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2002-08-06 Regular372 OF 07 CITY OF OKEECHOBEE AUGUST 6, 2002 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 11 AGENDA Ill COUNCIL ACTION -DISCUSSION -VOTE 11 CALL TO ORDER - Mayor: August 6, 2002, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor John W. Keith; Pledge of Allegiance led by Mayor Kirk. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE -City Clerk. Mayor James E. Kirk Council Member Noel A, Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr, City Attorney John R. Cook City Administrator Bill L, Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim September 10, 2002 as a Special City Election to consider a Referendum to the City Charter. Mayor Kirk called the August 6, 2002 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Council Member Watford in the absence of Pastor John W. Keith; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Absent Present Present Present Present Present Absent Mayor Kirk read the proclamation as follows: "Whereas, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call Special City Elections at the time and manner provided therein. Now, therefore, I James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a SPECIAL CITY ELECTION by the duly qualified electors of the City of Okeechobee, Florida, be held on Tuesday, September 10, 2002, durilng the regular hours of voting, towit: from 7:00 a.m. to 7:00 p.m, to considera Referendurnto the City Charter, Section 32, to delete the requirement that the Office of the City Clerk be elected and in its place and stead, insert that "The person holding the Office of City Clerk shall be appointed from time to time by majority vote of the City Council for the City of Okeechobee." A special balloft wiiII be available for City electors only to vote on this question at said election which shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the First Primary Election of Okeechobee County. AUGUST 6,2002 - REGULAR MEETING - PAGE 2 OF 8 373 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 0 VI VIL MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 16, 2002 Regular Meeting AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the July 16, 2002 Regular Meeting,- seconded by Council Member Williams VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business item H regarding the Adelphia franchise , was added. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. A. 1. a) Motion to read by title only, proposed Ordinance No. 787 amending Council Member Watford moved to read by title only, proposed Ordinance No. 787 amending Section 156 of the Land Section 156 of the Land Development Regulations, providing for the Development Regulations, providing forthe election of Chairperson's to Citizen Advisory Boards; seconded by Council election of Chairperson's to Citizen Advisory Boards - City Attorney Member Williams. (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 374 AUGUST 6, 2002 - REGULAR MEETING - PAGE 3 OF 8 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 787 by title only. City Attorney read proposed Ordinance No. 787 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, SECTION 156 THEREOF; ESTABLISHING RULES OF PROCEDURE; PROVIDING FOR ELECTION OF CHAIRPERSONS TO CITIZEN'S ADVISORY BOARDS; PROVIDING FOR A TERM THEREOF; PROVIDING FOR PROCEDURE IN THE EVENT OF VACANCY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 787. (Land Planning Agency recommends approvao. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. Council Member Chandler moved to adopt proposed Ordinance No. 787; seconded by Council Member Williams. Mayor Kirk asked if there where any questions or comments from the public, There were none, There was a short discussion between the Council and Staff concerning explanation from the City Attorney regarding Ordinance No. 787. VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED PUBLIC HEARING AT 6:10 P.M. A. 1. a) Motion to read by title only and set September 3, 2002 as a final Council Member Watford moved to read by title only and set September 3, 2002 as a final public hearing date for public hearing date for proposed Ordinance No. 801 closing the proposed Ordinance No. 801 closing the alleyways in Block 111 and 120 City of Okeechobee; seconded by Council alleyways in Block 111 and 120 City of Okeechobee - City Attorney Member Williams. (Exhibit 2). AUGUST 6, 2002 - REGULAR MEETING - PAGE 4 OF 8 375 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 VIII. NEW BUSINESS CONTINUED A. 1. b) Vote on motion to read by title only and set public hearing date. A. 1. c) City Attorney to read proposed Ordinance No, 801 by title only A. 2. a) Motion to approve the first reading of proposed Ordinance No. 801 b) Discussion c) Vote on motion. B Reconsider dates and times for the 2002/2003 Budget Workshops - City Administrator (Exhibit 3). VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. City Attorney read proposed Ordinance No. 801 by title only as follows: "AN ORDINANCE CLOSING, VACATING AN D ABANDONING TH E ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCKS 111 AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Chandler moved to approve the first reading of proposed Ordinance No. 801; seconded by Council Member Williams. Council Member Watford asked City Clerk Thomas why Block Zoning Map. Clerk Thomas verifyed the alleys in Blocks 111 & Ordinance No. 801, were not previously closed. VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 120 showed that it was already closed on the City's 120 City of Okeechobee as described in the title of Council Member Watford commented the reason for bringing this up (dates of budget workshops), on the agenda was that he would not be available on the date that had been set at the last City Council Meeting. There was a brief discussion between the Council and Staff regarding the dates for the 2002/2003 Budget Workshop(s), 376 AUGUST 6, 2002 - REGULAR MEETING - PAGE 5 OF 8 AGENDA COUNCIL ACTION - DISCUSSION -VOTE Vill. NEW BUSINESS CONTINUED B Reconsider dates and times for the 2002/2003 Budget Workshops Council Member Watford moved to set the 2002/2003 Fiscal Year Budget Workshops dates and time as follows: continued. III August 19", 2002 at 6:30 p.m, and if needed, August 26", 2002 at 6:30 p.m.; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Consider awarding a Street Sweeping Bid - City Administrator Council Member Watford moved to award the Street Sweeping Bid to Charlie's Lawn Maintenance in the amount of (Exhibit 4). 111 thirty two thousand seven hundred eight dollars ($32,708.00); seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. City Administrator Veach noted that it was an increase from last year, also he noted in the absence of the Director of Public Works Donnie Robertson, speaking for Donnie, that he was pleased with their service and the improvements sincelastyear. The Mayor instructed City Attorney Cook to write a clause in the contract.. ."that the work performed by Charlie's Lawn and Maintenance should be satisfactory to the standards of the City of Okeechobee." D. Motion to adopt proposed Resolution No. 02-10 pertaining to a City Attorney read proposed Resolution No. 02-10 by title as follows: "A RESOLUTION OF THE CITY OF Master Traffic Signal Maintenance and Compensation Agreement - OKEECHOBEE FLORIDA AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN INTERLOCAL City Attorney (Exhibit 5). AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION "MASTER TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT19; PROVIDING FOR PERFORMANCE THEREOF BY THE CITY OF OKEECHOBEE DEPARTMENT OF PUBLIC WORKS; PROVIDING FOR AN EFFECTIVE DATE. AUGUST 6, 2002 - REGULAR MEETING - PAGE 6 OF 8 377 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 Vill. