1958-09-02 Regular Th~ City Council of t?~e City of 0keechobee, Florida, met in regular session
at th~ City L1 on the above date at 7:50 P. M. with tH~ following.p~es~n~: Mayor
D~, P~esl ~nt Warlord, Co~ci~en ~andler, Gardner, Pe~ce and ~ker with ~ C.
~rrance, Cit Attorney and Lorena Spivey, City Clerk.
of the meetings Held Augus~ 5, 14 an~ 25, 1958, w~e read and approve
folle~g ~ills were approved and ordered paid when f~ds ~e available:
Supply C o~any .......................... $ 2.35
0. Ra~erson ........................... 3.15
St~dard Service ................... 8.39
. & F~n. Co. .... 59.36'
Ice Service ................... 6.95
Rob ~on S~ed Sto~e ..................... 6.75
~a~d 0il Company ......................... 156.57
Mete~ & Supply Company, Inc. - ........... 176.40
0k~ .chobee Motor Company ................... ~8
~ell ' s Garage ............ 32.90
's Machine Shop ............... 36.~90
.ey ~~ ........... ' l0 ~60~
0k~ ,chobee Builders Supply Co. ............. 20.39
D. ~. Mc C~thy .............. 5,76
.'s Atl~tic Service ......................... 1.00
A1 ~Watford and Sons ................... ~- 48.39
0ksechobee News ...................... 39.85
Je s R. Warlord ............. 83.05
Bi ~fice Equipment ~o., Inc. - .........
~ M, gn and Signal Co., Inc. ...................... 2~.00
Co~ any .................................. 26.50
F1 Dep a~tment .............. ~. 08
Specialties Co. of Florida, Inc. - ......
Cli M. G~fney ....................
Na~ Disi~ectant Company .......................... 11~ .50
Ro A. Sharp ~ - ...... 16~
Power and Li~t Company ............ 581.57
Comp ......
Bank Note any ....................... 386.00
~d Cutler ........ 400.00
B~ ' s Auto Supply ..... 31.64
Co~ty Tel and Tel. Comply ...................... 12.70
0k~ ,chobee Pl~bi~ ~d Electric ........... 104.51
A. Sha~ ................. 82.88
Ci ~ Fort Pierce ..............
Trust Co, any ( I&S Ref~ding Bonds F~d) - - 31.8~
i~an Ga~ reported on his investigation of ~e c~ve~ at the
~,~til~z.~ After discussion Co~ci~ G~dner moved to p~ase 30 feet
4S inch culv~ to be placed at ~e abeve location seconded b~ Co~cil~n
and
Noo~e~ ~p~.~e~-'.in b~ha~ ef the Rotary Club stat~g t~t
Clu~ pla~ed o make i~ovements in the isled and ~$~aym on Sta~ Ro~ 15
the City maint~n s~. ~e Co~cil rsce~nded the Retry C~b f~ thsi~ tn~:
in beast the City. Ce~cilman Chan~e~ moved that the' Ci~ b~ome r~sponsibl~
0f maint isl ds pa ays seconded Pete ca ied.
L, Ysildi~, p~incipal of 0keechobee School appe~ed before ~e Co~cii
discus~min~ school t~flc hazz~d and requesting police p~e~ect~on espically in
~e mo~n!~, ~d ~te~oon. ~s Co~cil agreed to instruct th~ police to be at
the school at the above tim~m. Co~cilman G~dneM moved to adopt 0~inance
the sp~ed .t in schoel zones on 0sceela ~d KissiEee Streets se~onde~ by Co~cil-
man ~ d~r ca~iled. Atto~y ~ance inst~uctsd ~e p~e ~din~c~
Gordon Groo~ !s appeared in behalf of the CiVil Air Patrol requesting that the
light on top of water
tank be replaced. Water Supt. Kinsaul stated that arrangements
· had been made to have the light repaired.
requested Fire Chief .~odwin to talk with firemen regarding ma~ter.
A request f:~om H. L. Stokes to adjust a water bill at Ed Watford property on
lake was discussed. ~ ter due consideration the Co~cil denied request for ~dJ~stment.
Fire Chief ~od~n reported the need of booster hose for fire truckA Co~cil-
~ Walker moved, sec ~nded by Councilman G~er ~d carried to p~chase lO0 feet of
~ Fra~ iltob'~llo asked if the City had ~y info~ation on the matt~ of _
Placing a c~b,in fro ~t of Western Auto. ~e Co~cll stated that they were still work
[
tug on the mat~er ~d hoPed to have something definite in the nea~ fut~e.
