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1926-08-17 Regular ---- _n- ,-- -,--- -~------,--- --'-----' -'-~-----'-------------- ------~"--"---~-'--~--, . 151 , Ve.p.ghn aJld W liam$ VouQher :(1:67 made gQodl. Bank of O~ee~ g~.9° Sonarfecnwer Bros. Hardware for fire depv. ' .5 , ! , Waterworks Bond Fund #23 .' C, Seaboard Air ~ine Ry.Co. Demurrage 'on pipe 20.00 '~' ,Amerioan Cast! Iron Pipe Co. Invoice April 10, specials for cast iron' pipe l50.10 i Pavin~ Bond Fund:(l:22 , C. ,).. Steed ~f Sons -Estimate #1 paving 9392.3g C. À. Steed "Sons, ,'^':. " *9 "North Parrott Ave. 22ð2.6l Bass Lbr. & ,'. pply ~... ' ,?O ft. of culvert for Parrott Ave. 1l4.00 > , Park Bond Fund t26 C. A. Steed ~ Sons Estimate-'l improving City park *7 2ð37.5g Hatcher & ru~eas architects in re new City Hall l05o.00 'I! ~ UIfn motion Council adjourned. , ~\ ! f hi Þ" .Jr; ~- ---- r Pre .. ¡rot City Council ' Attest: , I f' " I ' : '- Ok eechob"ee , Florida. Aug. 17, 1926 ~, . I T~ City Council of the City of Okeechobee, Florida, met in regular sessio at g O'clOCk~. M. on the above date and the following were present: T. W. Conely,Jr. Mayor; H. H. ~eYarman, President City Council; Councilmen: J. Denham Bird, ,H. T. Bass H. H. Hanooc~ and L. F. Soharfschwerdt, with R. P. Fletoher, City Clerk and L. W. . . Jennings, Oitr Attorney;F. E. Lawrence, City Engineer and L. O. Tootle in attendance. S'fPt. W. R. Terrell appeared before Council and requested Council to have water main- e1tended to new school building and also have Kissimmee Street paved. 1!ctved by Couna tIman Bass, that Oi ty extend water ma in to a point where new J ¡school builè~~ can be suuplied with waterand provided with adequate fire protection, mojion secor.cted by Councilman Bird and passed by unamimous vote. I ¡.;~- C - E. Simmons appeared ':>efore Council in behalf of Excha,nge Club and I t r' I!¡requ estedCO~;...,:.."", oil to provide orOSSin,g over Florida East co,ast Railway track on South - ¡park Street, rnd action on his request was deferred until the City Attorney could ! r. I repare an o~ina.noe covering the matter. . . I " Mi",:' c. A. Daugherty requeeted Council to make payment on bU,l due Florida. ~~er =d Lift 00" =d 00=011 8~thorized payment of awroxi~tely $WOO.OO 00 ~hlS acoount I U. n motion by Councilman Bass, seconded by Councilman Bird, Council auth- . 'l~r1zed grad1 of Th1rd Street from Parrott Avenue to Kiss1mmee Street. Ii C unication was received from OhRmber of Commerce in regard to the num- II . ~ering of hC1tses and posting of Streets, but no action was tAken on the matter at thi I. ," ¡ t~. I r II U1Dn motion by Councilman Bird, seconded by Councilman Bass, Council auth- prized the ctrk to transfer 12000.00 from Paving Lien Fund tlO to Geners,l Fund. il \ , 'II Mr.,' ed by Co'{)ncilrnan Bird that C. A. Steed & Sons be emt>loyed to grade and .'~ I ~ ~: , evel ground .. around filtration TJlant and Dumping station. Motion secon.ded by Council I ' ¡. n Bass and raSSed. , 1- i u;m motion duly seconded and carried,- Council adj ourned to me;et at 3 :30 i þ'clock P. ~ Aug. 19, 1926. ~ ..... 152 Pursu2~t to adjourment the City Council met at 3:30 O'clock P. U. August . IS th, 1926 and the fO,1l0Wing "ere present: T. W. Conely, Jr., Mayor; H. H. DeYerman, J. President City Counctl; Councilmen: J. D. Bird and H. T. Bass, with R. P. Fletcher, , ICity Clerk; L. W. Jetmings, City Attorney and F. E. J. awrence, City Engine'er in atten- dance,. I Ordinance No. 112 was proposed by Councilman Bird, who moved its adoptio lIlotion seconded by Jouncilman Bass and passed by unanimous vote. ORDINANCE NO. 1l2 - ~ AN ORDIIiAlJCE PROVIDING FOR THE COnSTRUCTION, MAINTENANCE, AND REPAIR OF STREET AND RAILROAD CROSSINGS; EMPOWERING THE CITY OF OKEECHOBEE~ FLORIDA, TO CON- i STRUCT OR MAINTAIN stCH CROSSINGS AFTER NOTICE, A:~D THE LEVYING OF LIENS FOn THE E~- ') PENSE OF SUCH "'iOnK¡ PROVIDING FOR CGrŒTRUCTION AnD MAINTENANCE BY THE CITY OF OKEECH BEE WITHOUT NOTICE "!