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No, 02-10 pertaining to a Council Member Watford moved to adopt proposed Resolution No. 02-10 pertaining to a Master Traffic Signal Master Traffic Signal Maintenance and Compensation Agreement Maintenance and Compensation Agreement seconded by Council Member Williams, continued. City Administrator Veach stated that the contract was low end pay. He also noted that he contacted the City's insurance carrier and received a letter from them stating that if the City entered into this contract the City would be covered. There was a short discussion between the Council and the Staff regarding this issue. VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Discussion regarding waiver of uncollectible past due trash billables City Administrator Veach stated that he spoke with the City's auditing company, Hoyman Dobson and they - City Administrator recommended we waive past due trash bills, due to the fact that some bills were several years old. HoymanDobson & Co. also recommended we waive the past due bills in order to get the bills off of the books. Accounts Supervisor Lola Parker noted that in the past bills have been written off. Administrator Veach recommended we waive bills that are seventy-five days overdue as uncollectible for accounting purposes. Council MemberWatford stated his concerns regarding waiving of uncollectible bills. Administrator Veach noted that the City will instruct Okeechobee Utility Authority to pursue every account that they feel they can collect. Council Member Watford moved to consider all garbage billings over seventy five days uncollectible, write them off for accounting purposes; seconded by Council Member Williams. Motion and second was withdrawn. Council Member Watford moved to consider all garbage billings that are seventy five days old or older as of September 30,2002, uncollectible and vaite them off for accounting purposes; seconded by Council Member Williams. W&E61 NX961, AUGUST 6,2002 - REGULAR MEETING - PAGE 7 OF 8 AGENDA VIII. NEW BUSINESS CONTINUED. E. Discussion regarding waiver of uncollectible past due trash billables continued. F. Revise the maximum proposed roll back rate to 22.30% - City Administrator. G. Review of Annual Audit - City Administrator ITEM ADDED TO THE AGENDA: H. Discussion on Adelphia Franchise COUNCIL ACTION - DISCUSSION -VOTE VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There was a short discussion between the Council and the Staff with explanation of this corrective change regarding the roll back rate. Council Member Watford moved to revise the maximum proposed roll back rate to 22.30%; seconded by Council Member Chandler, VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. City Administrator Veach stated that overall the audit this year was very good, Council Member Watford noted that he wanted to put this on the agenda for the record showing we have received the audit. He stated that everything looked good. There were some problems but the City is working on them. Administrator Veach stated that next year we will receive the audit earlier in the year. The audit was late this year due to change in the auditor at the Okeechobee Utility Authority, The Mayor thanked the Council for placing it on the agenda. Council Member Williams stated that he asked to put Adelphia on the agenda because he received a letter from Adelphia stabng that they were going to raise their rates. Then he read in the newspaper that the owner of Adelphia and his son were arrested. Council Member Williams wanted to urge the Council to pass a Resolution, stating that the City was not happy with their service, He then recommended that the City mail the Resolution to the County Commissioners, State Senators, and to Adelphia. AUGUST 6,2002 - REGULAR MEETING - PAGE 8 OF 8 379 AGENDA MI. NEW BUSINESS CONTINUED. E. Discussion on Adelphia Franchise continued. IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDIN(; I' S MADE, VVHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED ATTEST: -7 bnnie S. Thomas, CMC, City Clerk e�� James E. firk, Mayor COUNCIL ACTION - DISCUSSION -VOTE The Council instructed the City Attorney to draw up Resolution No. 02-12 showing disapproval of Adelphia's level of services. Mayor Kirk recommended we write this Resolution in order to protect ourselves and the Citizens of Okeechobee. Attorney Cook stated that the Council could pass Resolution No. 02-12 tonight, and bring it drawn up on the next Agenda for the City Council on August t9, 2002., Council Member Williams made a motion that we pass Resolution No. 02-12 that the attorney draw up a Resolution and the Mayor sign it on behalf of the City and Council opposing this rate increase; seconded by Council Member Chandler, VOTE KIRK - YEA CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7: 35 p.m. V/ PAGE-1- City of Okeechobee - August 6,2002 - Regular City Council Meeting - Hand*Tftn Minutes 1. CALL TO ORDER - Mayor: � I r �- August 6, 2002, City Council Regular Meebnq, 6:00 p.m. Dbw Iry ro 11. OPENING CEREMONIES: Invocation offered by Pastor John W. Keith Pledge of Afiegiance led by Mayor III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiotea Secretary Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim September 10, 2002 as a Special City Election to consider a Referendum to the City Charter. " rt�ad pvllc� ajto� V. MINUTES - City Clerk. C, A. Council Member -6�±;oved to dispense with the reading and approve the Summary of Council Acton for the July 16, 2002 Regular Meeting; seconded by Council Member C t�� . VOTE YEA NAY ABSTAIN ABSENT KIRK \,7- CHANDLER OLIVER WATFORD WILLIAMS MOTION t-C-�ARRIED DENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. add OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 0�0p.rn. WVtj,j I)eL,7 bu 5 fri R,15S A. 1. a) Council Member DW to read by fitle only, proposed Ordinance No. 7F amending Section 156 of the Land Development Regulations, providing for the election of Chairperson's to Citizen Advisory Boards - City Attorney (Exhibit 1); seconded by Council Member C L^-J . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK 9-UALInt CC) OLIVER WATFORD Un I " A RA 11 MOTION (.QA , �RRIE - DENIED 0 PAGE -2- C) City Afforney to read proposed Ordinance No. 787 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, SECTION 156 THEREOF; ESTABLISHING RULES OF PROCEDURE; PROVIDING FOR ELECTION OF CHAIRPERSONS TO CITIZEN'S ADVISORY BOARDS; PROVIDING FOR A TERM THEREOF; PROVIDING FOR PROCEDURE IN THE EVENT OF VACANCY; PROVIDING FOR AN EFFECTIVE DATE. " �JQ- 2. a) Council Memberi24�, , to adopt proposed Ordinance No. 787. (Land Planning Agency recommends approval); seconded by Council Member C- �J . b) Public Comments. ftmeakc,- WC,0 Unt dAa an Dnotlloo 01'-SQUz),(yN ewo'emiril �cu-o c i I wy\� n-� vssa ry C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION DENIED -eyplak)thot) 6/an N ik"-,Pv �D CLOSE PUBLIC HEARING - Mayor (01 P.M. V11. NEW BUSINESS. A. I. a) Council Member to read by title only and set September 3, 2002 as a final public hearing date for proposed Ordinance No. 801 closing the alleyways in Block 111 and 120 City of Okeechobee - City Attorney (Exhibit 2); seconded by Council Member(',W b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION DENIED ur %-#ILY "Luji I 1%,y LW I �"� F---- - -, - 1: G AND ABANDONING THE AL S OR ALLEYWAY'S CLOSING, V W LOCATED IN BLOCKS 111 AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE C) City Attorney to read posed Ordinance No. 801 by title only. A &ORDINANCE )S CLOSING, VAC G AND ABANDONING THE ALOV'S OR ALLEYWAY LOCATED IN BLOCKS 111 AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A. 2. a) Council Member 11 C- to approve the first reading of proposed Ordinance No. 801; seconded by Council Meml�e-r-j-. b) Discussion. 1 06�� - MAAJO )ZqWLAJ6 C le ( V T-hb tyZ '0 � vlf� -e I h Q- 0-5 C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK %.1 CHANDLER V' OLIVER WATFORD WILLIAMS MOTION DENIED alll� -on ta � /-,)- 0 - 4 ir) _.e ot 0 y Or b � 16.S � // �- /---) () de� c i 12h9cl in hP-e &--� brol -`�O I C� I - (' Ck B. Reconsider dates and times for the 2002/2003 Budget Workshops - City Administrator (Exhibit 3). &�- ff bl�A" ODW I YLC- 4'0'0� � C� rntu try,40UP-e- Rh cao aw 0 0 PAGE -4- C. Consider awarding a Street Sweeping Bid - City Administrator (Exhibit 4). c)vj nzve� tc oxu a,,,,o), ) - -w Yaw-r\-) Ck/YY\kLkA-\-+ 3011-7 v fa" fvu� rLouv� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION qgiii� DENIED t &041- OA"1-11 D. Motion to adopt proposed Resolution No. 02-10 pertaining to a Master Traffic Signal Maintenance and Compensation Agreement - City Attorney (Exhibit 5). rmA-vv �-) aLtor� 9 06LUkA-,�� -Ovphl- Au LIE) 0—" '-�- Pj-�� 4 .F . . 