, extensions and
improvements thereto constructed, under construction, or at any
future time constructed, or acquired as part thereof, 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 wellfields, 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, rights, easements and
franchises of any nature whatsoever relating to any such system and
necessary or convenient for the operation thereof.
11/7/94, 2:07 pm 9
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3.1.a
ARTICLE II a
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EXHIBITS N
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2.1. There are attached to this Agreement as Exhibits "A"
through "E", certain lists and documents which contain information, 0
representations, and covenants of the County or City which are v
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integral and essential parts of the transaction described in this
Agreement, and are listed as follows:
Exhibit "A": Depiction of Authority Service Areas.
Exhibit "B": Initial schedule of Authority rates, fees or
other charges.
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 AUTHORITY
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 as 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 water and wastewater
system to ensure adequate future water supply and wastewater
1117/94, 2:07 pm 9
Packet Pg. 13
3.1.a
6 360 �dC-46'03
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 provided 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
as said Authority Board may require or deem 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 any other indebted-
ness authorized by law, to pay all or part of the cost of such
construction, reconstruction, erection, acquisition 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,
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3.1.a
BHK 360 PAGE 1 E0 4
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conduits or pipelines in, along or under any streets, alleys,
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highways or other public places or ways within the state or
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any municipality or public or political subdivision necessary
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for the purposes of the District.
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g.. To adopt a Uniform Extension Policy.
h. To establish an annual budget, and to fix and
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collect rates, fees, impact fees, and other charges to persons
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or property, or both, for the use of the facilities and
services provided by the Utilities Systems, and to fix and
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collect charges for making connections with any such Water
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System or Wastewater System and to provide for reasonable
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penalties on any users or properties for any such rates, fees
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or charges that are delinquent.
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i. To levy special, non -ad valorem assessments on
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benefitted properties, pursuant to the methods for establish-
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ing and collecting such non -ad valorem assessments set forth
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in Chapters 125, 166, and 170, Florida Statutes. The
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Authority may collect non -ad valorem assessments utilizing the
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methods and procedures provided to local governments under
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Sections 197.3631 and 197.3632, Florida Statutes. Said
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collection of non -ad valorem assessments shall be subject to
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all collection provisions of Chapter 197, Florida Statutes,
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including the issuance and sale of tax certificates and tax
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deeds for non-payment of said non -ad valorem assessments. M
11/7/94, 2:07 pm
11
Packet Pg. 15
e ax 360 r dG95
j . 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 therein, including
lands under water and riparian rights, and to acquire such
personal property as it may deem necessary in 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 for 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
11/7/94, 2xG7 pm
12
Packet P 1671
OBKK
R 360 FArAGUG
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 under 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 relevant 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-
11/7/B4, 2:07 pm 13
Packet Pg. 17
3.1.a
OR 300
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tions or loans from any other source of either money,
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property, labor or other things of value, to be held, used and
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applied only for the purposes of this Agreement.
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r. To sue and be sued, and to contract, in its own name
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and such other powers as may be necessary or proper to carry
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out the purposes of this Agreement.�rn,�
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S. To restrain, enjoin or otherwise prevent the viola-
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tion of this Agreement or the powers of the Authority or any
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resolution, rule or regulation adopted pursuant to the powers
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set forth herein.
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3.3. The Authority shall provide water and/or wastewater
services to the County and the City, and any other local govern-
mental entity that subsequently becomes a member of the Authority.
ARTICLE IV
AUTHORITY BOARD
4.1. The Authority shall be governed by an Authority Board,
which shall be comprised of five (5) members and such alternates as
are described hereinbelow, each of which must be a resident of an
area within the Service Areas of the Authority. Each member shall
have one vote.
4.2. The County shall appoint two ( 2 ) members of the Authority
Board 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 County;
provided, however, that at least one of the appointments by the
11/7/94, 2:07 pm
14
Packet Pg. 18
OR 3 r 0
60
must be a resident of the area currently within the Service Area of
4.3. The City shall appoint two (2) members of the Authority
Board 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.
4.4. The four (4) members of the Authority Board appointed by
the County and the City shall then, by a simple majority vote,
appoint a fifth member of the Authority Board and one alternate
representative who may attend all meetings of the Authority Board
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 and the alternate for
that member, shall be a resident of that area within the District
located in Glades County. 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.
4.5. No member of the Authority Board may be an elected
official or employee of the governing body by whom the Authority
Board member is appointed. In the event an Authority Board member
11/7/94, 3:43 pm 15
Packet Pg. 19
3.1.a
YcGK .360
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becomes an elected official or employee of the governing body by
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whom the member has been appointed, that member shall be required
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to immediately resign from the Authority Board.
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4.6. All powers, privileges and duties vested in or imposed
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upon the Authority shall be exercised and performed by and through
its Authority Board acting as a quorum; provided, however, that the
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exercise of any and all executive, administrative and ministerial
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powers may be delegated by the Authority Board to any of its
officers, executive director, employees or agents. Any such
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delegation may be redelegated or withdrawn by the Authority Board.
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4.7. One Authority Board member appointed by the County and
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one Authority Board member appointed by the City shall serve an
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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
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Authority Board members shall serve staggered terms of four (4)
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years in duration, or until such time as such Authority Board
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members replacement has been appointed. In the event an Authority
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Board member resigns, or is unable to continue to serve, the
balance of the term of that Authority Board member shall be filled
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in the same manner as prescribed in Section 4.2, 4.3 or 4.4 above,
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as applicable. The alternate for that Authority Board member shall
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have the authority to vote until that Authority Board member has
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been replaced as prescribed above. or
11/7/54, 2ia7 pm 16
Packet Pg. 20
3.1.a
BCGK`36U PACE ADO
4.8. The alternates appointed in accordance with the foregoing
shall serve a term of two (2) years in duration, or until such time
as such alternate's replacement has been appointed. In the event
an alternate resigns, or is unable to continue to serve, the
balance of the term of that alternate shall be filled in the same
manner as provided in Section 4.2, 4.3 or 4.4 above, as applicable.
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. Except as provided in Section 4.4 above, all decisions of
the Authority Board shall require a four -fifths majority vote of
the entire Board membership.
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 perform such 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 time.
C. All officers shall be elected for a term of one
year. If any officer shall cease to be a member of the
11/7/94, 2:07 pm
17
Packet Pg. 21
3.1.a
bur, 360 PAPA MI
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3
Authority Board, or shall, for any reason, not be able to
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serve in that capacity, a successor shall be elected for the
unexpired portion of the term. No officer shall be elected to
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the same office for more than two (2) consecutive terms.
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4.12. The Authority Board shall appoint an executive director
for the Authority, and prescribe the executive director's duties
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and compensation. Among such duties, the executive director shall:
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a. Be responsible to the officers and the Authority
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Board for supervising and administering all work programs of
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the Authority; and
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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 Statutes, 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.
11/7/94, 2:01 pm
Packet Pg. 22
3.1.a
URGK. 300 Pail i 0 2 Y
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4.15. The chairman, with the advice and consent of the a
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Authority Board, may appoint such committees as may be deemed
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necessary to carry on the work of the Authority. Membership on O
such committees need not be restricted to Authority Board members. z
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4.15. Until Closing, the Okeechobee Utility Authority Working
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Group shall continue in existence, and shall perform the functions 0)
of an advisory committee to the Authority Board during said time w
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period. Members of the Okeechobee Utility Authority Working Group Q
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shall be eligible for appointment to the Authority Board, unless W
otherwise disqualified under the provisions of this Article. C
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4.17. The Authority Board shall cause to be made at least once 3
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.
11/7194, 2:07 pm 19
Packet Pg. 23
3.1.a
9R,r, 360 : ni 10, 3
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5.2. The Authority Board shall have final authority to resolve
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any disputes that may arise during the term of said Interim
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Operational Agreements between the City and OBWA concerning the
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location of line extensions, and other related matters.
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ARTICLE VI
RATES, PEES, AND CHARGES
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6.1. The initial schedule of rates, fees, or other charges for
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the use of the services and facilities to be furnished by the
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Authority, to be paid by the owner, tenant, or occupant of each
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structure, facility, lot or parcel of land which may be connected
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with, or used by the Utilities Systems of the Authority, shall be
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as set forth in Exhibit "B".
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6.2. Except as otherwise provided on Exhibit "B", this initial
schedule of rates, fees, or other charges shall remain in effect
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from the effective date of this Agreement through the date of
Closing.
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6.3. After Closing, the Authority Board may revise the
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schedule of rates, fees, or other charges, from time to time, based?
