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1992-06-02 Regular MeetingIt� OKEEC Ark = 1� ram,.{• �� 57 + C I T Y O F 0 K E E C H 0 B E E C I T Y C O U N C I L M E E T I N G JUNE 2, 1992 - 7:00 P.M. Page 1 of 6 J IJl"J1' 1 VL• VV{J L�V1L AV11VL� COUNCILMEMBERS ACTION VOTE YES NO A. Call meeting to order June 2, 1992 at Mayor Kirk called the meeting on June 2, 1992 at � 7:00 Y.M. 7:00 P.M. B. Invocation offered by Rev. Stephen Cartner Invocation offered by Reverend Stephen Cartner; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the Pledge of Allegiance. C. Mayor and Council attendance: Mayor James "Jim" Kirk Present X Councilmember R.R. "Nick" Collins Present X Councilmember Danny Entry Present X Councilmember Jerry E. Walker j� Present X Councilman Dowling R. Watford, Jr. Present X M Staff attendance: Attorney John R. Cook Present X Administrator John J. Drago Present X Clerk Bonnie S. Thomas Present X Deputy Clerk S. Lane Earnest Present X D. Motion to dispense with reading and Councilmember Collins made a motion to dispense with reading and approve the Summary of Council approve the Summary of Council Action for the regular meeting of Action for the regular meeting of May 19, 1992; seconded by Councilmember Entry. May 19, 1992. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. June 2, 1992 - Regular Meeting - Page 2 of 6 COUNCILM6MBFRS ACTION VOTE YES W KW REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. None. E. NEW BUSINESS 1. Motion to approve Mr. Andrew Silvas I Councilmember Collins made a motion. ;.o approve Mr. Sn drew Silvas 1 i I as a regular Meter Reader and Mr. as a regular Meter Reader and Mr. Angel Sauceda as a regular Water Angel Sauceda as a regular Water Treatment Plant Operator; seconded by Councilmember Watford. Treatment Plant Operator - Director of Public Utilities. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. F r r 2. Motion to approve two Utility Councilmember Watford made a motion to approve the Utility Agreements, one for water and one Agreements, with Mr. Ed Rocky for water and wastewater; seconded for wastewater, between the City by Councilmember Walker. and Mr. Ed. Rocky - Director of Public Utilities (Exhibits 1 and 2). The agreements are for fourteen thousand gallons per day capacity allocation for water and wastewater. The proposed mobile home park is located at Northwest 46th Avenue, the line is being extended from Seminole Elementary School and the developer has nine months to connect to the water and wastewater lines. KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. lump 2_ 1992 _ RPnular MPPtina Pane 3 of 6 VOTE E. NEW BUSINESS COUNCILMEMBBRS ACTION YES Nv Councilmember Walker made a motion to approve an Interlocal Agreement between the City and County for Local Option Gas Tax 3. Motion to approve an Interlocal Agreement between the City and County for Local Option Gas Tax Proceeds; seconded by Councilmember Collins. Proceeds - City Administrator (Exhibit 3). KIRK COLLINS X X ENT : x WALKER WATFORD � X } MOTION CARRIED. 4. Discuss Comp Plan revisions for Public Utilities - City Administrator (Exhibit 4). Councilmember Watford began lengthy discussion concerning the update of the City's Comprehensive Plan regarding Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Ground Water Recharge Elements that were sent to special Counsel Mike Morell, engineers Reese, Macon and Associates and Knepper and Willard for review to give a cost estimate which totals seven thousand five hundred dollars. Administrator Drago recommended that the expenditure be authorized as did Attorney Mike Morell in order to protect the City's interest since this has been apprised a problem area. Councilmember Collins made a motion to authorize the expenditure i up to but not to exceed seven thousand five hundred dollars for the two engineers Reese Macon and Associates and Knepper and Willard and attorney Mike Morell to perform the update to the Comprehensive Plan regarding Sanitary Sewer Solid Waste Drainage, Potable Water and Natural Ground Water Recharge Elements; seconded by Councilmember Entry. Following further discussion on a time table and how often the City is allowed to amend its Comprehensive Plan (twice per year), vote on the motion is as follows: KIRK COLLINS ENTRY WALKER WATFORD X X X X X MOTION CARRIED. June 2, 1992 - RequlaR Meetinq - Page 4 of 6 VOTE E. NEW BUSINESS COIINCILMFMBFRS ACTION YES NO kTNT Councilmember Collins began the discussion concerning re - implementation of a pay schedule consisting of thirty-six months for wastewater customers who need to pay their connection fees to the City's Wastewater Collection System which the City had 5. Discuss extending the payment plan for wastewater service - Council- member Collins. adopted twice in the past but adopting it with a sunset date. Couuc. iwembei Collins wdde a motion Lhat we (the Council) extend the seven hundred sixty-five dollars for the City and whatever it is for the County hook-ups until we (the Council) decide that it is not feasible for the City to continue with the program not set it in a certain date to cut it off. Just say until we decide it is not feasible to continue the program; seconded by Councilmember Entry. Further discussion was held by Attorney Cook, Clerk Thomas, Council and Administrator Drago. Council instructed the Administrator to draft a resolution with the payment plan as presented and passed before, excluding a sunset or cut off date and present it to the Council at the next regular meeting for Council to consider. Councilmember Entry withdrew his second to the motion on the floor. Councilmember Collins then amended his motion to instruct Administrator Drago to draw up a resolution stating the facts I just said in the other motion that we extend this courtesy" our people, City and County and do not limit it. Put it on an unlimited time basis until this Council or whatever Council is here decide that is not feasible to continue with the program; seconded by Councilmember Entry. k Councilmember Watford opposed the motion due to the facts that j in the past when the payment plan was offered it was done f because the Council felt they were putting a burden on the public since they currently had proper septic tanks and various other special circumstances. lump 7. 1gg7 - Rpoular Mpptina - PaoP 5 of 6 E. NEW BUSINESS COUNCILMEMBERS ACTION VOTE YES iscussion ensued concerning rebates and problems in the past 5. Councilmember Collins continued: with the payment plan and the number of customers who were currently on the payment plan, those paid and those who have not done either. Vote on motion is as follows: IRK X COLLINS y ENTRY I X WALKER X WATFORD X MOTION CARRIED. 6. Hear from Mr. Marvin Wheeler - Mr, Mr. Wheeler _ requested that he be allowed to give some of Marvin Wheeler (Exhibit 5). his time to address the Council to Councilmember Collins upon his request, in order for him to address the Council, on the same subject of continual complaints concerning the City/County Building and Zoning Department. Councilmember Collins began by giving three examples of citizens of the City that have had several complications in obtaining a permit for various reasons. He further stated that he would like to see changes made in the way the department is being run, it seems there is an internal problem and it is causing unnecessary problems for citizens. Councilmember Collins also commented that if the problems could not be addressed that the City should take their building department back. Following a lengthy discussion among Council, Attorney Cook and citizen Marvin Wheeler, Mayor Kirk cautioned that if the City is going to consider taking back the building department to ask: Where are we going to move it? Who is going to run it? It is not something that can be done halfway. That department would have to be set up properly with the correct personnel, without having to overlap current responsibilities. June 2. 1992 - Reqular Meetinq - Page 6 6f 6 VOTE E. NEW BUSINESS COUNCILMEMBERS ACTION YES Discussion ensued after which Council instructed Attorney Cook to send a letter to the County Commissioner Chairman copying it 6. Mr. Wheeler continued: to all County Commissioners and the head of the building department, spelling out the problems that we are aware of, explaining that we want to see a change within sixty days and if we do not we will be sending them our thirty day notification to take the building department back, ` Mayor Kirk again cautioned that only those subjects itemized on the published agenda may be discussed at the Council meetings. ADJOURNMENT Mayor Kirk: Mayor Kirk adjourned the meeting at 8:27 P.M. NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH IN- CLUDES THE TESTIMONY AND EVIDENCE UPON WHI APPEAL IS BASED. J-.jmiWfF E Kirk, or Attest. Bonnie S., omas, CMC, City Clerk 6, . 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OFFI CIAL AGENDA 1 A. Call meeting to order June 2, 1992 at 7:00 p.m.. B. Invocation offered by Reverend Stephen Cartner; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council attendance: Mayor James E. Kirk Councilman R. R. "Nick" Collins Councilman Danny P. Entry Councilman Jerry E. Walker Councilman Dowling R. Watford, Jr. Staff attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Earnest D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of May 19, 1992. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA f -2- E. NEW BUSINESS 1. Motion to approve Mr. Andrew Silvas as a regular Meter Reader and Mr. Angel Sauceda as a regular Water Treatment Plant Operator - Director of Public Utilities 2. Motion to approve two Utility Agreements, one for water and one for wastewater, bd*tween the City and Mr. Ed Rocky - Director of Public Utilities (Exhibits 1 and 2) 3. Motion to approve an Interlocal Agreement between the City and County for Local Option Gas Tax Proceeds - City Administrator (Exhibit 3) 4. Discuss Comp Plan revisions for Public Utilities - City Administrator (Exhibit 4) 5. Discuss extending the payment plan for wastewater service - Councilmember Collins 6. Hear from Mr. Marvin Wheeler - Mr. Marvin Wheeler (Exhibit 5) -011• R_s-1Z44+ NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. r UTILITY AGRERMRNT for WATER SERVICE TABLE OF CONTENTS Section Title PaRe 1 Preamble . . . . . . . . . . . . . . . 1 2 Definitions . . . . . . . . . . . . . . . . . . 1 3 Capacity Allocation . . . . . . . . . . . . . . 2 4 Agreement to Serve . . . . . . . . . . . . . . 3 5 Fees . . . . . . . . . . . . . . . . . . . . . 3 6 Payment of Fees . . . . . . . . . . . . . . . . 3 7 On -Site Installations . . . . . . . . . . .... . 3 8 Off -Site Installations . . . . . . . . . . . . 4 9 Procedures for Construction of Installations . 4 10 Water Meters . . . . . . . . . . . . . . . . . 5 11 Title to Installations Constructed by Developer . . . . . . . . . . . . . 5 12 Easements . . . . . . . . . . . . . . . . . . . 6 13 Voluntary Annexation . . . . . . . . . . 7 14 Mortgage Liens . . . . . . . . . • • • • 7 15 City's Exclusive Right to Utility Facilities 7 16 Exclusive Right to Provide Service . 7 17 Service Rates . . . . . . . . . . . . . . . . . 8 18 Application for Service to Consumer Installations . . . . . . . . . . . . . . . . 8 19 Water Conservation . . . . . . . . . . . • • • 8 20 Inspection . . . . . . . . . . . . . . . . . . 9 21 Relocation of Utility Facilities . . . . . . . 9 22 Notices . . . . . . . . . . . . . . . . . . . . 9 23 Cost and Attorneys' Fees . . . . . . . . . . • 9 24 Interpretation . . . . . . • • • • • • • • • . 