0 a PAGE -5 DO& 4 E. Discussion regarding waiver of uncollectible past due trash billables - City Administrator 0-Mau - UX Ir P 4fbqM 6wc, nm�td M I =6W VA go baq�o . pm�� Lk)OjU.)Y &0 OXU 1-ka �11 9 at/ dL�a k.WOYW,,r& JA�, tt� . 115- azl-pt a-e,� 19 iw Ow eop_sm4erall ;) ao PA) Vj"' 0, W . -, 'J'5 OPP Ql�)Jler Ot Owb�XI)_-Q- b) 75 ctaL15 or- older por. VO f" F. R!.svise the maximum proposed roll back rate V22. City Administrator L'U) PC C' ky 4if C/\ rttr "_�,Qcf rv-kll I- Corrvc:h VRj_ 0 0 PAGE -11- City of Okeechobee - August 6, 2002 - Regular City Council Meeting - Handwritten Minutes I. CALL TO ORDER - Mayor: August 6, 2002, City Council Regular Maefing, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by B@ft�� C�- Q5- 'j�� Pledgg of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watfor Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiote� Secretary Adriana Berry PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim September 10, 2002 as a Special City Election to consider a Referendum to the City Charter. kP MINUTES - City Clerk. Council Member(—e& moved to dispense with the reading and approve the Summary of Council Acton for the July 16, 2002 Regular Meeting; seconded by Council Member tU-) VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION C41ED — DENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARI'G FOR ORDINANCE ADOPTION : Mayor. o -7 p.m. A. 1. a) Council Member � 0) to read by title only, proposed Ordinance No. 787 amending Section 156 of the Land Dev&lopment Regulations, providing for the election of Chairperson's to Citizen Advisory Boards - City Attorney (Exhibit 1); seconded by Council Member t& b) Vote on motion to read by fitle only. VOTE KIRK CHANDLER OLIVER — WATFORD WILLIAMS YEA NAY ABSTAIN ABSENT N MOTION CARRIED — DENIED PAGE -2- City Attorney to read proposed Ordinance No. 787 by W only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, SECTION 156 THEREOF; ESTABLISHING RULES OF PROCEDURE; PROVIDING FOR ELEC11ON OF CHAIRPERSONS TO CITIZEN'S ADVISORY BOARDS; PROVIDING FOR A TERM THEREOF; PROVIDING FOR PROCEDURE IN THE EVENT OF VACANCY; PROVIDING FOR AN EFFECTIVE DATE. 2. a) Council Member .. to adopt proposed Ordinance No. 707. (Land Planning Agency wl-� recommends app;6vik seconded by Council Member I ki�� . b) Public Comments. uJa-t�"- C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER 5 WATFORD WILLIAMS ---i� MOTION<CAjR:1 - DENIED CLOSE PUBLIC HEARING - Mayor — p.m. VII. NEW BUSINESS. A. 1. a) Council Member to read by title only and set September 3, 2002 as a final public hearing date for proposed Ordinance No,.Qglosing the alleyways in Block 111 and 120 City of Okeechobee - City Attorney (Exhibit 2); seconded by Council Member d.&) b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK R/ CHANDLE OLIVER WATFORD WILLIAMS MOTION C)1�!I�D DENIED PAGE -3- C) City Attorney to read proposed Ordinance No. 801 by tide only. AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAY'S LOCATED IN BLOCKS 111 AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A. 2. a) Council Mernbe to approve the first reading of proposed Ordinance No. 801; seconded to r 7 by Council Mernber b) Discussion. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT IRK ""�CHANDLER OLIVER WATFORD WILLIAMS MOTION (A _1��ED - DENIED B. Reconsider dates and times for the 2002/2003 Budget Workshops - City Administrator (Exhibit 3). / 61 — (= - -S C-�� CV) PAGE -4- C. Consider awarding a Street Sweeping Bid - City Administrator (Exhibit 4). 763 /2-4� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOT ON (!�R�RD - DENIED D. Motion to adopt proposed Resolution No. 02-10 pertaining to a Master Traffic Signal Maintenance and Compensation Agreement - City Attorney (Exhibit 5). t", 0�— LOT? PAGE -5- E. Discussion regarding waiver of uncollectible past due trash billables - City Administrator C, 7 hU, to b,,� 6 7S F. Revise the maximum proposed. roll back rate to 22.30% - City Administratof"`�� . & . 0 0 PAGE -6- G. Review of Annual Audit - City Administrator X4,7 7�a CA 64 L,6- 7// cc-,C-� L � 0- j n,&- IX. ADJOURN MEETING - ayo p.m. t C., YL, il a� 9 0 CITY OF OKEECHOBEE AUGUST 6, 2002 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA 1. CALL TO ORDER - Mayor: August 6, 2002, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor John W. Keith Pledge of Allegiance led by Mayor. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim September 10, 2002 as a Special City Election to consider a Referendum to the City Charter. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 16, 2002 Regular Meeting. PAGE 1 OF 3 , a? .............. . .. .. .. .. .. .. . ....... . .. .. .. .. .. .. . .... . .. .. .. . .... . items Oil today S 'ejda. Mayor. wal 0 I or ,,4jthdTa s 10. deferra e,,t pwvla�lo` X. RequIests for the adsflo", VINANCV, 8DOrf-ION . mayor. Secf'011 156 of the LaIld-De" �109,1 0 mendirig (tjj3bit I) LIC "AVJNG YOV- g),dijanceSO. 'S' ads - City AttorRey Aleoray'PTOPOse . xavisory'BoaT VII. Motiol, to read by U rs011 , s to cifizef, I of Chairpe for t 'he ejeef lot to TeaS by title 0111y ,,o. IgI by title ovily ,vote oil moflork ad Vtoposed O'S b) city o0racy to fe ,,�ce (Land planning AgencY reconmends approval). 0 oce'so. I a) Motio, to adoptproposea 0"", Comme'll's- 0 Vote 011 Mofloll, or- 40.0 the C date for proposed Ovaillarice CLOSE Pu-BLI iblicheaTilig ,Iber 3,'20()2 as a raeY N-E w BlUSIN-ESS. je 0111y od Sep eechobee - City Atto VIII. lead by fit d 12,0 City Of 0V Motion to B106k I I I OA a) Ileyways cj set P'JbV'c heaftag date' a or, mof a by title OPAY b) vote lot, to tea Proposed OT&Ijoce'SO- go I by title 01Nly 0 city kttoraey to read AUGUST 6,2002 - CITY COUNCIL AGENDA - PAGF 3 nF 3 VIII. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of proposed Ordinance No. 801. b) Discussion. C) Vote on motion. B. Reconsider dates and times for the 2002/2003 Budget Workshops - City Administrator (Exhibit 3). C. Consider awarding a Street Sweeping Bid - City Administrator (Exhibit 4). D. Motion to adopt proposed Resolution No. 02-10 pertaining to a Master Traffic Signal Maintenance and Compensation Agreement - City Attorney (Exhibit 5). E. Discussion regarding waiver of uncollectible past due trash billables - City Administrator F. Revise the maximum proposed roll back rate to 22.30% - City Administrator G. Review of Annual Audit - City Administrator IX ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. Emeff t — Aue 6 AeEmm ORDINANCE NO. 787 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, SECTION 156 THEREOF; ESTABLISHING RULES OF PROCEDURE; PROVIDING FOR ELECTION OF CHAIRPERSONS TO CITIZEN'S ADVISORY BOARDS; PROVIDING FOR A TERM THEREOF; PROVIDING FOR PROCEDURE IN THE EVENT OF VACANCY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the policy, procedures, and duties of the various citizen boards for the City of Okeechobee are established in Section 150 of the Land Development Regulations for the City; and WHEREAS, the procedures provide for, among other areas, the appointment and term of office for such citizen's boards, and the election of chairpersons for each board, but do not set forth the manner or frequency of election of such chairpersons; and WHEREAS, the City Council for the City of Okeechobee believes it to be in the best interests of the citizens of Okeechobee, as well as those persons who volunteer to serve on a citizen's board, for the periodic election of chairpersons to such boards to achieve diversity of opinion and direction for the board, and to relieve the chairperson from the responsibility and duties of such position from time to time; therefore: BE IT ORDAINED and adopted by majority vote of the City Council that Section 156, Land Development Regulations, City of Okeechobee, Florida, is hereby amended in the following respects: 156 CITIZEN BOARD OFFICERS AND RULES OF PROCEDURE (Section 1-7 remain unchanged) 8. Each