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1958-05-06 Regular 557 Upon motion the Council adjourned. RESIDENT ~CI TY COUNCIL May 6, 1958 The City Council of the City of 0keechobee, Florida, met in regular session at the City Hall on the above date at 7:30 P. M. with the following present: Mayor Dunham, President Watford, Councilmen Chandler, Gardner, Pearce and Walker with G. C. Durrance, City Attorney and Lorena Spivey, City Clerk. Minutes of the meetings held April l, 14 and 18, 1958, were read and approved as read. The following bills were approved and ordered paid when funds are available: GENERAL FUND Standard 0il Company ................... $ 130.32 Harden's Tinker Shoe and Saddle Shop 2.00 0. L. Raulerson-- 4.00 The Texas Company ............ 14.40 Williams Electric ................................ 14.67 Clewiston Motor Company - 13.69 City of Fort Pierce .... . ............. 474.75 Martin's Uniforms ......................... -- 84.42 Poser's Machine Shop .......... . 59.72 Burgess Supply Company ......... 2.35 Br~nnon Williams .... . ..... 29.75 Florida Power and Light Company --- 464.08 0keechobee Builders Supply Company ...... 52.00 In'ret County Tel and Tel Company ........... 28.56 Pa~k "66" Service .................................. 1.50 Alto Watford and Sons ................................... 75.76 Mobley's Garage ....... _ _ l0 98 Hayes Standard Service .... 6.50 Lee Engineering & Construction Company .... 5,083.61 Bennie' s Auto Supply 21.02 Ths 0keechobee News ...... 105.10 0keechobee Pure Service 9.25 0keechobee Hdwe. & Furn. Company ..... 71.13 The ~reenwood Company 7.50 Lyie Signs, Inc. - ........................................ 212.40 Davis Meter & Supply Company, Inc. 1,065.52 Mr. !. Dennison, representative of Orange State 0il Company, appeared before the Council requesting permission to erect a service station bulk plant combination on Lots 1, 2 and 3, Block 140, Original Town of 0keechobee. This location being in a Commercial zone the Council agreed they had no objection to the erection of above service station and bulk plant combination with storage tanks in the ground and put down according to specifications. C. E. Harden with a delegation of home owners from the lake fron~ area appea~ed before the Cotuncil stating they were unable to get the necessary water for their homes through the old pipe~ which was to small to carry sufficient water to their homes. After discussion Councilman Chandler moved to purchase necessary pipe ~o replace this old line seconded by Councilman Walker and carried. Max Mills discussed the City purchasing needed stop signs and offered catalogue that could be used for the purchase of same. The Council agreed to in- vestigate matter. Counollman Chandler presented the following Resolution ~u~d moved 1ts adoption ~.nd upon belng seconded by Cosmctlmau Walker was put to a vote ~0r~d ~manlmously adopted: R E S 0 L U T I 0 N WHEREAS, under agreement dated September 3, 1957, Seaboard Air Line Railroad Company granted to the City of 0keechobee, Florida, the right to lay, maintain and operate under the tracts and property of said Railroad Company a line of 8-inch cast iron water pipe within a 15-inch concrete casing pipe at a point 1185.09 feet, more or less, westwardly from Railroad Company's Nile Post 909, said pipe line forming a connection with an existing 9~-inch water line at a point 100 feet, more or less, northwardly from the center line of Railroad Company's main track; NOW, ~HEREFORE, BE IT RESOLVED, by the City Council of the City of 0keechobee, Florida, that the action of the President of the Council in executing the said agreement of September 3, 1957, is hereby ratified, approved and confirmed. Attorney Durrance presented the executed Inter County Tel and Tel Company agreement and it was ordered filed in Clerk's Office. Councilman Gardner moved that the City accept Garbage Disposal Franchise and agreement with Laurens Reeves seconded by Councilman Pearce and unanimously carried. AGREEMENT THIS AGREEMENT made and executed this the 6 day of Nay, A. D. 1958, by and between the City Council of the City of 0keechobee, Florida, and Lau~ens M. Reeves. WITNESSE~H: Whereas, the City Council of the City of 0keechobee, Florida, is authorized under the laws of the State of Florida, and Charter of said City, to grant a franchise for the removal and disposal of garbage within the limits of said municipality, and WHEREAS, Lau~ens M. Reeves is desirous of securing a franchise for the purposes hereinbefore stated, now, therefore, BE IT RESOLVED, that the said laurens M. Reeves, be and he is, hereby granted an