9 10 25 Assignment . . . . . . . . . . . . . . . . . . i U n UTILITY AGREEMENT for WATER SERVICE THIS AGREEMENT is made and entered into this of , 19 , by and between Okeechobee, a political subdivision of the State hereinafter referred to as "City" and Edward Rockey (Developer's referred to as "Developer/Owner", a _ Mobile Home Park Privately. Owned (Type of Organization) day The City of of Florida, Name) ,hereinafter WHEREAS, Developer owns land located in Okeechobee County, Florida as described in Exhibit "A" and shown on the survey in Exhibit "B" attached hereto (the "Property"), and Developer intends to develop the Property; and WHEREAS, Developer has requested that the City provide central water service for the Property; and WHEREAS, the City is willing to provide central water service to the Property and thereafter to operate the utility facilities so that the occupants of the improvements on the Property will receive water service from City in accordance with the provisions of this Agreement; NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, and the Water Agreement, Developer and City hereby covenant and agree as follows: 1. Preamble. The foregoing statements are true and correct. 2. Definitions. The following definitions of terms used in this Agreement shall apply unless the context indicates a different meaning: (a) "Application" - A request in writing from Developer or a consumer on forms provided by City requesting pursuant to the Developer's Agreement specific water service. (b) "Connection Fees" - A fee or charge paid to the City Utility Department by the Developer/Applicant for the purpose of obtaining water service capacity. Connection fees will be utilized for the operation and maintenance of the water distribution system and to pay for related services to the property. (c) "Consumer Installation" - All facilities ordinarily on the consumer s side of the point of delivery (e.g. curb stop, lateral connections.) (d) "Contribution -in -Aid of Construction CIAC " - The sum of money and or the value of property required as a prerequisite to service to the Property. (e) "DER" - The Florida Department of Environmental Regulation, or its successor agency. 1 NW (f) "Development Phase" - A subdivision or construction phase of the construction of utility facilities on Property. (g) "ERG" - A factor used to convert a given average daily flow (ADF) to the equivalent number of residential connections. (h) "Facilities" - See Utility Facilities. (i) "GPD" - Gallons per day. ( j ) "Installation" - See Utility Facilities. (k) "Consumer's Point of Delivery" - Unless otherwise specified herein, the point where the water meter is connected to the Developer's or consumer's service lateral. The water meter will be set at the consumer's property line unless otherwise provided. (1) "Developer's Point of Delivery" - The point where the water service enters the Developer's Property or the point of connection of Developer's off -site installation to the City's System pursuant to Section 8. (m) "Property" - The land described in Exhibit "A" and shown on the Survey in Exhibit "B" attached hereto. (n) "Service" or "Utility Service" - The readiness and ability of the City to furnish and maintain water service to the point of delivery. (o) "Service Rates" or "Rates" - The City's existing and future schedules of rates and charges for water service, including connection fees, meter set fees, and all other fees and charges which from time to time are in effect pursuant to ordinances, resolutions or policies adopted by City. The schedules of Service Rates shall be of general and uniform application within the City-wide water and sewer utility system. (p) "Water System Capacity" - The amount of water which can be pumped from the lake, treated, transmitted and distributed on an average daily basis, where such amount is reserved in gallons per day and includes fire flow. System capacity fees will be utilized for the acquisition, improvement, expansion and construction of facilities deemed necessary by the department to furnish water capacity to the property and to adequately fund capital equipment and improvements in and for the system. (q) "Utility Facilities" or "Facilities" or "Installations" - Utility facilities means and includes all equipment, fixtures, wells, pumps, lines, mains, manholes, lift stations, pumping stations, laterals, service connections, and appurtenances together with all real property, easements and rights -of -way necessary to provide water service to the Property whether located on -site or off -site. The words "Utility Facilities, Water Facilities," Facilities, or Installations shall be interchangeable unless otherwise indicated by the context. 3. Capacity Allocation. The parties agre �,t It at i capacity needed to provide service to the Property is gallons per day for potable water supply. Capacity allocation is subject to the Florida Department of Environmental Regulation (Section 403.021, Florida Statutes, and FAC 17-4.07 and 17-4.15) and approval of applicable permits for the property. Should the Florida Department of Environmental Regulations refuse to issue applicable permit(s) solely because capacity is not available, the Developer may request City to rescind the allocation of capacity. 2 Developer agrees that the gallonage calculation to determine capacity is for the purpose of allocating capacity for the Property and not for purposes of any other calculations. 4. Agreement to Serve. Developer agrees to comme►►ce construction within 6 months from the date of acceptance by the city, and agrees to complete construction and obtain all necessary permits, certificate of occupancies and other licensing requirements within 9 montl►s Failure to meet this time frame will not obligate the city to refund any portion of fees paid, nor shall city pay any interest on the fees paid. The city reserves the right to recapture capacity allocations for failure of the Developer to meet the time frame conditions. Upon the completion of construction of water facilities by Developer, satisfactory inspections, the issuance of the final letter of acceptance by City, and subject to the terms of this Agreement, City agrees to permit connection of the water facilities installed by the Developer to the central facilities of City and to provide utility service in accordance with the terms and intent of this Agreement. Such connections shall at all times be in accordance with rules, regulations and orders of the applicable governmental authorities including the Department of Environmental Regulations and City. City agrees that once Developer or others have connected consumer installations to City'9 central facilities, City will continuously provide water service to the Property subject to continued compliance by Developer or consumer with all applicable City requirements for such service, excepting unavoidable disruption of service due to repairs, maintenance, etc. S. Fees. In addition to the Contributions in Aid of construction (CIAC) where applicable, Developer hereby agrees to pay to City all applicable Fees in accordance wlth the Schedule from time to time in effect. Payment of the Fees will not excuse Developer from payment of any other charges uniformly made including meter fees. City shall not be obligated to refund any portion of Fees paid, nor shall City pay any interest on the Fees paid. Should the Florida Department of Environmental Regulation refuse to issue the applicable permit(s) solely because capacity is not available, refunds of the fees will be made by City within thirty days from such written notification from DER of its denial. Such requests to City for refunds must be accompanied by a written request from Developer that the capacity allocation be rescinded. Developer shall be obligated to pay Fees in the amount in effect at the time Developer is required to pay the Fees, or any initial portion thereof:. No user or consumer of water service shall be entitled to offset any bill rendered by City for such service against Fees paid. Developer shall not be entitled to offset Fees paid or payable against any claims of City. 6. Payment of Fees. Developer will be required to pay the fees at the time water capacity is allocated in accordance with Exhibit "C" attached hereto. Failure to pay the fees by June 26, 1992 will result in termination of this Agreement and recapture of capacity allocation. A monthly operating charge shall be assessed for each remaining unit which has not been transferred to a consumer after one year from the date water capacity was allocated or at the time of building permit Issuance whichever occurs earlier. Rates and fees are subject to change from time to time by the city council, and the initial rates and fees charged shall not be construed as a contract over the life of the project. 7. On —site Installations. To induce City to provide service to the Property, Developer agrees to construct and to 3 *...r .11W transfer ownership and control to City, as a contribution -in -aid - of -construction, the on -site water facilities constructed by Developer or located on the Property. The term "on -site installations" means and includes all water distribution and supply mains, lines and pipes, and related facilities, from the point of entry of City facilities at Developer's property line to the Point of Deliver, excluding consumer's installations, adequate in size and design to serve each lot or unit within the Property or as otherwise required by City. Developer shall install at its sole expense, all of the aforesaid facilities within the Property in accordance with the plans, specifications and all other pertinent documents approved by the City and in accordance with Section 9, "Procedures for Construction of Installations" hereof. 8. Off -site Installation. To induce City to provide service to the Property, Developer agrees to construct and to transfer ownership and control to City as a contribution -in -aid - of -construction all necessary off -site installations from Developer's Property to the City's existing facilities. The term "off -site installations" means and includes all water distribution and supply mains, lines and pipes and related facilities adequate in size and design to serve the Property or as otherwise required by City. Such off -site installations shall be in accordance with the master plans of the City as they relate to the water and sewer utility system. Developer shall install all of•the off -site installations at its sole expense and in accordance with the plans, specifications and other pertinent documents approved by City except that in no event shall Developer be required to oversize lines to the benefit of other properties without prior agreement for reimbursement on behalf of such other properties. Developer shall construct the off -site installations in accordance with Section 9, "Procedures for Construction of Installations" hereof. 