W. J~ Hendz~, County Attorney, representing the Co~ Co~ssioners, appea~ed
~equesti~ tha~ the ~ty maintain grassed areas along State Road 70 East to City lt~ts
~. A Resolution to this effect waS ~ceived f~om the Co~ty .
~d parlays oh Us ~4
~o~is~o~ers. ~e C ~ty a~eed to contact the State Road maintenance Deponent re
~uesti~ information las to ~ether they would continue maintaining ~aid areas.
~ P~a~ant to notice published in ~e Okeechobee News and No obJe~ti°ns havi~
~een filed and~ upon ~co~endation of Zoni~ Co~ssioner, Carlisle ~omaS,up Co~cilLan
Bearce presented the ~ollowing ReSolution and moved its adoption ~d.
ended by Counctlm~ ~rdner was put to a vote and unanimously adopted.
R E S 0 L 0
~AS, J~ ~e Holt is the o~e~ of that cebtatn parcel of land tn the
City~ of Oke ,chob~e, Okeechobee Co~ty, Florida, described as fol~ws
East ~$00 feet, North 150 feet, West 300 feet, South
feet ,f E~ of SE~ of SW~ of Taylor Creek, Section 15, ~o~ship
~EEAS, th~ said pr, operty is now zoned as "Agricutlt~al ProperS"
~EREAS, th Sai4 J~e Holt has filed her application and/or petition
to the City ~.Co~ucil reques.ting that said property be rezoned from
"Agr~cult~ 1" to "Co~ercial", and - ·
~ said petition, as ~oresaid' has been 'carefully considered
~E~AS'by Ca~lisleth ~o~s, S~., the duly acting ~d qualified Zoning Co~issioner
~of Okeechobee, Florida, and
of the Cit~
~AS, th~ said C~lisle ~o~s, ~., has approved said petition and
has reco~e~ded to the City Co~cil that the said property be
hereinbefor ~ stated, now, therefore, ~ ~
BE ~ RESO~ by the Uity Council of the City of Okeechobee, Florida,
in regular ~ession assembled, ~at ~e reco~endation of the said Zoni~
Co~issione ~, as hereinbefore set forth be, and the s~e is, here~y ratified
and ~prove~[-
BE IT F~{~ RESOLV~ that Notice of said approval be published
Okeechobee ;eWe, a newspaper published in Okeec~bee Co~ty, Flor~da, as
required b~ the Statutes of the Stare'of Florida, and Ordinates of the
City of ORe ~'chobee, Florida.
~ PAS~ and ~OP~ ~is the 2 day of September, A. D. 19~.
C TY O OBEE
~cilman Pearce presented the following Ordinance and moved its adoption
and upon seconded by Councilman Chandler was put to a vote an4 unanimously car~i~
0 R ~..I. N A N C E .N..0. 289
AN ESTABLISHING RATES AND CHARGES FOR THE USE A~D SERVICES
OF MUNICIPAL WATERWOREDS AND SEWER SYSTEM OF ~HE CITT i~F 0EEE~0BEE,
AND PROVIDING FOR THE COLLECTION OF SUCH RATES A~ CHARGES.
WH by concurren_~ proceedings of the City of 0keechob~e, Florida, is
providln~ the issuance and sale of $350,000 principal a~ount of ~Vater and Sewer
Revenue Bonds of said city for the purpose of acquiring and constructing extensions
and ins s to theW~aunicipal waterworks and sewer systems of sa~d city, which
bonds are to primarily secured .and p~able from the revenues de~ed from the
operation of ~aid waterworks and sewer systems remaining after payment from said
revenues of t reasonable current expense, s of operating and maintaining said
and in order o satisfactorily negotiate the sale of s aid revenue b~ds it is neces-
sary that a ~ vised schedule 'of ~ates and charges for the~use and services of said .
municipal wat and sewer systent~ be prescribed so that the revenues from said
systems, toge with the proceeds of the utilitie~ service tax, a~ure the pa~ment
of the inter~ t on and principal of said revenue bonds as the same ~ecome due;
NOW THEREFORE, Be It Ordained by the City Council ~f the Eity~of 0kee-
choice, as follows:
Sec That all owners and accupants of houses, apartments, hotels,
motels, trail~ camps, manufacturing or commercial establishments, ~r any other build-
i~ 'of any ki situated upon lots abutting upon any street, alley o~ easement, in
which there h, s heretofore been installed a sewer line of the municipal sewer system
of the City o~ Okeechobee, or in which there is here-after ins%all~ a sewer line
which is a p~ of any future extensions or improvements to said sewer system shall,
within ninety' (~0) days from the date of adoption of this ordinance ~r the date such
sewer line i~ d and placed in operation, as the case may be,! connect therewith
all sanitary e drain Pipes of such houses, apartments, hotel~ motels, trailer~
camps, manufa, or conunercial establishments, or other buildingS, conveying the
sewage theref into said sewer line, cuch c~onnection~ to be made u~der Such re
as the City C il of said city may establish by ordinance, and failure to do so is
hereby declar, to be unlawful and to constitute a nuisance.
