1950-07-24 Special 265
Minutes of the meeting held June 5, 1950, were read and approved as read.
The following bills were approved and ordered paid when funds are available:
Dc~ler's ,'~achlne Shop - Water and St. & San. Dept. $ 200.00
Southern Pipe Toot Co. - 1st & 2nd payment plus int.
on sewer equip. .................. 113.81
II:e 0keechobee ne~ld - ~¥ater & Garbage Bills ............ 75.00
City of Fort Pierce - ';~ater Dept. .... $10.45
R. B. Meserve - Insurance ......... 92.45
0. K. Garage - St. & San., Police, Fire & ¥~ater- 162. 01
Lewis H. Dreese - St. & San. Dept. --- 16.15
Inter Co Tel and Tel Co. - Telephone services ................ 56.42
~;~o Wayside Press - Water Bept. -, .............. 5~.87
Carlisl~ Thomas - Labor & ~,~aterial repairing City
Hall floor ...... 115.60
Go~orner's Day Committee - ~onation ......... 200.00
Volunteer Fire Dept. - June ~nd July distribution - 100.00
~,erson Cook Company - I & S Ref~nding Bonds interest --- 112.$5
Ta~iami Trail Tours, inc. - Fire & Water Dept. 7.87
0keechobee County Bank - ~ayment and Interest on note ..... 209.00
~.~. C. Pitts - nvelopes ........................... 29.84
int. ~ Sinkir~g ,~=~, Fd. - Distr~out,_on for June ............ 185.00
Okfechohee County Bank - Pay~ent on Fire Truck Chassis .... 112.91
Watec R venue Fund - ~tstrubfltlon for June --~ 450.00
Fire Tr~ck Fund - Distrubutlon for June 94.61
Florida Power and Light Company - Powec and Lights ...... ~09.80
in,lustrial Supply Corp. - Water Dept. .............. 88.42
Dm~orican LaFrance Foa:nite Corp. - Fire Dept. - .................. 16.01
Dan ~c Carthy - St. ~ San. Dept. - ...... 2.60
Ni~ Standard Service - Police Dept. 1.25
Sc}~arfschwerdt Bros. - Fire Dept. ............... , ........ 1.40
~obley Garage - St. & San. Dept. - ................ 6.40
Carl's Garage - Water Dept. -- 44.24
Al~o Watford - St. & San., Police ,~ ~'ter ....... 9.54
0k=echobee Hdwe. Co. - Water, St. ~ San. ~ Fire Dept. --- S6.90
Pierce Elec. Ser-~ice - Fire Dept. - ...................... 7.10
Pa~gett's Ser. Sta. - Water Dept. 1.80
Erwiz~ F. Dudley - Police Dept. 5.00
TI'~ 0keeclobee l~ews - Legal Notice ..................... 4.40
The H & B' W Drew Company - Tax Roll Sheets 56.~0
0keec~-obee Motor Co. - Police Dept. ...... ' 134.85
Mr. Fred Smu!lin, manager of Everglades Tallow Co. appeared before the Council
in regard to the plant. ~",lr. Smullin stated that he had complied with the recommendation
of the State Board of Health in eliminatlon the odors. The Council stated tb~t they
had had no complaints in the past few weeks in regard to the odor. Attorney Durrance
ga~e an interputation as the law governing rendering plants.
Councilman Watfo~d moved to set the regular meeting time of the City Council
at ~:30 P. M. until further notice. Seconded by CounCilman Martin and carried.
M. F. Kinsaa!, Water Sup~. brought 'to the at~tention b£ the City Council the
need of a fire hydrant to replace the one on 1st St. So. 0keechobee. Councilman Warlord
moved to instruct the Clerk to place order for said hydrant. Seconded by Councilman
Martin and carried.
C. A. Tt~omas,.~ ~, Chief of Police, brought before the Council the meed of a heavy
du~y generator for the police car. Councilman ~#atford moved that the Clerk order nece
generator. Seconded by Councilman Nix and carried.
J. E. Cone appeared before the Council in ~ egard t'o the garbage service that'
he ~as receiving. It was also reported that two
~iore
tennants
were
living
in
the
same
building using the service and his container. The Council instructed the Clerk to
mail to the above garbage service bills and a notice to furnish individual containers.
It was brought to the attention of the Cou~ucil that due to the curb and gutter
of Road 70, t]~e public was driving across the west city park causing considerable damage
to the park. at was agreed to block road and MaPvtn · Mob!ey was ordered to have same
done.
Okeechobee County
Councilman ?.~c Dougald moved to donate $150.00 to the/Children's Committee
when funds are available. Seconded by Councilman Watford and carried.