exclusive franchise for the collection, removal and disposal of garbage within the City of 0keechobee, Florida, under the following pro- visions and conditions, to-wit: 1. Garbage shall be deposited in the areas designated by the City of 0keechobee. The City is required to pay the cost of operating City disposal areas where the garbage is to be deposited and the City Shall pay the cost of burning all refuse, bulldozing and lefeling the said garbage and such other maintenance operations which are necessary to continue the use of the disposal area. 2. Franchise holder will furnish all equipment and labor necessary for the removal of garbage and trash from residences, apartments and all business places registered and paying for said service. 27A. This franchise is not transferrable and shall not be assigned or transferred withou the written consent of the City Council. 3. Franchise holder shall collect all refuse, garbage and trash from parties avialing themselves of the use of the system when such re- fuse, garbage and trash are put in receptacles designated as proper by Ordinance and these receptacles are placed in the proper places on prop- erties as designated by Ordinance. 4. The Franchise holder, before commencing any work in this City, shall execute a bond to be approved by the City, with surety, in the penal sum of $1,000.00 conditioned for the faithful performance of the provisions of this franchise. 5. This franchise shall be for a term of 15 years. 6. This franchise shall be subject to renewal for an additional 15 years, by and with the mutual consent of the City of 0keechobee and the Franchise holder, provided~ however, Franchise hOlder shall give to the City of 0keechobee at least thirty days notice, in wgiting, before the end of f~anchtse period provided herein, that he wishes to renew the franchise for an additional period of 15 years. The initial rates to be charge.d by Franchise Holder shall be in the amounts agreed upon, as follows. 559' CLASS 1. SINGLE FAMILY RESIDENCES The rate for signal family residences shall be on.e p. tck-up per week with maximum of two 30 gal. receptacles $1.$0 per month. ...CLASS ll. DUPLEX FAMILY RESIDENCES~ The rate for duplex family residences (excluding apartment houses) shall be two_pick-ups per week with maximum of two 30 gal. receptacles $2.50 per month. CLASS lll. COM~RCIAL The rate to all apartment houses, hotels, churches, inns, lodging and rooming houses, tourist and motor courts, and all other places of public accomodations, store rooms, offices, restaurants, garages, service stations, manufacturing plants, trailer courts, office buildings, and all other classes of users in the City of 0keechobee, not named in CLASS 1 and CLASS ll, shall be determined by the number of pick-ups per week and the quantity involved. IN WITNESS HWEREOF, the City of 0keechobee, a municipality has caused these presents to be signed by the President of the City Council and attested by its Clerk and its corporate seal to be affixed hereto and approved by t~he Mayor, and the Franchise Holder has hereunto set his hand and seal the day and year first written. CITY OF 0KEECHOBEE, FLORIDA BY: Jesse R. Watford PRESIDENT, CITY COUNCIL ATTEST: Lorena Sptvey CITy CL~K '' APPROVED: Audley Durn~sm MAYOR Lau~ens M. Reeves LAURENS Mo REEVES Signed, sealed and elivered in the presence of : G. C. Durrance JoVan Ed Burdeshaw appeared before the Council discussing the soft ball program and requested the City to pay the light bill monthly also stated the need of a donation to help pay the cost of improvements on the new soft ball field. After discussion Councilman Gardner moved that the City pay the light bill monthly and that proceeds from collections at the games after maintenance bills are paid be given to the City to be applied to light bill also to pay balance needed to purchase equip- ment, lights and accessories for the new soft ball field not to exceed $375.00, seconded by 2ouncilman Chandler and carried. W. L. Hendry, County Attorney, presented a right of way contract and Resolution for the Councils approval for the paving of a portion of First Street, Eight Street, Ninth Street and a portion of 0sceola Street. After discussion Councilman Gardner moved to accept the right-of-way contract and that same be executed and the Resolution be adopted and upon being seconded by Councilman Pearce was put to a vote and tu~animously adopted: RESOLUTION WHEREAS, the State Road Department of Florida has authorized and re- quosted the City of 0keechobee to furnish the necessary rights of way and easements for that portion of Section 91§S of State Road No. (Streets