citizen's advisory board for the City of Okeechobee shall include on its agenda for its meeting during the month of May, the election of a chairperson and vice -chairperson for the board, such positions being held for a term of two years from the month of election, with elections thereafter to be held every two years. The board shall entertain the nomination of up to three members to serve in each position, and publically elect one person to each position by majority vote. As board members typically hold their positions on their respective boards for a term of three years, with overlapping terms for members, and as members occasionally resign or are removed from a board during their term, in the event a member who serves as chairperson or vice chairperson should not fulfill their term in that position for any reason, then the respective board shall include on its regular agenda, in the first month following the loss of such chairperson, the election of such replacement chairperson or vice -chairperson. A person elected in this manner shall hold the position for the balance of the term of the departed member, with the next regular election held in the appropriate year in the month of May as provided herein. Page 1 of 2 0 0 INTRODUCED for first reading and set for final public hearing on this 4th day of June,2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of August, 2002. ATTEST: James E. Kirk, Mayor Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 0 0 AGENDA IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend sections specifically regulating non -conforming uses. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend sections specifically regulating Citizen Board Officers. May 28, 2002 - Land Planning Agency - Page 4 of 5 ACTION - DISCUSSION - VOTE Attorney Cook explained that he recently came across an issue where a specific property has been in non -conforming status for a long time. The property recently transferred ownership and in doing so the does not have to comply with current code and regulations. The Land Development Regulations does not at this time have jurisdiction on transferring ownerships of properties. This proposed amendment will then make all sales.of properties or transfers of ownerships now comply will all current codes and regulations. There was no public comment. There was no discussion from the Board. Board Member Keller moved to recommend that the Land Planning Agency recommend to the City Council to approve the request to amend Volume One of the Unified Land Development Code for the sections pertaining to non -conforming uses. Board Member Hoover seconded the motion. VOTE HoOVER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that this amendment will require all Citizen Boards to regulate the election of a chairperson to every two years. He explained that some of the Boards have chairpersons that have been chair for several years and this would allow other members to have an opportunity. There was no public comment. There was no discussion from the Board. 0 0 AGENDA IV. NEW BUSINESS CONTINUED. May 28, 2002 - Land Planning Agency - Page 5 of 5 ACTION - DISCUSSION - VOTE D. Consider amending Volume One of the Unified Land Development Code (Land Board Member Keller moved to recommend that the Land Planning Agency recommend 1:5 e� Development Regulation's - LDR's). The proposed will amend sections to the City Council to approve the request to amend Volume One of the Unified Land specifically regulating Citizen Board Officers continued. Development Code for the sections pertaining to Citizen Board Officers. Board Member Ledferd seconded the motion. VOTE HOOVER -YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MUELLER - YEA WALKER - YEA 11 MOTION CARRIED. V. ADJOURNMENT -CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning There being no further items on the agenda, the meeting was adjourned at 7:25 p.m. Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, an� for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. III ATTEST: Carolyn Arnold, Secretary Jerry Walker, Chairperson Exmiw I - A ue 6 A eam ORDINANCE NO. 787 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, SECTION 156 THEREOF; ESTABLISHING RULES OF PROCEDURE; PROVIDING FOR ELECTION OF CHAIRPERSONS TO CITIZEN'S ADVISORY BOARDS; PROVIDING FOR A TERM THEREOF; PROVIDING FOR PROCEDURE IN THE EVENT OF VACANCY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the policy, procedures, and duties of the various citizen boards for the City of Okeechobee are established in Section 150 of the Land Development Regulations for the City; and WHEREAS, the procedures provide for, among other areas, the appointment and term of office for such citizen's boards, and the election of chairpersons for each board, but do not set forth the manner or frequency of election of such chairpersons; and WHEREAS, the City Council for the City of Okeechobee believes it to be in the best interests of the citizens of Okeechobee, as well as those persons who volunteer to serve on a citizen's board, for the periodic election of chairpersons to such boards to achieve diversity of opinion and direction for the board, and to relieve the chairperson from the responsibility and duties of such position from time to time; therefore: BE IT ORDAINED and adopted by majority vote of the City Council that Section 156, Land Development Regulations, City of Okeechobee, Florida, is hereby amended in the following respects- 156 CITIZEN BOARD OFFICERS AND RULES OF PROCEDURE (Section 1-7 remain unchanged) 8. Each citizen's advisory board for the City of Okeechobee shall include on its agenda for its meeting during the month of May, the election of a chairperson and vice -chairperson for the board, such positions being held for a term of two years from the month of election, with elections thereafter to be held every two years. The board shall entertain the nomination of up to three members to serve in each position, and publically elect one person to each position by majority vote. As board members typically hold their positions on their respective boards for a term of three years, with overlapping terms for members, and as members occasionally resign or are removed from a board during their term, in the event a member who serves as chairperson or vice chairperson should not fulfill their term in that position for any reason, then the respective board shall include on its regular agenda, in the first month following the loss of such chairperson, the election of such replacement chairperson or vice -chairperson. A person elected in this manner shall hold the position for the balance of the term of the departed member, with the next regular election held in the appropriate year in the month of May as provided herein. Page 1 of 2 INTRODUCED for first reading and set for final public hearing on this 4' day of June,2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 60' day of August, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor AGENDA IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend sections specifically regulating non -conforming uses. 0 Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend sections s 'f peci ically regulating Citizen Board Officers. I May 28, 2002 - Land Planning Agency - Page 4 of 5 ACTION - DISCUSSION - VOTE Attorney Cook explained that he recently came across an issue where a specific property has been in non -conforming status for a long time. The property recently transferred ownership and in doing so the does not have to comply with current code and regulations. The Land Development Regulations does not at this time have jurisdiction on transferring ownerships of I properties. This proposed amendment will then make all sales.of properties or transfers of ownerships now comply will all current codes and regulations. There was no public comment. There was no discussion fTom the Board. Board Member Keller moved to recommend that the Land Planning Agency recommend tn' :M to the City Council to approve the request to amend Volume One of the Unified Land Development Code for the sections pertaining to non -conforming uses. Board Member 25 Hoover seconded the motion. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that this amendment will require all Citizen Boards to regulate the election of a chairperson to every two years. He explained that some of the Boards have chairpersons that have been chair for several years and this would allow other members to have an opportunity. There was no public comment. There was no discussion from the Board. AGENDA IV. NEW BUSINESS CONTINUED. May 28, 2002 - Land Planning Agency - Page 5 of 5 ACTION - DISCUSSION - VOTE D. Consider amending Volume One of the Unified Land Development Code (Land Board Member Keller moved to recommend that the Land Planning Agency recommend 2n 2!) Development Regulation's - LDR's). The proposed will amend sections to the City Council to approve the request to amend Volume One of the Unified Land Development Code for the sections pertaining to Citizen Board Officers. Board Member specifically regulating Citizen Board Officers continued. Ledferd seconded the motion. 25 VOTE HoOVER-YEA JONES-YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. V. ADJOURNMENT - CHAIR -PERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning - 11 There beina no further items on the agenda. the meeting was adjourned at 7:25 p.m. Azency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. Jerry Walker, Chairperson ATTEST: Carolyn Arnold, Secretary 0 Emw 2 - AUG 6 Affmm ORDINANCE NO. 801 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCKS I I I AND 120, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit - A 15 foot wide alley in Block Ill, City of OKEECHOBEE, according to the Plat thereof recorded in Plat Book I Page 10, Public Records of Okeechobee County, Florida; more particularly described as that alley running East to West between Lots 1 to 6 and 7 to 12 of said Block 111. A 15 foot wide alley in Block 120, City of OKEECHOBEE, according to the Plat thereof recorded in Plat Book I Page 10, Public Records of Okeechobee County, Florida; more particularly described as that alley running East to West between Lots 1 to 6 and 7 to 12 of said Block 120. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 3 rd day of September, 2002, and shall takeeffect immediately upon its adoption. Page 1 of 2 0 0 INTRODUCED for first reading and set for final public hearing this 61h day of Auqust, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 3rd day of -September, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor 0 0 CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: � 0— T eforegoin instrument was acknowledged before me this I.C-L .2, ) CC 2- by ai- (AXLC and whoisferson fiNnownlomeor (app I licali (co -applicant) who produced — as identification and who did (did not) take oath. Notary Public, Commission No.JLLL703�- (signature) Toni Turbeville (Name of Notary typed, printed or stamped) �COMMISSION# UMIU56 EXPIREb November 4, 2005 10NOID THRU TROY MIN INSURMICE INC CHLOH OF GOD WARRAN' DEED *,,, (Local) ", 227 P?C-1304 state of KNOW ALL MEN BY THESE PRESENTS, KEECHOBEE County That, for and in consideration of tne sum of $_1�1, 5 0 0. 0 0 OURTEEN THOUSAND AND FIVE HUNDRED DOLLARS & 00,1100 ------------------ ---- ------------------ -------- ----------------- .... . ..... . ...... --------- - -------- - -------- - --- casn. and the further consideration of A p3Arq11as-e ---- Manev the- 00) THQUZZLIM AND EI.V HIMD11E.DD-OLLARS receipt being acknowledged In full, and in hand paid to grantors by the grantees named in this conveyance, W --B.QST .... TXC---A-EL.0RI.DA---- ORPORATION --------- . .... . ......... the said - ----- - ------ grantors do. GRANT, BARGAIN, SELL and CONVEY unto grantees . ......... ---- LARRYL-BOND - -------- - ATHANIEL HAZELLIEF --------- ' .-----..R-OBE.RTI--JOINER----------- and ARTIN BROWN as Trustees, and constituting the Local Board of Trustees of the Church of God at --- ---------- I ------- - --------- ...... In.OKEECHOBEE ........ .... 9KEECHOBEE County, ................... the following described lands lying, being and situated in FLORIDA - - — ------ --------------- - County, described as follows, viz: ots 1, ?, 3, 4, 5, 6, 7, 8, 9., 10, 11; and 12. Block 111L, CITY OF OKEECHOBEE, ccording to plat thereof recorded in Plat B000k 2, page 17, public records of t. Lucie County, Florida, a copy of said plat being also recorded in Plat ook 1 paqe 10. public records of Okeechobee County, Florida. TO HAVE AND TO HOLD unto the said MARTIN BROWN --------------- - --------------------------- and ...... R_0]3E_R1 a3 Trustees and constituting the Local Board of Trustees of the Church of God at in ---- - -------------------- County, FLORIDA-.-. ------------- and to their successors in trust, and assigns forever, and sub- ject alone t&offie following limitations: The salj�-ocal Board of Trustees shall hold title to, manage and control the said real estate for the general use and benefit of tWChurch of God, having its general headquarters in Cleveland, Tennessee, and for the particular use and (A benefit of thb local congregation of the said Church at -..--OKEECHOBEE,__ FLORIDA -------------- - ---- --- ---------------- � ------ -- - --------------- The said Local Board of Trustces shall have full right power and authority to sell, exchange, transfer and convey said propert7. or to bor- row money and pledge the said rem I esLa te for t be epayencrit of the same. and to execute all necessary deeds. conveyances, etc.. provided the p oposition shall first be presented to a regal r or called conference of the said local church. presided over by the state 0—see, of the r a a present Church of God, or one whom he may appoint, and the project approved by two-thirds of all members of the said local congregatio e voting, IfC'the local congregation at the place above designitted' shall at any time cease to function or exist. then said Trustees shall hold,tltle,to a, - God generally In the state where said ref -I estate Is located; and said Trustees shall con— the s I d r al esld;rral estate for the Church of thoiized to either tete-ution. demand to the State Bnard of Truste es of the Church of God In said state, which said State Board sliail be au n , the said real estate usefint I d rem I esLatc,,dr the proceeds derl , ed from tl�e sale of sanic (said State Board being nuthorized to sell and co %e at ny time after title la vested In It). for the use slid benefit of the church In that state generally: or the foun cling of n.Lher Church of, And In t�e sarx�.!X%te, or for the promotion of one already existing. lrne-the-L,acal Board of Trustees shall cease to exist or to perform its duties. then the State overseer of the State In which It at n'j t Ated, shall have the power to declare all offices on the said board vacant, and the State Board of Trustees of the Church gild real estate Is 'loc of -God for that stILt4 shall automatically then hold title. The li-mitations1sat forth herein are those appearing In the Minutes Of the 49th General Assembly of the Church of God held at the Ellis Audttoriunn Memphis, Tenumessee. August 14-18. 1962. The 6rantor, its successors and ass"jg_ber� ..;603t-3AUdmk*Amak= covenant with the Said, -Xxxk�kx-x-xX-XX-X-XX-MMXXX-X-X-XXX-x-xxxx-xxxx*KKXXXXXXXXXXXXXXXXXXxxxxxxxxxxxxxxxxmx Tttstees, and constitutf14 the Local Board of Trustees of the Church of God at OKEECHOBEZ. ......... - ------- ----- In_--OKEECHOBFE ------------- -..- County, .--- FLORIDA - --------- , their successors in trust and assigns, that ir - ----------- . . � .............. . . - ............. lawfully seized in fee simple of Said premises; that they are free from all encumbrances; and that kt ha and convey the same as aforesaid; that ----- it will, and ------ for--.--- .. As ----- XM a good rlFbt to sell Successors and Assigns its warrant and defend the same to the said .-R.OBERT JOINER—— .. ..... . ........ ------ ---- -- - . . ...... yte ARRY BOND, MARTIN BROWN and NA! TEL-HAZEL.1-EFF I - ----- ------- a,- - - — - - — - -------------- - --------------- OKEECHOBEE Trustees, and constituting the Local Board of Trustees of the Church of God at .... ......................................... . .... --------- In ------- ------ -- County, . ---- FLORIM their successors In Trust, and assigns forever, ugainst the lawful claims of all persons. In witness whereof :thgY . ........ have hereunto set their hand s and seals. ... . .... on this the 3-rd day of AE�11L - - ----- --------------- - W�ness to Sig atures: A J��QRIDA--�ORRQRAT.ICMAL) BY. ............... .............. .. . ... (SEAL) - ----------------- -- — ------------- ----- -- - -- ------- ----------- --- - (SEAL) .. .. ........... ... ....... --------------------------------------------- -- - (SEAL) . . ......... (SEAL) (SEAL) (Inst- on%: —This deed rnust be signed. ficknoNvIodged and registered fr 'cordnnce with the laws of the State where 1! prnperty is located.) ."-74 'MIA MORTGAGE DEED DREWS FORM R. E. 6 Mo—factuW d for so]. by Th. H. & W. 9. Dre- C--P--Y LOHG FORM J.ck%.iII-. Fledd. Pink 05' nc 107 9 h 0 d is mortgage te Executed the d.�, A. D. 196 1 by j Jackson Davisy L* W., Bond, Chest�r Ui�hderhill, Nathaniel Hazellief I.a.- ji-d"Robert Joinery as Trustee of t.he,property of the Church of d, 'Okeechobee, Florida _G .6 calledthe 1080 Mont-omery Th c,h"- 6f God General Board of Trustees, 'land, Tennessee U-6. P.V.e 14V4ft 2 _ken�Lna -ca'lled the. ri o`r,4':*dee: jter (Wherever used herein the terms "mo,gVr" and "mortgagee" include all the parties to tl�is instrument and the heirs, corporations; and the term "note" -of indi, and.. the successors and assigns of- !egal representatives and. assiMt ;&_ - more. ti:qne. includes all �thc- notes herein described i f hat for gdod and valuable considerations, and also in consideration of the aggre- gafe sum named in the promissory note of even date herewith, hereinafter described, the mortgagor here- by grants, bargains, sells, aliens, remises, conveys and confirms unto the mortgagee all the certain land Of which the mortgagor is now . seLZed and in possession situate in Okeechobee �County, Florida, viz: Lots 1 to 12 inclusive of Block 120, OKEECHOBEE.i according to the plat thereof recorded in Plat� Book 2, page 17, public records of St. Lucie County, Florida. Receipt NCI.K for payment of b e 6ass taK !U the-a,�ounto ------ 'i or Tax Collec A. 0 :1 J. U01 0 a nd shall perform, comply wilh and abide by each and every the agreements. stipulations. conditions and co,,enanfs thereof, and of this mortgage. then this mortgage arid the estate hereby created. shall cease. de- termine and he ntill and void. Rftd 16. mortgagor hereby further covenants and agrees 1_0 pay promptly when due the principal and interest �'d oth;r . sums of money provided for in said note and this mortgage. or either; to pay all and singula - r i the taxes, assessments. levies. liabilities. obligations, and encumbrances of every nature on said pro- perty: to permit. commit or suUer no waste, impairment or deterioration of said land or the improvements hereon at 'any time; to keep Ito �t4dings now or h fter on said-Jand fu insured in a sum of not less 4 eled (vl7,000-00 l'ollars Se-jenteen, ThoyshrfddFive Hund, I� in a company or companies acceptable to the mortgagee. the policy or policies to be held by. and payable to, said mortgagee, and in the event any sum of rnoney becomes payable by virtue of such insprance the mortgagee shall have the right to receive and apply the same to ihq4ndablednesi hereby secured. accounting to the mortgagor'for any surplus: to pay all cos'ts,*charges. and ex'penses, including lawyer's fees and title searches. reasonably incurred or paicl by the mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations. conditions and covenants of said note and this mortgage. or either, to perform. comply with and abide by each and every the agreements. stipulations, conditions and covenants set forth in said note anJ this mortgage or either. In tite, evaill the mortgagor fails to pay when due any lax, assessment, irtsurance premium or other sum of money payta'tle'by virtue 'of said note and this mortgage. or either, the mortgagee may pay the same. without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest law- fu I rate then allowed by the laws of the State of Florida. Ifany sum of money herein referred to be not promptly paid within days next after the same becomes due. or if each and every the agreements. stipulations. conditions and covenants of said by. then the entire note and this mortgage. or either. are not fully performed. complied with and abided urn menlioned in said note. and this mortgage. or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the mortgagee. become and be due and payabli:*anylhing in said note or herein to the contrary notwithstanding. Failure by the mortgagee 10 exercise any of the rights or options herein provided shall'not constitute a waiver of any rights or options under said note or this mortgage accrued or thereafter accriting. In B"Itness "W`ftereof, the said mortgagor has hereunto signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of ! .. * _115 I . .... .............................. 1 F - 01MM L.S. Lis. STATE OF FLORIDA, COUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day. before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jackson Davis, L. W. Bond, Chester Underhill, Nethsniel Hazellief and ?..obert Joiner, as Trustees of the Church of God, 01-eechobee, Fla. to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. -:16— WITNESS my hand and official st.al in the County and Statr last aforesaid this lel day of :� A. D. ig 6 1 . ... ....... alt� ��-: .... . ................. Notary pu�31je !lt%te o2 da at LAM111 My Commjssl�m cxpires May 23, 1961 Sontled by American Surety Co. Of N. y- TATE OF FLORIDA 'OUNTY OF OKEECHOBEE (; P b6l'; 227 i'?�1:-J3US I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the tate and County aforesaid to take acknowledgments, personally appeared MORRIS B. HORWITZ .ell known to me to be the President and respectively of the -orporation named as arantor in the forecToing deed, and that they severally acknow- edaed executinq the same in the ioresence of two subscribinq witnesses freely and 'oluntarily under authority duly vested in them by said copporation and that the eal affixed thereto is the true corporate seal ' of said corporation WITNESS my hand and official seal in the County and State last aforesaid his 3rd day of AiOril A.D. 1979. e 00 P C� > 13 CD C M 0 P. F1.0RIt 0 0 0 0 ffoF= U 0 C J Ail E N fA R 5T All, TA,� I FEPT OF �EVFWJE"-�.' APR-4*19 ;tate of --- ------- — -------- -------- — --- ---- — ----- I -- — ------- ------------------------------ --- County I a or said county, in said state, hereby certify that — ---- ------- jame ------ -------- -- signed to the foregoing conveyance, and who ay, that being informed of the contents of the conveyance ...... . . ame bears date. r given under my hand and seal, this the day of --- 0 0 1.4 0 PURLIC S1 4 TE FLORIDA AT IAk�k k4y ��TARf OMMI ION EXPV 11 S A GUST 17, 1979 DONDE THRU GEN I At INS UNDERWRITERS ;QI OR > Z OR M M 0 W GO in and M C> ---------- known to me, acknowledged m;904� c' executed the same voluntarily 5F--iherlay -n C'a ----------- — --- ------- ---- — ------- 19-.---. ............. .......... ----- - - — - ----- — ........ - ------------- --- --- (State official title) ;tate of ------ - - - - ----------- - -- ------- -- 1, --- ---------- - - ---- . ....... - -------- -- --- ---- ....................................... County I a ---------- ----------- — — — --- - -------- -- ---- -- ----- -------- ------------ In and ---------------- ---------- - -- - or said county, In said state, do hereby certify that on the ..... . day of --- - -------- --- ------ --- ---- ------------ 19 came ,efore me the WiLhin named ......... * ------ -------- ----- - -- ------------ ------- -------------------------- -- known to me (or made known to me) to �e the wife of the within named ... ........ -------------------- ---------- --------- -------------------------------- who being examined separate and apart rom the husband, touching her signature to the within ---------------- - ---------- -------------- acknowledged that she signed the same -f her own free will and accord, and without fear, constraints or threats on the part of the husband. In witness whereof, T have hereunto set my hand this ..... ...... day of ---- - - ------------------ ------ --------------- 19 --------- (State official title) 227 v-��-'1305 -7 (��Kutficirized Signature* Typed Name & Title Phone No. Date Alt 8-HE10iUct pft�k Authorized Signature ' Typed Name & Title Authorized Si IF Phone No. Date >�601 Typed Name & Title Phone No. Date cu-,4- 2�be, V07— 0 5=7e'� -/-d M CAS /t/I (JA-,�'-s /,-j rAl Ij 4.*,/& "Fir U 620 Z4,11-1(?,, -Z, -, - Z,��o 2— �Athorized �ignature Typed Name & Title' Phone No. Date ired Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: -r- o, -r�ee -z e 6 S '7-;PT /71. (9' CII I& IZZ X�V clo - 7-A--/- e- 2 4� .5 - 76 3 Z /,4-'/ G/ -2 �/-02— Authorized Sign"'ature Typed Name & title Phone No. Date Revised 5111199 uC , L.,? 2002 UL_Lj_4FAI_363 A 52'"1145 SPR ENT V�j ou j i)1-4 - -Z K- - "32, 1 1 : 05 A M EIECHOBEE CMURCH OF GOP iq4i7SZ412 CZ--thorlzed Signature Typed Name & TMe Phone No. Date --D I - &3-4s7-31l 1-plffi�rr �- - Phone No. --68td Auth9rized Slansture Typed Name & Title Phone No. Date Authorized Si 'Typed Name & Title 9 ;4 AuthorIzed Signature Typed Name L Title Phons No. Date uthorized Signature Typed Name & Title Phone NO. Date "fiLad SM VW E 171 -,"Sprint July 2, 2002 Church of God 0 1 NE Fourth Avenue Okeechobee, Florida 34972 Attn: Mike Earnest Re: Closing of Alleyways in Blocks 111 and 120 (NE 4 Ih Ave & 4 Ih St.) Dear Mr. Earnest: Sprint's engineering department reviewed your request to close the alleyways located within Section 15, Okeechobee County (NE 4 th Ave. and NE 4 th St.) and have no objections. Sprint will work with the developer when service is required. please advise. Donnie Roberts, Public Works Director Oscar Berrrudez. City Fmineer-- Typed Name & Title Typed Name & Title Denny Davis, Chief of Police Typed Name & Title RT E objections or comments. 7/9/02 Authorized Signature Date -Herbert E. Smith, Battalion Chief Typed Name & Title Bill Veach. City Ad inistrator Typed Name & Title APPLICATION APPROVED BY: 7AZ I3OP4jjjE S. fHOWAS, CITY CLERK DATE 7- 1- c3 2. e. -Y4�� Memorandum To: Bonnie Thomas, City Clerk From: Oscar Bermudez, Engineer Date: July 9, 2002 Re: Alley -Closing application from The Church of God The Engineering Department has visited the site and found that no drainage problems exist near the requested abandon subject City of Okeechobee alleys. However, we should be aware of the critical drainage problems in the City of Okeechobee and for that reason the Engineering Office is working towards the design of a Master Drainage Plan for the City of Okeechobee. In addition, in our weekly technical meeting on June 12, 2002, we requested Mr. James G. LaRue, AICP (the City Planner) to draft a request to the City Council in regards to a moratorium on the City roads and alleys right ways being abandoned. It is the Engineering Department's opinion that the City of Okeechobee should be very cautious before abandoning any street right-of-ways or alleys. mms �ffi I Ila qc Ob %a Is 14 a a qc A u 9 ust 0 0 20 . 02 0 EXHJVIT 4 - AuG 6 AGEmm Bids TABULATION SHEET Street Sweeping Charlie's Lawn Maintenance No Bids Sweeping Corp. of America, Inc. Posted on July 29, 2002 at 11:05 a.m. To be removed on August 2, 2002 at 11:05 a.m. $32,708.00 year $34.00 per mile $35.00 per lot Exaffiff 5 — Ave 6 AeEmm RESOLUTION NO. 02-10 A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN INTERLOCAL AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION "MASTER TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT"; PROVIDING FOR PERFORMANCE THEREOF BY THE CITY OF OKEECHOBEE DEPARTMENT OF PUBIC WORKS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has requested that the City of Okeechobee consider entering into an agreement with the Department to transfer the responsibility of maintenance of traffic signal devises in the City of Okeechobee from the Department to the City; WHEREAS, in return for such responsibility the Department has agreed to pay compensation to the City for such maintenance; WHEREAS, the City finds that the compensation for maintenance in relation to the responsibility is reasonable and within the capabilities of existing City Departments; THEREFORE, upon approval of the City Council for the City of Okeechobee, Florida, it is hereby resolved: I THAT by resolution, the Mayor for the City of Okeechobee, Florida is hereby authorized to execute on behalf of the City the "Master Traffic Signal Maintenance and Compensation Agreement" with the Florida Department of Transportation upon the terms and conditions set out in said agreement. 2. THAT upon acceptance by the Department of Transportation, Department of Pubic Works for the City of Okeechobee shall thereafter maintain the traffic signal devises in the City of Okeechobee at the locations set out in the agreement, and upon the terms and compensation set forth in the agreement, and as amended by revised Exhibit "A" submitted by FDOT on July 16, 2002. 3. THAT as the agreement is contingent upon annual funding to the Department by the legislature, the authorization by this resolution for entry into this agreement and continued maintenance shall terminate upon notice from the Department that funding is not available for maintenance during any calendar year without further action by the City Council. 4. THAT as paragraph 18 of said agreement requires the City of Okeechobee as maintaining agency, to the extent authorized by law, to hold the Department harmless from certain liabilities in the performance of the agreement, by this resolution it is specifically required and understood that: Page 1 of 2 0 0 (a) The City of Okeechobee does not in any manner waive its protection of sovereign immunity under the laws of Florida and F.S. 768.28; and (b) that the continuation of this interlocal agreement with the Department is strictly dependant on the availability of insurance coverage for the City to protect the City from any liability for negligence or breach under the terms of the agreement, and in the event such insurance is not available or is in anywise terminated, then the authorization by this resolution for entry into the agreement and continued maintenance shall terminate upon such notice at any time without further action by the City Council. This Resolution shall take effect immediately upon adoption, recognizing that the effective date of the contract is July 1, 2002 to June 30, 2003. PASSED AND ADOPTED this Qt' day of August 2002. ATTEST: Bonnie S. Thomas, CIVIC City Clerk Reviewed for Legal Sufficiency: John R. Cook City Attorney Page 2 of 2 James E. Kirk Mayor Florida Department of Transportation JEB BUSH GOVERNOR July 16, 2002 Mr. Donnie Robertson Department of Public Works 55 S.E. Third Avenue Okeechobee, FL 34974 RE: Revised Exhibit "A" for New Traffic Signal Agreements Dear Mr. Robertson: THOMAS F. BARRY, JR. SECRETARY Please find attached a revised Exhibit "A" for the new Traffic Signal Maintenance Agreements. The revisions include changes to payment for school and emergency signals, which were mistakenly coded as reimbursable. Also, some signals were shown twice (once from each direction when two state roads intersected). I truly apologize for this mistake and appreciate your cooperation using this new Exhibit "A" and submitting it with your executed documents. If you have further questions or comments, please contact me at (863)-519-2495. Sincerely, Anthony D. Russo, P.E. Assistant District Traffic Operations Engineer ADR:jbp Enclosure H:\TrafficNl'yping\AN\FY02-03RevisedAttaclunentATSM&CARobertsonjbp.adr District One, Traffic Operations 801 N. Broadway Ave - *Post Office Box 1249 *Bartow, FL, 3383t-1249 (863) 519-2490* (863) 534-0915 (Fax) * MS 1-8 www.dot.state.fl.us RECYCLED PAPER 0 C - 03/96 Page I of2 DRAFT COPY 12/19/Ml FORM 750-010-XX TRAFFIC OPERATIONS CONTRACT NO. FINANCIAL PR CT NO. F.E.I.D. NO. Page I of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MASTER TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT THIS AGREEMENT, made and entered into this day of Department of Transportation, an agency of the State of Florida, herein called the "Department", and a political