The matter of painting the City Hall was brought up and/discussion followed.
Zollie Aldrid~e being present, stated that he would do this Job for $2.50 per hour.
This cost to include two men and sprayer. Councilman Martin moved to accept his offer
and with the assistance of President Chandler secure corredt paint for building, sec onde¢
by Councilman Watford and carried.
Councilman Nix Moved that the Clerk write to the Fidelity Exterminating Compan
of Orlando for price on exterminati~a~City Hall. Motion seconded by Councit'~an Martin
and carried.
Dlaton Brette, County Road Supervisor, appeared before the Council and request
the use of the City dum~ truck for hauling shell. Councilman Nix moved that the request
be granted for a reasonable lenght of time. Seconded by Councilman McDougald and Ca~ri~
Councilman Nix brought before the Council the need of a larger body on city ·
truck~i~.._~ After discussion the Council agreed to turn matter over th Chairman of Sanitary
COuncilman Nix.
· Sewer problem~ were discussed. It was agreed by the Council that there was
a neec~ of e~loying someone to be in charge of the sewers. Councilman Warlord moved to
employ. Donatd~ Mack for $45.00 per week to fill the position when work is available.
Seconded' by Councilman Nix and carried. The Council agreed to request Mr. Arnold,
representative of the Soubhern Pipe Tool Company from which the new sewer equipment was
purchased to come and demens.trate equipment to new employee.
~A mo~i:~h?Was made by Councilman Watford t o grant all regular city employees a
weeks vacatibn' with pay. It was also agreed that if a city employee did not take the
vacation they would be paid an extra weeks wages. Seconded by-Councilman Nix and aarrie¢
Upon motion the Council adjourned.
ATTEST:~ ~ City Clerk
July 24, 1~50
Pursuant to call of the Mayor, the City Council of the City of 0keechobee,
Florida, met in special session in the City Hall at 7;$0 P. M. and the following were
present: Mayor H. H. Raule~son, President Chandler, Councilman Martin, Mc Dougald and
Warlord with G. C. Durrance, City Attorney and Lorena Pearce, City Clerk.
~ayor Raulerson stated that the meeting of the Council had been called for
contract
the purpose of discussing I & S Refunding Bonds/with W. T. Anderson, Secretary and Treas~mer
£~r Emerson Cook Company, Palm Beach, Flc~ida~
After ~. gc~al discussion the Council agreed that it would be to the better-
ment of the City to ca~ce! the agreement. Upon recommendation of the City Attorney
Cc~ncilman ~atford mov~d to cancel the contract with Emerson Cook Company. Seconded
by Councilman Mc Dougald and unanimou~l~ m~rried.
267
Councilman Watford presented the following Resolution and moved its adoption and
upon being seconded by Councilman Mc Dougald was put to a vote and unanimously adopted:
? R E S 0 L U T I 0 N /'~
WItEREAS, by negotiation a~:d correspondence the City
of 0keechobee and Emerson Cook Company entered into an agreement
concerning City- of 0keechobee Bonds ]-5~ interest, dated 1-1-42,
due 1-1-72, par value $75,000.00; and
WHEREAS, the oity of 0keeci~obee for and in consideration
of Emerson Cook Company binding said agreement, paid to th~ said
C~mpany $5,250.00; and
~'~IEREAS, to date three additional payments, each in the
amount of $2,900.00, have been paid to said Company, for and in
consideration of the retirement and delivery of $15,000.00 par value
of the above described bonds, the payment and delivery both of which
h~ve been accomplished; and
WHERE~S, the City is bound under said agreement to make
further payments to said Company for the retirement of the re-
maining bonds in the amount of $60,000.00; and
~-- WHEREAS, Emerson Cook Company is bound by the terms of
i t~ue agreement to deliver said bonds at such times as payments are
made thereon by the City; and
WHEREAS, It is deemed-~o the best interest of the City
and the i~Lhabitants thereof, that said agreement Be terminated as
of this date; and
;VHEREAS, Eme~..son Cook Company has cor~sented to such
t ~mnina tion; and
WHEREAS, a default on payments by said City now exists;
and
WHEREAS, Emerson Cook Company has, by letter, agreed to
and accepted the te~ms of this Resolution and said letter has been
a.~cepted and made a part of the minutes of this Borad;
~ NOW, ~HEREFORE, BE iT RESOLVED that 'the agreement above
r~ferred to shall terminate, and by this Resolution is terminated
effecti~ e as of the date of this Resolution;
BE IT FURTHER RESOLVED that the Vity of 0keechobee is
leased and discharged from all obligations in conncection with the
~ above .~efer~ed to agreement is further released from any further
payments to Emerson Cook Company;
BE IT FURT.~iER RESOLVED, that Emerson Cook Company is re-
leased and discharged from any and all obligations forever of the
ttmns and conditions of said agPeement, including the obligation to
deliver the remainder of such bonds now in its possession, or in the
268
possession of its agents, to the said City;
BE IT FURTHER RESOLVED, that no action herein taken is
contemplated to, nor does it, rescind, alter or amend any of the
terms or conditions recited in said conds;
BE IT FURTH R RESOLVED that the City, from the date of this
Resolution, will hold Emerson Cook Company harmless and fully exonerated
from any of the terms or conditions of the agreement above referred t o,
and the status quo of the parties referred to in this Resolution, as
contemplated thereby, shall be that the City of 0keec o bee is no longer
obligated to make any payments, by money or otherwise, to Emerson Cook
Company, and that Emerson Cook Company shall not be required or Obligated
to make delivery of said bonds to s aid City or abide by, carry out, or
otherwise comply with any of the provisions or terms of the Agreement
above referred to.