That all architects, contractors, builders, o~ other persons
who shall her. ter erect new buildings for dwelling, manufacturing or oommercial
purposes, on lot or parcel of ground abutting on a Street, alley op easement in
which there h heretofore been installed, or ~ay be hereafter installed and maintai.ne~i
any such line, shall before erectin~ any such building exhibi~~ to the City
or any other or official of said city which may be in charge asd onnt~ol of the
munici~l s system, sati-sfactory evidence that a means has been ~r will be pro-
vided for the sanitary sewerage drain from such building.~ith the muni~
sewe~ system.
.~ It shall be ~.aw~ml fo~ perao~ t~.cor~
privy, vault, cesspoo~ septic tank, or similar contrivance for the reception of sewer-
age when the premises .but upon a public sewer line in any street, alley or other ease-
ment, and a~l such pti ~ies or toilets shall be removed by the owners and the occupants
of said property abutt .ng on any s~reot, alley or other easement or private property on
which'runs, a sewer lin and to which the drainage from such premises may be connected.
All such privies or su face toilets, or other means of casting or depositing Sewerage
into a container above or below the surface of the ground, or upon or into the soil
or into any running o2 percolating stream of water or into any cistern or well whereby
the soil is contaminat :d~ with such sewerage, are hereby declared to be unlawful and
to Constitute a~ nuisan e.
.S..ectign ~ hat commencing with the first water meter readings following
the adoption of this o. dinance there is hereby established a schedule of monthly rates
ar~ charges for the us. and services of the municipal waterworks system, as follows:
Monthly ,~,a~,er, Ra.t es
M~tereA Water Sales;
3,000 gallons o~ less ~ $3.00 (minimum)
Ne~ 4,000 gallons '60 per thousand gallons
N~t 8,000 gallons .§0 per thousand gallons
35~000 gallons .40 per thousand gallons
over
50,000 gallons .30 per thousand gallons
S~cti.~n ,5,~ ~at commencing with the first day of the month following.the
adoption of this ordin nco there is hereby established a schedule of~ monthly rates and
charges for the use ~ services of the municipal sewer system, as follows:
~onthly ~ewe~?Ra~e~
Residential, $3~00 per month
Commercial, -~ $~'§0 (per month, plus 80% of the wa~er
bill for the same month).
S. ection 6. me foregoing rates, both water~a~nd sewer, shall be applicable
each connection, pr ~ided, that where a multiple dwelling has a single connection
the foregoi~ng schedule ~f rates and charges shall be imposed, billed and collected on
a per unit basis.
S~ction V. ~ the event the sewage, water or other liquid wastes being dis-
charged into the sewers from any building or premises is detehmined by the cigy to
co~tain unduly high cor~ :entr~ations or any substance which add to the operating costs
of the sewer facilities of the city then the city may establish special rates and charges
as to such class of bu~ ~ding or premises, or the city may require the owner o~ other
party to sp~ :ially treat such sewage, water or other liquid wastes before it
s discharged in to tb sewer system.
S. ection .8. ~e foregoing schedule of rates and charges shall apply to all 7
residential, con~nercial and industrial establishments directly or indirectly connected ~
~with and served by the ~unicipal waterworks and sewer systems, or either thereof, and
be billed to the ~wners of the premises, provided, that upon application by the
of any premises ~o is not the owner, filed with the City Clerk, acc.om~ahied by
~iate s ecu~i~l~ .ndemnity in am~.~.amount and or, kind approved or authorized byI ~
the City Count .1, such' bills may be rendered to the tenant; provided, further, that the
rendering of bill to a tenant whi i~ not the owner of the premises shall not affect
or impair the of the city to enforce and collect the amount du~ from the owner.