subdivision of the State of Florida, herein called the "Maintaining Agency". WITNESSETH: by and between the Florida Florida, WHEREAS, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044, F.S. and 335.055, F.S., to enter into this Agreement; and WHEREAS, the Maintaining Agency by Resolution No. dated the _ day of accpy of which is attached hereto and made a part of hereof, has authorized its undersigned officers to enter into and execute this agreement, and has designated the officer(s) authorized to receive and respond to the Department's request orders; NOW, THEREFORE, in consideration of the premises and the mutual covenant contained herein to be undertaken by the respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, traffic signal systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control devices, intersection flashing beacon installations, illuminated street name signs, and the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems upon completion of their installation. The Department agrees to pay to the Maintaining Agencyq an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of full traffic signal locations as identified in Exhibit A. Flashing beacons, emergency signals, and school zone signals are not included. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of ale traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 2. The Maintaining Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that agrees with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs), and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). The Maintaining Agency shall record its main enance activities in a traffic signal maintenance log. 3. The Maintaining Agenc may remove any component of the installed equipment for repair; however, it shall not make any , y permanent modifications and/or equipment replacements unless the equipment provided is the same age or newer and is capable of performing at minimum the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to the Maintaining Agency. 4. The Maintaining Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, or special provisions. T'he Maintaining Agency may make modifications in phasing of signals and signal systems to accommodate changing needs of traffic provided prior written approval is obtained from the Department. Department approval shall be contingent upon an engineering report prepared by, or for, the Maintaining Agency in accordance with Section 1A.09, Engineering Study and Engineering Judgment, of the MUTCD, recommending such changes and signed and sealed by a qualified Professional Engineer registered in the State of Florida. The Maintaining agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer. The Maintaining Agency shall send a signed/sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by, C - 03/% Page 2 of2 the Maintaining Agency. 5. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any approval documentation in a file. 6. The Maintaining Agency and the Department shall develop the Exhibit A which by this reference is made a part of this -Agreement as though fully set forth herein. Exhibit A shall contain all existing traffic signals on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New signals added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department signals added during previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department's signals in the next fiscal year. In the event that no change has been made to the previous year Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post - audit thereof. d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment or the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency=s general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs - 7. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finan e. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 8. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 9. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller=s Hotline, 1-800-848-3792. 10. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 11. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 12. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 13. The State of Florida=s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: (a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. 0 0 C - 03/96 Page 3 of2 Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement ffom the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of 0 contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than one year. 14. The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department. Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall terminate payment at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 15. The Maintaining Agency may enter into Agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such Agreements to the Department. 16. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 17. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grav such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 18. The Maintaining Agency, to the extent allowed by Section 768.28, Florida Statutes, shall indemnify, defend, save and hold harmless, the State, the Department, any joint pole owner and all of their officers, agents and employees from all suits, actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of, this Agreement by the Main i i g Agency, its subcontractors, agents or employees or due to any act or occurrence of omission or commission of the Maintaining Agency, its subcontractors, agents or employees. 19. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall not affect the remainin provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 20. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto. 21. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties. 22. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. , Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Maintaining Agency) By: By: (Authorized Signature) Print/Type Name: Title: Print/Type Name: Title: Attest: Attest: (Seal if Applicable) REVIEWED: (Authorized Signature) 01 0 750-010-22 TRAFFIC OPERATIONS (Draft 5/1/02) 05/02 Page 4 of 5 EXH I BIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 02-03 Effective Date From: 7/1/2002 To: 06/30/03 Page 1 of 1 Maintaining Agency: City of Okeechobee Traffic Operations Intersection Locations Compensation (Yes or No) FDOT FY Unit Rate $518.00 Percent of State (Ex. 25,33,50, 75, or 100) Total Amount (Unit Rate x Percent) US 98/441 SR15/ US441Mal-Mart Super Yes $518.00 50.00% $259.00 US 98/441 SR.70/ 91070/ Park St. Yes $518.00 100-00% $518.00 Park 5th Ave NW Osceola Yes $518.00 50.00% $259.00 Park 3rd Ave E No $518.00 0.00% $0.00 Park 8th Ave SE Yes $518.00 50.00% $259.00 Park 1 Oth Ave E Yes $518.00 50.00% $259.00 Total Lump Sum $1,554.00 I certify that the above traffic signals were maintained and operated in accordance with the requirements of the Traffic Signal Maintenace and Compensation Agreement. For Satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of $1,554.00 _. Maintaining Agency Date District Traffic Operations Engineer Date 0 0 EXHIBIT B MASTER TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE C - 03/96 Page 5 of2 This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and Method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintairiiiig Agency will receive one lump stun payment at the end of each fiscal year for satisfactory completion of service. For satisfactory completion of all services for Fiscal Years 02-03, 03-04, 04-05, 05-06, and 06-07 as detailed in this Agreement, the Department will pay the Maintaining Agency a Total Lump Sum Amount to be cornputed as follows: Total Lump Sum Amount for each Fiscal Year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the Percent of State Road Approaches to Total Approaches. Example: For a intersection with 4 approaches with 2 approaches (50%)being state roads, the intersection amount will be: $518 x (2/4)= $259 Unit Rates per 100% State Intersections FY 02-03 $ 518 03-04 $1,599 04-05 $2,196 05-06 $2,262 06-07 $2,330 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable by the Department.