1995-07-18b 13
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Meeting to order on July 18, 1995 at 7:00 p.m.
B. Invocation offered by Reverend John Hart;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council Attendance:
Mayor James E. Kirk
Councilmember Noel A. Chandler
Councilmember Michael G. O'Connor
Councilmember Robert Oliver
Councilmember Dowling R. Watford, Jr.
Staff Attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
D. Motion to dispense with the reading and approve the Summary of
Council Action for the regular meeting of June 20, 1995 and the
special meetings of June 27 and July 11, 1995.
Mayor Kirk called the regular meeting to order on July 18,1995 at 7:00 p.m.
Councilmember Watford offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Absent
Present
Present
Present
Councilmember O'Connor moved to dispense with the reading and approve the
Summary of Council Action for the Regular Meeting of June 20, 1995 and Special
meetings of June 27 and July 11, 1995; seconded by Councilmember Watford.
KIRK
CHANDLER
O'CONNOR
OLNER
WATFORD
MOTION CARRIED.
PAGE 1 OF 9
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E. Motion to approve Warrant Registers for May, 1995:
GENERAL FUND ....... $230,600.21
PUBLIC UTILITIES ...... $382,013.32
JULY 18, 1995 - REGULAR MEETING - PAGE 2 OF 9
Councilmember Watford moved to approve the Warrant Registers for May, 1995 in the
amounts: General Fund - two hundred thirty thousand, six hundred dollars, twenty-one
cents ($230,600.21) and Public
blS Utilities Fund - three $382,013.32); seconded btlred Counlgiimem berh0l vend,
thirteen dollars, thirty-two
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL Mayor Kirk asked if there here were Hone were any requests for the addition, deferral or withdrawal of
OF ITEMS ON TODAY'S AGENDA. items on today s agenda. T
F. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION Mayor Kirk opened the PUBLIC HEARING for final ordinance adoption at 7:05 p.m.
1. a. Motion to read by title only Ordinance 678 - Mayor Kirk Councilmember Oliver
moved
to read
Chandler y title only,
nl ,,. proposed Ordinance No. 678;
(Exhibit 1). seconded by Councl mbers
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Mayor Kirk read proposed Ordinance No. 678 by title only as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 655 OF THE CITY OF OKEECHOBEE ADOPTING THE CITY OF
OKEECHOBEE MUNICIPAL GENERAL EMPLOYEES PENSION TRUST FUND; PROVIDING FOR AN INCREASE IN
EMPLOYEE CONTRIBUTIONS FROM 5% OF SALARY TO 6% OF SALARY; PROVIDING FOR EARLY RETIREMENT AT
AGE 55 WITH 10 YEARS OF CREDITED SERVICE; PROVIDING FOR AN INCREASE IN THE BENEFIT ACCRUAL RATE
FROM 1.75% TO 2% FOR EACH YEAR OF REPEALING ALL ORDINANCES IN CONFLICT HEREWITH SERVICE; PROVIDING FOR ILITY OF PROVISIONS;
WITH AND AN EFFECTIVE DATE
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F. PUBLIC HEARING
1. b. Motion to adopt Ordinance 678.
1. c. Public Comment.
1. d. Vote on Motion.
CLOSE PUBLIC HEARING
G. NEW BUSINESS
1. Hear from Mr. Larry Melland regarding a drainage problem -
Mr. Larry Melland (Exhibit 2).
JULY 18, 1995 - REGULAR MEETING - PAGE 3 OF 9
Councilmember Chandler moved to adopt proposed Ordinance No. 678; seconded by
Councilmember O'Connor.
Mayor Kirk asked if there was anyone present wishing to speak for or against this
proposed ordinance. There was none.
Mayor Kirk then opened the floor for discussion among the Council.
Councilmember Watford stated that this proposed ordinance had been discussed quite
a bit by the Council and that he still felt that it was a little more than what had been
originally asked for by the General Employees' Pension Board.
Mayor Kirk called for a vote on the motion:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Mayor Kirk closed the PUBLIC HEARING at 7:08 P.M.
Mr. Larry Melland addressed the Council explaining that he purchased a piece of
property in 1991 along Souther 8th Avenue and built a house on it. The City
requested a culvert be installed, he paid for it and the City installed the culvert and dug
a ditch in front of the house. During the rainy season water stands in his ditch and has
created what he feels is a hazard. He has been in contact with Public Works Director
Elders and the Public Works Department did come and try to fix the problem however
Mr. Melland stated he felt they only made it worse.
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JULY 18, 1995 - REGULAR MEETING - PAGE 4 OF 9
G. NEW BUSINESS
. Larry Melland continued. Director Elders explained to the Council that his understanding was that Mr. Melland
1. Mr ry was going to obtain an easement from his neighbor that would allow the City to install
a ditch that would run between the rperties and dudrain ring theeir rainynsealsones into
Taylor Creek which would help any drainage problems
Mayor Kirk advised Mr. Melland and the Council that he and Director Elders went to the
property and right now there is no water in the ditch, Director Elders explained to him
what could be done to help with this problem and he spoke with Mr. Melland's neighbors
who told him that there was not a bad drainage problem there. He then explained to Mr.
Melland that the City had been in contact with Mr. Williams and he will grant the City
an easement to install the ditch between the two properties. Or he could purchase a
large culvert and have the entire ditch covered.
Mr. Melland stated he did not want another ditch next to his property and he did not
want to purchase the culvert, he wanted
come
d not fill the d't h back in.
d fill the ditch back in.
Mayor Kirk and Director Elders explained that the City con
Discussion ensued, Mayor Kirk gave Mr. Melland his home phone number and asked
him to call him when there was water standing in the ditch causing the problems Mr.
Melland had stated they were causing and that that was all he could tell Mr. Melland at
this time since he did not like either one of the solutions the City could offer.
ion to ado t Resolution 95-5 - City Administrator (Exhibit Councilmember Oliver moved to adopt proposed Resolution No. 95-5; seconded by
2. Mot P Councilmember Watford.
3).
Mayor Kirk read proposed Resolution No. 95-5 by title only as follows:
"A RESOLUTION GRANTING THE C ENTRANSFEA OF CONTROL OF ULTRA COM
F THE CITY COUNCIL OF THE CITY
OF OKEECHOBEE, FLORIDA TO T
OF DADE COUNTY, INC. AND ITS CABLE TELEVISION ES WARNER INC.
TEM FROM
CABLEVISION INDUSTRIES CORPORATION ("CIC'j
TO {"TWI'); PROVIDING FOR AN EFFECTIVE DATE."
wrl
JULY 18, 1995 - REGULAR MEETING - PAGE 5 OF 9
G. NEW BUSINESS
This resolution is for a change of ownership of the cable franchise. Cablevision General
2. Resolution No. 95-5 continued.
Manager, Dan LaCroix was present and explained that he had not met with the Time
Warner people and it was to early to tell if there would be a rate or service increase.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
son
3. Motion to reappoint Marsha Montesi and Andrea Nelson to Councilmember O'Connor moved to reappoint
term; Mrshaeconded by Councilmontesi and Andrea lembe�
the Code Enforcement Board to a three year term - City the Code Enforcement Board for a
Administrator. Chandler.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED
4. a. Motion to read by title only, and set August 15,1 995 as Councilmember Watford moved to read by title only, proposed Ordinance No. 680 and
a Public Hearing date, Ordinance 680 - City Clerk (Exhibit 4). 11 set August 15, 1995 as a Public Hearing date (for Street Closing Application No. 46 -
Southwest 20th Street); seconded by Councilmember Oliver.
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Gib
JULY 18, 1995 - REGULAR MEETING - PAGE 6 OF 9
G. NEW BUSINESS
4. a. Read title only, Ordinance No. 680 continued.
III vote on Motion:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Mayor Kirk read proposed Ordinance No. 680 by title only as follows:
"AN ORDINANCE CLOSING, VACATING AND
ABANDONING
PAGE 17 AND PLATALLEY,
BOOK 22,
STREET
OR ALLEYWAY AS RECORDED IN PLAT BOOK
11 PAGE 28, PUBLIC RECORDS, OKEECHOBE LOCKS FLORIDA,
31 AND 3$ AND BLOCK
AS
THAT STREET OR ALLEY LOCATED BETWEEN B
32 AND 43, ALSO DESCRIBED AS S.W. 2I LOSING SAID STREET OR STREET LOCATED ALBETWEEN LEY; ALL
3RD AVENUE AND S.W. 4TH AVENUE, BY C
LOCATED WITHIN THE CITY OF OKEECHOB PUBAND DIRECTING THE CITY CLERK
LIC RECORDS OF THE CLERK OF THE
TO RECORD THE ORDINANCE IN THE PUB
CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN
EFFECTIVE DATE."
4. b. Motion to approve the first reading of Ordinance 680. III Counciimember O'Connor moved to approve
No. 680; seconded by Councilmember Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
the first reading of proposed Ordinance
G. NEW BUSINESS
5. Motion to approve advertising a 15% increase in the roll back
property tax rates - City Administrator.
6. Motion to approve a partial pay request to CenState in the
amount of $67,906.79 - Director of Public Utilities (Exhibit 5).
JULY 18, 1995 - REGULAR MEETING - PAGE 7 OF 9
Councilmember Watford moved to approve advertising a fifteen percent (15%) increase
in the roll back property tax rates; seconded by Councilmember Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Councilmember Oliver moved to approve partial pay request number five to CenState
Contractors, Inc. in the amount of sixty-seven6th Avenue, , nine hundred So Southeast t Steet and B g
dollars, I
seventy-nine cents ($67,906.79) for Northeast er and Willard,
Lake Bank Lift Stations as recommended
. Chandler.
Engineer Willard of Knepp
Inc.; seconded by Councilmember
Public Utilities Director Jones explained that o all that is left is a punch list and the
retainage is a little more than ten percent (10 /o).
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
airs to Engine 5 in the Councilmember Oliver moved to approve emergency repairs to Fire Engine No. 5 in the
7. Motion to approve emergency rep 9 fifteen cents ($8,483.15);
amount of eight thousand, four hundred eighty-three dollars,
amount of $8,483.15 - Fire Chief (Exhibit 6). seconded by Councilmember Watford.
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JULY 18, 1995 - REGULAR MEETING - PAGE 8 OF 9
G. NEW BUSINESS
7. Emergency repairs to Engine 5 continued. III Vote on motion:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
ider street closing application No. 47 - City Clerk (E-7). Councilmember Oliver moved to instruct
Attorney
Street Cook tond draftth an ordinance
requested closing
8. Cons Northeast 5th Avenue between No
by
Application No. 47 completed by Watford Trucking, Inc.; seconded by Councilmember
O'Connor.
Florida, Power and Light has requested an easement. The City Police Chief expressed
concerns relative to possible future growth in the subject area in that although it is not
completely developed at present, if it was, the open avenues would be a good way to
move traffic. City Public Utilities is requesting an existing six inch water line be relocated
at the expense of the applicant. Public Works Department will also need an easement
for drainage purposes. The applicant addressed each of these issues in a letter and
have no objections in complying with these requests.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
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b21
G. NEW BUSINESS
9. Discuss Finance Department Budget Request - Finance
Director (Exhibit 8).
Adjournment - Mayor Kirk.
PLEASE TAKE NOTICE AND BE ADVISED that if 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.
A tape recording of this meeting is on file in the City Clerk's Office.
es E. Kirk; Mayor
ATTEST: -
Bonnie S: Thomas, CMG, City Clerk
JULY 18, 1995 - REGULAR MEETING - PAGE 9 OF 9
Council briefly discussed the current budget process and whether they wanted to
discuss the memorandum concerning the Finance Department's budget. Finance
Director Delorme explained to the Council that he did not request the memorandum be
placed on the agenda for Council to discuss tonight but for Council discussion during
the normal budget process. Mayor Kirk apologized and stated he must have
misunderstood when he instructed Administrator Drago to put this item on the agenda.
Finance Director Delorme stated that he would be available H any of the Council wished
to discuss the Finance Departments budget request with him.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:11
p.m.