9. Procedures for Construction of Installations. Developer agrees that construction of all on -site and off -site installations as defined in SectLous 7 and 8 respectively, shall be in accordance with the following requirements: (a) Permits. Developer shall submit applicable DER permit applications to City for signature prior to submission of permit application to DER. Developer shall make application to City for Underground Utility Permits and any other applicable permits such as Right -of -Way Use Permits or D.O.T. Permits upon receipt of an approved permit from DER. (b) Plans and Specifications. Developer will furnish City with three (3) sets of all plans and specifications (Plans) for the installation to be constructed prepared by a registered professional engineer. The plans shall be prepared in accordance with applicable City Ordinances and policies including the Land Development Code, Water and Sewer Guidelines and System Requirements for connection to City -owned utilities. Developer shall obtain approval of the Plans from all agencies having jurisdiction including the Department of Environmental Regulations and County, if applicable, and submit- to City one (1) copy of any construction permits. No construction shall commence until the City and appropriate regulatory agencies have approved such Plans in writing and the City has received copies of the construction permits. If construction commences prior to all such approvals, City shall have no responsibility to accept any of the installations and City may elect to terminate this Agreement or withhold service until such time as Developer has obtained all required approvals. Should Developer wish to record the plat of a subdivision prior to construction of any installation, Developer shall post a performance bond or an irrevocable letter of credit which is 110% of the cost of construction of the installation. (c) Pre -construction Conference. After securing all permits and approvals of Plans by City and the other agencies, 4 Developer or the engineer of record shall set up a pre -construction conference with the engineer of record, utility contractor, the appropriate building officials and the City. ( d ) Notice to MI. Developer shall provide to City not less than forty-eight (48) Hours written notice prior to commencement of construction, and as -built surveys shall be submitted seven (7) days prior to final inspection. Developer shall provide to City forty-eight (48) hours notice, which may be either written or verbal, prior to any Inspections or tests (other than final inspection) being performed as described herein. Notices shall be deemed given upon actual receipt of same by City. (e) Inspections and Teets. During construction of any installation by Developer, City shall have the right to inspect such installation, including but not limited to the materials, equipment, piping and connections to determine compliance with the approved Plans. The engineer of record shall also inspect construction to insure compliance with approved Plans, permits and other applicable requirements. All standard tests and inspections for pressure, exfiltration, line and grade, and all other engineering tests and inspections shall be performed with the engineer of record and utility contractor present to determine that the systems have been installed in accordance with the approved Plans, permits and good engineering practices and are functioning satisfactorily for the purpose for which the installation was designed. It shall be the Developer's responsibility to insure that all construction and the installation fully meet approved Plans, permits and applicable requirements of law and, upon completion, that the installation functions satisfactorily for the purpose for which it was designed. (f) Completion. Upon completion of construction, Developer's engineer of record shalt submit a signed certificate of completion certifying to City that the construction of the installation is complete, that the installation has been constructed in accordance with all permits, approved Plans, and applicable requirements of law, and as constructed, it will function for the purpose for which it was designed. If the certification is for a water distribution system, a copy of the bacteriological results and a sketch showing locations of all sample points shall be provided. (g) As -built and Other Plans. At least seven (7) days prior to final inspection, Developer or his engineer shall also provide City with one (1) set of ammonia mylars of the "as -built" surveys prepared by the engineer of record showing the location of all installations as constructed. Developer will provide City with two (2) sets of approved paving and drainage plans and three (3) copies of the recorded subdivision plat. Developer will provide proof satisfactory to City that the installation and all contractors, subcontractors, matertalmen and laborers have been paid in full together with the engineer's certificate of the total cost of the installation. 10. Water Meters. A water meter or meters necessary to serve the Property shall be installed by Developer at the Point of Delivery. City will designate the number, type, quality and size of said meter or meters. The water meter or meters and enclosures are to be installed by the Developer prior to final City inspection. The cost thereof and associated labor charges shall be paid by Developer prior to installation at the then current rates charged by City. All water meters and enclosures shall remain the property of City. The Developer shall also be responsible for the installation of a back flow prevention device to be installed on the consumer side of the meter. 11. Title to Installations Constructed by Developer. As a condition precedent to the right to connect the on -site installations and any off -site installations to City's Utility 5 System, Developer shall convey title to as much of those installations, including real property, easements and rights -of -way as are required by City in accordance with the following: (a) Compliance. Developer shall be in compliance with this Agreement. (b) Tine and Place of Conveyance. Unless otherwise agreed upon in writing, conveyance shall be made when the City is prepared to issue its letter of acceptance to Developer and commence delivery of service to the Property. Upon completion of the installations, Developer shall deliver the necessary instruments of conveyance, properly executed, in substantially the same form attached hereto ns Exhibit "D" (Warranty Deed), Exhibit "E" (Bill of Sale), and Exhibit "F" (Easements), together with funds sufficient to pay all costs of conveyance and recording. Delivery shall be made to the City's Director of Public Uttlities at the address shown herein for delivery of notices. Acceptance of the conveyance by the City shall not become final until the City Council duly accepts some. Upon a vote to accept conveyance by the City Council, the instruments of conveyance will be recorded in the public records of Okeechobee County. The City will issue its letter of acceptance to Developer aid City's obligation to provide service in accordance with this Agreement shall commence. ( c ) Fire hydrant. If Developer's property is located within unincorporated Okeechobee County; Developer will be required to obtain a resolution (Exhibit G) adopted by the Okeechobee Board of County CommLssloners accepting the fire hydrants, and agreeing to pay the City an annual maintenance fee for each fire hydrant. (d) Assurance of Title. Developer shall at its expense deliver to City a title insurance policy or an opinion of title with respect to the Property confirming Developer's legal right to grant the deeds, easements and exclusive rights of service contained in this Agreement as a condition precedent to City's issuance of a letter of acceptance or delivery of service. (e) Conveyance. Developer shall convey all of its interest in the installations to be conveyed to City be Warranty Deed, Bill of Sale, Easements, Endorsement, Assignments, Affidavits of No Liens and other good and sufficient instruments of transfer and conveyance, including necessary permits, as shall be effective to vest in City good and marketable title to the installations free and clear of all liens and encumbrances. Transfer of all manufacturers' and contractors' warranties, maintenance bonds and construction contracts shall be conveyed by unconditional assignment by Developer. Developer shall remain secondarily liable on such warranties and hereby agrees to indemnify and save harmless the City from any losses, damages, costs, claims, suits, debts or demands by reason of latent defects to the installations which could not have been reasonably discovered upon normal engineering inspection, for a period of two (2) years from the date of acceptance by die City of said utility installations. (f) Maintenance Bond. appropriate maintenance bonds required and the Water and Sewer Guidelines conveyance. Developer shall provide City with all parts manuals necessary for the the installations. (g) Manuals. operation, maintenance and operation and maintenance of Developer shall provide the by the Land Development Code in effect at the time of 12. Easements. Developer hereby grants to City, subject to the terms of this Agreement, the exclusive right to construct, own, maintain and operate water and sewer facilities to serve the I Property; and the exclusive right to construct, own, maintain and operate said facilities in, under, upon, and across the present and future streets, easements, reserved utility strips and utility sites, and any public place as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of said record plats, and these restrictions duly noted on any conveyance of lots or units to subsequent purchasers. Developer hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the developer's property upon which City is constructing or operating utility facilities. The foregoing grants shall continue for as long as City requires such rights for the construction, ownership, maLutenance, operation or expansion of the facilities. Developer, upon request of City, shall execute recordable easements acceptable to City to carry out the purposes of this Section. The parties agree that in the event Developer and City agree to install any of the facilities in lands within the Property lying outside the streets and easement areas described above, then Developer or the owner shall grant -to City, the necessary easements for such "private property" installation. Subject to City's prior wrttten consent, the use of easements granted by Developer to city shall not preclude the use by other utilities of these easements, such as cable television, telephone, electric, or gas ut.l.lLttes, provided each does not interfere with City's use thereof. City hereby agrees that all easement grants will be utilized in accordance with generally accepted practices of publicly owned water and sewer utilities with respect to the installation of all its facilities in any of the easement areas. 13. Voluntarl Annexation. Developer agrees that in the event Developer's property becomes contiguous to the city's boundary, as such term is defined in the laws of the State of Florida, then this agreement, together with the application for service and all exhibits, shall be considered as application for voluntary annexation of Developer's real property into the corporate limits of the City of Okeechobee. The terms of this agreement shall run with the land and subsequent purchasers of lots or units shall also be deemed to have applied for voluntary annexation as provided herein. 14. Hortgage Liens. Mortgagees, if any, holding prior liens on the Property shall be required to release such liens, subordinate their positions or join in any conveyance, grant or dedication of the easements or rights -of -way, or give to City assurance by way of a "non -disturbance agreement", that in the event of foreclosure, mortgagee would continue to recognize the ownership and easement rights of City, as long as City complies with the terms of this Agreement. All facilities, save and except consumer installations, shall be covered by easements or rights -of -way if not located within platted or dedicated roads or rights -of -way for utility purposes. It shall be Developer's obligation to gain these assurances from the mortgagee and present same to the City. 15. Cityls Exclusive Right to Utilitl Facilities. Developer and City agree that all water facilities accepted by City in connection with providing service to the Property shall at all times remain in the sole and exclusive ownership of City. Any person or entity owning any part of the Property or any residence, building or unit constructed or located thereon, shall not have any right, title, claim or interest to such facilities for any purpose, 7 NOW %W including the furnishing of water services to others located within or beyond the limits of the Property. Subject to City's written consent, Developer may utilize other water sources for the Property for "non -domestic" uses such as for irrigation purposes. 