BE IT FURTHER RESOLVED that the Mayor of the City of 0keech~ bee
and the Clerk of said City are h~reby authorized and directed to execute
the attached ~utual General Release and t o affix the seal of said City
thereto.
THI~ RESOLUTION passed and adopted this the 24th day of July,
A. D. 1950.
R. E. Chandler
Alto Watfor. s, Sr.
M. M. Martin~ Sr.
D. B. Mc Dou~ald
Lorena Pearce
- '
MUTUAL GENERAL RELEASE
TMiE INDENTURE, Made this the 2Ath day of July, A.D. ~ ~m
1950, between~ the CITY OF 0KEECHOBEE, a municipal corporation of ~°0
the State of Florida, of the first part, and EMERSON COOK COMPANY,
a Corporation of the State of Florida, of the second part, WITNESSETH:
'~EREAS, there have been divers dealings and transactions
between the City of 0keechobee and Emerson Cook Company, with reference
to Bonds 1-5% interest, dated 1-1-42, due 1-1-72, par value $75,000.00,
and default thereon has arisen; and
V~EREAS, the City of 0keechobee and Emerson Cook Company have /
agreed to settle all of said dealings and transactions in accordance with
and under the terms of that certain Resolution dated July 2Ath, 19S0, and
in consideration of the payment of One ($1.00) Dollar by each of the
parties hereto in hand paid, receipt of which is h~reby acknowledged, and
othergood and valuable condierations, and by the execution of mutual re-
269
leases in manner hereinbefore appearing;
NOW, THEREFORE, THIS INDENTURE WITNESSETH, t~at in
ou?suane of the ag~eemnt he~-.etofore entered into by
an:~ cor?espondence, an~ in consilderat'on as en~erated abovs, each
of the ?artles hereto ~oth hereby release the o~her from all
of money, accosts, actions, claims amd demands up to the date of t!~
ex.~cution of these presents, and forever hereafter.
iN WITMESM ?~EREOF, the parties hereto have caused these
presents to be executed by their proper of rioters the day and year first
above stated.
bl,¥ OF OKEECHOBEE
By H.H. Raulerson
Its Mayor
ATTEST: Lorena Pearce
Its Clerk
EMERSON COOK CONPANY
By W.T. Anderson
its V. President
AT.EST. KENNETH Cook
Its Secretary
2ioned., sealed ~" f~e!ivered
in the presence of:
~acy ROgers
G. C. D~rrance
As to pary of First Part
~'s t~ party o'f 2econd ~art.
Board of Conm~issioners, July g4, 1950
City of 0keechobee
0keechobee, Florida
Re: City of 0ke-cehobee Bonds 1-5%
Dated 1-1-42, due 1-1-79.
Gentlemen:
Reference existing agree:~eut entered into by negotiation and correspond-
e:.%(~e betv,~een City of 0keechcbee and Emerson Cook Company re the above bonds,
termination of said agreement being desired by the two parties concerned and
it being the request of the Cit~ of 0keechobee, it being further desirabl~
for the term,i_nation of this agreement by reason o~nddefault on certain oa)uuents
of same in the remount of approximately $1],000.00.T~'~s~' letter is tc a~vise~
that the undersigned is agreeable to the termination of this agreement as of
24th day of July, 1950, and does hereby accept the req~)est and resolution.
it i~ requested that this letter be accepte.~ and made a part of the min-
utes of your Board.
Your cooperation and cou~.tesies in this matter have been greatly apprecla'
Yours very truly,
W. T. Anderson
E~RSON COOK COMPANY
By W. T. Anderson
P.
S.