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CARRIE / DENIED
OW
AN ORDINANCE AMENDING ORDINANCE
NO. 655 OF
` THE CITY OF OKEECHOBEE ADOPTING
NIUNICIPAL GENERAL EMPLOYEES
CITY OF:
OKEECHOBEE
PENSION TRUST 1 LJND; PROVIDING
INCREASE IN EMPLOYEE CONTRIBUTIO
FOR AN
S FROM 5%
_. OF SALARY TO 6% OF SALARY; PROWDING
RETIREMENT AT AGE 55 WTTI3 10
FOR
YEARS OF
EARLY
CREDITED SERVICE; PROVIDING FOR AN
INCREASE
IN THE BENEFIT ACCRUAL RATE FROM
.75% TO 2%
_... _._.. _ FOR EACH YEAR OF CREDITED
PROVIDING FOR SEVERABILITY OF
SERVICE;
ROVISIONS; ---
REPEALING ALL ORDINANCES IN
M.
IICIt1;WITH AND PROVIDING AN EFFEC
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AN ORDINANCE CLOSING, VACATING AND AlANDONING THE ALLEY,
STREET OR ALLEYWAY AS RECORDED IN PL T BOOK 1, PAGE 17 AND
PLAT BOOK 2, PAGE 28, PUBLIC RECORDS, OKEECHOBEE COUNTY,
FLORIDA, DESCRIBED AS THAT STREET ORAL EY LOCATED BETWEEN
BLOCKS 31 AND 38 AND BLOCKS 32 AND 43, ALSO DESCRIBED AS S.W.
20TH STREET LOCATED BETWEEN S.W. 3RD AVENUE AND S.W. 4TH
AVENUE, BY CLOSING SAID STREET OR ALLE ; ALL LOCATED WITHIN
THE CITY OF OKEECHOBEE, AND DIRECTI G THE CITY CLERK TO
RECORD THE ORDINANCE IN THE PUBLIC RE ORDS OF THE CLERK OF
THE CIRCUIT COURT IN AND FOR OKEECHO EE COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
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AN ORDINANCE AMENDING ORDINANCIi NO. 655 OF THE CITY OF OKEECHOBEE ADOPTING CITY OF
OKEECHOBEE MUNICIPAL GENERAL E LOYEES'
PENSION TRUST FUND. PROVIDING' FOR AN
INCREASE IN EMPLOYEE CONTRIBUTIONS FROM 5%
OF SALARY TO 6% OF SALARY; PROVIDING FOR
EARLY RETIREMENT AT AGE 55 WI'TH 10 YEARS OF
CREDITED SERVICE; PROVIDING FOR AI INCREASE
IN THE BENEFIT ACCRUAL RATE FROM 1175% TO 2%
FOR EACH YEAR OF CREDITED � SERVICE;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTVE DATE.
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1 A RESOLUTION GRANTING THE CONSENT
COUNCIL OF THE CITY OF OKEECHOBEE,
THE TRANSFER OF CONTROL OF ULTRA C,
COUNTY, INC. AND ITS CABLE TELEVISIONS'
CABLEVISION INDUSTRIES CORPORATIO1
TIME WARNER INC. (" TW r'); PROVIDIN
EFFECTIVE DATE. "
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PLAT BOOK 2, PAGE 28, PUBLIC RECORDS, (
FLORIDA, DESCRIBED AS THAT STREET OR ALL
BLOCKS 31 AND 38 AND BLOCKS 32 AND 43, AI
20TH STREET LOCATED BETWEEN S.W. 3RD ,
AVENUE, BY CLOSING SAID STREET OR ALLEY
THE CITY OF OKEECI-IOBEE, AND DIRECTIN(
RECORD THE ORDINANCE IN THE PUBLIC REC(
THE CIRCUIT COURT IN AND FOR OKEECHOB
PROVIDING AN EFFECTIVE DATE."
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L-NDONING THE ALLEY,
BOOK 1, PAGE 17 AND
KEECHOBEE COUNTY,
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;O DESCRIBED AS S.W.
VENUE AND S.W. 4TH
ALL LOCATED WITHIN
THE CITY CLERK TO
RDS OF THE CLERK OF
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ORDINANCE NO. 6 7 8
AN ORDINANCE AMENDING ORDINANCE O. 655 OF
THE CITY OF OKEECHOBEE ADOPTING TI 1E CITY OF
OKEECHOBEE MUNICIPAL GENERAL E LOYEES'
PENSION TRUST FUND; PROVIDING FOR AN
INCREASE IN EMPLOYEE CONTRIBUTION FROM 5%
OF SALARY TO 6% OF SALARY; PRO ING FOR
EARLY RETIREMENT AT AGE 55 WITH 10 YEARS OF
CREDITED SERVICE; PROVIDING FOR AN INCREASE
IN THE BENEFIT ACCRUAL RATE FROM 1 75% TO 2%
FOR EACH YEAR OF CREDITED SERVICE;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPALING ALL ORDINANCIN CONFLICT
IjEREWITH AND PROVIDING AN EFFECT VE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF TTIE CITY OF
OKEECHOBEE, FLORIDA that:
SECTION 1: Ordinance No. 655 of the City of Okeechobee, adopting the City of
Okeechobee Municipal General Employees' Pension Trust Fun , is amended by amending
Section 5, CONTRIBUTIONS, subsection 1, Member Contribi
SECTION 5 CONTRIBUTIONS.
1. Member Contributions.
A. Amount. Each Members of the System
regular contributions to the Fund in the
, to read as follows:
shall be required to make
nount of €tree six percent (-5
6%) of his Salary. Member contributions withheld by the City on
behalf of the Member shall be deposited with the Board at least
monthly. The contributions made by eac i Member to the Fund shall
be designated as employer contributions pursuant to §414(h) of the
Internal Reyemie Code of 1986. Such designation is contingent upon
the contributions being excluded from the Members' gross income for
Federal Income Tax purposes. For all other purposes of the System,
such contributions shall be considered to be Member contributions.
B. Method. Such contributions shall be
1
by payroll deduction.
SECTION 2: Ordinance No. 655 of the City of Okeech bee, adopting the City of
Okeechobee Municipal General Employees' Pension Trust Fund, is amended by amending
Section 6, BENEFIT AMOUNTS AND ELIGIBILITY, to read as follows:
1. Normal Retirement Date.
A Member's normal retirement date shall be
coincident with, or the next following age sixty-five (65) and the
of Credited Service or upon the completion of thirty (30)
regardless of age. A Member may retire on his normal retiree
of any month thereafter, and each Member shall become 100 %
on the Member's normal retirement date. Normal retirement ui
from employment with the City on or after the normal retire
2. Normal Retirement Benefit.
A Member retiring hereunder on or after his
receive a monthly benefit which shall commence on the first d
his Retirement die and be continued thereafter during Me
death, but with one hundred twenty (120) monthly payments
monthly retirement benefit shall equal
ene and three qttaAer-s-
Average Final Compensation, for each year of Credited Service
3. Early Retirement Date.
first day of the month
:tion of five (5) years
of Credited Service
t date or on the first day
ted in his accrued benefit
the System is retirement
date.
retirement date shall
s lifetime, ceasing upon
nteed in any event. The
,o percent (445 2%) of
A Member may retire on his early retirement date which shall be the first day
of any month coincident with or next following the later of the attainment of age sixty-(60)
fifty-five (55) and the completion of ten (10) years of Credited Service. Early retirement
under the System is retirement from employment with the C ity on or after the early
retirement date and prior to the normal retirement date.
2
4. Early Retirement Benefit.
A member retiring hereunder on his early retirement date may receive either
a deferred or an immediate monthly retirement benefit payable in die same form as for
normal retirement as follows:
A. A deferred monthly retirement benefit which
shall commence on what
would have been his normal retirement
date had he continued
employment as a General Employee and shall
be continued on the first
day of each month thereafter. The amount
of each such deferred
monthly retirement benefit shall be determined
in the same manner as
for retirement on his normal retirement
date except that Credited
Service and Average Final Compensation sl
all be determined as of his
early retirement date; or
B. An immediate monthly retirement benefit which
shall commence on his
early retirement date and shall be continued
on the first day of each
month thereafter. The benefit payable shall
be as determined in
paragraph A above, which is reduced by one
-fifteenth (1/15th) for each
of the first five (5) years and one -thirtieth (
130th) for each of the next
five (5) years by which the commencement
of benefits precedes the
date which would have been the Member's
normal retirement date had
he continued employment as a General Employer.
SECTION 3: All Ordinances or parts of Ordinances in conflict
herewith be and the
same are hereby repealed.
SECTION 4: If any section, subsection, sentence, clause,
phrase of this ordinance,
or die particular application thereof shall be held invalid by any court,
administrative agency,
or other body with appropriate jurisdiction, the remaining section,
subsection, sentences,
clauses, or phrases under application shall not be affected there
y.
3
SECTION 5: That this Ordinance shall become
September 2 8. 1995.
Introduced on first reading this __2,Q day of
James
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
Passed on second reading after public hearing this
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
nrbbk\612.95g.ord
4
ames
ve at 12:01 A.M. on
, 1995
Kirk,
of , 1995.
Mayor
6-30-95
CITY OF OKEECHOBEE
55 SE 3rd AVE.
OKEECHOBEE, FL 34974
WE WOULD LIKE YOU TO PLACE US ON THE AGENDA
COUNCIL MEETING CONCERNING DRAINAGE AND THE
OUR PROPERTY" AT 1500 SE EIGHTH AVENUE.
SIN EREL�
AR6'ARY I - Cll
1500 SE EIGIITH AVENUE
OKEECHOBEE, FL 34974
813/467-6791
.ML:J on 'dw
It THE NEXT POSSIBLE
1NTENANCE 1N FRONT OF
William 6elmi, Jr.,
Attorney aL Law
306 NorthweA rdh StreeL
Okeechobee, FL 34972-2%5
Telepinte: (941) 763-IM
June 28, 1995
Mr. John Drago
Okeechobee City Administrator
55 S.E. 3rd Avenue
Okeechobee, FL 34974
Re: Mr. and Mrs. Larry C. Melland, 1500 S.E. 8th Avenue
Dear Mr. Drago:
Please be advised that I represent Mr. and Mrs. Larry C. Melland.
Fax: (941) 763.0811
My client advises that when he built his residence at the above address the city installed a drainage culvert
on his property and subsequently dug a ditch on the property in an attempt to create adequate drainage.
In doing this, the city dug a an extremely deep ditch which has created, in effect, a retention pond. As a
result, my clients have been left with a situation that is hazardous to their small child, has caused a
mosquito problem, has caused friction with their neighbors, and has made maintaining their property next
to impossible. Further, the city personnel exposed part of the sewer fine which the neighborhood children
have uncapped and created a health hazard. I understand that my cli nts' attempts at having the city
correct the problem have met with little success.
Mr. and Mrs. Melland do not wish to get into litigation with the city over
end. As it stands, the city's inaction has exposed both my clients and the
be injured or otherwise adversely affected by this. They have asked i
resolve the problem before it gets totally out of hand.
Your cooperation will be greatly appreciated.
Very truly yours,
WILLIAM LMI JR., CHARTERED
By:
Willie elmi, Jr.