16. Exclusive Right to Provide Service. Developer shall not engage in the business of providing water or sewer services to the Property. Developer hereby grants City the sole and exclusive right to provide water services to the Property and to the occupants thereon. 17. Service Rates. The rates to be charged by City to the Developer or to a consumer for water service on the Property shall be those rates charged by City to its other customers pursuant to service rates from time to time in effect as defined herein. City reserves the right to withhold or disconnect service at any time the service rates are not paid on a current basis within 25 days after the same are billed. Developer or consumer, as the case may be, hereby agrees to save and hold harmless City for any loss or damages resulting from the exercise of this right. The service to the Property shall be subject to such other regulations from time to time imposed on City with respect to the operations of its water and sewer systems, -and except as limited by such regulations, the amounts of utility deposits, billing practices and times, liability for damage to City's Property and rate changes slinll be exclusively within the discretion and control of City. 18. Application for Service to Consumer Installations. Developer, or any owner or occupant on the Property (consumer) shall not connect any consumer installation to the facilities of City until application has been made to City by the Developer or consumer and approval for such connection has been granted. Developer or consumer shall be responsible for connecting the consumer installation to the meter and/or lines of City at the point of delivery in nccordnnce with the following requirements: (a) Application for the installation of water meters and backf low preventors shall be made twenty-four (24) hours in advance, not including Saturdays, Sundays and holidays. (b) All consumer Installations may at City's sole option be inspected by City before backfilling and covering of any pipes. (c) Written notice to City requesting an inspection of a consumer installation may be given by the Developer, the consumer or his contractor, and the inspection will be made within twenty-four (24) hours, not including Saturdays, Sundays and holidays, provided the wnter meter and backflow preventor, if applicable, have been previously installed. (d) Developer or consumer may not backfill or cover the pipes without City's inspection and approval. (e) The cost of construction, operation, maintenance, repair or replacement of consumer installations shall be the responsibility of Developer or consumer and not the City. 19. Water Conservation. Developer agrees to employ water conservation measures in development of the Property. Subject to City review and approval to encourage water conservation, such measures shall include but not be limited to: (a) Installation of low flush toilets which utilize 3.5 gallons or less of water per flushing cycle. ( b ) Installation of shower Leads which have flow restrictors, pulsating features, flow control devices or other features which result In water conservation; and do not allow a flow exceeding 3.0 gallons per minute at GO psi. ( c ) No swimming pool fLlter backwash water, or any other swimming pool wastewater slin.11 be discharged to the sanitary sewer system. (d) Installation of spring-loaded/automatic shut-off water fixtures in all public restrooms, including lavatory fixtures. 20. Inspection. City may, at its option and without notice, inspect Developer's utility facilities at all times whether before or after completion of construction and acceptance of same by the City. City, by inspecting or not inspecting to any extent whatsoever, shall not assurae responsibility for construction or Installation of Developer's utility facilities and shall in no way be deemed to waive any rights available to City for defaults on the part of Developer, or to consent to any defects, omissions or failures in the design, construction and installation of Developer's utility facilities. 21. Relocation of Utility Facilities. Any relocation of utility facilities required for Developer's convenience or necessity shall be clone at Developer's expense provided such relocation can be accomplished without adverse impact on any other part of the facilities or other consumers. 22. Notices. Any payment or notice required or permitted hereunder shall be in writing and be deemed properly made (a) when hand delivered to the ofEtcial herelnaf ter designated, or (b) upon actual receipt when deposited in the United States mail, postage prepaid, addressed as set forth herein, or at such other address as shall have been specified by written notice to the other party delivered in accordance herewith: City: Director of Public Utilities 55 S.1;. 3rd Avenue Okeechobee, Florida 34974 Developer: Mr. Edward Rockey, Owner Ed Rockey's Moblie Home Park 2828 N.W. 46th. Avenue Okeechobee, Florida 34974 23. Cost and Attorneys' Fees. In the event City or Developer brings an action to enforce this Agreement by court proceedings or otherwise, them the prevailing party shall be entitled to recover from the other party all costs incurred, together with reasonable attorneys' fees. 0 N&W v,r 24. Interpretation. Developer and City agree that all words, terms and conditions contained herein are to be read in concert, each with the other, and that a provision contained under one heading may be considered to be equally applicable under another in the interpretation of this Agreement. 25. Assignment. This Agreement may not be assigned by Developer without the prior written consent of City, which shall not be unreasonably withheld provided Developer's successor or assign expressly assumes Developer's obligations hereunder by execution of this Agreement. Capacity allocated hereunder may not be sold or assigned to any other property whether or not owned by Developer. 26. Strict Compliance. Failure to insist upon strict compliance of any of the terms, covenants, or conditions in this Agreement shall not be deemed a waiver thereof, nor shall any waiver of any right hereunder at airy one time be deemed a waiver of such right at any other time. 27. Time of the Essence. Time is hereby made of the essence of this Agreement in all respects. 28. Entire Agreement and Incorporation bl Reference. This Agreement constitutes the entire agreement of the parties and expressly supersedes all negotiations, previous agreements or representations whether verbal or written, and may not be nmended in any way whatsoever except by a writing executed by both parties hereto in a manner equal in dignity to the execution of this Agreement; provided however, that documents for the implementation of this Agreement, including all permits, engineering design and construction contracts, plans and specifications for the utility facilities as and when approved and filed with City's Department of Public Utilities are incorporated herein by reference. 29. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the heirs, successors, personal representatives and assigns of the parties hereto and shall constitute a covenant running with the Property. 30. Liability. I, for myself, the owner, the Developer and our successors and assigns agree to hold harmless and indemnify the City of Okeechobee, the City Council, its employees and agents from any and all claims, damages, causes of actions or other liabilities that arise out of or in relation to the Florida Department of Environmental Regulation denial of applicable permits to provide sewer service to the property. 31. Governing Law. This Agreement shall be governed by the laws of the State of Florida and the Ordinances, Resolutions and policies of,City not prohibited thereby. The parties hereto stipulate that venue shall vest solely in Okeechobee County Florida, and that in no event shall any dispute be submitted to binding arbitration. 32. Effective Date. This Agreement shall be effective upon proper execution by both parties hereto. 33. Counterparts. This Agreement may be executed in several counterparts each of which if properly executed by both parties shall be considered an original. 10 M M IN WITNESS WHEREOF, the Agreement with the named exhibits counterparts on the day WITNESSES: ATTEST: City Clerk parties hereto have caused this attached to be executed in and year first above written. DEVELOPER -ere, B y : i Title: Attest: SEAL) By: Date: tlOTARV pIIDLIC. STATE or rLORIDA* 15. ' rxrwE:t.1V GUU�T1jRj NOTANOTARYPVUSIC UPt10enY4R17C *A BONDC CITY OF OKEECHOBEE OKEECHOBEE, FLORIDA Mayor As authorized for <,le City Council regular meeting. execution by in their 19 TRACT 14: From the Northwest corner of Section 71 Township 37 South, Range 35 East, run thence South 88 20, East, along Section Line a distance of 726 feet to a point thence South 0 08' West parallel to the West line of Section 7, a distance of 1056 feet for P.O.B.; thence South 88 20' East parallel to the North line of Section 7 a distance of 660 feet to a point, thence South 0 08' West a distance of 330 feet to a point, thence North 88 20' West a distance of 660Allfeet, in Section 7, Townsh P 37East South,distance Range 35 East. feet to P.O.B. TRACT 15: From the Northwest Corner of Section 7, Township 37 South, Range 35 East, run thence S 0 08, W along the Section line a distance of 1386.0 feet; thence run N 88 20' E parallel to the North boundary line of said Section 7 a distance of 726.0 feet for Point of Beginning; thence run S 0 08' W parallel to the West boundary line of Section 7 a distance of 330.0 feet; thence run S 88 20' E parallel to the North boundary line of said Section 7, a distance of 660.0 feet; thence run N 0 08' E a distance of 330.0 feet; thence luinNSe c88 tion 7, Townsllp 37 Soutce of h.,0 feet to poinRange 35 Eastt of Beginning. Al 11 ..r List of Exhibits to Utility Agreement for Water Service Between the City of Okeechobee? Florida and Exhibit Name Section "A" Legal Description of Property . . . . . . . 2(m) "B" Survey of Property . . . . . . . . . . . . 2(m) "C" Schedule of Rates, Fees and Charges . . . . 6 "D" Warranty Deed . . . . . . . . . . . . . . . 1 1 (b ) "E" Bill of Sale . . . . . . . . . . . . . . . 11 (b) "Fll Easements . . . . . . . . . . . . . . . . . 1 1 (b ) "G" Hydrant Resolution. . . . . . . 11(c) *.r EXHIBIT "C" Rates, Fees and Charges Developer agrees to pay the City of Okeechobee the following Fees to induce the City to reserve the following plant capacities for Developer's proposed connections within the "Property". Developer understands that plant capacities are only reserved upon payment of Charges by Developer to City. The fees set forth in the attached rate resolution are the fees in effect as of the date of this Agreement and are subject to changes in accordance with the terms thereof. Water Connection Fees Based on a 2" Water Meter 2" Water Connection Fee Water System Capacity Fee Backflow Preventor Water/Wastewater Deposit $ 5,000.00 5,000.00 531.25 2,500.00 TOTAL $13,031.25 4 J; UTILITY AGREEMENT for SEWER SERVICE TABLE OF CONTENTS Section Title Page 1 Preamble . . . . . . . . . . . . . . . . . . . 1 2 Definitions. . . . . . . . . • • • • • • • • . 1 3 Capacity Allocation. . . . . . . . . . • . • • 2 4 Agreement to Serve . . . . . . . . . • • • • • 2 5 Fees . . . . . . . . . . . . . . . . . . . 3 6 Payment of Fees . . . . . . . . . . . . . . 3 7 On —Site Installations. . . . . . . . • • • 3 8 Off —Site Installations . . . . . . . . . 3 9 Procedures for Construction of Installations 4 5 10 Water Meters . . . . . . . • • • • • • • 11 Title to Installations Constructed 5 by Developer . . . . . . . . . • 12 Easements. . . . . . . • • • 06 13 Voluntary Annexation . . . • • • • • • • 7 14 Mortgage Liens . . • • 15 City's Exclusive Right to Utility Facilities . 7 16 Exclusive Right to Provide Service . . . . 7 7 17 . . . Service Rates. ' 18 Application for Service to Consumer 8 Installations. . . . . . . • • • • • . ' 8 19 High Strength Waste. 