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on the following criteria:
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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
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available for such purposes, shall be sufficient at all times
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to pay the expenses of operating and maintaining such
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Utilities Systems, including reserves for such purposes, the
principal of and interest on revenue bonds as the same shall
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11/7/94, 2:D7 pm 20
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Packet Pg. 24
OR
QGGK 'J W 'PAGE I sf 3.1.a
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
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 shall 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 plumbing 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
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
I1/7/94, 2:07 pm
21
Packet Pg. 25
3.1.a
OR
360 PACE 1 0 J
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occupants served or to be served thereby and all others U
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interested shall have an opportunity to be heard concerning N
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the proposed rates, fees and charges. Notice of such public °C
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hearing setting forth the proposed schedule or schedules of z
rates,.fees and charges shall be given by one publication in
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a newspaper of general circulation published in Okeechobee
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County, at least ten (10) days before the date fixed in such w
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notice for the hearing, which may be adjourned from time to
time. After such hearing, such schedule or schedules, either w
as initially adopted, or as modified or amended, may be 00
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finally adopted. 3
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 charges 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,
fees or charges may be made in the same manner as such rates,
fees or charges were originally established as hereinabove
provided.
e. The same rates, fees and charges shall be fixed and
collected from any county, school district or other political
subdivision using the services and facilities of the Water
11/7/94, 2:01 pm
22
Packet Pg. 26
3.1.a
OR 360 PAGJi0'0
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System or Wastewater System, or
both, as are fixed and
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collected from other users of such facilities in the same
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class, unless such governmental
entities are exempt from
payment of such rates, fees or charges under Florida law. No
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free water or wastewater services
shall be rendered by the
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Authority and no discrimination shall exist in the fees, rates
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and charges for users of the same
class. The Authority may
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not provide service to any user
in contravention of the
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requirements set forth above unless
required by law or a court
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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,
unless otherwise provided under Florida law. 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 such service charge shall not be paid as
and when due and shall be in default for 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 in a civil action, and any such
11/7/94, 21D7 pm
23
Packet Pg. 27
3.1.a
BGGK NO
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lien and accrued interest may be foreclosed or otherwise v
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enforced by the Authority by action or suit in equity as for
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the foreclosure of a mortgage on real property. p
g. The Authority shall also establish a uniform policy z
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concerning the termination of water service for nonpayment of
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fees, rates or charges as specified above.
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ARTICLE VII W
BUDGET AND FUNDING
7.1. The fiscal year of the Authority shall be the same as the
fiscal year of the County and City.
7.2. The initial budget 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 Operational 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
11/7/94, 2:07 pm 24
Packet Pg. 28
'bc,GK 360 rnr,11IC3.1.a
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 Authority 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 obtained from the South
Florida Water Management 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 time to time from
additional sources.
ARTICLE VIII
CURRENT UTILITY EMPLOYEES
8.1. It is the intent of the parties hereto for the Authority
to acquire at or before Closing the City Utilities and OBWA
Utility, and to offer continued employment to those employees of
the City and OBWA engaged in the operation or maintenance of said
11/7/94, 2:07 pm 25
Packet Pg. 29
3.1.a
DO K 3G0 ncrl i0u
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 IX
ADMISSION OF NEW GOVERNMENT MEMBERS
9.1. Admission of any new member counties, cities or other
governmental entities, to the Authority shall require a four -fifths
majority vote of all members of the Authority Board.
ARTICLE X
MASTER TRANSFER AGREEMENT
10.1. The parties hereto recognize and acknowledge 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 simultaneously at
Closing.
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
11/7/94, 2:07 pm 26
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Okeechobee Beach Franchise Agreement, including the County's right a
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to purchase the OBWA Utility. At Closing, the Authority shall Cn
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exercise the right to purchase the OBWA Utility, pursuant to the O
Okeechobee Beach Franchise Agreement, as amended by mutual z
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agreement of the Authority and OBWA. At Closing, the Authority
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shall accept and assume all of OBWA's rights and liabilities set M
forth in the Glades Franchise Agreement. The Master Transfer w
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 Utilities, and all of the
liabilities pertaining thereto.
ARTICLE XI
TERMINATION OR WITHDRAWAL
11.1. 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
responsible for any financial or contractual obligations 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
11/7/94, 2:07 pm 27
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to have been dissolved as of the effective date of said withdrawal, v
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and the parties hereto shall adopt a supplemental amendment to this N
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Agreement providing for the dissolution of the Authority. 0
11.3. In the event that the Authority is dissolved subsequent z
to Closing, disposition of the assets of the Authority shall be �
determined pursuant to the Master Transfer Agreement.
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ARTICLE XII i,
AMENDMENTS TO INTERLOCAL AGREEMENT
12.1. This Agreement may only be amended by the proper
execution of an Amendment hereto by the official action of the
local governments executing this Agreement, during such time as
they remain subject to the terms and provisions hereof.
ARTICLE XIII
EXECUTE IN COUNTERPARTS
13.1. This Agreement may be executed in counterparts, and each
fully executed counterpart shall be deemed an original.
ARTICLE XIV
SEVERABILITY
14.1. Any determination by a court of competent jurisdiction
that any provision of this Agreement is illegal, void, or un-
enforceable, shall not adversely affect the enforceability of any
other provision of this Agreement, unless the provision determined
to be illegal, void or unenforceable, is a provision relating to a
significant item of consideration for the benefit of a party
hereto.
1117/94, 2:07 pm 28
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3.1.a
BOOK
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ARTICLE XV v
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LAWS GOVERNING INTERPRETATION =
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15.1. This Agreement shall be controlled and interpreted p
according to the laws, rules and regulations of the State of
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Florida.
ARTICLE XVI
BINDING AGREEMENT AND ASSIGNMENT w
16.1. This Agreement shall be binding upon and shall inure to
the benefit of the parties hereto, their respective assigns and
successors by merger, consolidation, conveyance, or otherwise.
ARTICLE XVII
NOTICES
17.1. Any notice required or allowed to be delivered hereunder
shall be in writing and shall be deemed to be delivered when either
(1) hand delivered to the official hereinafter designated, or
(2) when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to a party at
the address set forth below, or at such other address as the party
shall have specified by written notice to the other party delivered
in accordance herewith:
11/7/94, 2107 pm
County:
Okeechobee County
Office of the County Administrator
304 N.W. Second Street, Room 106
Okeechobee, Florida 34972
29
Packet Pg. 33
3.1.a
City:
DOCK 360 PAGE i�J
City of Okeechobee
Office of City Administrator
55 S.E. Third Avenue
Okeechobee, Florida 34974
ARTICLE XIII
ENTIRE AGREEMENT
18.1. This Agreement supersedes any and all previous agreements
or representations, either verbal or written, heretofore in effect
between the parties, made with respect to the matters herein
contained.
ARTICLE XIX
AFFIRMATION
19.1. The City hereby affirms that, at a duly constituted
meeting of the City Council of the City of Okeechobee, Florida, on
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the Lday of f_. /[ l( 1994, it approved the terms of this
Agreement and the execution thereof by the City.
19.2. The County hereby affirms that, at a duly constituted
meeting of the Board of County Commissioners of Okeechobee County,
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Florida, on the day of 19 it approved the
terms of this Agreement and the execution thereof by the County.
ARTICLE XX
FILING
20.1. Upon execution of this Agreement, and any subsequent
amendments thereto, this Agreement and such subsequent amendments
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shall be filed with the Clerk of the Circuit Court of Okeechobee
County, Florida.
ARTICLE XXI
EFFECTIVE DATE
21.1. This Agreement shall be deemed effective immediately upon
its execution by all parties, and filing pursuant to law.
IN WITNESS WHEREOF, the County and City have executed this
Agreement on the day and year first above written.
ATTEST:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
OKEECHOBEE COUNTY, FLORIDA
By G?
Chairman
APPROVED AS TO FORM AND LEGAL
ATTEST: CITY COUNCIL OF CITY OF
OKEECHOBEE, FLORIDA
By BY
City . erk M
APPROVED AS TO FORM D LEGAL
SUFF. ENCY
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Okeechobee City Attorney
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11/7/94, 2:07 pm 3 1
Packet Pg. 35
FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA.
THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT, made and
entered into this 101—dday of Wst;L , 1997, by and between the Board of County
Commissioners of Okeechobee County, Florida, a political subdivision of the State of
Florida, hereinafter referred to as "County," and the City Council of the City of
Okeechobee, Florida, a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the County and the City previously entered into that certain Interlocal
Agreement dated November 10, 1994, whereby the Okeechobee Utility Authority was
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created; and
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WHEREAS, the Okeechobee Utility Authority has requested the County and the
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City to amend said Interlocal Agreement.
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NOW, THEREFORE, for and in consideration of the premises and mutual
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agreements hereinafter set forth, the County and the City hereby agree that said Interlocal
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Agreement is hereby amended as follows:G-
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Paragraph 7.3 of ARTICLE VII - BUDGET AND FUNDING - is amended to
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provide:
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7.3. By May 1, 1995, and by May 1, 1996, and by September 1st of
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each year thereafter,, the Authority Board shall adopt, by budget resolution,
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its tentative annual budget for the ensuing fiscal year, and shall forward copies
of said tentative budget to the County and to the City.
AFFIRMATION
The County hereby affirms that, at a duly constituted meeting of the Board of County
Commissioners of Okeechobee County, Florida, on the 10thday of April , 1997, it
approved the terms of this First Amendment to Interlocal Agreement and the execution
thereof by the County.
BOARD OF COUNTY COMMISSIONERS OF
OKEECHOBEE COtJkM, FLORIDA
By
Chai
The City hereby affirms that, at a duly constituted meeting of the City Council of the
City of Okeechobee, Florida, on the 11 VUay of November , 1996, it approved the terms of
this First Amendment to Interlocal Agreement and the execution thereof by the City.
CITY CPIWCJL OF CITY OF
OKEFbffHOBa, FLORIDA
ATTEST:
By
City` Oak
•
SECOND AMENDMENT
TO
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA.
THIS SECOND AMENDMENT TO INTERLOCAL AGREEMENT, made and
entered into this 5tt► day of January , 1999, by and between the Board of County
Commissioners of Okeechobee County, Florida, a political subdivision of the State of
Florida, hereinafter referred to as "County," and the City Council of the City of
Okeechobee, Florida, a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the County and the City previously entered into that certain Interlocal
Agreement dated November 10, 1994, whereby the Okeechobee Utility Authority was
created; and
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WHEREAS, the Okeechobee Utility Authority has requested the County and the
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City to amend said Interlocal Agreement.