WSJr/me
cc: Mr. and Mrs. Larry C. Melland
his problem but are at their wits'
city to liability if someone should
ne to contact you in an effort to
LEGAL PAD
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RESOLUTION 95-5
A RESOLUTION GRANTING THE CONSENT F THE CITY
COUNCIL OF THE CITY OF OKEECHOBEE, ORIDA TO
THE TRANSFER OF CONTROL OF ULTRA CO OF DADE
COUNTY, INC. AND ITS CABLE TELEVISIONS TEM FROM
CABLEVISION INDUSTRIES CORPORATION rCIC") TO
TIME WARNER INC. ("TWP); PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ultra Com of Dade County, Inc. ("Cablevisio ') has the right to Install,
construct, own, operate and maintain a cable television system (the "System") within the
City of Okeechobee, Florida pursuant to a cable television frar chise issued pursuant to
Resolution No. 88-7; and
WHEREAS, Cablevision is currently controlled by IC and CIC's principal
shareholder, Mr. Alan Gerry, an individual residing in Libe , New York ("Principal
Shareholder"); and
WHEREAS, TWI and CIC and the Principal Sharehold gr have entered into an
Agreement and Plan of Merger in which a wholly owned subside iry of TWI will merge with
and into CIC and, upon completion of the transaction, CIC wil become a subsidiary of
TWI, and TWI will then control Cablevision and System (the "Tr nsfee); all as set forth In
the Agreement and the Supplemental Agreement, each dated FDbruary 6, 1995, and
WHEREAS, TWI, CIC and Cablevision have jointly submitted to the City of
Okeechobee, Florida an application on Federal Communications Commission ("FCC")
Fort 394 for consent to the Transfer and have submitted such other inlbrmation
concerning the Transfer as required by the Franchise and applicable law and as
reasonably requested by the City of Okeechobee, Florida ( ollectively the "Transfer
Application'); and
WHEREAS, the City Council has determined that it is in the best Interest of the City
of Okeechobee, Florida and its residents to approve the Transfer Application and the
Transfer; and
NOW THEREFORE BE IT RESOLVED by the City ouncil of the City of
Okeechobee, Florida as follows:
Section 1. The City Council hereby approves the Tr3nsfer Application and
consents to the Transfer to TWI, as described in the Transfe Application, provided
however, that nothing contained in this section shall be deemel I an amendment to the
Franchise, but rather only a Transfer of the Franchise or a clarific, ition of the terms of the
Franchise.
Section 2. The Resolution shall become effective and continue and remain In
effect immediately upon its adoption.
Section 3. The City Administrator is hereby authorized o nfy otiTWI, CIC and
Cablevision of this action in writing by furnishing these companie with an executed copy
of the Resolution.
ADOPTED THIS 18TH DAY OF JULY. 1995
Attest.
Bonnie S. Thomas, C.M.C.
City Clerk
James E.
TABLE 1- FCC FORM 394
DESCRIPTION OF TRANSACTION
The cable television system serving your community (the "
owned by Ultra Com of Dade County, Inc. ("Cablevision'% a corr,
controlled by Cablevision Industries Corporation ("CIC'. Then t
described in the paragraphs below are completed, Time Warner In
through a wholly owned subsidiary, the System, Cablevision and (
On February 6, 1995, TWI and CIC entered into a series
"Agreements"), pursuant to which a wholly owned subsidiary of
into CIC and, upon completion of the merger and related transaa
subsidiary of TWI. Because CIC currently controls Cablevision
completion of the merger contemplated by the Agreements, TWI
and Cablevision through its control and ownership of CIC.
stem") is currently
any that is currently
transactions
("TWI") will control,
agreements (the
VI will merge with and
ns, CIC will become a
l the System, upon the
ill control the System
Attached to this narrative description of the transactions, i� a chart illustrating the
transactions.
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Federal cAnwounicatim commkaw
Wasidnghm6 D. C 2OSS4
FCC 394
APPLICATION FOR FRANCHISE
CONSENT TO ASSIGNMENT OR TRAN
OF CABLE TELEVISION FRA
SECTION 1. GENERAL INFORMATION
DATE March 22, 1995 1. Community
2- Application foi: Assignment of Franchise
3. Franchising authority:
City.of Okeechobee
4. Identify community where the systern/franchise that is the subject of the assignment
City of Okeechobee, FL
S: Date system was a ir+ed or (for system's constructed br the transferorla�igrw�
Which service was proviieed to the first subscriber in the frand�ise
aria:
Proposed a of dosing of the traroaction assigning or transfer owns
-- gnee:
7 Attach as an Exhibit a schedule of any and all additional information or m aterW fl
application that is identified in the franchise as required to be provided to the
authority when requesting Its approval of the type of transaction that Is *the vA
application.
PART 1- TRANSFEROR/ASSIGNOR
Approved by OMB
Elpir- oetsu73
F CONTROL
rsuvvaanut AUTHORITY USE ONLY
Identification Number;
FL0182
t
fer of Control
transfer of control is located:
date °n • I January 1989
tip of As soon as practicabl
with this Exhibit No.
ising
# fof this
.� •••......a vLegal name of Transferor/Assignor (if individual,assWW-
uie vansrerolist ladst Wane first]
Ultra Com of Dade County, Inc.
Assumed name used for doing business (if any)
CVI - Cablevision Industries
Mailing street address or P.O. Box
One Cablevision Center, P.O. Box 311
atY State
Libert NY Z1P Code Telephone No. (include area
12754 914-295-2760
2.(a)
(b)
Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or
transfer of control (including any exhibits or schedules thereto necessary in order to understand the
teams thereof). If there is only an oral agreement, reduce the tenor to writi and attach.
(Confidential trade, business, pricing or marketing information, or other informa ' publicly available, may be redacted), not otherwise
Does the contract submitted in response to W above embody the full and comp etc
between the transferor/assignor and the transfenee/assigneei agreement
If No, explain in an Exhibit.
Exhibit No.
I
El Yes ® No
Exhibit No.
-r J„ + � i �.,t'.j$'`',.,,,"7F"tt""rkrst ti+�*{ . P�.w•r :.a �' � .� : :'a��, y is .
PART if = TKANSFEREEIASSIGNEE
t•(a) Indicate
the name mailin address and tel ' hone n
Legal name of Tiansferee/Assignee (if indin-d umber of the trarnsferee/ i a
Time Warner = " rrst lasYrwc�e futj`
Inc.-;-"' or=
an entiEy':under''tlie "evntirol of Time Warner Inc.
Warner Entertainment Co., �;p; or'Timeder•rntertai ment
-Assumed name used for doing busin , including Time
�i ffan}�• - Advance/Newhouse partners;
'See Exhibit $ _ •
Mailing street address or P.O. Box
' Gty
State LP Code
Te{ephone No. (include area code)
(b) Indicate the name n! ilifig address and W hone number of
Name of contact person (iist 1 name fuse tO coma f other than
Testa, David L. transferee/ass� - •
Vice President, Government Relations
Firm or company name (if any)
CVI _
Mailing street address or P.O. Sox .
One Cablevision, Center, P..O, Box.31•I' City
Liberty' . State _
r'127 _ . r: Telephgrie No.;CrnFlude�i+ea code?
914-295-2.760-
(� Aftald 6e �� bit he naive, n u7ug"addiez,.aaB telep� _ : .
o . any. of each add' o '
person who Exhibit No.
Served Indicate the address where the 's eecotds j ' . . ~` . ,, 4 ' • ,
addrrw'Tlbe
107 N ,
orthwest 7th Avenue
City Okeechobee
Stite
FL Z!P Code.
3 4 9 7 2
Z Inopera ditcato o
o is attached exhibit any Ptc khane t
the system as a consequenceOf the b aaction�V•� art' 0f ser"ce and bdi�itiVo. _
FCC 394 R3[e 2)
ocioba U93
r
SENT BY:ATC HEADQUARTERS : 3 21-98 1 09PM TIME WARNER ABLE 212 333 3987:* 2/20
r TWI
SECTION L TRANSFEREE'SIASSIGNEE'S LEGAL QUALIFICATIONS
'L TrandereaAssignee is:
Corporation a. Jurisdiction of incorporation:
Delaware
b. Date of incorporation:
8/29/83
c. For profit or not for profit:
Profit
Urraed Partnership I a. Jurisdiction in which formed:
b. Date of formation:
EDGeneral Partnership I a: Jurisdiction whose laws govern formation:
in ractuai
Other. Deicribe in an Eshbit.
2- List the transfereelassignee, and, if the transfereetassignee is not a natural person,
beneficially holding more than S% of the outstanding voting shares, general party
interest of more than 5%. Use only one column for each individual or entity. j
earefutly—the lettered items below refer to corresponding lines in the following table
(a) Name, residence, occupation or principal business, and principal place of bu!
name, address and citizenship of natural person authorized to vote the voting se(
applicant first, officers, next, then directors and, thereafter, remaining stockholders
03) Citizenship.
W Relationship to the transfereelassignee (e.g., officer, director, etc.).
(d) Number of shares or nature of partnersihp interest•
W Number of votes.
M Percentage of votes. See Exhibit III - TWI
w -
(b)
(d
W
cei
(n
and address of registered ageM in
a.
rentice Nall Corporation
ystem, Incorporated.
2 Lockerman Square, Suite L-
nvar- hF loom .
and -address of registered agent in
.w•
Date of formation:
bchibit No.
i of its officers, directors, stockholders
and limited partners holding an equity
h additional pages if necessary. (Read
Of other than an individual, also show
of the applicant that it holdsa List the
partners.
ree ». Rt{e n
octobw M 3
SENT BY:ATC HEADQUARTERS 3-21&M 1:08PM s TIME WARNER 212 333 3987:# 3/20
Exhibit M - ME
Executive UlFceM Directors
and 5% Stockholder of Transferoe/Awignee
M.—RE,
���{(i
we�:.w
Y •
y
ws
Gerald K Levin
U.S.
Director, Chairman of the
350,093
350,093
Less than
Time Warner Inc.
Board and Chief Executive
1%
75 Rockefeller Plaza
officer
New Yod4 NY 10019
Richard D. Parsons
U.S.
President and Director
5,213
5,213
Less than
Time Warner Inc.
1%
75 Rockefeller Plaza
New York NY 10019
Richard L Bressler
U.S.
Senior Vice President,
4,714
4,714
Less than
Time Warner Inc
Finance
1%
75 Rockefeller Plaza
New York, NY 10019
Peter R. Haje
U.S.
Executive Vice President and
9,100
9,100
Less than
Tune Warner Ine.
General Counsel
1%
75 Rockefeller Plaza
New York, NY 10019
Timothy A. Boggs
U.S.
Senior Vice President, Public
3,988
3,988
Less than
Time Warner Inc.
Policy
1%
75 RockeMer Plaza
New York, NY 10019
Tod R. Hullin
U.S.
Senior Vice President,
1,655
1,655 1
Less than
Time Warner Inc.
Communications dt Public
1%
75 Rockefeller Plaza
Afrairs
New York, NY 10019
Philip R. Lochner, Jr.
U.S.
Senior Vice President
58,494
58,494
Less than
Time Warner Inc
1%
75 Rockefeller Plaza
New York, NY 10019
SSVr BY: ATC HEADQUARTERS •: 3-21 93 1 1 OPM TIME WARNER 212 333 3987 : # 4/20
U.S.
360,213
360,213
Less tan h
Mery Adelson
Director
Bag - West Capital
Associates, Ina
1%
II I I I Santa Monica Blvd
Los Angeles, CA 90025
'
Lawrence B. Buttenweiser
U.S.
Director
51,597
51,597
Less than
Roseaman dt Colin
575 Madison Avenue
1%
New York, NY 10022
Edward S. Finkelstein
U.S.
Director
8,I41
9,141
Less than
Finkelstein Associates Inc.
1%
712 Fifth Avenue
New York, NY 10019
Beverly Sills Greenough
U.S.
Director
10,313
10,313
Less than
Lincoln Center
1%
70 Lincoln Center Plaza
New York, NY 10023-6583
Carla A. Hills
U.S.
Director
2,253
2,253
Less than
Hill dt Company
1%
1200 Nineteenth SL, NW
Washington, DC 20036
David T. Kearns
U.S.
Director
1,174
1,174
Less than
Xerox
1%
100 F'ust Stamford Place
P. 0. Box 10340
Stamford, CT 06904-2340
Henry Luce, III
U.S.
Director
336,2471
336,2471
Less than
The Henry Luce
Foundation, Inc.
720 Fifth Avcnue
New York, NY 10019
Reuben Mark
Colgate-Palmolive Company
U.S.
Director
9,653
9,653
Less than
300 Park Avenue
1%
New York, NY 10022
Directly owned shares. Does not include shares held bvarious trusts of which 1V&. Luce
is a trustee or co -trustee.
SENT BY:ATC WADQUARTERS 3-21-95 }|YmPM TlW WAMB 212 333 3887;# 5y20
0
Michael A. Miles
U.S.
Director
None
Mwee Lakes Drive
L Rldiard Munn
U.S.