20 Pretreatment . . . . 21 Water Conservation . . . . . . 22 Effluent Disposal. 9 23 Inspection . . . . . . . 24 Relocation of Utility Facilities . . 9 9 25 . . . . . . . Notices. ' i 26 Cost and Attorneys' Fees . . . . . . . . . . . 9 27 Interpretation . . . . . . . . . . . . . . . . 10 28 Assignment . . . . . . . . . . . . . . . . . . 10 29 Strict Compliance . . . . . . . . . . . . . . . 10 30 Liability . . . . . . . . . . . . . . . . . . . 10 31 Time of the Essence. . . . . . . . . . . 10 32 Entire Agreement Incorporation by Reference . . . . . . . . . . 0 10 33 Binding Effect . . . . . . . . . . . . . . . . 10 34 Governing Law. . . . . . . . . . . . 10 35 Effective Date . . . . . . . . . . . 10 36 Counterparts . . . . . . . . . . . . 10 ii UTILITY AGREEMENT for SEWER SERVICE THIS AGREEMENT is made and entered into this day of , 19 , by and between City of Okeechobee, a political subdivision of the State of Florida, hereinafter referred to as "City" and Edward Rockev (Developer's Name) ,hereinafter referred to as Developer Owner, a t1obile home Park Privately Owned ('Type of Organization WHEREAS, Developer owns land located in Okeechobee County, Florida as described in Exhibit "A", and shown on the Survey in Exhibit "B", attached hereto (tile "Property"), and Developer intend to develop the Property; and WHEREAS, Developer has requested that the City provide sewer service for the Property; and WHEREAS, the City is willing to provide sewer service to the Property and thereafter to operate the utility facilities so that the occupants of the Improvements oil the Property will receive sewer service from City in accordance with the provisions of this Agreement; NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, and the Sewer Agreement, Developer and City hereby covenant and agree as follows: 1. Preamble. The foregoing statements are true and correct. 2. Definitions. The following definitions of terms used in this Agreement shall apply unless the context indicates a different meaning: (a) "Application" - A request in writing on forms provided by City from Developer or a Consumer requesting pursuant to the Developer Agreement, specific sewer services. (b) "Connection Fees" - A fee or charge paid to the City Utility Department by a Developer/Applicant for the purpose of obtaining sewer service capacity. Connection fees will be utilized for the operation and maintenance of the sewer collection system and to pay for related services to the property. (c) "Consumer Installation" - All facilities ordinarily on the consumer s side of the point of delivery (e.g. curb stop, lateral connections.) (d) "Contribution -in -Aid -of -Construction CIAC " - The sum of money and or the value of property required as a prerequisite to service to the Property. (e) "DER" - The Florida Department of Environmental Regulation, or its successor agency. r construction Property. (f) "DevelopKent Phase" - A subdivision or phase of the construction of utility facilities on (g) "ERG" - A factor used to convert a given average daily flow (ADF) to the equivalent number of residential connections. (h) "Facilities" - See Utility Facilities. (i) "GPD" - Gallons per day. (j) "Installation" - See Utility Facilities. (k) "Consumer's Point of Delivery" - Unless otherwise specified herein, the point where the sewer service is connected to the consumers' service lateral, which shall be, where possible, at the consumers' property line. (1) "Developer's Point of Delivery" - The point where the sewer service enters the Developer s Property or the point of connection of Developer's off -site installation to the City's system pursuant to Section 8. (m) "Property" - The land described in Exhibit "A" attached hereto. (n) "Service" or "Utility Service" - The readiness and ability of the City to furnish and maintain sewer service to the point of delivery. (o) "Service Rates" or "Rates" - The City's existing and future schedules of rates and charges for sewer service, including connection fees, meter set fees, and all other fees and charges which from time to time are in effect pursuant to ordinances, resolutions or policies adopted by City. The schedules of Service Rates shall be of general and uniform application within the City-wide water and sewer utility system. (p) "Utility Facilities" or "Facilities" or "Installations" - Utility facilities means and includes all equipment, fixtures, pumps, lines, mains, manholes, lift stations, pumping stations, laterals, service connections, and appurtenances together with all real property, easements and rights -of -way necessary to provide sewer service to the Property whether located on -site or off -site. The words "Utility Facilities," "Sewer Facilities," "Facilities," or "Installations" shall be interchangeable unless otherwise indicated by the context. 3. Capacity Allocation. The parties agree that the capacity needed to provide service to the Property is 14,000 GPD gallons per day for sewage collection. Capacity allocation is subject to the Florida Department of Environmental Regulation (Section 403.021, Florida Statutes, and FAC 17-4.07 and 17-4.15) and approval of applicable permits for the property. Should the Florida Department of Environmental Regulations refuse to issue applicable permit(s) solely because "capacity is not available, the Developer may request City to rescind the allocation of capacity. Developer agrees that the gallonage calculation to determine capacity is for the purpose of allocating capacity for the Property and not for purposes of any other calculations. 4. Agreement to Serve. Developer agrees to commence construction within 6 months from the date of acceptance by the city, and agrees to complete construction and obtain all necessary permits, certificate of occupancies and other licensing requirements within 6 MONTHS Failure to meet this 2 .. y,w.r..tft%r . time frame will not obligate the city to refund any portion of fees paid, nor shall city pay any interest on the fees paid. The city reserves the right to recapture capacity allocations for failure of the Developer to meet the time frame conditions. Upon the completion of construction of sewer facilities by Developer, satisfactory inspections, the issuance of the final letter of acceptance by City, and subject to the other terms of this Agreement, City agrees to permit connection of the sewer facilities installed by the Developer to the central facilities of City and to provide utility service in accordance with the terms and intent of this Agreement. Such connections shall at all times be in accordance with rules, regulations and orders of the applicable governmental authorities. City agrees that once Developer or others have connected consumer installations to City's central facilities, City will continuously provide sewer service to the Property subject to continued compliance by Developer or consumer with all applicable City requirements for such service, excepting unavoidable disruption of service due to repairs, maintenance, etc. S. Fees. In addition to the Contributions in Aid of Construction (CIAC) where applicable, Developer Hereby agrees to pay to City all applicable Fees in accordance with the schedule from time to time in effect. Payment of the Fees will not excuse Developer from payment of any other charges uniformly made including meter fees. City shall not be obligated to refund any portion of Fees paid, nor shall City pay any interest on the Fees paid. Should the Florida Department of Environmental Regulation refuse to issue the applicable permit(s) solely because capacity is not available, refunds of the fees will be made by City within thirty (30) days from such written notification from DER of its denial. Such requests to City for refunds must be accompanied by a written request from Developer that the capacity allocation be rescinded. Developer shall be obligated to pay Fees in the amount in effect at the time Developer is required to pay the Fees, or any initial portion thereof. No user or consumer of sewer service shall be entitled to offset any bill rendered by City for such service against Fees paid. Developer shall not be entitled to offset Fees paid or payable against any claims of City. 6. Payment of Fees. Developer will be required to pay the fees at the time sewer capacity is allocated in accordance with Exhibit "C" attached hereto. Failure to pay the fees by _ June 26, 1992 will result in termination of this Agreement and the recapture of capacity allocation. A monthly sewer service charge will be assessed for each remaining unit which has not been transferred to a consumer after one year from the date sewer capacity was allocated or at the time of building permit issuance whichever occurs earlier. Rates and fees are subject to change from time to time by the city council, and the initial rates and fees charged shall not be construed as a contract over the life of the project. 7. On -site Installations. To induce City to provide service to the Property, Developer agrees to construct and to transfer ownership and control to City, as a contribution -in -aid - of -construction, the on -site sewer facilities constructed by Developer or located on the Property. The term "on -site installations" including lift or pumping stations, from the Developer's Point of Delivery to the Consumer's Point of Delivery, excluding consumer's installations, adequate in size and design to serve each lot or unit within the Property or as otherwise required by City. Developer shall install at its sole expense, all of the aforesaid facilities within the Property in accordance with the plans, specifications and all other pertinent documents approved 3 by the City and in accordance with Section 9, "Procedures for Construction of Installations" hereof. 8. Off -site Installation. To induce City to provide service to the Property, Developer agrees to construct and to transfer ownership and control to City as a contribution -in -aid - of -construction all necessary off -site installations from Developer's Property to the City's existing facilities. The term "off -site installations" means and includes all gravity sewer lines, lift or pumping stations, force mains and related facilities adequate in size and design to serve the Property or as otherwise required by City. Such off -site installations shall be in accordance with the master plans of the City as they relate to the City-wide water and sewer utility system. Developer shall install all of the off -site installations at its sole expense and in accordance with the plans, specifications and other pertinent documents approved by City except that in no event shall Developer be required to oversize lines to the benefit of other properties without prior agreement for reimbursement on behalf of such other properties. Developer shall construct the off -site installations in accordance with Section 9, "Procedures for Construction of Installations" hereof. 