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NOW, THEREFORE, for and in consideration of the premises and mutual
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agreements hereinafter set forth, the County and the City hereby agree that said Interlocal
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Agreement is hereby amended as follows:
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Paragraph 4.7 of ARTICLE IV - AUTHORITY BOARD - is amended as follows:
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4.7. One Authority Board member appointed by the County and one
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Authority Board member appointed by the City shall serve an initial term of
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two two (2) years in duration. In order to create staggered terms, the other
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Authority Board members 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 such Authority Board
member's replacement has been appointed. The term of any Authority Board
member appointed during or after the year 1996 shall expire on March 1 at
the end of the fourth year of the term. 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 4.2, 4.3, or 4.4 above, as applicable. The alternate for that
Authority Board member shall have the authority to vote until that Authority
Board member has been replaced as prescribed above.
AFFIRMATION
The County hereby affirms that, at a duly constituted meeting of the Board of County
Commissioners of Okeechobee County, Florida, on the 10thday of April . 1997, it
approved the terms of this Second Amendment to Interlocal Agreement and the execution
thereof by the County.
BOARD OF COUNTY COW I°SSIONERFS. .
OKEECHOBEE CO a F� OIjtDTt _
By
�J.v E
The City hereby affirms that, at a duly constituted meeting of the City Council of the
City of Okeechobee, Florida, on the 5th day of JaxlEmY , 1997, it approved the terms of
this Second Amendment to Interlocal Agreement and the execution thereof by the City.
CITY COUNCIL OF CITY OF
OKEEC B , FLORIDA
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ATTEST: By
Mayo
By
City .Perk
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THIRD AMENDMENT
TO
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA.
THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT, made and entered
into this 8th day of March , 2007, by and between the Board of County
Commissioners of Okeechobee County, Florida, a political subdivision of the State of Florida,
hereinafter referred to as "County," and the City Council of the City of Okeechobee, Florida, a
municipal corporation existing under the laws of the State of Florida, hereinafter referred to as
"Ci " ty.
WITNESSETH:
WHEREAS, the County and the City previously entered into that certain Interlocal
Agreement dated November 10, 1994, whereby the Okeechobee Utility Authority was created; and
WHEREAS, the Okeechobee Utility Authority has requested the County and the City to
amend said Interlocal Agreement.
NOW, THEREFORE, for and in consideration of the premises and mutual agreements
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hereinafter set forth, the County and the City hereby agree that said Interlocal Agreement is hereby
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amended as follows:
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Paragraph 3.2.i of ARTICLEW - CREATION OF UTILITY AUTHORITY - is amended
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as follows:
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3.2. The Authority shall have the following powers:
X To levy special, non -ad valorem assessments on benefitted properties, pursuant to
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the methods for establishing and collecting such non -ad valorem assessments set
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forth in Chapters 125, 153, 166, and 170, Florida Statutes, provided however, the
Authority shall furnish no less than sixty (60) days' written notice to Okeechobee
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County and to the City of Okeechobee in advance of the effective date of any special
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non -ad valorem assessment levied and assessed on benefitted properties within
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Okeechobee County, including those benefitted properties lying within the City of
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Okeechobee. The Authority may collect non -ad valorem assessments utilizing
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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.
AFFIRMATION BY COUNTY
The County hereby affirms that, at a duly constituted meeting of the Board of County
Commissioners of Okeechobee County, Florida, on the 8 day of MW*Q)E!� , 2007, it
approved the terms of this Third Amendment to Interlocal Agreement and the execution thereof by
the County.
ATTEST:
By 6C)c
Clerk
SHARON ROBERTSON, CLERK
BOARD OF COUNTY COMVIISSIONERS OF
OKEECHOBEE COUNTY, FLORIDA
By
Ch an
(SEAL)
AFFIRMATION BY CITY
The City hereby affirms that, at a duly constituted meeting of the City Council of the City of
Okeechobee, Florida, on the �WL day of 2007, it approved the terms of this
Third Amendment to Interlocal Agreement and the execution thereof by the City.
ATTEST:
By&QZO-;�J-�
City Jerk
CITY COUNCIL OF CITY OF
OKE7/".
E, FLORIDA
By
/ ayor
E
(SEAL)
Okeechobee County
Board of County Commissioners
� 11"1�- Workshop
-- Agenda -
Meeting Location
304 NW 2nd Street
Okeechobee, FL 34972
863-763-6441
www.co.okeechobee.f1.us
Wednesday, May 24, 2017 5:30 PM Historic Courthouse, Room 270
Call to Order
Terry W. Burroughs
David E. Hazellief
Dowling Watford
Noel Chandler
John Creasman
Tommy Clay
I. Commencement
II. Public Comment
III. Agenda
Okeechobee County
Okeechobee County
City of Okeechobee
City of Okeechobee
Okeechobee Utility Authority
Okeechobee Utility Authority
ORGANIZATIONAL MEETING OF THE OKEECHOBEE UTILITY AUTHORITY (OUA)
SUB -COMMITTEE TO REVIEW INTERLOCAL AGREEMENT— Robbie Chartier
That the OUA sub -committee members:
a) selecting a Chair and Vice Chair;
b) agree to select an attorney to draft the revised Interlocal Agreement, with funding to
be paid by each of the 3 entities paying a 1/3 share of attorney's cost;
c) review and select the areas of the Interlocal Agreement that require revisions and
direct one of the entities to acquire attorney services to complete same.
d) Set next meeting date
IV. Adjournment
Any person deciding to appeal any decision by the Board of County Commissioners with
respect to any matter considered at this meeting or hearing will need to ensure that verbatim
record of the proceedings is made and that the record includes the testimony and evidence
upon which the appeal will be based.
Board of County Commissioners Page 1 Updated 511212017.3:57 PM
Okeechobee County
Board of County Commissioners
304 NW 2nd Street Department: Administration
Okeechobee, FL 34972 Category: Presentation
Prepared By: Tracy Rowland
SCHEDULED Initiator: Robbie Chartier
PRESENTATION (ID # 4016)
SUBJECT: ORGANIZATIONAL MEETING OF THE OKEECHOBEE UTILITY AUTHORITY
(OUA) SUB -COMMITTEE TO REVIEW INTERLOCAL AGREEMENT
MEETING: Workshop May 24, 2017
FINANCIAL IMPACT:
REQUESTED ACTION:
That the OUA sub -committee members:
a) selecting a Chair and Vice Chair;
b) agree to select an attorney to draft the revised Interloca► Agreement, with funding to be paid
by each of the 3 entities paying a 1/3 share of attorney's cost;
c) review and select the areas of the Interlocal Agreement that require revisions and direct one
of the entities to acquire attorney services to complete same.
d) Set next meeting date
BACKGROUND:
Okeechobee Utility Authority was formed November, 1994 between the County and the City of
Okeechobee by Interlocal Agreement. (See attached). The agreement is now over twenty years
old and may be in need of revisions.
On March 30, 2017 the 3 agencies conducted a workshop to discuss possible revisions to the
Interlocal Agreement, as well as, the formation of a Board to oversee the revision process.
Each entity selected two of its members to sit on a sub -committee for the purpose of reviewing
the Interlocal Agreement, to make recommendations for its update and revision.
The discussion topics for this Workshop will be as follows:
1. Selection of a Chair and Vice Chair
2. Selection of an Attorney to draft the new Interlocal Agreement and how it will be funded
(recommend Michael Minton of Dean Meade Minton and Zewersky, as they were the
original drafters of the current IA, recommend they fund it by each entity paying 1/3 of
the cost, billed to the County, and the County then billing the City and OUA for
reimbursement)
3. Review of the Interlocal Agreement and select the areas that need re -drafting and direct
staff of one of the entities to assist in acquiring Attorney services so they can do the
redrafted.
4. Set next meeting date
3.1
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3.1
Presentation (ID # 4016)
ATTACHMENTS:
Meeting of May 24, 2017
• Recorded OUA Interlocal Agreement with Okee County and City of Okee dated 11-10-1994
(without Exhibits A-E) (PDF)
• 1 st, 2nd and 3rd Amendments to County and OUA Interlocal Agreement Creating the OUA
(PDF)
Page 2
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i
a«K 360 i,%JG84
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTBORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA
THIS INTERLOCAL AGREEMENT, made and entered into this
day of /�tf, /(_("_ ��� -G`t- , 1994, by and between the Board of County
Commissioners of Okeechobee County, Florida, a political sub-
division of the State of Florida, hereinafter referred to as
"County," and the City Council of the City of Okeechobee, Florida,
a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as "City."