In the event a commercial building or premises ~dis. charging sewage,
water and liquid wastes into the municipal sewer facilities uses water supplied
on other than metered basis from a private water supply then in ea~h such case the
owner may ~e by the city to cause a water meter or other measuring device to
bo installed to tho city, and the quantity of water ~ed &s measured by such
meter shall s as a basis for determining the pertinent portion o~ the sewer rate
and charge~ pending installation of such meter rates and charges shall be based
upon an ed quantity of water used.
Water meters shall be read monthly and all bi~s for water and
sewer services shall be rendered monthly, and if not paid within ff~teen days followiu$
the rendtion each such bill the ~ount thereof shall become deliq~ent. When any
bill becomes uent as aforesaid the amount thereof may be enforde~i by.the city in
a civil action to recover the money due and the water service to the ~remises served
thereby shall discontinued or shut off and an additional fee or charge of $~.~00 sh~
be made m~d co lected for each r~-connection when any such deliquent i~ill or bills
are palS,'
~at all ordinances, resolutions and orders, ~ conflict here-
with, be and t'. same are hereby repealed to the extent of such conflict, .provided,
any ordinan-ces ~ adopted prescribir~ the current water and ~wer rates and
charses shall in effect until the rates and charges establishe~ by this
ordinance effective.
~ ' THat this ordinance is enacted for the p~romot~n of the h~
and welfape of city and its tnhabitants~ and shall be in full fo~ce and effect
immedia~ely~ up its adoption.
P~s~ and adopted 'Sept. 2, 19~. .
Jesse R. Watf~d ~
P~esid~nt' of the... ci~ Co~cl'~
ATTEST: '
Approve~ Sept. 1958
Aud:
Reeo~de~ Sept. 1~8
Com'~ .lman Pearce presented the folZowing Resolution .and mc~ed its adoption_
upon, beXn~ sec~ by Councilman Chandler wa~ put to a vote and unctuously adopte~:'
RESOLU ~ON
. mak:
WHEREA~ by resolution adopted July 3, 1958 by the City Council of
the City of )keechobee, Florida, entitled "A Resolution providing for
the issuanc~ and sale of Water and Sewer Revenue Bonds of the City of 0kee-
chobee, Flo~ Lda, for the purpose of making extensions and Lmprovements to
the combined and consolidated water and sewer system of said city; setting
forth the t .~ns amd conditions upon which said revenue bonds and additional
revenue bo~ ranking on a parity therewith are to be and may be issued
and outstand Lng, and providing for the payment of suchrevenue bonds solely
from the net revenues of such water and sewer system and from the proceeds
of the uti~illes service tax being imposed by said city," provisions were
made for the issuance and sale of Water and Sewer Revenue Bonds of said
city for the prupose of making extensions and improvements to the ~ombined
and consoli~ ~ted water and sewer system of said City and providing for the
security and sou~® of payment of said revenue bonds, and subsequently said
city, actir~ by and through its City Council, has negotiated for the sale
of said wat~ and sewer Revenue Bonds to Allan Blair & Company and Associates
under speci~ ~.ed conditions, as more fully hereinafter set out; and
WHEREAS it is advantageous and for the best interests of said city that
said revenue bonds be issued and sold to ~Ald Allan Blair & Compan~ amd
Associates p ~suant to the terms and provisions of the negotiated agreement
for such sa! dated August 14, 1958;
NOW, T! REFORE, Be It Resolved by the City Council of the City of
0keechobee, ~orida, as follows:
Section 1. That pursuant to ~he provisions or. Section 1 of the ~esolutton
It is herob~ provided that Water and Sewer Re~enl;,.e Bonds numbered
inclusive, a authorized by said resolution, shall bear interest aS the
rate of fo~ per cent per annum and~ that said Water and Sewer Revenue Bonds
numbered 47 ;o 350, inclusive, shall bear interest at the rate of fou~ and
one-half pez~ cent per annum.
Section 2. That pursuant to the provisions of Section ~ of said
resolution a lopted July 3, 1958, it is hereby provided that said Water and
Sewer Reven~ Bonds numbered 4~ to 350, inclusive, shall be redcemab!e be-
fore matuz~i± at the option of said city in whole, or in part from.time to
time in the nverse order of maturity thereof (less than ali of a s~ng!e
maturity tc .e selected by lot), on any interest payment date on or after
July 1, 1967 upon terms of par and accrued interest plus a redemption
ur and one-half per cent of the p;~incipal a~ount thereof.
premitml
of
f
Sect. ion 3. That the Water ~ud Sewer Revenue Bonds authorized by said
resolution ~ ~opted July 3, 1958 shall each be countersigned by the President
of the Coun.~ l, and that the facsi~nile of the official signature of said
President of the Council shall appear on each of the interest coup~s.