9. Procedures for Construction of Installations. Developer agrees that construction of all on -site and off -site installations as defined in Sections 7 and 8 respectively, shall be in accordance with the following requirements: (a) Permits. Developer shall submit applicable DER permit applications to City for signature prior, to submission of permit application to DER. Developer shall make application to City for Underground Utility Permits and any other applicable permits such as Right -of -Way Use Permits or D.O.T. Permits upon receipt of an approved permit from DER. (b) Plans and S ecifications. Developer will furnish City with three (3) sets of all plans and specifications (Plans) for the installation to be constructed prepared by a registered professional engineer. The Plans shall be prepared in accordance with applicable City Ordinances and policies including the Land Development Code, Water and Sewer Guidelines and System Requirements for connection to City -owned utilities. Developer shall obtain approval of the Plans from all agencies having jurisdiction including the Department of Environmental Regulations, Okeechobee County, and City, if applicable, and submit to City one (1) copy of any construction permits. No construction shall commence until the City and appropriate regulatory agencies have approved such Plans in writing and the City has received copies of the construction permits. If construction commences prior to all such approvals, City shall have no responsibility to accept any of the installations and City may elect to terminate this Agreement or withhold service until such time as Developer has obtained all required approvals. Should Developer wish to record the plat of a subdivision prior to construction of any installation, Developer shall post a performance bond or an irrevocable letter of credit which is 110% of the cost of construction of the installation. (c) Pre -construction Conference. After securing all permits and approval of Plans by City and the other agencies, Developer or the engineer of record shall set up a pre -construction conference with the engineer of record, utility contractor, the appropriate building officials and the City. (d) Notice to Cit . Developer shall provide to City not less than forty-eight (48) hours written notice prior to commencement of construction, and as -built surveys shall be submitted seven (7) days prior to final inspection. Developer shall provide to City forty-eight (48) hours notice, which may be either written or verbal, prior to any inspections or tests (other 4 than final inspection) being performed as described herein. Notices shall be deemed given upon actual receipt of same by City. (e) IneQections and Tests. During construction of any installation by Developer, City shall have the right to inspect such installation, including but not limited to the materials, equipment, piping and connections to determine compliance with the approved Plans. The engineer of record shall also inspect construction to insure compliance with approved Plans, permits and other applicable requirements. All standard tests and inspections for pressure, exfiltration, line and grade, and all other engineering tests and inspections shall be performed with the engineer of record and utility contractor present to determine that the systems have been installed in accordance with the approved Plans, permits and good engineering practices and are functioning satisfactorily for the purpose for which the installation was designed. It shall be the Developer's responsibility to insure that all construction and the installation fully meet approved Plans, permits and applicable requirements of law and, upon completion, that the installation functions satisfactorily for the purpose for which it was designed. (f) Completion. Upon completion of construction, Developer's engineer of record shall submit a signed certificate of completion certifying to City that the construction of the installation is complete, that the installation has been constructed in accordance with all permits, approved Plans, and applicable requirements of law, and as constructed, it will function for the purpose for which it was designed. (g) As Builts and Other Plans. At least seven (7) days prior to final inspection, Developer or his engineer shall also provide City with one (1) set of ammonia mylars of the "as - built" surveys prepared by the engineer of record showing the location of all installations as constructed. Developer will provide City with two (2) sets of approved paving and drainage plans and three (3) copies of the recorded subdivision plat. Developer will provide proof satisfactory to City that the installation and all contractors, subcontractors, materialmen and laborers have been paid in full together with the engineer's certificate of the total cost of the installation. 10. Water Meters. A water meter or meters necessary to serve the Property shall be installed by Developer at the Developer's Point of Delivery. City will designate the number, type, quality and size of said meter or meters. The water meter or meters and enclosures are to be installed by the Developer prior to final City inspection. The cost thereof and associated labor charges shall be paid by Developer prior to installation at the then current rates charged by City. All water meters and enclosures shall remain the property of City. The Developer shall also be responsible for the installation of a back flow prevention device to be installed on the consumer side of the meter. 11. Title to Installations Constructed by Developer. As a condition precedent to the right to connect the on -site installations and any off -site installations to City's Utility System, Developer shall convey title to as much of those installations, -including real property, easements and rights -of - way as are required by city in accordance with the following: (a) Compliance. Developer shall be in compliance with this Agreement. (b) Time and Place of Conveyance. Unless otherwise agreed upon in writing, conveyance shall be made when the City is prepared to issue its letter of acceptance to Developer and commence delivery of service to the Property. Upon completion of the installations, Developer shall deliver the necessary instruments of conveyance, properly executed, in substantially the 5 same form attached hereto as Exhibit "D" (Warranty Deed), Exhibit "E" (Bill of Sale), and Exhibit "F" (Easements), together with funds sufficient to pay all costs of conveyance and recording. Delivery shall be made to the City's Director of Public Utilities at the address shown herein for delivery of notices. Acceptance of the conveyance by the City shall not become final until the City Council duly accepts same. Upon a vote to accept conveyance by the City Council, the instruments of conveyance will be recorded in the public records of Okeechobee County. The City will issue its letter of acceptance to Developer and City's obligation to provide service in accordance with this Agreement shall commence. (c) Assurance of Title. Developer shall at its expense deliver to City a title insurance policy or an opinion of title with respect to the Property confirming Developer's legal right to grant the deeds, easements and exclusive rights of service contained in this Agreement as a condition precedent 'to City's issuance of a letter of acceptance or delivery of service. (d) ConyeTance. Developer shall convey all of its interest in the installations to be conveyed to City by Warranty Deed, Bill of Sale, Easements, Endorsement, Assignments, Affidavits of No Liens and other good and sufficient instruments of transfer and conveyance, including necessary permits, as shall be effective to vest in city good and marketable title to the installations free and clear of all liens and encumbrances. Transfer of all manufacturers' and contractors' warranties, maintenance bonds and construction contracts shall be conveyed by unconditional assignment by Developer. Developer shall remain secondarily liable on such warranties and hereby agrees to indemnify and save harmless the City from any losses, damages, costs, claims, suits, debts or demands by reason of latent defects in the installations which could not have been reasonable discovered upon normal engineering inspection, for a period of two (2) years from the date of acceptance by the City of said utility installations. (e) Maintenance Bond. Developer shall provide the appropriate maintenance bonds required by the Land Development code and the Water and Sewer Guidelines in effect at the time of conveyance. (f) Hanuals. Developer shall provide City with all operation, maintenance and parts manuals necessary for the operation and maintenance of the installations. 12. Easements. Developer hereby grants to City, subject to the terms of this Agreement, the exclusive right to construct, own, maintain and operate water and sewer facilities to serve the Property; and the exclusive right to construct, own, maintain and operate said facilities in, under, upon, and across the present and future streets, easements, reserved utility strips and utility sites, and any public place as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of said record plats, and these restrictions duly noted on any conveyance of lots or units to subsequent -purchasers. Developer hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the Developer's property upon which County is constructing or operating utility facilities. The foregoing grants shall continue for as long as County requires such rights for the construction, ownership, maintenance, operation or expansion of the facilities. Developer, upon request of City, shall execute recordable easements acceptable to City to carry out the purposes of this paragraph. R NOW ..r The parties agree that in the event Developer and City agree to install any of the facilities in lands within the Property lying outside the streets and easement areas described above, then Developer or the owner shall grant to City, the necessary easements for such "private property' installation. Subject to City's prior written consent, the use of easements granted by Developer to City shall not preclude the use by other utilities of these easements, such as cable television, telephone, electric, or gas utilities, provided each does not interfere with City's use thereof. City hereby agrees that all easement grants will be utilized in accordance with generally accepted practices of publicly owned water and sewer utilities with respect to the installation of all its facilities in any of the easement areas. 13. Voluntary Annexation. Developer agrees that in the event Developer s property becomes contiguous to the City's boundary, as such term is defined in the laws of the State of Florida, then this agreement, together with the application for service and all exhibits, shall be considered as application for voluntary annexation of Developer's real property into the corporate limits of the City of Okeechobee. The terms of this agreement shall run with the land and subsequent purchasers of lots or units shall also be deemed to have applied• for voluntary annexation as provided herein. 14. Hortgage Liens. Mortgagees, if any, holding prior liens on the Property shall be required to release such liens, subordinate their positions or join in any conveyance, grant or dedication of the easements or rights -of -way, or give to City assurance by way of a "non -disturbance agreement", that in the event of foreclosure, mortgagee would continue to recognize the ownership and easement rights of City, as long as City complies with the terms of this Agreement. All facilities, save and except consumer installations, shall be covered by easements or rights - of -way if not located within platted or dedicated roads or rights - of -way for utility purposes. It shall be Developer's obligation to gain these assurances from the mortgagee and present same to the City. 15. City'e Exclusive Bight to Utility Facilities. Developer and City agree that all sewer facilities accepted by City in connection with providing service to the Property shall at all times remain in the sole and exclusive ownership of City. Any person or entity owning any part of the Property or any residence, building or unit constructed or located thereon, shall not have any right, title, claim or interest to such facilities for any purpose, including the furnishing of sewer services to others located within or beyond the limits of the Property. 16. Exclusive Bight to Provide Service. Developer, shall not engage in the business of providing water or sewer services to the Property. Developer hereby grants City the sole and exclusive right to provide sewer services to the Property and to the occupants thereon. 