W I T N E S S E T H:
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 Utility 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 the northern shore
11/7/94, 3:44 pm
Packet Pg. 4
r� a 3.1.a
OR: 360 ptGE1685
Mr,
of Lake Okeechobee (a) in Okeechobee County, Florida, pursuant to
the terms of that certain Okeechobee County Franchise Ordinance
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No. 93-5 dated April 29, 1993 (the "Okeechobee Beach Franchise
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Agreement")
) and (b) in Glades County, pursuant to that certain
Glades County Franchise Ordinance No. 93-4 dated May 24, 1993 (the
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"Glades Franchise Agreement"); and
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WHEREAS, the Okeechobee Utility Authority Working Group has
recommended to the County, City, and OBWA, that a utility authority
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be formed for Okeechobee County and the areas served by OBWA to
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supervise the planning, construction, and operation of water and
wastewater systems, pursuant to the terms and conditions set forth
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in this Interlocal Agreement; and
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WHEREAS, the County and the City believe that it would be the
most efficient use of their respective
p powers to cooperate with
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each other on a basis of mutual advantage to acquire, under the
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newly created Okeechobee Utility Authority, all of the assets, and
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to own and operate the water and wastewater systems currently owned
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and operated by the City and OBWA, in a manner that will best
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reflect the needs and economic interests of the citizens, residents
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and utility consumers within Okeechobee County and the area served
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by OBWA; and
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WHEREAS, the Okeechobee Utility Authority shall be required to
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meet and satisfy all comprehensive planning requirements set forth
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in Chapter 163, Florida Statutes, which mandates the coordination
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11/7/94, 2:07 pm 2
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3.1.a
OR - 360
of plans for future growth with available sources 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
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 give 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 and the City that
provision for water supply needs and protection of water resources
can best be accomplished through the creation of a regional utility
authority, the purpose of which shall be to ensure adequate future
11/7/94, 2i07 pm 3
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3.1.a
300 WAG
water supply and wastewater services, in the most efficient and
least expensive manner, for the citizens, residents, and utility
consumers of Okeechobee County and the areas currently served by
OBWA; and
WHEREAS, the County and the City wish to set forth certain
agreements between themselves with respect to the creation of a
regional utility authority, pursuant to the provisions 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, the County and the
City hereby agree as follows:
ARTICLE I
CERTAIN DEFINITIONS
1.1. The following terms shall have the following meanings
when used herein:
Administrative Costs: "Administrative Costs" shall mean costs
incurred to properly manage. the functions of the Authority
including, but not limited to, keeping of records, recording, and
distribution of minutes, meeting announcements, and coordination of
respective member staff input.
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3.1.a
BOOK' PF1C['�J
A reement: "Agreement" shall mean this Interlocal Agreement,
together with all the exhibits attached hereto, as amended from
time to time.
Authority: "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:_ "Capital 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 Okeechobee, 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.
Closing: "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.
11/7/94, 2:07 pm
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3.1.a
Developer: "Developer" shall mean any property owner, builder
or other prospective consumer of water and/or wastewater services
with respect to identified parcels of real property which have a
designated or anticipated need for water and/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 and/or sewer services, whether now being
provided or to be provided in the future to a Developer.
District: "District" shall mean the area within all of the
designated service areas of the Authority, as those areas may be
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 Utility: "OBWA Utility" shall mean the utility system
now being operated by OBWA within its specified service area.
11/7/94, 2:07 pm 6
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3.1.a
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Developer: "Developer" shall mean any property owner, builder o
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or other prospective consumer of water and/or wastewater services w
with respect to identified parcels of real property which have a
designated or anticipated need for water and/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 and/or sewer services, whether now being
provided or to be provided in the future to a Developer.
District: "District" shall mean the area within all of the
designated service areas of the Authority, as those areas may be
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 Utility: "OBWA Utility" shall mean the utility system
now being operated by OBWA within its specified service area.
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Quorum: "Quorum" shall mean four -fifths of the full member-
ship of the Authority Board established by this lnterlocal
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Agreement.
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Service Areas: "Service Areas" shall mean those areas served,
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or which may be served, by the Utilities Systems, defined herein--
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below, as delineated on Exhibit "A", attached hereto and incorpo-
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rated herein by this reference.
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Uniform Extension Policy: "Uniform Extension Policy" shall
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mean the policies adopted by the Authority Board concerning the
provision of utility services to the customers of the Authority,
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and any reference herein shall mean from and after its date of
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adoption by the Authority Board.
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Utilities Systems: "Utilities Systems" shall mean the
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combination of Wastewater System and Water System, which shall be
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owned, operated and maintained by the Authority.
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Wastewater System: "Wastewater System" shall mean and shall
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include any plant, system, facility or property, and additions,
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extensions and improvements thereto, constructed or under construc-
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tion, or at any future time constructed, which are useful or
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necessary or having a present capacity for future use in connection
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with the collection, treatment, purification and disposal of sewage
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of any nature or originating from any source, and shall include,
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but not be limited to, transmission and distribution facilities,
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treatment plants, wastewater and sanitary sewer collection,
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transmission pumping, reuse and disposal facilities of every kind
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3.1.a
and description whatsoever, including without limitation, all trade
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 any 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 additions, extensions and
improvements thereto constructed, under construction, or at any
future time constructed, or acquired as part thereof, 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 wellfields, 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, rights, easements and
franchises of any nature whatsoever relating to any such system and
necessary or convenient for the operation thereof.
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ARTICLE IT CP
EXHIBITS
2.1. There are attached to this Agreement as Exhibits "A"
through "E", certain lists and documents which contain information,
representations, and covenants of the County or City which are
integral and essential parts of the transaction described in this
Agreement, and are listed as follows:
Exhibit "A": Depiction of Authority Service Areas.
Exhibit "B": Initial schedule of Authority rates, fees or
other charges.
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 AUTHORITY
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 as 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 water and wastewater
system to ensure adequate future water supply and wastewater
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3.1.a
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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 provided 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
as said Authority Board may require or deem 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 any other indebted-
ness authorized by law, to pay all or part of the cost of such
construction, reconstruction, erection, acquisition 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,
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conduits or pipelines in, along or under any streets, alleys,
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highways or other public places or ways within the state or
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any municipality or public or political subdivision necessary N
for the purposes of the District.
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g.. To adopt a Uniform Extension Policy.
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h. To establish an annual budget, and to fix and 3
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collect rates, fees, impact fees, and other charges to persons
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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 'a
System or Wastewater System and to provide for reasonable
penalties on any users or properties 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.
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3.1.a
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a�or,
j . 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 therein, including
lands under water and riparian rights, and to acquire such
personal property as it may deem necessary in 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 for 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
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3.1.a
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promote, construct, accomplish, maintain, or operate any of `O
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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 under 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 ether matters relevant thereto or
otherwise necessary to ofEect 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-
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3.1.a
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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, in its own name
and such other powers as may be necessary or proper to carry
out the purposes of this Agreement.
S. To restrain, enjoin or otherwise prevent the viola-
tion of this Agreement or the powers of the Authority or any
resolution, rule or regulation adopted pursuant to the powers
set forth herein.
3.3. The Authority shall provide water and/or wastewater
services to the County and the City, and any other local govern-
mental entity that subsequently becomes a member of the Authority.
ARTICLE IV
AUTHORITY BOARD
4.1. The Authority shall be governed by an Authority Board,
which shall be comprised of five (5) members and such alternates as
are described hereinbelow, each of which must be a resident of an
area within the Service Areas of the Authority. Each member shall.
have one vote.
4.2. The County shall appoint two (2) members of the Authority
Board 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 County;
provided, however, that at least one of the appointments by the
11/7194, 2:07 pm
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3.1.a
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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
Board 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.
4.4. The four (4) members of the Authority Board appointed by
the County and the City shall then, by a simple majority vote,
appoint a fifth member of the Authority Board and one alternate
representative who may attend all meetings of the Authority Board
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 and the alternate for
that member, shall be a resident of that area within the District
located in Glades County. 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.
4.5. No member of the Authority Board may be an elected
official or employee of the governing body by whom the Authority
Board member is appointed. Irk the event an Authority Board member
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3.1.a
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becomes an elected official or employee of the governing body by c
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 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
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 members shall serve
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initial terms of four (4) years in duration. Thereafter, all.
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Authority Board members shall serve staggered terms of four (4)
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years in duration, or until such time as such Authority Board
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member's replacement has been appointed. In the event an Authority
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Board member resigns, or is unable to continue to serve, the Q
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balance of the term of that Authority Board member shall be filled
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in the same manner as prescribed in Section 4.2, 4.3 or 4.4 above, Q
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as applicable. The alternate for that Authority Board member shall. 0
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have the authority to vote until that Authority Board member has E
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been replaced as prescribed above.
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4.8. The alternates appointed in accordance with the foregoing
shall serve a term of two (2) years in duration, or until such time
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as such alternate's replacement has been appointed. In the event
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an alternate resigns, or is unable to continue to serve, the
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balance of the term of that alternate shall be filled in the same
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manner as provided in Section 4.2, 4.3 or 4.4 above, as applicable.
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4.9. Authority Board members shall serve without compensation,
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but shall be reimbursed for per diem and travel expenses as
provided in Section 112.061, Florida Statutes.
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4.10. Except as provided in Section 4.4 above, all decisions of
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the Authority Board shall require a four -fifths majority vote of
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the entire Board membership.
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4.11. The Authority Board shall elect the following officers,
who shall perform the following functions:
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a. A chairman, who shall preside at meetings of the
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Authority Board; sign as authorized by the Authority Board any
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contracts or other instruments which are deemed to be in the
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best interest of the Authority; and perform such other duties
incident to the office as may be prescribed by the Authority
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Board.
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b. A vice chairman, who shall act in the chairman's
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absence; and shall perform such other functions as the
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Authority Board may delegate from time to time.
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c. All officers shall be elected for a term of one
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year. If any officer shall cease to be a member of the
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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 shall be elected to
the same office for more than two (2) consecutive terms.
4.12. The Authority Board shall appoint an executive director
for the Authority, and prescribe the executive director's 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 work 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 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 Statutes, 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.