Dirtctor
346,150
346,150
Less than
Tune Warner Inm
C/o T'ime Warner Cable
1%
300 First Stamfi)rd place
Stamford, CT 065902
Donald S. Perkins
U.S.
Director
13,318
13,318
Less than
100 N. Riverside Plaza
Chicago, EL 60606
1%
Raymond S. Troubh
U.S.
Director
5,513
5,513
Less than
10 Rockefeller Plan
1%
New York. NY 10020
Fm=t* T. Vincent, Jr.
U.S.
Director
11,653
11,653
Less than
Vincent Enterprises
do Time Warner Cable
1%
300 First Stamford Place
Stamford, CT 06902
333 South Hope Road
(Delaware)
Los Angeles, CA 90071
1430 Peel Street
ontreaL Quebec
C!A�N�AIDA
z Ownership at 9/30/94.
3 ownership at 4/21/94.
SENT BY:ATC HEADQUARTERS : 3- 1-95 s 1 11PM 'CMt WAMER LEA 212 333 3987:# 6/20
SIEMON L 7RANSFEREFS/ASSiGNEE'S LEGAL QUALIFICATIONS
'_ Trimferee/Assignee is:
:ice Corporation
El Limited Partnership
a. Jurisdiction of Incorporation:
b. Date of incorporation:
c. For profit or not4or profit:
a. Jurisdiction in which formed:
Delaware
b. Date of formation:
2/28/92
0 General Partnership I a: Jurisdiction whose laws govern formation:
II individual
Other. Describe in an Exhibit.
and address of registered =Sent in ...
and address of registered agent in
Pre tics -Hall Corporation
Sy tem, Inc.
32 ockerman Square, Ste. L-100
Dov r. DE 19901
b. pate of formation:
Z_ List the transfereciassignee, and, if the transferee/asegnee is not a natural person,
beneficially holding more than S% of the outstanding votinf shares, general parts
interest of more than S%. Use only one column for each individual or entity. d
carefully— the lettered items below refer to corresponding lines in the following table
ta) Name; residence, occupation or principal business, and principal place of basin
name, address and citizenship of natural person authorized to vote the voting secur
-2*lcant �;rst, officers, nerd, then directors and, thereafter, remaining stockholders ar
(c) Relationship to the transferee/assignee (e.g., officer, director, etc.).
(d) Number of shares or nature of partnersilip interest.
(e) Number of votes.
tf) Percentage of votes. See Exhibit III - TWE
Al
(c)
(d)
W
(A
Exhibit Ne.
N/A
ch of its officers, directors, stockholders
, and limited partners holding an equity
ch additional pages if necessary. (Read
(if other than an individual, also show
of the applicant that it holds.) List the
partner.
TWE
rcc 3" trti. A
oear.. IM
SENT BY:ATC HEADQUARTERS 3-21-95 - 1;liM T16t DARNER 212 333 3987.# 7/20
Time Warner Entertainment Company,
Ownershin rdentifica_tion
General Partners
and Address
American Television & Communications
Corporation
75 Rockefeller Plaza
New York, NY 10019
Warner Cable Communications Inc.
75 Rockefeller Plaza
New York, NY 10019
Warner Communications Inc.
75 Rockefeller Plaza
New York, NY 10019
Time Warner Operations Inc.
75 Rockefeller Plaza
New York, NY 10019
Limited Partners
and Addr -sn
25.77
9.10
21.00
7.409,
Exhibit III - TVfIE
L.P.
13-2922502
13-3134949
13-3043738
13-3544870
US West Multimedia 25.51 % 84-1242269
Communications, Inc.
9785 Maroon Circle
Englewood, CO 80112
SENT' BY: ATC HEADQUARTERS ; 3-21-95 '> 1=12ft
TIME W
212 333 3987;# 8/2
Itochu Entertainment Inc.
Itochu (America) Inc.
335 Madison Avenue
New York, NY 10417
Toshiba America Entertainment, inc.*
Toshiba America Inc.
375 Park Avenue
New York, NY 10152
TOTAL OWNERSHIP
* These limited partners in the partnership are american
The Executive Officers for Time Warner Entertainment
Exhibit III - TWI. Please refer to Exhibit III - TWI.
twco395
5,
61%
of their parent corporation.
, L:P• are the same as -those liste
SLM BY: ATC HEADQUARTERS 3=21-95 1:12M T i 119E WARNFP. -+
212 333 3987:# 9/20
TWE -AN - --
SEC' M L 7RMSFEREE'S/ASSIGNEES LEGAL QUALIFICATIONS
Z Tsasnfnae?A*dwm U-.
0 t ;oep ,&M
0 Ulf: d Partrnership
tfaaeal Partnersbip F
3rrdtNdasi
IDDtle�Desedbe In •n Exhablt.
Jurlsdiction of incorporation:
Dote of ineotpon:tkn:
For profit at not4cr-profit:
Jortadietion In which formed:
Date of fonnatlan:
Jurisdiction whose laws govenr formation:
New York
M Ud 1h4 transfarWaWgnee. and, if the Umfene/asstgnee Is not a natural person. e
bdnefidatiy holding more than 5% of the autstanft voting shares. genard patmee
Intereat of mare than 5%. Via eniy one column for each Individual or entity. At
cwekdY - 7ha lettered items below Mist to corresponding lines In the following table.)
idltgmne. tealdsmea. occupstion of principal businem and principal pines of business.
name. address and ddxnnship of natural person authorized to vote the voting secutitie,
sippilcsant first, ofl;cm. next then directors end. thereafter. remaining stockholders and/4
0) Chbwmfnp.
(c) Rf%dQ sbip io the transfereelassignes (e.g.. officer, 8racter, etc.).
;d) Number of shares at nature of parmefship Interest
to) Number of vow.
40 Parcestage of See Exhibit III - TWE-AN
M rn>1110
and address of registered agent In
and address of registered agent In
ofofformation.
9/9/94
Etf
i of Its officers, directors, stockhoidene
and limited partners holding an equity
t additional pages if necessary. I Read
(If other than an individual, also show
of the applicant that it holds.) List tho
if Partners.
'SENT BY:ATC HEADQUARTERS 3-21-95 : 1:12PM : TIME {P
212 333 3987:#10/20
Transferee/Assignee
Time Warner Entertainment-Advaace/Newhouse Partnership
300 First Stamford Place
Stamford, CT 06902
General Partners
and Address
Advance/Newhouse Partnership
5015 Campuswood Drive
East Syracuse, NY 13057
Tune Warner Entertainment
Company, L.P.
75 Rockefeller Plaza
New York, NY 10019
nhex2
Partnership
Interest
33.33%
66.66%
Exhibit III - TWE-AN
E.I. Number
Pending
13-3666692
SENT BY: ATC HEADQUARTERS : 3-21-95 1 121'i4t TIME WARNER
212 333 39874-11/20
3. 7f the aPprc mt is a corporation or a limited partnership, is the transfareelassignee
laws; ddy qualified to transact business in, the State or other Jurisdiction in
'op
if theanswer is No, explain in an ExhibiL
-� 'Has the transfereeJassignee had any interest in or in connection with an
dismissed or denied by any franchise authority)
]F the answer is Yes, describe circumstances in an ExhiliL
TWI
i under the Q Yin the system Q No
[!!f
which has been ❑ Yes C No
Exhibit No.
IV
Was an adverse rinding been made or an adverse final action been taken b any court or El❑X Ye No
administrative body with respect to the transfereetassignee In a civil, criminal o administrative
pgroceed nz brought under the provisions of any law or rulation related to the follo
egwing: any
felony, revocation, suspension or involuntary transfer of any authorization (i eluding able
franchises) to provide video programming services, mass media related and or unfair
competition; fradulent statements to another governmental unit; or employment dis minationt
If the answer is Yes, attach as an Exhibit a full description of the persons and n
including an identification of any court or administrative body and any proceeding
Aumbers, if applicable), and the disposition of such proceeding.
Ate Ouse arty documents, instruments, contracts or understandings relating to owne
ownership rights with respect to any attributable interest as described in Question 2
not limited to, non -voting stock interests, beneficial stock ownership interests, opt
debenture:);
uYts,provideparricularsinanExhibit, See Exhibit V - TW1
7- Do doarmenK instruments, agreements or understandings for the pledge of
transfereelassi net, as security for loans or contractual performance, provide that: (a
will remain with the applicant, even in the event of default an the obligation; Cb) ii
default, there wi7i be either a private or public sale of the stock; and (c) prior to the e
ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC
franchising authority, if required pursuant to federal, state or Total law or pursuant tj
She tranchiseagreement will beobtainedi Not applicable. There is no
If Ng, attach as an Exhibit a full explanation.
SECTION JU-TRANSFEREE'SIASSICNEE'S FINANCIAL QUALIFICATIONS
-L The tmnsferedassignee certifies that it has sufficient net liquid assets on hand or r
coma fitted resources to consummate the transaction and operate the facilities for three
involved, Ezhbit No.
s and file
or future a Yee ❑ No
rding, but
warrants,
"stock of the ❑ Yes ❑ No
voting rights
r the event of
!excise of any _
and/or of the
i the terms of
pledge of stock.
Exhibit Na
from � Yes ❑ No
M Attach as an Exhibit the most recent financial statements, prepared in accordance ith generally
accepted accounting principles, including a balance sheet and income statement for at least one full
r, for the trattfsered/assignee or parent entity that has been prepared in the ordin ry course of
aus'ness, if any such fknaacial statements are routinely prepared_ Such statements, if of otherwise
Publicly available, may be marked CONFIDENTIAL and will be maintained as confa ntial by the
francbise authority and its agents to the extent permissible under local taw.
SECTION IV- TRANSFEREFVASSiCNEE'S TECHNICAL QUALIFICATIONS
Set forth in an Exhibit a narrative account of the transfers:'sJa:signee's technical qualification ,experience
-and experttsa regarding cable television systems, including, but not limited to, summary info lion about
aPProPriate management personnel that will be involved In the system's management and op tions. The
Zransferedassignee may, but need not, list a representative sample of cable systems currend or fonaedy
owned or opesated.
&hibk N
VI-Tiff
&h lit o.
7=31NIft"'a
40CUAW SM
JC1I! t5T;AtU iiEADQUARTERS : 3-21-95 : 1:13PM TiME WARNER fsapl-FA
212 333 3387:#12/20
3 7f the applicant is a corporation or a limited partnership, is the transferedassigne formed under the
Jaws of, or duty qualified to transact business in, the State or other Jurisdiction t which the system
operatesi!
If the answer is No, explain in an Exhibit.
Has the trawferee/assignee had any interest in or in connection with an appiicatn which has been
40nissed or denied by any franchise authorityi
. 7f SO answer is lies, describe circumstances in an Exhibit.
TWE
Ya ❑ No
Exhibit No.
® Yes ❑ No
3- Mau an adverse finding been made or an adverse final action been taken by any court or ❑ Yes ❑X No
administrative body with respect to the transfereelassignee in a civil, criminal or administrative
proceed'mg, brought under the provisions of any law or regulation related to this following: any
felonyy� revocation, suspension or involuntary transfer o any authorization (including cable
fmnctuises) to provide video programming services; mass media related antitrust or unfair
competition fradulent statements to another governmental unit; or employment discrimination?
If the answer is Yes, attach as an Exhibit a full description of the persons and tter(s) involved, Exhbit No.
including an identification of any court or administrative body and any proceeding y dates and file
eta, ifappikable), and the disposition of such proceeding. N/A
S Are there any documents, instruments, contracts or understandings relating to ownership
ownership rights with respect to any attributable interest as described in
or future X❑ Yes ❑ No
Question
not limited to, non -voting stock interests, beneficlal stock ownership interests, options,
' debetttures)t
2 (including, but
warrants,
If Ye provide particulars In an Exhibit.
See Exhibit V - TWE
7. Do documents, instruments, agreements or understand'rnp for the pledge o
trAwfereelassifnee, as security for loans or contractual performance, provide that-
'stock of the ❑ Yes ❑ No
(a) voting
Will remain with the applicant, even in the event of default an the obligation; (b)
defauk there will be either a private or public sale of the stock; and (c)
rights
in the event of
prior to the
ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC
franchising authority, if required pursuant to federal, state or local law
exercise of any
and/or of the
or pursuant
amfranchiseagreementwill be obtained! Not Applicable
to the terms of
If No, attach as an Exhibit a full explanation.