of 0keechgbee) includin~ parts of First Street, Eight Street. Ninth Street and 0sceola Street in 0Eeechobee, situate in skid municipality as hereto- fore surveyed and located by the State Road Department and shown by map on file in the office of the Clerk of the Circuit Court of 0keechobee County, and in the office of the Clerk of said municipality, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said section in said municipality until title to all land necessary, for said section has been conveyed to or vested in said State by said municipality, and said lands physically cleared of all occupants, tenants, buildings and/or other structures situate upon or encroaching within the limits of the lands required for said section; now, therefore, be it RESOLVED, that said municipality, through its City Council, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necOssary for said section of road, and deliver to the State Road Department said lands physically c~ear of all occupants, tenants, fences, building and/or other structures situate upon or encroaching within the limits of the lands required for said section, and that the and the Clerk be and they are hereby authorized and directed to execute and de- liver, on behalf of said municipality to said Department the contract in the fore ~ereto attached; and be it further RESOLVED that the Attorney for this municipality be, and he is hereby authorized and directed to proceed to take the necessary steps for the municipality to acquire in its name, by gift, purchase or condemnation, said right of way and easements for said section of road, and to pre- pare in the name of said municipality by its City Council all condem- nation papers, affidavits and pleadings, and prosecute all condemnation proceedings to Judgement; and said Attorney is further authorized to have prepared at said municipality's expense, and furnish to the Department the abstract search provided for in said contract. RIGHT-OM-WAY CONTRACT THIS AGREEMENT made and entered into this 6 day of May A. D.1958, by and between the STATE ROAD DEPARTMENT OF FLORIDA, a body corporate under the laws of the State of Florida, hereinafter called the "Depa~tment"~ and the City of 0keechobee, a municipal corporation of the State of Florida, hereinafter called the "Municipality", witnesses, that WHEREAS, the Legislature of Florida has designated and established Streets in 0keechobee, and the Department has located and surveyed a portion of said road designated as Section 9153, in 0keechobee County, Florida, and has made a survey and location of that part of said section including parts of First Street, Eight Street, Ninth Street and 0sceola Street in 0keechobee~ as shown on survey and location map, duly certified as provided by law, on file in the office of the Department of Tallahassee, Florida, and on file in the office of the Clerk of the Circuit Court of said County, and in the office of the Clerk of said municipality, and in the judgment of the Department said location and survey have been found to be practicable and to the best interest of the State, and WHEREA~, the Department has requested and authorized said municipality, solely at itc~ expense, to seclude by gift, purchase, or condemnation the lands and pr¢~perty necessary for that part of the right of way, easements for outfall ditches and borrow pits for said section situate within said municipality and shown on the ~ight of way map of said section, snd such as may hereafter be found necessary by the Department for said section, and WHEREAS, the City Council of the City of 0keechobee, in meeting duly called and held on the 6 day of May, A. D. 1958, adopted a Resolution (copy being hereto attached as a part hereof, marked "EX~IBIT A"), signifying its agreement to comply with the Department's said requests, and authorizing its Mayor and its Clerk, on its behalf, to execute this contract. NOW, THEREFORE, in consideration of the premises and of the mutual under- takings hereinafter set forth, the parties mutually cover~ant and agree as. follows: 1. The municipality sha~l forthwith furnish the Department with a title search made by a reliable Abstractor or Abstract Company or by its Attorney, showing the ~resent ownership and record description of each parcel of land over wh~ch s~.id right of way and/or easements extend within said mmu~icipality, as shown on said right of way map on fi~e with said City Clerk, and Depart- ment, together with all unsatisfied or outstanding recorded liens or encum- brances, lea~es and tax deed, tax liens and tax certificates held by parties other than the State. Thereupon the