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4.15. The chairman, with the advice and consent of the
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Authority Board, may appoint such committees as may be deemed
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necessary to carry on the work of the Authority. Membership on
such committees need not be restricted to Authority Board members.
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4.16. Until Closing, the Okeechobee Utility Authority Working
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Group shall continue in existence, and shall perform the functions
3
of an advisory committee to the Authority Board during said time
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period. Members of the Okeechobee Utility Authority Working Group
shall be eligible for appointment to the Authority Board, unless
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otherwise disqualified under the provisions of this Article.
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4.17. The Authority Board shall cause to be made at least once
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each year a comprehensive report of its activities, including all
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matters relating to rates, revenue, expenses of maintenance, repair
and operation, renewals and capital replacements, principal and
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interest requirements, and an audited annual financial statement.
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Copies of such reports shall be forwarded to the County and the
City, and shall constitute a public record.
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ARTICLE V
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INTERIM OPERATIONAL AGREEMENTS
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5.1. After execution of this Agreement, the Authority shall
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enter into Interim Operational Agreements with the City and OBWA,
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for the purpose of continuing the operation of the City Utilities
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and OBWA Utility within their current respective Service Areas
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until Closing.
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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 OBWA concerning the
location of line extensions, and other related matters.
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".
6.2. Except as otherwise provided on Exhibit "B", 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:
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 sufficient 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
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become due, and reserves therefor, and to provide a margin of
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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
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 shall 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 plumbing 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
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
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3.1.a
BUK 300 PAck 170 5
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 adjourned 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 charges 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,
fees or charges may be made in the same manner as such rates,
fees or charges were originally established as hereinabove
provided.
e. The same rates, fees and charges shall be fixed and
collected from any county, school district or other political
subdivision using the services and facilities of the Water
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3.1.a
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System or Wastewater System, or both, as are fixed and
collected from other users of such facilities in the same
class, unless such governmental entities are exempt from
payment of such rates, fees or charges under Florida law. No
free whter or wastewater services shall be rendered by the
Authority and no discrimination shall exist in the fees, rates
and charges for users of the same class. The Authority may
not provide service to any user 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,
unless otherwise provided under Florida law. 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 such service charge shall not be paid as
and when due and shall be in default for 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 in a civil action, and any such
11/7/94, 2:07 pm 23
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3.1.a
BGGK 360 ml l � 11�
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.
g. The Authority shall also establish a uniform policy
concerning the termination of water service for nonpayment of
fees, rates or charges as specified above.
ARTICLE VII
BUDGET AND FUNDING
7.1. The fiscal year of the Authority shall be the same as the
fiscal year of the County and City.
7.2. The initial budget 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 Operational 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
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3.1.a
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 Authority 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 obtained from the South
Florida Water Management 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 front time to time from
additional sources.
ARTICLE VIII
CURRENT UTILITY EMPLOYEES
8.1. It is the intent of the parties hereto for the Authority
to acquire at or before Closing the City Utilities and OBWA
Utility, and to offer continued employment to those employees of
the City and OBWA engaged in the operation or maintenance of said
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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 IX
ADMISSION OF NEW GOVERNMENT MEMBERS
9.1. Admission of any new member counties, cities or other
governmental entities, to the Authority shall require a four -fifths
majority vote of all members of the Authority Board.
ARTICLE X
MASTER TRANSFER AGREEMENT
10.1. The parties hereto recognize and acknowledge 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 simultaneously at
Closing.
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
11/7/94, 2:07 pm 2 6
Packet Pg. 30
3.1.a
BUK
Okeechobee Beach Franchise Agreement, including the 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 Utilities, and all of the
liabilities pertaining thereto.
ARTICLE XI
TERMINATION OR WITHDRAWAL
11.1. 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
responsible for any financial or contractual obligations 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
11/7/94, 2:07 pm 27
CPacket Pg. 31
to have been dissolved as of the effective date of said withdrawal,
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 Master Transfer Agreement.
ARTICLE XII
AMENDMENTS TO INTERLOCAL AGREEMENT
12.1. This Agreement may only be amended by the proper
execution of an Amendment hereto by the official action of the
local governments executing this Agreement, during such time as
they remain subject to the terms and provisions hereof.
ARTICLE XIII
EXECUTE IN COUNTERPARTS
13.1. This Agreement may be executed in counterparts, and each
fully executed counterpart shall be deemed an original.
ARTICLE XIV
SEVERABILITY
14.1. Any determination by a court of competent jurisdiction
that any provision of this Agreement is illegal, void, or un-
enforceable, shall not adversely affect the enforceability of any
other provision of this Agreement, unless the provision determined
to be illegal, void or unenforceable, is a provision relating to a
significant item of consideration for the benefit of a party
hereto.
11/7/94� 2:07 pm
Packet Pg. 32
3.1.a
OR
3GO PuE l I 1 r'
ARTICLE XV
LAWS GOVERNING INTERPRETATION
15.1. This Agreement shall be controlled and interpreted
according to the laws, rules and regulations of the State of
Florida. ,
ARTICLE XVI
BINDING AGREEMENT AND ASSIGNMENT
16.1. This Agreement shall be binding upon and shall inure to
the benefit of the parties hereto, their respective assigns and
successors by merger, consolidation, conveyance, or otherwise.
ARTICLE XVII
NOTICES
17.1. Any notice required or allowed to be delivered hereunder
shall be in writing and shall be deemed to be delivered when either
(1) hand delivered to the official hereinafter designated, or
(2) when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to a party at
the address set forth below, or at such other address as the party
shall have specified by written notice to the other party delivered
in accordance herewith:
11/7/94, 2¢07 pm
County:
Okeechobee County
Office of the County Administrator
304 N.W. Second Street, Room 106
Okeechobee, Florida 34972
29
0
0
Packet Pg. 33
3.1.a
City:
OR
960 PAG1111 �
City of Okeechobee
Office of City Administrator
55 S.E. Third Avenue
Okeechobee, Florida 34974
ARTICLE XIII
ENTIRE AGREEMENT
18.1. This Agreement supersedes any and all previous agreements
or representations, either verbal or written, heretofore in effect
between the parties, made with respect to the matters herein
contained.
ARTICLE XIX
AFFIRMATION
19.1. The City hereby aff irms that, at a duly constituted
meeting of the City Council of the City of Okeechobee, Florida, on
the day of Lif �_r_'.. /L.`C ".' -' , 1994, it approved the terms of this
Agreement and the execution thereof by the City.
19.2. The County hereby affirms that, at a duly constituted
meeting of the Board of County Commissioners of Okeechobee County,
Florida, on the 1' ;�dt_ day of ° 1lr _lf .,+.; , , 1994, it approved the
terms of this Agreement and the execution thereof by the County.
ARTICLE XX
FILING
20.1. Upon execution of this Agreement, and any subsequent
amendments thereto, this Agreement and such subsequent amendments
11/7/94, 2 M pm 30
Packet Pg. 34
3.1.a
GUK 11 ��� E'hGE1
shall be filed with the Clerk of the Circuit Court of Okeechobee
County, Florida.
ARTICLE XXI
EFFECTIVE DATE
21.1. This Agreement shall be deemed effective immediately upon
its execution by all parties, and filing pursuant to law.
IN WITNESS WHEREOF, the County and City have executed this
Agreement on the day and year first above written.
ATTEST:
Deputy Clerk
ATTEST:
c:\mdm\20121dJAa
11/7/94, 2:07 pm
BOARD OF COUNTY COMMISSIONERS OF
OKEECHOBEE COUNTY, FLORIDA
By
Chairman
APPROVED AS TO FORM AND LEGAL
CITY COUNCIL OF CITY OF
OKEECHOBEE, FLORIDA
By_o"-'� ?--- '�'
M
APPROVED AS TO FORM D LEGAL
SU� ENCY
Okeechobee City Attorney
31
Packet Pg. 35
W
W
3.1.b
FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTH ITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA.
f,, o
FIRST AMENDMENT TO INTERLOCAL AGREEMENT, made and
04
entered int-o _D—day of 1997, by and between the Board of County
CommissionersSOkeechobee County, Florida, a political subdivision of the State of
Florida, hereina referred to as "County," and the City Council of the City of
Okeechobee, Florid' ",, unicipal corporation existing under the laws of the State of
Florida, hereinafter refd t9 as "City."
WITNESSETH:
WHEREAS, the Coun"Y.a d he City previously entered into that certain Interlocal
s
Agreement dated November 10, (]�14, whereby the Okeechobee Utility Authority was
created; and C_�l
WHEREAS, the Okeechobee (IJ+ Authority has requested the County and the
City to amend said Interlocal Agreement.
NOW, THEREFORE, for and in consideration of the premises and mutual
agreements hereinafter set forth, the County and the City hereby agree that said Interlocal
Agreement is hereby amended as follows:
Paragraph 7.3 of ARTICLE VII - BUDGET AND FUNDING - is amended to
provide:
7.3. By May 1, 1995, and by May 1, 1996, and by September 1st of
each year thereafter, -the Authority Board shall adopt, by budget resolution,
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3.1.b
its tentative annual budget for the ensuing fiscal year, and shall forward copies
of said tentative budget to the County and to the City.