Ezhit No.
0
SECTION III•TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS
7. The transferee/assignee certifies that it has sufficient net liquid ants on hand or
comra+tted resources to consummate the transaction and operate the facilities for thre
available from ® Yes ❑ No
a months.
Z Attach as an Exhibit the most recent financial statements, prepared In accordance
accepted accounting principles, including a balance sheet and income statement for a
with generally Exhibit No.
t least full
year, for the trsnfseree/assepnee or parent entity that has been prepared in the ordinary
puniness, If such rrnamcral
one
course of VI -
statements art routinely prepared. Such statements, t
ii
publicly avaita le, may be marked CONFiVENTIAL and will be maintained as con
lranch4eaudwrity and Its agents to the extent permissible under locale taw.
not otherwise
dential by the
SEC"ON IV - TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS
Set Forth in an Exhibit a narrative account of the transfereeVassignee's technical qualifiati
and experitse regarding cable television systems. including, but not limited to, summary inf
appropnate I
,experience Exhibit No.
anon about V I I
management personnel that will be involved in the systems management and
a awned usitnee may, but need not, list a representative sample of cable systems Curren
eratlons. The
y or formerly
V=3%rrftrq
42aeYt M2
SENT BY:ATC HEADQUARTERS 3-21-95 : 1:14P11 TIME WARNER 212 333 3987:#13/20
111E-AN
:i. If the a avant is a corporation or a limited partnership, is the transferealassignformed under the YYetaws of, or duty gwiifled to transact business in, the State or other jurisdiction which the system ❑ ❑ No
arrest Not Applicable.
11 doanswer ;s No, explain In an Exhibit
4� Tics the UVIdereelassIgnee had any interest in or in connection with an
cognised or denied by any franchise authority?
11 the answer is Yes, describe circumstances in an ExhibiL
S- 1% an adverse Wind'mg been made or an adverse final Action been taken
administrative body with respect to the tmnsfereelassitne! In a civil, criminal
proceeding, brought under the provisions of any law or regulation related to th
felonyp, revocation, suspension or involuntary transfer of any authorization
franchises) to provide video programming services; mass media related an
eompetltion; fradulent statements to another governmental unit; or employment dis
which has been
by any court or
or administrative
e following; any
(Including cable
titrust or unfair
If the answer is Yes, attach as an Exhibit a full description of the persons and atter(s) involved,
Mciudins an identification of any court or administrative body and any proceeding (by dates and file
numbem if applicable), and the disposition of such proceeding.
t Are there any documents, instruments, contracts or understandings relating to ow iership or future
ownership rights with respect to any attributable interest as described in Question 2 (inctudin& but
not limited to, nonvoting stock interests, beneficial stock ownership interests, a tions, warrants,
debentures)?
if Yes, provide particulars In an Exhibit.
7 Do documents, instruments, agreements or understandings for the Pledge t
transferee/assignee, as security for loans or contractual performance, provide at:
will remain with the appl,cant, even in the event of default on the obilgation; (b;
default, there will be delver a private or public We of the stock; and (c prior to thi
ownership rights by a purchaser at a sale described in (b), any prior consent of the F
franchisitgt authority, if required pursuant to federal, state or local law or pursuant
the iranchue agreement will be obtained? Not Appl f cab 1 e
3f No, attach as an Exhibit a full expianatiom
=ON III -TRANSFEREETSlASSIGNEFS FINANCIAL QUALIFICATIONS
7- The transferedassignee certifies that it has sufficient net liquid assets on hand
cormnitted resources to consummate the transaction and operate the facilities for i
Z Attach as an Exhibit the most recent financial statements., prepared in accordance
accepted accounting principles, including a balance sheet and Income statement for
for the tranfseree/assignee or Parent entity that has been prepared in the on
b s nusines; if any such financial statements are routinely prepared. Such statements,
Publicly available; may be marked CONFIDENTiAL and will be maintained as con
iraauibise authority and Its agents to the extant permissible under iotal law.
SECTION IV- TRANSFEUFSIASSIGNEFS TECHNICAL QUALIRCATIONS
f "stock of the
(a) voting rights
in the event of
: exercise of any
X and/or of the
to the terms of
available from
e months.
with least one
t leone fu
nary course of
not otherwise
dential by the
Set forth bn an Exhibit a narrative account of the transferee's/assignee's technical qualificat ns, experience
and expertise retarding cable television system, includin5, but not limited to, summary in tfon about
appropriate management personnel that will be involved in the system's management and pm
tfons. The
U'ardi� ee may, but need not, list a representative sample of cable systems r formerly
4nme
E!tf
MYes ❑ No
Exhibit Na
IV
❑ Yet a No
tycih7tit No.
❑ Yes ®No
❑ Yes ❑ No
Exhbil No.
® Yes ❑ No
Exhibit No.
Se VI - TW
TW I '
• SECTION V - CERTIFICATIONS
Part I - Tr2mileror/Assignor
All the statements made in the application and attached exhibits are considered material
material Part hereof and are incorporated herein as if set out in full in the application.
l_ V--f—
I CERTIFY that the statements in this aappplication are true Signature
complete and correct to the best of my knowledge and befief and
are made in good faith.
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE Date
PUNISHABLE BY FINE AND/OR IMPRISONMENT. U. CODE, TITLE 18, SECTION 1001. Print full m
Checff
ropriate classification:
Individual r7General Partner
Part 11- Transferee/Assignee
'1Ccj
Officer r--1
ale) _ _ ,
All the statements made in the application and attached Exhibits are considered material rel
material part hereof and are incorporated herein as if set out in full in the application.
The transferee/assignee certifies that he/she:
(a) Has a current copy of the FCC's Rules governing cable television systems. Y
(b) Has a current copy of the franchise that is the subject of this application, and of any applic
related regulations.
(c) Will use its best efforts to comply with the terms of the franchise and applicable state
regulations, and to effect changes, as promptly as practicable, in the operation of the system, if
violations thereof or defaults thereunder presently in effect or ongoing.
I CERTIFY that the statements in this application are true
complete and correct to the best of my knowledge and belief are
are made in good faith.
VALLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE,
TITLE 18, SECTION 1001.
Check appropriate classification:
ILA! . Individual ED Genet Partner
TIME WARN§4 INC.
signature
By:
Date
3/21/95
and all the Exhibits are a
c�
Other. Explain:
and all the Exhibits are a
state laws or local ordinances and
s or local ordinances and related
changes are necessary to cure any
L!t full name
Spencer B. Hays
EDnCorporate Officer
V 1 Cet�resident Other' Explain:
FCC ]!a Wage SI
octeb" 1993
StN Y BY : A I C HF ADQUAR I ERS 1:15pm "r I [W WARiNa gABLE- 212 333 3987 : # 16/20
V-TWI
tion of Documents
to Ownership Rights
In January 1994 the Board of Directors of Time Warner Inc. ("Time Warner") approved a
shareholder rights plan designed to protect Time Warner's shareho ders against abusive takeover
tactics, including acquisition of control without paying all sharelto dens a fair premium, and to
enhance the likelihood that shareholders will receive fair value in y change of control
transactions.
The plan has been implemented by the issuance of one pre
rred stock purchase right for
each share of Common Stock of Time Warner outstanding at the close
of business on January 20,
1994 or issued thereafter until the rights become exercisable. Each
right will entitle the holder in
certain events to purchase one -one thousandth (1/1,OOOth) of a share
of participating preferred
stock at an initial exercise price of $150. Each one -one thousandth
of a share of participating
preferred stock is intended to represent the economic equivalent o
one share of common stock.
The rights plan effectively limits the ownership of Time Warner Common Stock by any
person or group to 15% of the outstanding Common Stock. In January 1994 no shareholder
owned close to 15% of the outstanding common stock or indicated any intention to acquire more
than 15%. The Seagram Company Ltd. announced its intention to acquire up to 15% of the Time
Warner Common Stock solely for investment purposes.
Initially, the rights will be attached to the Common Stock a.
they do not represent any significant value to shareholders. The rij
any -person or group becomes an Acquiring Person by acquiring me
outstanding Time Warner Common Stock, otlier than pursuant to a
tender offer, other than a qualifying offer, for more than 15% of tlx
Common Stock is commenced. In the event any person becomes a
will entitle all holders, other than the Acquiring Person, to purchase
stock at a substantial discount.
In addition, like most large public companies, Time Warner issues ;
employees and others pursuant to conventional stock option agreerr
may enter into or commit to enter into agreements with respect to tl
such as the Registration Rights Agreement and the Stockholder's A;
Agreement and Plan of Merger and submitted herewith as Exhibits
d will not be exercisable, and
its will become exercisable if
re than 15% of the
lualified tender offer or if a
outstanding Time Warner
Acquiring Person, the rights
the participating preferred
,ck options to its officers,
tts and from time to time
ownership of its shares
:ement contemplated by the
StNY BY : A I C HEALQUARI ERS
4 21-85 ; 1:15N : TIME WARNER
tsL:- 212 333 3987;#16/20
V - TWI
lion of Documents
to Ownership Rights
In January 1994 the Board of Directors of Time Warner Inc ("Time Warner") approved a
shareholder rights plan designed to protect Time Warner's sharehol cm against abusive takeover
tactics, including acquisition of control without paying all shareholders a fair premium, and to
enhance the likelihood that shareholders will receive fair value in wLy change of control
transactions.
The plan has been implemented by the issuance of one preferred stock purchase right for
each share of Common Stock of Time Warner outstanding at the elc se of business on January 20,
1994 or issued thereafter until the rights become exercisable. Each ight will entitle the holder in
certain events to purchase one -one thousandth (1/1,OOOth) of a shay of participating preferred
stock at an initial exercise price of $150. Each one -one thousandth f a share of participating
preferred stock is intended to represent the economic equivalent of One share of common stock.
The rights plan effectively limits the ownership of Time W er Common Stock by any
person or group to 15% of the outstanding Common Stock. In Janu 1994 no shareholder
owned close to 15% of the outstanding common stock or indicated i ny intention to acquire more
than 15%. The Seagram Company Ltd. announced its intention to a cquire up to 15% of the Time
Warner Common Stock solely for investment purposes.
Initially, the rights will be attached to the Common Stock an J will not be exercisable, and
they do not represent any significant value to shareholders. The rigi is will become exercisable if
any- person or group becomes an Acquiring Person by acquiring mote than 15% of the
outstanding Time Warner Common Stock, other than pursuant to a ualiiied tender offer or if a
tender offer, other than a qualifying offer, for more than 15% of the utstanding Time Warner
Common Stock is commenced. In the event any person becomes an Acquiring Person, the rights
will entitle all holders, other than the Acquiring Person, to purchase the participating preferred
stock at a substantial discount.
In addition, like most large public companies, Time Warner issues s iock options to its officers,
employees and others pursuant to conventional stock option agreements and from time to time
may enter into or commit to enter into agreements with respect to the ownership of its shares
such as the Registration Rights Agreement and the Stockholder's Ag recinent contemplated by the
Agreement and Plan of Merger and submitted herewith as Exhibits t4ereto.
SENT BY:ATC MAW U.4RTERS � 3-21-95 : 1:16PM TIME WARNER
� 212 333 3987:#17/20
Time Warner Entertainment Company, L.P. ("TWE"), a division
into an Admission Agreement dated as of May 16,1993 with US
Inc. acquired a 25.51 % interest in TWE. A copy of this Agreemei
exhivcv
V-TWE
Time Warner Inc., entered
rest, Inc. in which US West,
is attached.