Department shalR prep, are a~nd furnish to the municipality the description of said right of way and/or easements to be acquired from each of the several parcels of lands, or interests therein, as shown by said title search. The furnishing of said descriptions shall be solely for the assistance of the municipality and nothing in this para- graph shall be taken or construed as the Department's acdeptance of the title, or quality of the title, to the land or easements shown, and shall not release or relieve the municipality of its agreement herein to furnish the Departme~t free, clear and unencumbered title to the land required for said right of way and easements, or from any of its covenants hereunder. 561 2. After the Department has furnished the municipality said descriptions, the municipality shall proceed forthwith, solely at its expense, to acquire by gift, purchase, or condemnation, free, clear and unencumbered title to the land so required as aforesaid for said project by the Department for said right of way and easements, and convey or vest the same to or in the State of Florida for the use of said State Road, by good and sufficient deed or deeds, and deliver to the State Road Department said lands physically clear of all occupants, tenants, buildings and/or other structures situate upon or encroaching within the limits of the lands required for said project. Any land to which the municipality has here- tcfore acquired free, clear and unencumbered title, which may be necessary fcr said right of way and/or easements, shal!b e conveyed by the municipality t¢ the State for the said use under the provisions of this section. If the municipality within a reasonable time, to be determined by the Depart- ment taking into consideration all the circumstances and conditions involved, should fail to comply herewith, then and in such event the Department may, at its electionabandon the project or proceed after giving the mtuuicipality due notice thereof to acquire said right of way and easements, at the ex- pense of the municipality, and al] sums so advanced by the Department shall be repaid to it by the municipality upon demand. 3. Conmmencing with the date when the Department shall begin construction operations on said project, and at all times thereafter for so ~ong as said project shall continue to be part of the State system of roads, the municipality shall save, defend and keep the State of Florida and the State Road Department, its officers, employees and contractors harmless from any and all damages, claims or injuries, actions at law or suits in equity arising from or growing out of any defect or alleged defect affecting the title, or because of the lack of title or right of possession of the State of Florida for the use of said road, to any portion of those lands and easements required by the Department for said project as aforesaid, and the municipality agrees to pay and discharge all lawful claims, damages, judgements, decrees and any other expenses arising from or growing out of s~ch claims, injuries, actions or suits, 4. After the acquisition of said right of way and easements by said munici- pality and the acceptance of same as satisfactory by the Department~ the Department agrees to construct the aforesaid project at the earliest date it dtermines practicable, and appropriate or cause to be appropriated the fund for said construction. IN WITNESS WHEREOF the Department has caused this agreement to be executed in duplicate by its Chairman and its Secretary, and its official seal to be affixed; and the municipality has caused it to be executed by its Mayor and its Clerk, and its official seal to be affixed, the day and year first above written. Signed, sealed and delivered STATE ROAD DEPARTMENT OF FLORIDA in the presence of: BY: Chairman ATTEST: Secretary ( Seal ) Signed, sealed and delivered CITY OF 0KEECHOBEE, FLORIDA in the presence of: BY: Audley Dunham Corinne Burdeshaw Alfred Watterson ATTEST: Lorena Spivey Clerk of t~e City of 0keechobee (Seal) Councilman Gardner presented the following Resolution and moved its adoption and upon bei~g seconded by Co~ucilman ChanSler was put to a vote and unanimously adopt ed: R E S 0 L U TI 0 N WHEREAS, E. H. Hargreaves has made application to this Council to authorize the Tax Collector of the City of 0keechobee, Florida, to cancel all city taxes heretofore levied against the property here- inafter described, for the years 1926 to 1940, inclusive, for the reason that said lands were excluded from the municipality by Ch~pter 10,960, Laws of Florida, Acts of 1925, and WHEREAS, said taxes which have been assessed for the