° AFFIRMATION
hereby affirms that, at a duly constituted meeting of the Board of County
Commissi'67 of Okeechobee County, Florida, on the 10ttday of April . 1997, it
approved the(PE.,w of this First Amendment to Interlocal Agreement and the execution 7t
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thereof by the o
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BOARD OF COUNTY COMWS�I01TERS OF
OKEECHOBEE C ,.FIRIIJA
By
Ch
The City hereby affirms that,r� constituted meeting of the City Council of the
City of Okeechobee, Florida, on the 11 tFjay of November , 1996, it approved the terms of
this First Amendment to Interlocal Agreement and the execution thereof by the City.
• .' M I • •
• •I ••1�
ATTEST: By
py
City Or
Book610/Page66
CFN#2006015254
PrIPC1Packet Pg. 37
(4wll�l 111.
3.1.b
SECOND AMENDMENT
TO
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
�•�> AND THE CITY OF OKEECHOBEE, FLORIDA.
T��SECOND AMENDMENT TO INTERLOCAL AGREEMENT, made and
entered into_*s Lb day of January . 199% by and between the Board of County
Commissioned Qi Okeechobee County, Florida, a political subdivision of the State of
Florida, hereinaf>referred to as "County," and the City Council of the City of
Okeechobee, Florid�04 municipal corporation existing under the laws of the State of
Florida, hereinafter ref` _d to as "City."
WITNESSETH:
WHEREAS, the Coun£j+�` ad the City previously entered into that certain Interlocal
Agreement dated November 1V 1994, whereby the Okeechobee Utility Authority was
created; and
am(
WHEREAS, the Okeechobcill 'Authority has requested the County and the
City to amend said Interlocal Agreement.
NOW, THEREFORE, for and in consideration of the premises and mutual
agreements hereinafter set forth, the County and the City hereby agree that said Interlocal
Agreement is hereby amended as follows:
Paragraph 4.7 of ARTICLE IV - AUTHORITY BOARD - is amended as follows:
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
Y
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BOOk610/Page67 CFN#2006015255 Pr' Qy`� Packet Pg. 38
(4111,
3.1.b
Authority Board members shall serve initial terms of four (4) years in
duration. Thereafter, all Authority Board members shall serve staggered
of four (4) years in duration, or until such time as such Authority Board
replacement has been appointed. The term of any Authority Board
appointed during or after the year 1996 shall expire on March 1 at
of the fourth year of the term. In the event an Authority Board
or is unable to continue to serve, the balance of the term of �
that Authbrily Board member shall be filled in the same manner as prescribed
in Section '4�.4.3, or 4.4 above, as applicable. The alternate for that
Authority Boar"gmber shall have the authority to vote until that Authority
3 1'v
Board member h eO, replaced as prescribed above.
V�?� AFFIRMATION
The County hereby '" ) at, at a duly constituted meeting of the Board of County
Commissioners of Okeechobee Cbli//uty, Florida, on the 10thday of April . 1997, it
approved the terms of this Second 1ement to Interlocal Agreement and.the execution
thereof by the County.
BOARD OF COUNTY CCI�10�5IONEIfS.t
OKEECHOBEE
By
iAj1.Y7
Clerk •''
BOOk610/Page68 CFN#2006015255 Pr
PVE�-Zj Packet Pg. 39
( 3.1.b
The City hereby affirms that, at a duly constituted meeting of the City Council of the
City f Okeechobee, Florida, on the 5th day of JmMmY , 1997, it approved the terms of
t$s nd Amendment to Interlocal Agreement and the execution thereof by the City.
�'��� O
CITY COUNCIL OF CITY OF
OKEE B FLORIDA
A'rrEszi�'r'
By
City Perk
C l
' r
By
Mayo
Book610/Page69 CFN#2006015255 Pr`�ag Packet Pg. 40
- i
3.1.b
3
THIRD AMENDMENT
>
TO
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INTERLOCAL AGREEMENT
2
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
o
AND THE CITY OF OKEECHOBEE, FLORIDA.
Q
THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT, made and entered
0
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into this 8th day of March . 2007, by and between the Board of County
o
Commissioners of Okeechobee County, Florida, a political subdivision of the State of Florida,
Q
hereinafter referred to as "County," and the City Council of the City of Okeechobee, Florida, a
o
municipal corporation existing under the laws of the State of Florida, hereinafter referred to as
a
c
"City."
L
WITNESSETH:
WHEREAS, the County and the City previously entered into that certain Interlocal
E
Agreement dated November 10, 1994, whereby the Okeechobee Utility Authority was created; and
a
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WHEREAS, the Okeechobee Utility Authority has requested the County and the City to
O
amend said Interlocal Agreement.
NOW, THEREFORE, for and in consideration of the premises and mutual agreements
a
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hereinafter set forth, the County and the City hereby agree that said Interlocal Agreement is hereby
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amended as follows:
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Paragraph 3.2 d of ARTICLE CREATION OF UTILITY AUTHORITY - is amended
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as follows:
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3.2. The Authority shall have the following powers:
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the methods for establishing and collecting such non -ad valorem assessments set
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forth in Chapters 125, 153, 166, and 170, Florida Statutes, provided however, the
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Authority shall furnish no less than sixty (60) days' written notice to Okeechobee
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County and to the Citf Okeechobee in advance of the effective date of any special
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non -ad valorem assessment levied and assessed on benefitted properties within
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Okeechobee County, including those benefitted vroperties lying within the City of
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Okeechobee. The Authority may collect non -ad valorem assessments utilizing
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3.1.b
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.
AFFIRMATION BY COUNTY
The County hereby affirms that, at a duly constituted meeting of the Board of County
Commissioners of Okeechobee County, Florida, on the S day of M''aC'C.%, , 2007, it
approved the terms of this Third Amendment to Interlocal Agreement and the execution thereof by
the County.
ATTEST:
By. 04,
Clerk
SHARON ROBERTSON, CLERK
BOARD OF COUNTY COMMISSIONERS OF
OKEECHOBEE COUNTY, FLORIDA
By
Ch ' an
(SEAL)
AFFIRMATION BY CITY
The City hereby affirms that, at a duly constituted meeting of the City Council of the City of
Okeechobee, Florida, on the lAt day of 2007, it approved the terms of this
Third Amendment to Interlocal Agreement and the execution thereof by the City.
CITY COUNCIL, OF CITY OF
OKE 0 E, FLO:: rG A
ATTEST: By f..-- 2
�X Q,�q ayor
By
City Jerk
(SEAL)
Processed C&
Packet Pg. 42
Lane Gamiotea
From: Lane Gamiotea
Sent: Friday, May 19, 2017 2:09 PM
To: Dowling Watford -Work Email(dowlingwatford@okeechobeeford.com); Noel Chandler
(captchandler2002@yahoo.com)
Cc: City -Bobbie Jenkins (bjenkins@cityofokeechobee.com); Marcos Montes De Oca; City -
Robin Brock
Subject: Joint Sub -Committee Meeting
Attachments: doc07309120170519140224.pdf
Mayor and Council Member Chandler,
Attached is a copy of a legal notice in today's Okee News, after a few calls Marcos was able to get confirmation that this
workshop is for the Joint Sub -Committee.
I wanted to make sure you both were aware of this meeting.
I am required to post all of your meetings on the bulletin board at city hall and our website, so if you could share when a
meeting schedule is established that will be helpful.
We can print copies of the agenda's, materials, and minutes from the county website for the files; unless you want to
forward copies of any materials you receive ahead of time.
Please also remember to save, or print, or forward to me to retain, any emails or text messages you receive on this issue
while serving on the Sub -committee.
It's not necessary for me or the Deputy City Clerk to attend these meetings to take minutes, my understanding is this
sub -committee will be treated the same as other boards you all are appointed to a liaisons (unless the Mayor would
prefer that one of us attend, then we certainly will).
Thank you!
Lane Earnest-Gamiotea, CIVIC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue, Okeechobee, FL 34974
Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345
4
F
} C .t.
PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not
want your email address released in response to a public records request, do not send electronic mail
to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076
CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most
written communications to or from local officials regarding city business are public records available
to the public and media upon request. Your e-mail communications may therefore be subject to public
disclosure.
I.-PIvlvIjIvI r I rI6Io
:a3MSNV
1 public auction of stored personal property from Okeechobee Store-N-
_ock to be conducted at the following locations in Okeechobee, FL: WEST
• 2701 Hwy 70 West; NORTH - 3050 SW 3rd Terrace; and SOUTH -
14129 Hwy 441 South. The auction will be held to pay unpaid storage fees
pursuant to the Florida statutes, Section 83.806). Public Auction to be held
m June 3, 2017 beginning at 9:OOAM at the WEST location. We will then
)roceed to the NORTH location and end at the SOUTH location. All pay-
nents must be made in full, CASH ONLY, by the date/time of auction.
NE;iI
IERRIMY WELLS, Unit # 6-24
TAMES BROWN, Unit # 7-43
IORTH
ELIZABETH WOODRUFF, Unit # N0100
;OUTH
>HANNON FLETCHER, Unit # 14
NICHAEL DAVIS, Unit # 113
180771 ON 5/19,26/2017
INVITATION TO BID
-he Okeechobee County School Board will receive sealed bids for:
-itle of Project: Lawn Care Services at Osceola Middle School Fields
Osceola Middle School 825 SW 28th Street
Okeechobee, FI. 34974
)caner: Okeechobee County School Board
700 SW 2nd Avenue
Okeechobee, A. 34974
landatory Pre -Bid Meetina:
Place: Osceola Middle School
(Bus loop on east side of campus) Time: 3:00 PM
Date: Friday, May 26, 2017
lid Opening: Place: Okeechobee School Board Operations Office
938 NW 34th Street
Okeechobee, FL 34972
Time: 9:00 AM
Date: Friday, June 2, 2017
roiect Description•
rovide Lawn Care Services, including mowing, edging, hedging, and grass'
'imming in specified areas. June 15, 2017 will be the contract start date.
rocuments:
11 work shall be done in accordance with the plans, specifications, bidding
nd contract documents relative thereto as prepared by the Okeechobee
aunty School Board.