· Section 4. That in order to more clearly set forth the provi~ons
:
~ v~i~ respect to tko Depreciation Fund as set forth under subparagraph (c)
of ~ction 5 of said resolution adopted July $, 1958, it is hereby fu~-
th. convenanted and agreed on behalf of said City of 0kee~hobee that the
.payments into said Depreciation Fund during the ,respective
cal years to the amount equal to five per cent of the gross revenues'
~ of ~e water and sewer system shall be continued when and ~o the extent the
· the in the Water and Sewer Revenue Fund are available until the
accumulated in the Depreciation Fund is at least $2~,000, and when-
ever any withdr'~wals and disbursements sre made f rom said Delorebiation Fund
~ as p ~d and provided by s aid resolution adopted July 4, 1958 further
and ona! payments into said Depreciation Fund shall ~e made as other-
~ wls~ provided by said resolution so as to reinstate and mat~taln a balance
~ ~' in ~ .id Depreciation Fund of at lea~t $25,000.
· ~ ;tion That notwithstanding any of the per'tinent ~Provisions of
-Sect on 6 of said resolution adopted July 3, 1958 with res~cb tb the
of additional parity revenue bonds from time to ti~e, it is here-
by ~ ~d and agreed on behalf of said City of 0keecho~ee that the
"net revenues of said municipal water and sewex' system for the
last preceding calendar year' shall not be subject to adjustment as other-
wis~ provided by said Section 6, ~and that such additionalP~rity revenue
b~ may be issued from time to time as otherwise privided by said Section
6 on' when there has been provured and filed with the ~it~ Clerk a state-
ment by an independent certified public accountant of reco~ized reputation
not n the regular emplo.y of the city on a monthly salax-y b~ sis recit~in~
the )Inien based upon necessary investigation that the ne~,reyenues of
mnni )al water an~ sewer system for the last precedin6 c~ndar year, tQ-
geth with the amount of the. proceeds from the utilities service tax fo~
Said )receding calenda~ year was equal to at least 150% of ~%he maximum arno
tha~ become due in any succeedin~ calander year for b-th principal o£
and on all obligations payable from said sinking ~und, including
~the bonds then proposed to be issued. It is the purpose of this
sect on of this resolution to eliminate the permissible adjustment of net
revc~ to reflect revisions in the schedule of rates and ~ha~$.m being
impo~ ~d at the time of the issuance of any such additional parity revenue
bond , and also to eliminate such permissible adjustment of~~ any such net
rove to reflect any estimated increase in the amount thereof~, by reasom
of a~ future extensions improvements or betterments for ac$ount of which
such additional parity revenue bonds are to be issued.
~. ~ection 6 That said resolution adopted July 3, 1958, as hereinbefore
· ' sups: ~ and subject to the provisions of this supplemental., resolution,
as w~ as the provisions for the imposition and collection~ of the utilities
, serv :e tax, as referred to in said resolution adopted Jul 3, 1,958, are~i~
i ali ~speets he~ ~atified and cen~irmed, and that sale sai~ reve~
bonds upon t tz~ns of not less than 95% of par plus accrued interest to Allan
Blair & Co~_p ~ny and Associates, as provided by the agreement for such sale
dated August 14, 1958, is hereby in all respects approved, ratified and
c onfiEned.
Adopted September 2, 1958 by the City Council of the City of Okeechobee~
F1 orida.
Jesse R. Watford
President of' t~e Council
ATTEST:
..... Lorena Sp
City Cl e~k
Approved Se~ ~ember 9, 1958
Audl.e~. D~ ham
Mayor' "
Approved as o form and 6orrectness, Septembe~r 9, 1958
G. C. Du.? ance
City Attornc .....
Recorded Sep ember 9, 1958
Lorena So~, vey
City 01erk ~
Rolland A. a~p, Consulting Engineer, reported that work order was issued
2, 1958, fo~~ sewage treatment plant.
The Council sed a street to sewage treatment site and water l~ne.
the use of a
~ne~l~n Ga~dn~ and agreed to contact Roger Jones regarding/temporary right
of way to property. Clerk was instructed to write for price on 9 inch water pipe
when Supt. Kinsaul reD~ the number of feet required.
A letter was From The Western union Telegraph Company requesting a
in 0ccupati License. After discussion Council agreed that no adjustment
could be made.
Upon motion Council adjourned.
A'J~lrd~'t ~