years 1926 to 1940, inclusive, or any of such years, and make proper notation on the tax rolls of said city to clear the following described lands of said taxes: Lots I to 6, inclusive (less the north 7 feet thereof), of Block A, of Mac Glashan's Addition to East 0keechobee~ according to plat thereof, recorded in Plat Book l, page 16, public records of 0keechobee County, Florida; also, that part of the former but now abandoned Florida East Coast Railroad right of way lying immediately south of and adjacent to said lots I to 6, inclusive, Block A, above described, and between Florida Avenue and East Plaza Street in MacGlashan's addition to East 0keechobee as shown on Plat of said addition above referred to. Lot l, Block B (less the north 7 feet thereof) of Mac- Glashan's. addition to East 0keechobee, according to plat thereof, recorded in Plat Book l, page 16, public records of 0keechobee County, Florida; also a portion of the former but now abandoned right of way of the Florida East Coast Railroad right of way described as follows: Beginning at the Southeast corner of the above described lot. I of Block B, Mac Glashan's add- it~on, and run thence south on a projected west boundary of said Lot l, 100 feet, more or less, to the south boundary of said former but now abandoned railroad right of way, thence run easterly 100 feet, more or less, to the west boundary of Florida Avenue; thence run north along the said west boundary of Florida Avenue, 100 feet, more or less, to the southeast corner of said lot l, Block B, of Mac- Glashan's Addition; thence run west along the south boundary of said lot l, 100 feet, more or less, to the point of beginning. Lots 9 and l0 (less the south 7 feet thereof), Block 13, Riverside Park subdivision, according to the plat thereof recorded in Plat Book l, page 23, public records of 0kee- chobee County, Florida. Lots ll and 12 (less the South ? feet thereof), Block 13, Riverside Park Subdivision, according to plat thereof, re- corded in Plat Book l, page 23, public records of 0keechobee County, Florida. --~ Dated this 6 day of May, 1958. CIT~ COUNCIL, CITY OF 0KEECHOBEE FLORIDA BY: Au.dle~ Dunh am MAYOR AT~GEST: Lorena Spivey . CI TYCLERK Councilman Walker moved that the following Resolution be approved seconded by Councilman Chandler and unanimously carried: R E S 0 L U T I O N RESOLVED that the City Council of the City of 0keechobee, be and they are hereby requested to coordinate all matters relating to the opening and closing of City streets with the Board of County Commissioners of 0keechobee County, so that the maximum cooperation may be obtained in regard to planning, paving, and maintaining the streets within the City of 0koechobee. PASSED AND ADOPTED IN REGDLAR SESSION CONVENED THIS 22nd DAY OF APRIL A. D. 1958. Pursuant to notice published in the 0keechobee News, and no objections having been filed and upon reconmuendation of Zoning ¢omm~tss!oner Carlisle Thomas, Councilman Pearce moved to rezone Lots 2 to 10 inc., Block 51, First Addition to --~ South 0keechobee fr~ "Residential" to "Commercial", seconded by Councilman Chandler and carried. A letter was read from the Housing and Home Finance Agency advising of the approval of City of 0keechobee application for Public Facility Loan in the amount of $350,000.00 for sewer improvements. A request to open and grade Fourth Street to give entrance to Lots 10, ll and 19, Block 189 was discussed. The Council agreed to instruct Leon Williams to open same. Complaints on odor from Markham ditch was discussed. The Clerk was in- structed to write a letter to Markham Brothers requesting that the screens over the sewer drains be kept in place at all times. Water Supt. Kinsaul presented a request from Stewart Lightsey for a water line to his residence. Request granted. The need of a larger water line to property owned by Garrison, Stewart and Mc Laughlin was discussed. Councilman Gardner moved to purchase 300 feet of lb" pipe to replace said line, seconded by Councilman Chandler and carried. Also discussed was a larger line to the residence of Harry Frish, no action taken but matter under consideration. Councilman Chandler moved to grant city employees, employed one year or more a two weeks paid vacation, seconded by Councilman Gardner and carried. '~c lman Chandler moved that the Mayor instruct the Chief of Police to notify E. L. Kirkland to remove the Junk automobiles a~ound station, seconded by Councilman Walker and carried. The Council authorized the purchase of patch material for streets. Ft~e Chief Godwin discussed the need of two fire extinguishers for the fi~e truck. Council advised Chief