17. -Service Rates. The rates to be charged by City to the Developer or to a consumer for sewer service on the Property shall be those rates charged by City to its other customers pursuant to service rates from time to time in effect as defined herein. City reserves the right to withhold or disconnect service at any time the service rates are not paid on a current basis within 25 days after the same are billed. Developer or consumer, as the case may be, hereby agrees to save and hold harmless City for any loss or damages resulting from the exercise of this right. 7 The service to the Property shall be subject to such other regulations from time to time imposed on City with respect to the operations of its water and sewer systems, and except as limited by such regulations, the amounts of utility deposits, billing practices and times, liability for damage to City's Property and rate changes shall be exclusively within the discretion and control of City. 18. Application for Service to Consumer Installations. Developer, or any owner or occupant on the Property (consumer) shall not connect any consumer installation to the facilities of City until application has been made to City by the Developer or consumer and approval for such connection has been granted. Developer or consumer shall be responsible for connecting the consumer installation to the meter and/or lines of City at the point of delivery in accordance with the following requirements: (a) Application for the installation of water meters and backflow preventors shall be made twenty-four (24) hours in advance, not including Saturdays, Sundays and holidays. (b) All consumer installations may. at City's sole option be inspected by City before backfilling and•covering of any pipes. (c) Written notice to City requesting an inspection of a consumer installation may be given by the Developer, the consumer or his contractor, and the inspection will be made within twenty-four (24) hours, not including Saturdays, Sundays and holidays, provided the water meter and backflow preventor, if applicable, have been previously installed. (d) Developer or consumer may not backfill or cover the pipes without City's inspection and approval. (e) The cost of construction, operation, maintenance, repair or replacement of consumer installations shall be the responsibility of Developer or consumer and not the City. ( f ) Should any non -domestic wastes, grease or oils, including, but not limited to, floor or abnormal strength wax or paint, be delivered to the lines, or other prohibited substances as defined in the Code of Ordinances, Chapter 18, Section 18-64, the Developer or Consumer will be responsible for payment of the cost to correct or repair any resulting damage to the treatment process and/or facilities. 19. High Strength Waste. The Developer agrees that waste or sewage to be treated by City from the Property will consist of domestic wastewater, and further agrees that it will not allow any abnormal strength sewage to flow to the Utility Facilities, except upon payment of a surcharge promulgated by the City. Developer grants to City the right to sample sewage from the Property to verify Developer's compliance with this paragraph. 20. -Pretreatment. Developer agrees that City has certain obligations to protect the health, safety and welfare of the public and not to burden City's customers with extraordinary expenses attributable to Developer, his successors or assigns. Developer agrees that all sewage or wastewater from Property shall conform to City's standards prior to introduction into City's collection system and Developer further agrees that City may at City's sole option require pretreatment or special features such as grease traps to insure such conformity. Developer shall be responsible for all costs associated herewith. 0 v 21. Water Conservation water conservation Subject to City conservation, such measures in review and measures shall Developer agrees to employ development of the Property. approval to encourage water include but not be limited to: (a) Installation of low flush toilets which utilize 3.5 gallons or less of water per flushing cycle. (b) Installation of shower heads which have flow restrictors, pulsating features, flow control devices or other features which result in water conservation; and do not allow a flow exceeding 3.0 gallons per minute at 60 psi. (c) No swimming pool filter backwash water, or any other swimming pool wastewater shall be discharged to the sanitary sewer system. (d) Installation of spring-loaded/automatic shut- off water fixtures in all public restrooms, including lavatory fixtures. 22. Effluent Disposal. It is possible that the City may not have sufficient effluent disposal capacity available for the disposal of sewage from the Property treated by it at its sewage treatment plant. The Developer agrees to provide City, at City's request and at no cost to City, the use of the Property, or other areas as designated within the Property, for effluent disposal. The Developer shall provide City with perpetual easements for the use of said Property for such purpose. 23. Inspection. City may, at its option and without notice, inspect Developer's utility facilities at all times whether before or after completion of construction and acceptance of same by the City. City, by inspecting or not inspecting to any extent whatsoever, shall not assume responsibility for construction or installation of developer's utility facilities and shall in no way be deemed to waive any rights available to City for defaults on the part of Developer, or to consent to any defects, omissions or failures in the design, construction and installation of Developer's utility facilities. 24. _Relocation of Utility Facilities. Any relocation of utility facilities required for Developer's convenience or necessity shall be done at Developer's expense provided such relocation can be accomplished without adverse impact on any other part of the facilities or other consumers. 25. Notices. Any payment or notice required or permitted hereunder shall be in writing and be deemed properly made (a) when hand delivered to the official hereinafter designated, or (b) upon actual receipt when deposited in the United States mail, postage prepaid, addressed as set forth herein, or at such other address as shall have been specified by written notice to the other party delivered in accordance herewith: City: Director of Public Utilities 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Developer: Mr. Edward Rockey, Owner Ed Rockev's Mobile Home Park 2828 N.W. 4601. Avenue Okeechobee. Florida 34974 A 26. Cost and Attorneys' Fees. In the event City or Developer brings an action to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, together with reasonable attorneys' fees. 27. Interpretation. Developer and City agree that all words, terms and conditions contained herein are to be read in concert, each with the other, and that a provision contained under one heading may be considered to be equally applicable under another in the interpretation of this Agreement. 28. Assignment. This Agreement may not be assigned by Developer without the prior written consent of City, which shall not be unreasonably withheld provided Developer's successor or assign expressly assumes Developer's obligations hereunder by execution of this Agreement. Capacity allocated hereunder may not be sold or assigned to any other property whether or not owned by Developer. 29. Strict Compliance. Failure to insist upon strict compliance of any of the terms, covenants, or conditions in this Agreement shall not be deemed a waiver thereof, 'nor shall any waiver of any right hereunder at any one time be deemed a waiver of such right at any other time. 30. Liabilitl. I, for myself, the owner, the Developer and our successors and assigns agree to hold harmless and indemnify the City of Okeechobee, the City Council, its employees and agents from any and all claims, damages, causes of actions or other liabilities that arise out of or in relation to the Florida Department of Environmental Regulation denial of applicable permits to provide sewer service to the property. 31. Time of the Essence. Time is hereby made of the essence of this Agreement in all respects. 32. Entire Agreement and Incorporation by Reference. This Agreement constitutes the entire agreement of the parties and expressly supersedes all negotiations, previous agreements or representations whether verbal or written, and may not be amended in any way whatsoever except by a writing executed by both parties hereto in a manner equal in dignity to the execution of this Agreement; provided however, that documents for the implementation of this Agreement, including all permits, engineering design and construction contracts, plans and specifications for the utility facilities as and when approved and filed with City's Department of Public Utilities are incorporated herein by reference. 33. Binding Effect. This Agreement shall inure to the benefit of and .be binding upon the heirs, successors, personal representativeb .and assigns of the parties hereto and shall constitute a covenant running with the Property. 34. Governing Law. This Agreement shall be governed by the laws of the State of Florida and the Ordinances, Resolutions and policies of City not prohibited thereby. The parties hereto stipulate that venue shall vest solely in Okeechobee County, Florida, and that in no event shall any dispute be submitted to binding arbitration. 10 IN WITNESS WHEREOF, the pit rLLon hereto Itnve caused this Agreement with t:ha named exhibitt3 ntLached Lo be ,executed in counterparts on the dny and yeor Clryt abova written. WITNESSES: DEVELOPER By: I Tit 1 e : f Attest: L / (SEAL) NOTARY PUBLIC, STATE OF FLORIDA', MY COMMISSION EXPIRES! APRIL 15, 199(, O BNOCD TNnU NOTARY PUBLIC UNO[RWRIT[Rgj CITY OF OKEECHOBEE ATTEST: OKEECHOBEE, FLORIDA By: City Clerk Mayor Date - A.,; nut:hot-17ed for execution by LI►e QAty Council in thelr r 1 «_i 1 _ , 19 , re8ulnt- mce'Li.ng. TRACT 14: From the Northwest corner of Section 7, Township 37 South, Range 35 East, run thence South 88 20' East, along Section Line a distance of 726 feet to a point thence South 0 08' West parallel to the West line of Section 7, a distance of 1056 feet for P.O.B.; thence South 88 20' East parallel to the North line of Section 7 a distance of 660 feet to a point, thence South 0 08' West a distance of 330 feet to a point, thence North 88 20' West a distance of 660 feet, thence North 0 08' East a distance of 330 feet to P.O.B. All in Section 7, Township 37 South, Range 35 East. TRACT 15: From the Northwest Corner of Section 7, Township 37 South, Range 35 East, run thence S 0 08' W along the Section line a distance of 1386.0 feet; thence run N 88 20' E parallel to the North boundary line of said Section 7 a distance of 726.0 feet for Point of Beginning; thence run S 0 08' W parallel to the West boundary line of Section 7 a distance of 330.0 feet; thence run S 88 20' E parallel to the North boundary line of said Section 7, a distance of 660.0 feet; thence run N 0 08' E a distance of 330.0 feet; thence run-N.88 20, W a distance of 660.0 feet to point of Beginning. All in Section 7, Township 37 South, Range 35 East. =-A List of Exhibits to Utility Agreement for Sewer Service Between the City of Okeechobee, Florida and Exhibit Name "A" Legal Description of Property . . . . . . . "B" Survey of Property . . . . . . . . . . . . "C" Schedule of Rates, Fees and Charges . . . . "D" Warranty Deed . . . . . . . . . . . "E" Bill of Sale . . . . . . . . . . . "F" Easements . . . . . . . . . . . . . . Section Preamble Preamble 6 11(b) 11(b) 11(b) ,%W °r.r EXHIBIT "C" Rates, Fees and Charges Developer agrees to pay the City of Okeechobee the following Fees to induce the City to reserve the following plant capacities for Developer's proposed connections within the "Property". Developer understands that plant capacities are only reserved upon payment of Charges by Developer to City. The fees set forth in the attached rate resolution are the fees in effect as of the date of this Agreement and are subject to changes in accordance with the terms thereof. Wastewater Connection Fees Based on a 2" Water Meter 6" Wastewater Connection Fee $ 956.25 Wastewater System Capacity Fee 9,600.00 TOTAL $10,556.25 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT dated , ("Agreement") between Okeechobee County, Florida, political subdivision of the State of Florida (the "County") and the City of Okeechobee, Florida, a municipal corporation of the State of Florida and located in the County (the "City") WHEREAS, Section 336.025, Florida Statutes, as amended and supplemented authorizes the levy by the County of up to six cents of taxes upon every gallon of motor fuel and special fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes, as amended and supplemented (the "Local Option Gas Tax"); WHEREAS, the County has levied all six cents of the Local Option Gas tax by the enactment of two ordinances as follows: Okeechobee County, Florida, Ordinance No. 83-4, enacted July 28, 1983, as amending levying four cents of the Local Option Gas Tax (the "4-cent Local Option Gas Tax"). Okeechobee County, Florida, Ordinance No. 85-8, enacted July 25, 1985, as amended, levying two cents of Local Option Gas Tax (the 112-cent Local Option Gas Tax"). WHEREAS, Section 336.025(3)(a)(1) authorizes the establishment of an Interlocal Agreement between the County and the City to divide the proceeds of Local Option Gas Tax between the County and the City; and WHEREAS, the County and City have agreed to such distribution. NOW, THEREFORE, the County and the City have agreed to such distribution. 