In consideration of this Resolution, Emerson Cook Company agrees to de-
liver all interest coupons on 60 bonds City of 0keechobee all coupons due as
of Jhly 1, 1950 and now attached to bonds included in the agreem~ont between
City of 0keec&obee and E~nerson Cook Company as set out in said Resolution
t'_.~d s d ate.
E~IERSON COOK COMPA~
By: W. T. Anderson
Secretary and Treasurer
27O
August ,~, 1950
The ~t~ CoAnci~ of the C'~
~: -~,~, of 0keechcbee, Florida, ~.,¢:t in,-~,~-' ~r~''-_~.- ~esszon'
at ~e Ci'-~ ~,-~I ~t 7;~0 TM "~ o,~. ~e above date with the fo!~owing present:
...... w~t~ G. C. Durrsnce, ~'
~t~, At t orrie)-
:.,ha~.~er, Co~nq~ilmen ~rtin, "~ ~cuga!d, and ~fix '
and ~orena Pearce, City Clerk.
Minutes of ~e meetings held July 10th ~d 24th were read ~d appro~ed as
The fol!owi:~ bills were approved ~d ordered paid when f~ds are available:
~. C. Pit~ - Envelopes-- .'---$ ],~.92
Lewis H. Dreese - Police, !~/ater & Fire Dept. - ..... 4!.73
0keechobee L~ber Comps. ny Paint ~d ~,~a[.erial for City Hall ...... 415.96
Florida Power ~ Light Co. Power ~d Lights .... 285.53
i~ter Co Tel~;~d Tel Co Tel~=rv~ces~ '~ 29.90
The ~aysid6 Press - ~Ja[,o~, ~epb. ~.~,.c-
Alto Watfozd - .St & San. Dept. & Police ........ 47.09
Paul Robbins - Police Dept. ..... 6.77
0. K. Garage - - Police and Sb % S&~L Dept. ..... 15.40
Ingrah~ Seeed Store - Fire Dept. ..... 2.85
g. C. Paige - Police, St & San., Fire & Water Dept. - 99.78
'&~ite Star Ce~. Co. - Water Dept. 28.50
Nix Standard 2ervide - St & San Dept. - ................
H~t Bros. Gro. Co. - Water Dept. ...... 2.6C
0kee. Hdwe. Co. - St & San Dept.&--Wa~er Dep~ .............. 19.2P
0kee. Motor, Co. - St & San Dept. ..... !.~0
Nix Standard Service - Water Dept. .~8
Bishop Office Equip. Co. - Clerk's E~ense ...... 7.15
The 0keechcbee News - Envelopes, I.,egal Tax Notice 67.90
City of Fort Pierce - ',%'ater Dept. ..... 162.00
R. B. ~ese~ve - Insurance !0.00
0keechobee County Bank - Pa~ent on $4,000~00 note 207.00
Int. & Sai~k. Water Fd. - Distribution for July 18~.00
Fire Truck Fund - Distribution for July ...... 94.61
Southern Pipe Tool CQ. - Payment on Sewer Equipment (Srd Pa~ent) 50.00
Domer's ~ac. hine Shop - Part Payment on accost ............... 100.00
G. E. Bryant in behalf of the American Legion appeared and presented Petition
f:or aba~,..~,~ [ ,~ :.it,,~ee Street between South Park Street and Seventh Street. Co-
uncilman Martin moved tc abandon said Stre, et when R. E. Ha~ick has deeded the old
Florida East Coast Railroad Right of w~y to th~ American Legion. Seconded by Co,oil-
man nix and carried.
Marvin t4oble~, brought before the Counoil the need of patch material for the
City Streets. A di~,:u~ion roi_lowed but no a~tion taken.
Fire Chief Hancock appeared and requested an in.tease in ~al~ry to be effectt' e ~z
at present or when n,~w budget is prepared. The ~o~cil agreed that the salary was low
~o
and agreed to conside~ and increase when new budget !s adopted. Chief Hancoc~ stated
that the Volunteer Ff.~e Departmen~ was planning to build ~ hose rack and shelter for
the eld fire truck a:id asked if the oity would share the expense of building and if so
the shelter could be made large enoch to store other City equipment. It was suggested
that the Fire Oo~ittee and V. F. D. CO~ittee work together in drawing plans and
scoring esti~:ated co~t and present at next regular meeting of the Co. oil for
consideration.
The matter of a second coat of paint for the City Hall was discus~ed,.after-
which Co~cilman Martin moved that the second coat of paint be ~e%n seconded by
Co~cilman Mc Dougald ~d carried.
Co~cilman Mc Dougald bro-,ght before ~e Co.oil complaltns of several busines
menthat were being affected by the dust from the construction of Road No. ?O. The
Co,oil agreed that the street should be kept d~p and if this could be done tt would