Godwin to obtain full details on cost and report to Council. Zening Commissioner Carlisle Thomas presented a request application and fee from Ford Collins to rezone from "Agricultural" to "Commercial" the following described property: Beginning at the intersection of West boundary of Government Lot 2 of Section 92, Township 37, South, Range 35 East, with the North right-of-way line of Florida East Coast Railroad, ncw abandoned which point is also the South boundary line of State Road 70, and run South along west boundary of Government Lot 9, a distance of 73 feet; thence West, parallel to South bcundary of State Road 70, a distance of 100 feet; thence North parallel to West boundary of Government Lot 2, 73 feet, more or less, to intersection with South boundary of State Road 70 to the Point of Beginning. Councilman Gardner moved that above described property be advertized for rezoning, seconded by Councilman Pearce and carried. The City Attorney was instructed to pre- pare Resolution rezoning this property from "Agricultural" to "Commercial". NO TI CE TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, Florida, will on the 10th day of June, 1958, consider application for re-zoning from "Agricultural" to "Commercial" the following d~scribed property to-wit: Beginning at the ~ntersection of West boundary of Government Lot 2 of Sectien 92, with North RTY line of FEC which point is South boundary of Road 70 and ~un South along West boundary of Gov't. Lot 9 a distance of 75 feet; thence W. parallel to West boundary of Road 70 a distance .of 100 feet; thence N. parallel to West boundary of Lot 9, 73 feet to i~ersect with South boundary of Road 70; thence East along South bound- ary of Road 70 to POB. Secbion 29, Township 37S, Range 35E. P~e ase govern yourselves accordingly. Jesse R. Watford President City Council ATTEST;Lorena Spivey, City Clerk Okeechobee, Florida City of Okeechobee Councilman Gardner moved to adjourn to meet Tuesday, Nay 13, 1958, at V:30 P. M. seconded by Councilmmn Walker and ca~ied. E co .c' L' May 13, 1958 The City Council of the City of 0keechobee, Florida, met in regular adjourned session at 7:30 P. M. at the City Hall on the above date with the following present: Nayor Durnham, President Watford, Councilmen Chandler, Gardner, Pearce and Walker with G. C. Durrance, City Attorney and Lorena Spivey, City Clerk. 0. L. Hunt, Supt. of Public Instructions appeared before the Council dis- cussing the sewer line at the new Elementary School building stating B~at the plans and specifications had beeu approved. After discussion Councilman Gardner moved to advertize for bids for furnishing all labor, and all. materials, and doing all the work in connection with the construction of Interceptor Sewers, Service Laterals, Lift Station and Manholes and other necessary apptu-tenances for the efficient oper- ation of the facility, seconded by Councilman Pesrce and unanimously carried. NOTICE TO BIDDERS The City of 0keecr:obee, Florida, will receive sealed bids until 8:00 P. M. o'clock E. S. T. June 10, 1958, at the office of the --~ City C].erk in the City Hall, 0keechobee, Florida, at which time bids will be publicly opened and read aloud, for furnishing all labor, and all materials, and doing all the work in connection with the construction of Interceptor Sewers, Service Laterals, Lift Station and Manholes and otha~ necessary appurtenances for the efficient operation of the facility. Any bids recei ed after closing time will be rejected and re- turned unopened to the Bidder. Copies of the plans, specifications and other contract doctunents may be examined without charge at the office of the City Clerk, City Hall, 0keechobee, Florida, or in the offices of Rolland A. Sharp and Associates, Inc., Consulting Engineers, Dubose Building, Veto Beach, Florida, or will be forwarded by the Consulting Engineer upon ~eceipt of a deposit of $15.00. Each bid must be accompained by an acceptable bidder's bond, or certified check in the amount of 5% of the total base bid. Bids must be submitted on bid form furnished. No bid may be withdrawn within thirty days after the above scheduled closing time for the receipt of bids. In case of ambiguity or lack of clearness in the statement of prices in the bid forth, the City reserves the right to ~ejeet the entire b~d. The City reserves the right to waive any or all informalities in the bids and to reject any or all bids. E~is 13 day of May, 1958. Lorena Spivey " 'C 'I T Y C L E R K Approved as to form: G. C. Du~rance Approved this 13 day of May, 1958. Audley Dunham Jesse R. Watford M"A' Y 0 ~ P R E S I D E N T 0F C 0 U N C I L