SENT BY: ATC W-AWUARTI RS •; 3-21-35 : 1:16PM : TIME W WLE- 212 333 3987:#18/20
The most recent financial statements of Time Warner Inc.
reports of TWI attached hereto: 1993 Annual Report to S1
10-K for the year ended December 31, 1993 and Quarterly
ended September 30, 1994.
exhvitwi
VI - TWI
? are included in the following
ers, Annual Reporton Form
on roan 10-Q for the quarter
3MN1 tsT:Ai(; HEADQUARTERS • : 3-21-95 ; 1:16FM TIME
212 333 3987;#19/20
The most recent financial statements of Time Warner Entertain=
are included in the following reports attached hereto; Time Wan
Shareholders, Annual Report on Form 10-K for the year ended D
Report on Form 10-Q for the quarter ended September 30, 1994.
C)d 'twe
VI - TWE and TWE - AN
Company, L.P. (OPME,f)
Inc. 1993 Annual Report to
.amber 31, 1993 and Quarterly
-Fffr BY:ATC HEADQUARTERS 3-21-95 1 16f'M TIME WARNER
212 333 3987:#20/20
VII
Time Warner Inc. and its affiliates wholly and partially own able systems serving a total of
approximately 7.5 million cable subscribers located in 36 states. T me Wamer Cable is the second-
largest.multiple systern cable operator in the United states, Ownir g or operating 22 of the top 100
U.S. cable systems, including Time Warner Cable of New York City, the largest cluster of cable
systems in the country.
Time Warner and affiliates have also entered into agreements to acquire additional cable operations
from Advance/Newhouse, Summit Communications and KBLC M Incorporated. Upon closing
such transactions and the Cablevision transaction, TWI will directly and through affiliated
companies, serve a total of approximately 11.5 mullion cable subscribers.
Through a network of coaxial and fiber-optic cables, Tone
subscribers generally receive 36 or more channels of video prog,
television signals, locally produced or originated video prograr
signals (such as WTBS, WWOR or WGN), advertiser -supported
and CNN) and premium programming services (such as HBO, C
Channel). In some systems, Time Warner also offers audio and <
services.
W er's cable television system
ing, including local broadcast
g, distant broadcast television
vi programming (such as ESPN
he ax, Showtime and The Movie
d entertainment and information
Tune Warner's record in developing technology to expand the entertainment, information and
communications options available on its cable systems is unsur missed in the industry. The
significant achievements of Time Warner highly regarded staff ' areas of technical quality and
innovation have been widely recognized and have been the basis f r numerous awards.
Tune Warner is committed to giving its customers not only a ra array of entertainment and
information choices but also high quality customer service. Timc W imer representatives helped to
develop the National Cablc Television Associations customer service standards and strive to meet
and exceed those standards.
Though all Time Warner cable systems may draw on the expert
recognizes that providing a quality product and good customer
locally. The subject system will be managed by experienced and
level. The office stair who are now responsible for the man%
franchises will continue to operate as heretofore.
techgcv
of the Corporate st: & TWI
rice must be accomplished
dified personnel at the local
ent and operations of the
0
E-4
ORDINANCE NO. jL80
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY,
STREET OR ALLEYWAY AS RECORDED IN PLAT BOOK 1, PAGE 17 AND
PLAT BOOK 2, PAGE 28, PUBLIC RECORDS, OKEECHOBEE COUNTY,
FLORIDA, DESCRIBED AS THAT STREET OR ALLEY OCATED BETWEEN
BLOCKS 31 AND 38 AND BLOCKS 32 AND 43, ALSO DESCRIBED AS S.W.
20TH STREET LOCATED BETWEEN S.W. 3RD AVI NUE AND S.W. 4TH
AVENUE, BY CLOSING SAID STREET OR ALLEY; Al L LOCATED WITHIN
THE CITY OF OKEECHOBEE, AND DIRECTING T E CITY CLERK TO
RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF
TILE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA,
AS FOLLOWS:
SECTION ONE: The alley or alleyway or street described hereaf�er is hereby closed,
vacated and abandoned by the City of Okeechobee, Florida,
The street or alley located between Lot 6 of Block 38, and Lot 1 of Block 43, FIRST
ADDITION TO SOUTH OKEECHOBEE; and Lot 6 of Block 31, and Lot 1 of
Block 32, WOODLAND PARK, also described as that portion of Southwest 20th
Street between Southwest 3rd Avenue and Southwest 4th Avenue, per Plat Book 1,
Page 17, Public Records, Okeechobee County, Florida and per Plat Book 2 Page 28,
Public Records, Okeechobee County, Florida.
SECTION TWO: That this street or alley to be closed shall be suloject to a perpetual easement
along its right of way in its entire width and length, retained by the City of Okeechobee, its
successors or assigns, for utility installation, repair and mainten
SECTION THREE: The City Clerk shall cause a certified copy of
in the public records of Okeechobee County, Florida.
SECTION FOUR: This ordinance shall be set for final public h
1995, and shall take effect immediately upon its adoption.
Introduced for first reading and set for final public hearing
ATTEST:
BONNIE S. THOMAS, CMC, CITY CLERK
MAYOR
Passed and adopted on second reading and final public h
Au ust , 1995.
ATTEST:
BONNIE S. THOMAS, CMC, CITY CLERK
MAYOR
purposes.
e ordinance to be recorded
the 15th day of August,_
18t1i day of July 1995.
E. KIRK
this 15th day of
E. KIRK
JUL 12 '95 14:09 KNERFER *ILLARD,
Knepper& Willr3rd, inc.
Civil . Eilvii!inn�e:ntal f nrlui;,cris
July I2, 1995
INC.
E me
Mr. John J, Drago, City Administrator
City of Okeechobee
55 Southeast Third Avenue
Okeechobee FL 34974-2932
Re: NE 6th Avenue, SE 7th Street and Bi
K&W Project No. 7228_94 g Lake Bank Lift Stations
Dear Mr. Drago:
Enclosed are four (4) copies of Application for Payment No.
Nine Hundred Six DoIIa.rs and Se for fo Cents Payment
90 5 m the amount S'
completed to date as calculated from acts field inspections Sixty -Seven 'Thousand
6•79)• This epresents the amount of work
submitted by CenState Contractors, inc. Materials stored ec site a
P and from the schedule of -values
Inc., recommends approval for payment to the Contractor for the re closed out. Kne er
e above requested amount. Willard,
Jf you have any questions
Please do not hesitate to contact us.
Very truly yours,
KNEPP ' & WILLARD, INC
Daniel S. Willard, P.E.
President/Principal Engineer
>m
cc: Chris Groo, CenState Contractors, Inc.
Wayne E. )ones, City of Okeechobee
7228.PQ5
3030 N. Rocky 1'olnt give West
Suite 185
fampcy, Florida 33607-5905 HllsbOlOugh
nemas (813) 281-0120
F (813) 821-3291
(813) 281-1156
n—'JUL 12 aS
14:09 KNEFPE WILLARD, INC.,••,r:•c
ATTACHMENT No, 1P. 214
*��,nrn�
At
APPI ICATION YOR PAY
'tip City
ot_ c)lceechot�ee".,r• ��.3�,.,-t r t:r,,, x..Nx',NO...._ F�
Nr�1 t;lteast Sixth Avet,tie .L .
Ctmtract for_�L'�ttj�nrt fSE-2} Laki
if�'St�tiott rt1VR-1};' SUS
I3i, a flist.l:.L-!•• *. _ . .
iREVJSED)
(OWNER)
,heast Seventh Street Lift
UWNFlV,Ctt,tn:,ct No. PU-07-00-07-94 "�" Statjof] SE-6
ENGINEEP"s Project N , 745-92/7220-93/7227-9r4
For 1t'c►rk ;tccnmltli.;hcr! through the date of Ma
� 31. 19A5 • •
rrlam
S
Sa;F M"FAC3111?•1)
41.4,4;3Fi•2i
Tiit:tt
(Orig- conh:•tct)
C.O. No. I
C• 0. No. 2
CONTRACTOR'S Schtduie of Values '
Unit Price Quantity Amount
S
Work Completed
Quantity Almourtt
Accorttpnnytilp t)ocumentntion: 1,
. 1 1
_ Se9 gttaC1i9!1 Scliedu.le of GROSS AMOUNT DUE .
-Ysjsip�(xwq rr� LESS 10 %RETAIN ,.,,..r
-......__... .:........
_....... AMOUNT DUE AGE ...............
LESS PREVIOUS PAYMENT'S
AMOUNT DUE THIS APPLICATION
CON'l'RACT'U!t', Ccrtifcltion: .
I he undcrsil;ncd CONTRACTOR Certifies that: (1) till previous progress'pa rite t
accotmt of Work clone under the Contract referred to above hwe been applied l
of CON-I"12AC7(�IZ incurred in connection with tiVotk covered b y n S
through o di;
Work or other wise 1 sled in or coveredby 'Application() title to ll Work, Materials and tqt
face :tact clear or all liens, cl;tirns, security interest and encumbrances (except suc
for Payment will pass to C
acceptable to OWNS
nrtct R indemnifying OWNER Against any such lien, claim
(3) all W"rk covered by this A y , h thi t�
�l�fec1r,'c as tl►at ter•rn is dertned in tite Contract Documents.
pplication for Pa meat is in Accordance with tlttd C
By _ 14�N /V z
B. Scott Short (Authorized
pa3'utcnt of the abnve AMOUNT. DUE THIS APPLICATION is recommended,
J)ntcd
S 358 342.20
$b0 .
---kz�
received from OWNER on
'harge in full all obligations
3 for Payment numbered I
ipment incorporated in said
WNER at time of payment
t as nre covered by Bond
interest or encumbrance);
,ntract Documents and not
lure)
ByI�
1-i.1C►,)(.' No. lyt()_R p (1990 F,tlitiott) (Authorized Signature)
t'rer„rcct toy rttR [i„R;noere Joint Contract Aocuments Committee and endorsed by The As soctated CcttcraJ on1r5rtn.
of America.
M'i
1.9
P.
SC - 8
Work Completed
Quantity Almourtt
Accorttpnnytilp t)ocumentntion: 1,
. 1 1
_ Se9 gttaC1i9!1 Scliedu.le of GROSS AMOUNT DUE .
-Ysjsip�(xwq rr� LESS 10 %RETAIN ,.,,..r
-......__... .:........
_....... AMOUNT DUE AGE ...............
LESS PREVIOUS PAYMENT'S
AMOUNT DUE THIS APPLICATION
CON'l'RACT'U!t', Ccrtifcltion: .
I he undcrsil;ncd CONTRACTOR Certifies that: (1) till previous progress'pa rite t
accotmt of Work clone under the Contract referred to above hwe been applied l
of CON-I"12AC7(�IZ incurred in connection with tiVotk covered b y n S
through o di;
Work or other wise 1 sled in or coveredby 'Application() title to ll Work, Materials and tqt
face :tact clear or all liens, cl;tirns, security interest and encumbrances (except suc
for Payment will pass to C
acceptable to OWNS
nrtct R indemnifying OWNER Against any such lien, claim
(3) all W"rk covered by this A y , h thi t�
�l�fec1r,'c as tl►at ter•rn is dertned in tite Contract Documents.
pplication for Pa meat is in Accordance with tlttd C
By _ 14�N /V z
B. Scott Short (Authorized
pa3'utcnt of the abnve AMOUNT. DUE THIS APPLICATION is recommended,
J)ntcd
S 358 342.20
$b0 .
---kz�
received from OWNER on
'harge in full all obligations
3 for Payment numbered I
ipment incorporated in said
WNER at time of payment
t as nre covered by Bond
interest or encumbrance);
,ntract Documents and not
lure)
ByI�
1-i.1C►,)(.' No. lyt()_R p (1990 F,tlitiott) (Authorized Signature)
t'rer„rcct toy rttR [i„R;noere Joint Contract Aocuments Committee and endorsed by The As soctated CcttcraJ on1r5rtn.
of America.
M'i
1.9
P.
SC - 8
J1JL 12 ' 35 14 10 I<NEPPEFW --
ILLARD, INC.