10cuments may be secured by contacting:
rian Barrett
irector of Operations
38 NW 34th Street Okeechobee, FI. 34972
hone:(863)462-5083 FAX: (863)462-5166
arr okee.kl2.fl.us
,keechobee County School Board
807162 ON 5/19/201r, Ken j' Superintendent
Time to clean out the
attic, basement and/or
garage? Advertise your
yard sale in the classi-
fieds and make your
clean up a breeze!
PUBLIC NOTICE
Notice of an OUA Workshop on the Inter -local Agreement, (City
Council, BOCC & OUA Board) on Wednesday, May 24, 2017 at 5:30
p.m. in the "Judge William L. Hendry Courtroom", room 270, at 304 N.W.
2nd street Okeechobee, Florida.
In accordance with the Americans with Disabilities Act, persons with
disabilities needing special accommodation to participate in this proceeding
should contact the County Administrator's Office not later than four (4)
working days prior to the proceeding at 304 N.W. 2nd Street, Room 123
Okeechobee, Florida 34972, or call 863.763.6441. If you are hearing or
voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY).
Terry W. Burroughs, Chair
Board of County Commissioners
Okeechobee County, Florida
Sharon Robertson, Clerk
Board of County Commissioners
!echobee County, Florida
Paula Poskon/ Deputy Clerk
587 ON 5/19/2017
PUBLIC NOTICE
The Okeechobee County Board of County Commissioners will hold a
Regular Session on Thursday, May 25, 2017 at 9:00 a.m. in the
"Judge William L. Hendry Courtroom" at the Historic Courthouse, 304 N.W.
2nd Street, Okeechobee, Florida.
Any person deciding to appeal any decision made by the Board of Count
Commissioners with respect to any matter considered at this meeting will
need a record of the proceedings, and that, for such purposes, he or she
will need to ensure that a verbatim record of such proceedings is made,
which record shall include the testimony and evidence upon which the ap-
peal is to be based.
In accordance with the Americans with Disabilities Act, persons with
disabilities needing special accommodation to participate in this proceeding
should contact the County Administrator's Office not later than four (4)
working days prior to the proceeding at 304 N.W. 2nd Street, Room 123
Okeechobee, Florida 34972, or call 863.763.6441. If you are hearing or
voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY).
Terry W. Burroughs, Chair
Board of County Commissioners
Okeechobee County, Florida
Sharon Robertson, Clerk
Board of County Commissioners
Okeechobee County, Florida
/s/ Paula Poskon/ Deputy Clerk
480528 ON 5/19/2017
Lane Gamiotea
From: dowlingwatford@okeechobeeford.com
Sent: Friday, May 19, 2017 2:12 PM
To: Lane Gamiotea
Subject: RE: Joint Sub -Committee Meeting
Sorry I did not realize ya'II were "not in the loop". I don't think you need to attend.
Tks,
DW
-------- Original Message --------
Subject: Joint Sub -Committee Meeting
From: Lane Gamiotea <Iamiotea@cityofokeechobee.com>
Date: Fri, May 19, 2017 2:09 pm
To: "Dowling Watford -Work Email (dowlingwatford@okeechobeeford.com)"
<dowlingwatford@okeechobeeford.com>, "Noel Chandler
(captchandler2002@yahoo.com)" <captchandler2002@yahoo.com>
Cc: Bobbie Jenkins <bjenkins@cityofokeechobee.com>, Marcos Montes De Oca
<mmontesdeoca@cityofokeechobee.com>, Robin Brock
<rbrock@cityofokeechobee.com>
Mayor and Council Member Chandler,
Attached is a copy of a legal notice in today's Okee News, after a few calls Marcos
was able to get confirmation that this workshop is for the Joint Sub -Committee.
I wanted to make sure you both were aware of this meeting.
I am required to post all of your meetings on the bulletin board at city hall and
our website, so if you could share when a meeting schedule is established that
will be helpful.
We can print copies of the agenda's, materials, and minutes from the county
website for the files; unless you want to forward copies of any materials you
receive ahead of time.
Please also remember to save, or print, or forward to me to retain, any emails or
text messages you receive on this issue while serving on the Sub -committee.
It's not necessary for me or the Deputy City Clerk to attend these meetings to
take minutes, my understanding is this sub -committee will be treated the same
as other boards you all are appointed to a liaisons (unless the Mayor would prefer
that one of us attend, then we certainly will).
Thank you!
Lane Earnest-Gamiotea, CIVIC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3`d Avenue, Okeechobee, FL 34974
Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345
PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you
do not want your email address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by phone or in writing. Florida
Statute 668.6076
1
CITY OF OKEECHOBEE — JOINT WORKSHOP WITH BOCC & OUA
MARCH 30, 2017 Minutes taken during the meeting by L. Gamiotea
CALL TO ORDER: BOCC Chair Terry Burroughs called the Joint Workshop to order on March 30, 2017, at 6:00
P.M. Meeting located 1750 Highway 98 North Okeechobee, Florida 34972.
CITY COUNCIL ATTENDANCE:
Mayor Dowling R. Watford, Jr. - Absent
Council Member Noel Chandler - Present
Council Member Monica Clark - Present
Council Member Mike O'Connor - Present
Council Member Gary Ritter - Present
City Attorney Cook - Absent
City Administrator MontesDeOca - Present
City Clerk Lane Gamiotea - Present
BOCC ATTENDANCE:
Chairperson Terry Burroughs — Present
Commissioner Culpepper — Present
Commissioner Owens - Present
Commissioner Hazellief - Present
Commissioner Goodbread — Present
County Attorney John Cassels - V141i -t
County Admin Robbie Chartier - Present
Deputy Clerk Jeff Shain - Present
COMMENCEMENT:
Prayer led by Culpepper and Pledge led by Goodbread
II. PUBLIC COMMENT
liiX 0 0 1111IL 17_1
OUA ATTENDANCE:
Steve Nelson — Present @7:05
Tommy Clay - Present
Alt Jeff Fadley - Absent
Michael Myers - Present
John Creasman - Present 0 hV)Lck-
Alt Derek Termain - Present
Melanie Anderson - Present
Alt Harry Moldenhauer - Present
Attorney Tom Conely - Absent
Exe Director John Hayford - Present
Secretary Kristy Hamblen - A u ,-, j, t
1. Joint Workshop to discuss Interlocal Agreement — Robbie Chartier
Terry — purpose is not to do away with the OUA board but to creat a more working atmosphere between all 3 boards, we
need to connect not just communicate.
County Discussion Items:
On pg 6 of the interlocal OBWA shall mean the ..... Status of the corporation indicates inactive on sunbiz and was
dissolved augu 1996. Is it still applicable today?
Clay, that's mostly in Glades County and is approximately 1600 customers, history of it being the service area.
Noel, that's correct, the orginal service area.
Concenus by all parties to remove this wording.
2. Pg 14
Is this still applicable? No concensus
3. Pg 15, 4.4 is this still applicant today? Yes. But can reword OUA service area of Glades County.
4 . Not specific to the interlocal agreement, discussion regarding
Terry want to see Ex Director give at least quarterly updates to the BOCC and City.
Noel either Chair or a member of the board, not necessarily the Director.
Terry suggest is be an agenda item before the 2 boards, not a separate meeting.
Gary clear up you mean go before the BOCC and CC on quarterly basis not meanting with City Council Admin.. Terry
correct.
Clay
Kelly think better when chair of board or board member is better since you are speaking for the board.
Terry anything going to deal with the city or county and any matters OUA is dealing with.
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Clay we voted one tiem to move meetings to the county meeting rooms, then voted back down. Like to see either cameras
at our place or go to the BOCC. Transparency there and if any questions you'd be able to see what took place.
Culpepper, good idea better for people, clear up confusion.
Kelly glad to hear you say that for transparency, we have the means at the BOCC and you are a quasi-judical and to be
able to hear verbatim what people said.
Terry back at hand, still think you need to come to both elected boards for quarter updates. Its great if you want to use our
meeting chambers, but still come before the group. Problems OUA experiencing, projects going on, etc.
*Terry speak into the micro phones so everyone can hear us.*
Does the OUA has a strategic 3-5 year plan?
Clay we had one, but it needs to be revised greatly, tanks replaced, doing some infills, Basswood, the Plan has changed
because things have changed.
Terry that would be something we would like to see updated and kept updated.
Noel we asked for that years ago.
Clay 3 year is more realistic.
Noel it takes along time to get a grant.
Terry City okay with at least a 3 year plan? Clark, Mike, Gary if a 3 year plan works for them then yes. Want to go back to
the OUA come to the City, if we put them on the agenda then 2 way street, we should also provide feed back to them of
things we are doing that could be of help to them. Water quality issues that all 3 entities are going to be dealing with and
those types of things and this si the perfect opportunity to deal with those issues as well and already have the ball rolling.
Mike think 3 year plan is most realistic.
John C we update the plan every year for that year, but may be time to look at updating it more with 3 years out.
Clay have a small purse to work with so have to be careful.
Terry what ideas do you have for expanding your purse? We have some suggestions on infill. For example the chamber in
the center of town is still on septic tanks.