1. The proceeds of the 4-cent Local Option Gas Tax shall be as follows: Recipient City of Okeechobee County of Okeechobee Share of Proceeds 22.13% 77.87% 2. The proceeds of the 2-cent Local Option Gas Tax shall be as follows: Recipient Share of Proceeds City of Okeechobee 22.13% County of Okeechobee 77.87% 3. This Agreement is effective October 1, 1992 and shall expire on September 30, 1993 unless amended as provided herein. 4. The Agreement may be amended at any time by written instrument executed and delivered by both the County and the City. 5. This _Agreement may be executed in any number of counter partsy each of which shall constitute an original, altogether one and the same instrument. IN WITNESS WHEREOF, the County and the City have caused this Agreement to be executed. ATTEST• OREE HOBEE COUNTY FLORIDA C ou y Commission Chairmiin ATTEST• CITY OF OKEECHOBEE, FLORIDA Bonnie Thomas, CMC, City Clerk James E. Kirk, Mayor MICHAEL WM. MORELL ATTORNEY AT LAW 310 WEST COLLEGE AVENUE ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32301.1406 ENVIRONMENTAL AND LAND USE LAW (904) 425-8300 (904) 425-8301 FACSIMILE May 26, 1992 VIA FACSIMILE (8131763-1686) AND U.S. MAIL John Drago City Administrator City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 34974 ALSO ADMITTED IN THE DISTRICT OF COLUMBIA E-q Re: City of Okeechobee; Revisions to Comprehensive Plan Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Recharge Element �w Dear John: w The purpose of this letter is to provide the City of Okeechobee with an estimate (not a guarantee or fee cap) of the cost of legal services for participating as a member of an interdisciplinary consulting team consisting of you, the City's engineers and myself to consider revisions to the above -referenced element of the City's comprehensive plan. I estimate that, consistent with the hourly rates and other details concerning expenses and billings quoted in my August 14, 1991 letter to the City,_ this project could be completed for approximately 02 000 - 2 500� My services would include meeting with you and the Cityv s engineers, briefing the team on current Department of Community Affair's policy and proposed rule revisions concerning water and sewer matters, reviewing the engineers' proposed revisions to the data and analysis and other support documents, reviewing other comparable municipality water and sewer elements, and drafting for the City Council's consideration recommendations and proposed revisions to the element's existing goals, objectives and policies which may follow from the revisions to the data and analysis. My estimate of services for this project does not include litigation or representing the City in plan amendment transmission and review proceedings concerning any amendments to the element which the Council decides to adopt. I would be more than willing, however, to provide such services to the City in a manner similar to the way in which I provided such services for transmission, d ado tion of the recent remedial plan amendments to the review an p City's originally adopted comprehensive plan. ,• � i�Y 'fir John Drago May 26, 1992 Page Two Please call me if you have any questions or wish to discuss this matter further. With best personal regards, I am Sincerely, kauew'" Michael Wm. Morell MWM : mm RMA Reese, Macon and Associates, Inc. May 6, 1992 City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 ATTN: Mr. John J. Drago RE: Comp Plan Modification Dear John: As we have discussed, the Comp Plan is not to tally reflective of the water and wastewater programs currently being pursued. It is prudent to update the plan to properly address the groundwater plant, surface water plant and wastewater plant, including distribution and collection systems. We expect the engineering costs required to produce the water treatment and distribution portion of the Data and Analysis, and the Capital Improvements Element will be $2,500. This will include the initial draft, a meeting with the Attorney and modifications per the meeting. If you have questions or wish to discuss this further, please call. WDR/clm Very truly yours, William D. Reese, P.E. 3003 S. Congress Avenue - Palm Springs, Florida 33461 - (407) 433-9311 Knepper&Willard, inc. Engineers May 14, 1992 John J. Drago City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 Re: City of Okeechobee Comprehensive Plan Modification Dear Mr. Drago: Knepper & Willard, Inc., is pleased to submit this proposal to review and provide information to update the referenced planning document. As we understand, the current Comprehensive Plan is not consistent and in conformance with the City's current program for wastewater collection and treatment. We propose to provide the necessary input and recommendations to the Data and Analysis and Capital Improvements elements for the lump sum fee of Two Thousand Five Hundred Dollars ($2500.00). This includes preparing an initial draft of the revised elements, a meeting with the attorney and a re -draft, based upon the results of that meeting. We appreciate this opportunity to again offer our services to the City of Okeechobee. If you have any questions or wish to discuss this any further, please contact me. Very truly yours, KNEP R & WILLARD, INC. x. Daniel S. Willard, P.E. Hillsborough (813) 281-0120 3030 North Rocky Point Drive West Pinellas (813) 821-3291 Suite 570 Pasco (813) 846-0846 Tarnpa. FL 33607-5905 FAX (813) 281 -1 156 Y May 28, 1992 Mayor and Council City Hall 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Dear Mayor and Council: I would like to appear before the Council at their regularly scheduled meeting of June 2, 1992 to discuss zoning. Sincerely, 92' . c". M. E. Wheeler /rQKEf 10 0 C,y ,1�`� ; F..,.. G�Z 'fir "� ♦ 1 '; City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932.813/763-3372 May 26, 1992 Mr. Martin O'Shea Okeechobee Building/Zoning Dept. 303 N.W. Second 'Street Okeechobee, FL 34972 Re: Development app. Watford Trucking Dear Martin: Ue at the City have reviewed this building permit application, and thank you for yoL1: -eVieW of UUL comp-1 enensive plan and input as to Your cone -erns abo;;L this pai:ticuiar application as it relatis to the goal, poll.:,. and oajcrtiv L; u,_ the City plan. It appears that the i= for the erection of a steel allllCling to CUVcE':.�;tl, 1.Li1� t1i1:�, so as to k� L L1_leni out of the weather anc'. to :,::event tl fuel leafage and rainwater from fooling togetht•L t.11at DER will not tell Wl tford in advance what _ .. will (1c, he attempts to discard this fuel aild w"atel" 1111 :tL11.�; 'oUL lh: iS ��:]d1 _, �i We, t'iut if he attem ited to deposit this mi: ! u _ in the CiLl ditch for instance, that DER would certainly initiat- soln sort cf e_:foL _'111EI1t action to prevent this. Therefore, Watfo-,' attem-,;t.J L.+ avoid this problem by erecting this structure. As this attempt -c-late:: to our plan, it is our opinion that erecting this cuv-'-i. wli.l 11Ut the size nor intensity of the land use, nor coin ;titute an c_::I:ansion of the existing use. 671h,i1e this approach does riot work touar(ls the elimination or L =uuctio:z of a use which may be inconsistent with the future land use elements, we are engaged in informal discussions with the Watfords towards that end, and rec::,mrienu apfroval of 1—his application at this time for the reasons related herein. Kindest Regard , -.3 John R. Cook City Attorney JRC:lfy r✓ 0 Knepper&Willard, inc. Engineers May 26, 1992 Mr. John Drago City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 RE: Presentation to City Council - Expansion of the City of Okeechobee's WWTP and Effluent Reuse System K & W Project No. 7210.92 Dear Mr. Drago: Please accept my regrets at not being able to attend your regularly scheduled Council Meeting on June 2, 1992. Earlier this month I wrenched my right knee while leaving the office, and recently had surgery accomplished to repair the injury. The earliest follow-up visit my doctor was able to schedule was June 2, and he is adamant that I do no extended traveling, especially driving, until he has had the opportunity to check the results of the surgery and my progress in rehabilitating the knee. During my appointment, I anticipate receiving his "blessing" to undertake traveling as well as further instructions on rehabilitation. Consequently, I understand that the presentation will be re -scheduled for the next regular Council Meeting on June 16, 1992. Our brief presentation is to outline the work accomplished in Phase I, and discuss the activities and authorization for Phase II of the above referenced project. As such the presentation will be in the order of 10 -15 minutes with the remaining time allotted for Council questions regarding the program being undertaken. Should you have any questions at this time, please feel free to call me; otherwise I look forward to seeing you on June 16. Very truly yours, KNEPPER & WILLAR , INC. fit/ • / Terry epper, , DEE Prin al ngineer TWK/smm cc: Ben Loftin, Public Utilities Director 2016 Delta Boulevard Suite 202 (904) 385-9840 Tallahassee, Florida 32303 Fax (904) 385-5173 pF pKEF�y r✓ r,,,r . Om CITY OF OKEECHOBEE �� oP MEMORANDUM •R\ TO: Mayor and Council DATE: THRU: SUBJECT: THRU: FROM: John J. Drago, City Administrator May 27, 1992 Meeting with County On Tuesday, May 26, 1992, John Cook and myself met with John Cassels, Bill Royce and Dave Riveria to discuss the Building and Zoning issue. The County admitted that they have internal problems that give the overall impression that the Department is not running efficiently. The County indicated that Bill Royce was hired to reorganize the Department and implement new permitting procedures to be consistent with the County's Comp Plan. The County will let the City review all procedures for the City before they are implemented. The County is still interested in functioning as the City's agent for Building and Zoning matters. The City requested that the County give the City a more precise plan on how the County would like to coordinate the Building and Zoning functions. Also the plan will address how Comp Plan interpretations are handled along with appeals.