P.3/4
\9407PAY.=
'IIt & WILLARD F1�X1EC1': B**CF ASST ST S OONIRAG'[> NC. ►
N, INC. IXTH AVE. LIFT A7TON PAGE 2
MMW*IPA, F L XXY7 TNP fxl. , t3MIZ 185 SEVFNI>{ LIFT STA77ON OF ---- -_-
813-281-0120 , AND BIG LAKE NA17CM MW IFT STATION CITY OF QO�MFII>ftI
PBu
PAY RIMAa�: :E ND.: Five(REVISED
April 8 - Ma 1 995
DrSfr �Prlary BID :UN173! IHFCUG r:
• : QTY. UNiT BID C T,1. + T11iaf,X lfI VAt li;
• = PRICE AFC• PLOD THIS PERIOD OF
=
1 :MIBILIZATION QlyI7fM5
De )BIl,,Z. "Co LS % �• %
I1, 700.00 ; ai`7Fi'EIFl?
A :N 1 AVE. L.S. ; 0• 60.00 0.90 90.00 . 10►530.00
STRUC'I W
'8 : VAI VE STRUL'IUEtE = 1.00 ; .
LS = 28.250.00
r 1.00 : LS 28.250.00 : o.90 :l'ft+lE'S & PIP.CNa; 3,000.00 : 3,000,00 : �.00 0.90 90.00 : 25.425.00
'D :ELEC jprCAL & HW 1.00 : LS 33,000.00 1 • 100.00 1.00 100.00 :
1.00 33,000.00 1.00 100.00 3►000.00
9,000.00 : 9,o00.00 1.00 100.00 : 33
A :S.E. 771l ST. L.S. 0.67 67.00 0.67 67.00 6.00.00
'Wt~ZWFlL S7EtlX:'IURF .
IB :VALVE SMUC',"E 1.00 LS 42,350.00 42,350.00 .
iC .:P114S & I IPINC, 1.00 : LS 5,000.00 ,350. 0.75 75.00 : 0.85
1.00 : CS 74.000.0U S,000.00 0.90 85.00 : 35,997.50
tD :Fi,>:f;lRlCtU. & RIU 74,000.00 : 90.00 : 1•00 100.00
1.00 : IS 0.30 30.00 : 0.90 90.00 : 5'600.00
IS►000.00 : 15,000.OQ : 0.50 50.00 : 66,600.U0
4 :BIG CAKE NAr#L. PIAW L.S. : o.sQ 50.00 : 7,SQQ.00
:B :VALVF S71tilCM 1.00 : CS : 20,800,00 : 20
'C :fY� & PIPING 1.00 LS 3,000.o0 ; .800.00 : 0.90 90.00 : '
3,000.00 : Q.90 90•00 : 18,720.00
,D :ELEC7RICA[, & 1tIU 1.00 : LS 33,000,00 : 33,000.00 : 0.90 90.00 : 1.00 10o.00
1.00 : LS z 9,000.00
s 0•90 90.00 : 1.00 100.00 : 3,000,00
5 :LRIVEWAY 9.000.00 0.67 67.00 : 33,000.00
•A :PAVED 0.67 67.00 : 6,030.00
'A :SHFlJ D • 17.00 SY 25.00
76.00 425.00
6 :NLW (SAX 13.75 19045.00 : 76.00 00.00 : 7b. O.00 : oloo
� 0.00 Sy
C>0 ]00.00 1►045.00
7 0.
:mAvM & LANESCAPE C1AII1 405 Q.00 0.00 0.00 0
(RAM'00 = Sy = 13.65 '00
CMM (NE 6 & SC 7) 51528.25 : 564.10 .
• 1 9.28 : 564.10 139.28 7,699.97
8
:LANf15CAPIN(; (BIG CACF)
A :SOD
B •,F 650.00 : Sy 1.60 : 1,040.00 • 105.00 : LF 9.10 : •00 : 250.CO 38.46
:FENCE 955.50 .00 : 105,00 100,00 400.00
320.00 LF : 955.50
. ; .
1 :►dAIER MAIN :ll'CtfNF7�20.00 6.400.00
QV1S - •00 28U.00 87.50 5,b00.0U
IA :4-INCFI ;
S :6-INQi Pvc 170.00 : LF
LF 9.85 : 1,674.50 47
C .Ram. FIRE Ifmwr (mm) �'� 31.45 : 76.00 .71 76.00 44.7I
1.00 : LS 1.887,00 52.00 86 67 : 748.60
400.00 : 400,00 : 52.00 86.67 : 1,635.40
:MAV17Y SEWf3t Ii�+Bljyp,�15 : 1.00 I00 00 1.00 100.00 �i00.00
1 :8-11W
7f TV; •
0-6 MT rAgnil
:8-10 F"T ►>F1"1FI 380.00 : LF 13.50 : 5.130.00
0.
68.00 5,440.00 : 77.00 %. 231.00 60.79 : 3,118.50
: 90.00 : 101.00 : 5 : 77.00 96.25 9,090.00 : 0. 43.00 5,23h.00
47.78 : 4.343.00
13
JUL lc
11 KNEPPEFOWILLARD,
P.4i4
.: \9407('Ay.ja)
M.�1'PR A, W[[j.MO, iN(.'. Mjmr: N7R'1
030 N. ' SIXTH ACEWMTE V�AC)1LIF ]
ICY 1'DI1VP Ixt., SZf171? 185 AVE. LIFT S
*IPA, M 3:7607 ����� ST• LIFT'
813-2RI_012p OVAL BANK I
PAX
CITY OF ate, f' UAUDA
MRrES'1'BH IE NO.: Five (REVISED,
----__ ---_ __ PERIOD: Agri
TF3t: �CRIPnnN .
rl - BID �Ulvrtsr :CU-VET
i,• UNIT BID
PRICE Amowr lra►Si
:f7tAVi {y SFwm
ID :%{-INC�i UIP 12����N1S
IC :12-INC1t DIP 8-1p DFJMI: 25.0p : IF =
25.00
1D :16-INq{ DIPS FT DFP1H 30•00 : 125.00 : 3,125.Op
118.00 : 30.00
IE :SF.RvICE IA U1 ALS 1)E['7H 100,00 : LF 83.00 : 3,540.00
2 2.00 FA 250.09 : 8,30 .00 113.00
;MAtylb[,'S
2A :FURNIS{1 & INSTAU,
1 :0-6 FEET 1>Fp[H
2
f'1J.'!' jn n,l 1.00 FA : 1,+5M.00
3 :8-10 mr De.'m 2.00 : FA 1,945.00 ; 1,580.00
28 :1-ty)p M/t{, 11-14 FP IN llf 1,00 ' EA = 2,350.00 3.89D.00 2.00
'C :EtFiIlIFlILITii'IE EXISTING M/EI FA 2.350.00 : 1.00
3.00 3,900.00 : 3,900.00 .
j :SEW�;F FQRCB M4IN 1,550.00 4,650.00 : 1.00
JA :6--INCM J)Tp ,
18 :8-IN(F1 DIP 425.00 LF .
25.00
3C :12-INC71 DIP 295.00 : 1.F 33.00
: 10,625.00 : 36I.00
' 210.00 : LF 5 :LAKri) 9,735.00 297.00
ALVXS 21I.00 1I(VALvrs, v480) 1008000
:6-IMj (RTC(XNM t
. 3.00 : EA 425.00
1,275.00 3.00 10
:L'XTIl,P .[AC1N FITTINGS -
0.50 : 7N 5,726.00 ;
' : >)F')LIZ I(JN OF FXTS7', 2, 863.0p -' 1.136 22;
M' 6711 Aviv. 1.00 Is 7, 700
.00
DF1�>7f.ITION (*' F7CTSP. 7.700.00 : 0.90 m
-Sr,7111 ST L. s,
:rOMITION OF EYiSTB'G 1-41T NAM RAW
: JN[)DJvIFICATION
'JACK &
7EMAF.
1.00 s Ls
1.00 : IS
1.00 : LS
60.00 : LF
I
10,300.00 , 1
3,900.00 .
I0.00 ;
22.00 : 1
0,300.00 :
3,900.00 .
10.00
,320.00
$415.758.25
0.I0 10
O,
1.00 100.
o.i
87117TON
5
PAGE 3
OF --"-
7NIS MOD
----.__D ..
OF
- X
I
M'11FD
100,00 : 25.00 100.
100.00 : 30.00
3.10. 00
1()0.0()3
113.00 : 113.00 11.3.00
54 00
0.00 2.00 100.()0
9',379.00
500.00
0•00 : 0.50 50,00 :
100.00 : I.00
790.00
50.00
Oq.00 : 0.50 50.00
1,9�i5.00
0'00 0.50 50.00
33.33
1,175.00
1,95p.00
1,00 33.33
1,550.00
V+• 94 361.00 84.94
0.68 : 297.00
9,01.00
100.68 :
D.48 : 2I1.00 100.48
3►801.00
:
.
10,128.00
1•00 ? 3.00 100.00 :
1,275.00
•20 1.136 227.20
6.504,74
'00 1.00 100.00
• 7,700.00
00 .
0.10 1000 ;
• 11030.00
30 1.00 100,00 3,9cX1.U0
10 : 1.00 100.00
10.00
D:
0.00 :
0.00
$358,.342.20
•
CITY OF OKEECHOBEE
MEMORANDU
TO: JOHN DRAGO, C.A.
DATE:
THRU:
SUBJECT:
THRU:
FROM: KEITH TOMEY, F.C.,
The repairs on truck No. 5 have been
estimated completed and the trot
cost of having the truck repaired was more than I t
Ray Domer had estimated. The work had to be done, and thei
What the actual cost would be without taking the truck a
removed, there was more damage to the sub frame than had I
braces that held the sub frame to the body were broken at tt
and the front of the body had fallen more than two inches.
In a previous memorandum, I stated that the estimate was abc
($4,000) and stated this amount could probably be covered in
final amount of this repair came to eight thousand four hundred
fifteen cents ($8,483.15). 1 believe this amount is not out of fin
to the job and saw the extent of work that needed to be done. i
With the professional manner and personal care that was put in
I realize this amount is above what we can authorize, and I hope
have a problem with paying this amount. As I stated in the previc
way to know the extent of the repairs needed was to remove the
from Ray Domer was the best he could estimate at the time.
JULY 12, 1995
ENGINE #5
is back in service. The
I planned or more than
was no way of knowing
When the tank was
en expected. All of the
welds (except for two)
four thousand dollars
is year's budget. The
ghty three dollars and
as I made daily visits
as extremely pleased
the job.
City Council will not
paragraph, the only
c first. The estimate
E-
Office of the City Clerk & Personnel Department
MEMORANDUM
TO: Mayor and Council
THRU: John J. Drago, City Administi
FROM: Bonnie S. Thomas, City Clerk
Attached is a Street Closing Application completed by Watford, �c.
DATE: July 12, 1995
SUBJECT: Street Closing
Application No. 47
Florida, Power and Light would require and easement should this street be closed. Public
Works opposes the street to be closed due to drainage. Public Utilities is requesting the
water line be relocated at an estimated cost of $4,500.00. Thep lice Department is also
opposed to closing the street (see attached page 3 for their comet ntc)
Should Council decide to grant the street closing, a motion woul be needed to instruct
Attorney Cook to draft an appropriate ordinance and bring back to the Council for firstreading.
Your attention to this matter is
/19
m,vLIrVH 1 L;0 ) 1 I tkzra 1 "r-VULb 1 L1J 1 U tat GLUSLV.
INDICATES CLOSEATREETS IN AREA. 0
INDICATES CLOSED ALLEYS IN AREA.