John C continue to pressure the county to require mandatory hook up. Maps for growth but no funds to put the infrastrure in.
Terry mandatory in areas only available. Yes.
Clay if we can have these meetings and focus on where we are trying to grow so the people we hook up can pay the rates
to be hooked up. We already have $34 million in debt now, start 1 of these big projects, we raise our rates to grow, have to
be careful on SP on how to do that, we're in a low income area we all know that. Okee Tantee for just the pipes $j
hooked in the system $11 million, have to tip toe with everybody to make sure if we do go in an area they can afford it and
get everyone hooked up.
Terry get in touch with Peter O'Brian in IR, innovation. Basswood areas connection fees, use same as satalite TV, they use
to
John C we have lowered the connection fees by 75%.
What is connection fee water and sewer total $2500 and that's been reduced by 75%.
Bryant, that's info that needs to get out, by the time customers add up what they are putting out to soften their water
compared to cost to connect they would look at it differentl.
Clay weve been accused of being the water mafia, water nazi. Use to be over $60 million in debt due to connections that fail
through. When you look at the area for example of Basswood, they cannot afford to pay the water and sewer rates let along
the connection fees spread out to pay it as well. Have to look at all that when looking as expanding and infill.
Gary any way to take a look at 'low hanging fruit' affordable to people to hook up, neighborhood I live in now I'm on OUA
water and sewer, but my neighbors to the North are not.
Clay, I live behind LC Fortner and I don't have it and my son lives next to me and he doesn't have it. WE have to look to see
what it costs to run those lines.
John C have to look at it on a case by case, we have the maps that show where the lines are but don't know.
Clay right and if you look at the price to lay the pipes and what it will allow for connections, we just recently asked for that
information.
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Terry so that goes into the mandatory connection.
Monica I use to be on the OUA and it use to be on there to require mandatory hook ups, took out because of the
connectivity fees. People couldn't afford the connection fees, then payment plan. But were talking about some areas where
they cant afford it. We use to have bond issues that would not allow OUA board to provide payments of the connection fees.
John C eating a lot of expense right now with people building on 1 street.
Clay business decision ran a 6 inch line instead of 2 inch those kind of things we can do but some others we cant. One point
$100,000 house, 8 to 10% was hook up fees.
Bryant water quality issues, if we all work together and address with the state a pool o fmoney from them instead of
speading it on buying land south of the lake, use those funds to fund the infill of getting items off septic and especially areas
in Treasure Island and Taylor Creek.
Terry, get back to mandatory hook up. Is the city for this.
Mike not found of the word mandatory period, not for it, understand their problem, just government telling me we got to do it.
Noel, in 1995 it was mandatory.
Monica I don't think were going to work of we don't put it as mandatory hook ups. My business is still septic and its on North
Parrott.
Bryant when you talk about qualifty of life and water is essencial for everyone, just like fire nd police don't want to make
decisions that effect impact on the future and on the elections. It does play a part. You've got to have a mechanism to have
people hook up.
Terry, so Tommy and John prudent to devise a plan for areas that would be able to hook up. Come to the BOCC and CC
with the plan and with the connection fees to be able to add them. If voted down that's fine but to show you have a plan and
the costs.
Clay we feel like we sti on an island, Mike doesn't' agree, he'll have to get on board, its going to be a multi billion plan to get
our foot in the door. $22 million will only cover the infrastructure.
Terry, go back and create a plan to bring worth and at least wed have something to review and consider for each elected
body.
John C .... We go to the expense for infractrure for a project and then they don't hook up.
Terry that should be handled with the developers agreement. For example when a subdivision is considered, we need to be
able to show what the costs are going to be.
Terrry revisit what Culpepper said, there is a " " some appropriatetions already, were going to be following it *B Map
Program* we don't want to be the lone wolf and not have a plan to get our community off the septic tanks. Talked with
Coastal areas, they are getting lots of money to get those areas off septic, don't want to be 9 years down the road and still
arguing about mandatory hook ups and the money from the State all went to the coast and we still don't have a plan in place
to look at.
Clay ..... $ money spent on Treasure Island to date.
Terry long talke with John H and Rep about treasure island, pine ridge,
Clay we go about 2 minutes with Negrons office that was a waste of time
Terry, Senator is the Appropriations Chair.
Harry si there anything you could use from us to put in?
Terry its too late to add things in we're just following up on items already submitted by JH.
Terry bring the infill proposal, costs, plan to show where and when then we can show this is what were trying to do and
show the plan to get it off.
Gary, think extremely important, community goingto be faced with certain storm water projects and agree with Terry, the $$j
oingto be fought for and so much is going to go to the IR estuaries, we're going to have to show face and get in there and
try to get the funds in there.
Culpepper if you dotn have mandatory hook up the plan wont matter.
Terry that's all part of the plan were asking the OUA to put together. Then each BOCC and CC can say yes or no.
Gary people don't like the word mandatory but at some point DEP is going to do it so might as well.
Goodbread what about if you put it on the ballot for the voters.
Terry, were going to look at it for mandatory in certain areas so cant put it on ballot for all when only effecting areas.
We only want to focus 1st on areas that we already have the pipes, infill. Basically do mandatory based on the specific area.
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Clay each on its own merits then projects with costs and get money back ro available then can do another project. So it
would be multiple stages.
John C
Culpepper what about some type of sales tax to fund these projects?
Terry, sales tax is now 7%, to go 8% would require a referendum. That is something the BOCC would have to consider.
Robbie, best way to sale that is by having the plan to show what it is funding and for how long it would be required.
Terry, something to look at but in the short time we need them to come up.
Mike old East Okee you start taing them and I don't want to go back and campaign.
Terry
Mike where Frank Altobello lived wanted lift station.
Terry all those particular issues, don't want to have all the money go to the Coast and were still over here trying to come up
with a plan.
Terry, does the City have any other items?
BOCC any others? Kelly discussion on Bet Her Acres project, OUA project completed, but County not satisfied with
John C my understanding that Robbie and JH are going to handle this, lets give them a chance to deal with this so there is
no more conflict.
Steve Nelson, I tell them its supposed to be put back better.
Robbie we have a meeting scheduled and putting the process together.
Terry and could that be shared with the City ? the process?
Marcos and we need to sit down with JH, if you have new construction and maintenance and have a written document for
the process.
Clay it needs to be a process done, everytime, who ever didn't do it they be help accountable. Suggest MDO get with JH
and get it done.
David lets get this further, just getting to John H doesn't' work, yoru Exe Director has to work for the Board. Our Admin
sends him a concern it needs to be brought up with the Board and not swept under the rug. Pine Ridge almost got ugly.
When either Admin sends an issue to the JH, the Board better be informed.
Clay and we discussed that at the special meeting, we're working on that and getting a policy and procedures
April 11. Can we use the BOCC chambers? Robbie available will have to work out work schedule with Jeff. We are working
on the policy of holding the exe dire managing projects and reporting to the OUA board.
Mike like for you to do something with your policies so we don't have another Aldi's again.
John C what specifics on that we thought it was smooth once we go going.
Culpepper part of the elected officials decisions are hard, have to make tough decisions, it's the right thing to do for the next
generation.
Terry to support what Mike said, at the end of the day you guys got it done but it was rough to get there, from an Executive
stand point of Aldi's it was tough, it could have back fired. Know you've made some changes and hope they implemented.
Terry will get info from IR to see if they can be used byb the OUA.
Monica everyone remembers what it was like and I had no idea the connection fees were reduced that much and to let
people know this information they could quite possibly connect.
Terry you have to broadcast things that are good.
OUA issues items.
John C Quorum issue needs to be addressed, has tied our hands a couple of times.
Kelly can you share the purpose of that? John C my understanding is to keep either side from stacking the deck.
Kelly and how has that changed?
Steve we're not a political board theres never been a stacked side.
John C Compensation for board members
Clay if some of us hadn't reupped there wouldn't have been anyone.
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Noel we discussed one time at least $100/month.
Terry, why not put in y
Sub committee to revise the interlocal.
John Cassels consensus tonight, will have to be in the sunshine. BOCC have an agenda item and City Council agenda
item.
Terry BOCC and City Council and OUA each pick 2 people. Pick 1 out of each organization. Then set in place the lead
person to set the time and place of the meetings.
Clay prefer 2
Gary prefer 2
Would be in the sunshine.
Subcommittee will be look at the amendments to the interlocal agreement.
Noel heard that the voting board the alt can make a motion and second.
Kelly do you have bylaws in place and what rules.
Clay yes but its nto Roberts rules.
David highly suggest you all use Roberts Rules of Order.
Noel someone better be on
Kelly it needs to be agreed upon and operated on.
Clay
John H none
Marcos nothing
John C nothing
Robbie nothing more
Clay this board is not political, I am appointed by the city but I look out for the rate payers and do whats best for the OUA as
a whole.
Gary think this was good to gether. Mentioned to all as a group get together maybe lets do this bi annually.
Kelly great idea, if board member coming quarterly and all bi-annually thank great idea.
Cassells no problems with setting a date for a future meeting .
Terry what about after 60 days?
Consdier another workshop after the sub committee gets together and is ready to give their recommendations.
Melanie all work together and work on educating the public on what each are doing.
Culpepper we work for the tax payers and this is great to all get on the same page.
IX. ADJOURNMENT -
There being no further items on the agenda or discussion Burroughs, adjourned the meeting at 7:44 P.M.
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