INDICATES PROPERTY OWNED BY APPLICANT
alb ♦ J 2 1 45 i 1 3 2,1 10 Y a / _j jZ_ D e l e 0♦ J 7 1 , 111 D e 7 a S 1 J/ l \\.
r 14_
�- O 13 I 7 21 11. 1 171 1 10 LI - ^ 2 1
# --e- to
Z
z 4H
NE 10TH ST (100') <
r
�.1 ♦ J 2 1 el ♦t !II 10 G e 7 1 1 2 1
z
_14 < i
-! 71 t 21 2J qN
! 7t �� I Itl 171e 1G zo it � ♦ � ♦ � e
6 la
94 ST 70 Z
I A IION IN(,. RAILROAD
li
i—_
12
2
^_
t1
3
_
IJ�
17 7 17 7 _ 17 [ 7 ] [17 J[7_j [ 17
---e `e i ---ls- l -e-1 l ie_-11 4 I 11 to
11
1
11
1
_ 13_J
15
N N pill
mo
m
a
(F/K/A S.A.L. R.R. R/W)
\A�
(, \�
1
n 7
HIM .11
:ma-101 loll I
0
HE
ow �
��J 1 I1 ! tl fl 111 1 8 9 111
n d IC 111 , tl 9 I III I D B 11 a Il n LAN
�\ e s 4 J 7 1 ]♦ S e 7 P Q C ---8 ---
._� - —9— 0 FE
-1 7-1 r-I I 2ND ST 7D f I1-
Cf ■
CA OF OKEECHOBEE*
STREET OR ALLEY CLOSING APPLICATION
SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT:
ord,
The foregoing instrument was acknowledged before me this (DAyI S _ by
John E. Burdeshaw and A),n who Is personally known to me or who
(APPLICANT) (CO -APPLICANT)
produced _n/a _ as Identification and who did (d n%t) take an oath.
(TYPE OF IDENTIFICATION), ,!:'�'?, CAY BOYD
n
/ Wary y F'u N, S;A 0l Florida
C� _Notary Public, Co issio 9y r al e�. e.� ,� -
(SI ^ATUIRE) "�';' ° Comm. No, CC 344115
_(Name of Notary typed, printed or stamped)
Page /
J o E`e 2, Lo Ptei— - Vcg6 j o erz-
TYPED NAME & TITLE
TYPED NAME & ffLE
AUTHORIZED SIGNATURE
TYPED NAME & TITLE
3
The City has a water line in the alley from NE 6 Ave to
NE 5 Ave, then turning South on NE 5 Ave, then West on NE
i 4th St. Before the City allows closing of NE 5 Ave I would recommend that Watford be
' required to replace this line with one on NE 4 St from 5th Ave to 6th Ave usinq our unit
price contract, estimpted•cost ou be $4,5Q0.00 *See att.ach9�7TP-
AU 1 HUHILtU ZHUNA 1 UH t UA I t
Chuck Elders, Public Works Direct
TYPED NAME & TITLE
Do not recommend closing NE 5th Avenue due to the
possibility of future needs in the undeveloped area.
7/12/95
NO Z NATGRE DATE
Larry Mobley, Police Chief
TYPED NAME & TITLE
No objections to closinq the street.
7/7/95
RE AUTHORIZ D SIG NA DATE
L. Keith Tomey, Fire Chief
TYPED NAME & TITLE
APPLICATION APPROVED BY:
BONNIE S. THOMAS, CMC, CITY CLERK PATE
�Pao � '5
CITY OF OKEECHOBEE
MEMORANDUM
TO: John Drago , DATE: July 5, 1995
THRU:
FROM: Wayne Jones SUBJECT: Road Closing
In response to Watford Trucking's request to close N. E. Stli
Street to N. E. 5th S SthtAve Avenue,City
thenhas
turning South outhe
N$E alley,
5t �E
Gth Avenue to N. E
N. E. 4th Street:
Avenue from N. E. 4th
attached), from N. E.
.venue, then West on
Before the City allows closing of N. E. 5th Avenue I would recommend that Watford
be required to replace this line with one on N. E. 4th Street from N. E. 5th Avenue to
N. E. Gth Avenue using our unit price contract, the estimated ost of which would be
$4,500.00
Y(iJ' 3 a
M1.
} 8i9 Jnd .i.' --
I" Oil d „Z
.-�
N
2
N
Cl
O,
a
to
r
ID
ID
I —
J, AV HL� 7i
YAV IM9
N
ID
vAV Ili,
I
rJ I -ffif 50,Z dO 08l
CJ CO
OFFICE 813 763-4525 I&
Wallaral cYizc.
ESTABLISHED 1939
DEALERS IN FEED AND G
July 18, 1995
City Council
Okeechobee, FL 34974
Gentlemen:
The city clerk's office was courteous enough to
the department heads comments on our request of t
portion of NE 5th Avenue between Blocks 112 ai
could respond to them.
SHOP 813 763-8108
,61 k -
give us a copy of
he closing of that
id 113 so that we
We are willing to cooperate in every regard to do the things
necessary to satisfy your department heads.
First, as to Florida Power & Light, we have already stated that we
would be willing to give an easement as they requested.
As to your public utilities department, we wo ld be willing to
replace the pipe at the proposed expense.
As to your public works department - there i no ditch in the
avenue, it is only a very low area and when excessive rains come
and the water gets high enough, the water then rins into a culvert
on 4th Street. We would be glad to give the city an easement so
that a proper ditch can be installed and maintained, helping drain
the property to the north of these blocks.
We note that Chief Mobley objected because of the possibility of
future needs in the undeveloped area. This avenue has never been
used. Neither has the avenue been used to the immediate north
between blocks 87 and 88. It is open in the next block north, and
leads directly into the property owned by Ranch Fertilizer, zoned
industrial. To open this avenue would give the industrial
businesses in that area another avenue to use through this area.
Our concern was the safety in the area. There were several people
at the recent meeting when the zoning of block 112 was changed.
Their concern was safety. We pointed out to the council that the
traffic is only on 4th street, and to open an ave ue that has never
been developed, lying directly between two comme cial blocks where
MAILING SNOT
O FI•IC6
P• O. BOX 393 501 N. E. 47H 3TRZKT 201 S. E. GTH AvtNuc
OKEECHOBEE. FL 34073 OKEECHOBEE. FL 34072 OKEECHOBEE. FL 34074
tractors and trailers are kept would seem to be
problem. We assured the council and the neighbor
fence in block 112 for the storage of trailers.
to be in the best interest of all citizens to fe;
and have traffic only come out the south end of
on to N.E. 4th Street.
As stated earlier, we stand ready to cooperate i
those things necessary to see that each departmi
answered with positive action on our part.
Sincerely,
ohn E. Burdeshaw
causing a safety
i we were going to
It appears to us
Lce in both blocks
docks 112 and 113
every way and do
is concerns are
TO:
CITY COUNCIL
DATE: J
LY 10, 1995
THRU:
JOHN DRAGO, CITY ADMINISTRATOR
SUBJECT:
FY 95/96 BUDGET REQUEST
THRU:
FROM: ROBERT M. DELORME, FINANCE DIRECTOR
1. THE ATTACHED BUDGET CONTAINS MY REQUEST FOR THE
EXPLAIN THE VARIOUS LINE ITEMS WITH SIGNIFICANT DIF
2. I HAVE INCLUDED $3,000 FOR EQUIPMENT. THIS WILL BE USE
COMPUTER CURRENTLY USED BY THE FINANCE ADMINISTRATIVE SECRE
OF RUNNING WINDOWS PROGRAMS. MANY OF THE RECORDS MAINT
PROCESSED AND ACCESSED QUICKER WITH A MORE MODERN COMPUT
3. THE CATEGORIES OF "TRAVEL AND PER DIEM" AND "EDUCAT
ATTENDANCE AT THE FGFOA'S ANNUAL INSTITUTE IN NOVEMBER
4. THERE ARE SEVERAL INITIATIVES WHICH I WOULD LIKE TO
FISCAL YEAR. I WILL ATTEMPT TO
FROM THE CURRENT BUDGET YEAR.
TO PURCHASE A NEW COMPUTER. THE
ARY IS VERY SLOW AND NOT CAPABLE
[NED BY LYDIA CAN BE RECORDED -
HAVE BEEN INCREASED TO ALLOW MY
THE ANNUAL CONFERENCE IN APRIL.
WITH THE NEW FISCAL YEAR.
(A) I WOULD LIKE TO BRING THE PAYROLL FUNCTION IN-H USE. I HAVE LOCATED A SOFTWARE
PACKAGE THAT WOULD ONLY COST ABOUT $125, BUT CONTAINS ALL TiE FEATURES NECESSARY TO MEET THE
NEEDS OF THE CITY. BY DOING THE PAYROLL IN-HOUSE, I ESTIMATE THE CITY COULD SAVE A MINIMUM
OF $3,500.
(B) I BELIEVE THE PAYROLL CYCLE SHOULD BE CHANGED TO EVERY TWO WEEKS INSTEAD OF EVERY
WEEK. THERE ARE VERY FEW EMPLOYERS THAT PAY ON A WEEKLY BASIS; THIS IS DUE TO THE COST
ASSOCIATED WITH PROCESSING PAYROLL. ALL CITY EMPLOYEES WOULD BE ON A SUNDAY TO SATURDAY WORK
WEEK AND WOULD BE PAID THE FRIDAY FOLLOWING THE END OF EACH PAY PERIOD. THE IDEAL TIME TO
IMPLEMENT THIS WOULD BE ON OCTOBER 1, WHICH IS ON SUNDAY THIS YEAR AND WOULD BE THE START OF
A PAY PERIOD. THIS WOULD REDUCE THE COST OF PROCESSING PAYROLL AND FREE UP VALUABLE TIME FOR
OTHER FUNCTIONS.
(C) I WOULD LIKE TO IMPLEMENT SUNBANK'S BUSINESS EXPRESS CASH MANAGEMENT PROGRAM.
UTILIZING THIS PROGRAM, WE WOULD BE ABLE TO OFFER CITY EMPLOYEES THE OPTION OF DIRECT
DEPOSIT. IT WOULD ALSO ALLOW REAL TIME ACCESS TO ACCOUNT INFORMATION, ALLOW TRANSFERS
BETWEEN ACCOUNTS WITHIN SUN BANK AND PROVIDE OTHER MISCELLANEOUS SERVICES. INTERNAL CONTROL
INTEGRITY WOULD BE MAINTAINED BY THE ASSIGNMENT OF DIFFERENT LEVELS OF ACCESS CONTROLLED BY
PASSWORDS. USE OF THE BUSINESS EXPRESS CASH MANAGEMENT P OGRAM WOULD BE CONTINGENT UPON A
FAVORABLE "PRO FORMA ACCOUNT ANALYSIS STATEMENT"., THE TATEMENT PREPARED LAST YEAR WAS
FAVORABLE TO THE CITY, WHICH TRANSLATES TO NO COST FOR TH S PROGRAM.
CITY OF OKEECHOBEE 1995/96 BUDGET
07/05/95
YKUCit(AlVl: J1J 1+11rA1\�,L('�l, ►� n r i�-�u►�
LINE ITEM DETAIL
ACCOUNT 1993/94 1994 95 1994-95 1995-96
NUMBER DESCRIPTION ACTUAL BUD ET ESTIMATE BUDGET
PERSONNEL COSTS:
1100 EXECUTIVE SALARIES
$40,805
$34,190
$36,339
$29,000
1200
REGULAR SALARIES
$18,698
S19,000
$19,000
$19,000
1500
SPECIAL PAY
$4,558
$4,740
$4,740
$4,740
1510
LONGEVITY/SERVICE INCENTIVE
$2,700
$1,200
$1,200
$1,200
2100
FICA
$4,276
$4,160
$4,236
$3,764
2200
RETIREMENT
$532
$480
$433
$1,392
2300
LIFE AND HEALTH INSURANCE
$3,716
$4,400
$5,990
$7,045
2400
WORKMAN'S COMPENSATION
-$238
$300
191
$349
2500
UNEMPLOYMENT TAXES
$298
$800
$800
800
TOTAL PERSONNEL COSTS
$75,047
69,270
$72,928
$66,490
SUPPLIES AND OTHER SERVICES:
3200
ACCOUNTING AND AUDITING
$18,786
$25,000
20,514
$24,000
4000
TRAVEL AND PER DIEM
$0
$350
400
$700
4100
COMMUNICATION & FREIGHT
$973
$1,200
879
$1,100
4901
EDUCATION
$114
$300
270
$600
4909
MISCELLANEOUS
$7
$100
75
$100
5100
OFFICE SUPPLIES
$2,438
$1,200
1,600
$1,500
5400
BOOKS, PUBLICATIONS, ETC
$276
$250
15
$250
6400
EQUIPMENT
$0
$0
0
$3,000
TOTAL SUPPLIES AND OTHER SERVICES
$22,594
28,400
$23,753
$31,250
TOTAL COST $97,641 �97,670 $96,681 $97,740