¡¡ERE IO LIENS ARE LEVIED; AND MAKING IT U!lLAWFUL FOR ANY, l'ERS.QN T :J REMOVE, MOLEST, OR ALTER ANY SUCH CROSSINGS; AXD pnOVIDING A PENALTY FOR THE VIOLATIO OF THIS ORDINANCE. I BE IT otDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY ðF . OXEECHOBEE, FLORIDA: ". ' I' I SECTIO:J 1. All railroad comnanies, corporations, firms, or individuals .: ¡owning or operating" line of railroad, log road, or tram road in the City OfOk!èecho' ee, I I Florida, shall build; construct, maintain, and keep in good condition street, road, Ii or highway crossings at all points where said .line of railroad i8 crossed by' any p'ubl' c ~ street, roe.d, or higiw8Y where required by the èi ty ~OU~Cil of the City of Okeechobee 'FlOrida. " '.,. II SECTION 2. The highway and street crossings herein DI'o1tided shall at ~all I. times be subj éct to ¡be inspection and approval of the Ci t~' Council of thE3 Ci ty of 'Okeechobee, Florida. , . .'~, l I SECTIOn~3. Whenever any crossing is not constructed or maintâined as --' I provided for in Seccion One of this ordinanc: the City Council may g-ive notice in :J ¡writing to tte owner or onerater of such railroad setting forth the place and nature II of the cros,sing requ~red or renairs needed, requiring the crossing to be built or the repairs made within thirty days from the time of the service of such noti'cè. The service of such notide UDon any agent of owner, or operator of such railroad, resid- ing or having an offiìce or j)~ace of business within the Oi ty of Okeechobee ,Florida, shall be deemed serv:ilt:e U'oon the owner or operator; or such service may be affected , , by mailing a CODY of the notice to any officer or director of the company or to the owner or operator of ',8UCh railroad addressed to him, at hi8 usual "lace of business wi h ' :J, the legal postage th~eon. ~ SECTION It. If ,the railroad comnany, owner ,or opera tor' of such rëÜI:toad, log road, or tram roaii shall fail or refuse to construct such crossing and to make ~he required repairs ~ithin the time specified in the notice then the City Council . ,i shall proceed to have~ said crossings built or repaired, and upon coillDletion'thereof J shall file in the ofttce of the Clerk of Oircuit Court of Okeechobee Co~~ty an item- lI!l .~ 153 ized stateme~ of the expenses for labor anè material, sworn to by the Superintenden c. of the "ork, jwhich said statement shall be by sa~d clerk forthwith recorded in. the Lien Record lfook, and shall thereupon become a IJ.en upon the road bed and rollJ.ng stock of sai~ railroad. S~CTION 5. I~~ediately upon recording such statement provided for in Section Four of this ordinance the said Clerk of Circuit Court of Okeechobee County I ' . " II shall send é1 CODY thereof by mail to any officer, or agent of the owner, or operator lof said rail~oad, log road, or tram road; or deliver the same in person; and if such I .' II company, own$r, or operator shall' fe,il to pay the same wi thin twenty days suit may B I instituted tQ enforce the payment thereof. r I S4CTION 6. The liene created under the provisions of this 'ordinance may b II,~~~N ~ ~ -~~ ~t at ~, œ u ~ ~ œ ~ ~Mft~ be ~rt- ~ ~ , [ [fOr the enfotcement of li~e. II S~CTION 7. Joo~entS,or decrees rendered and entered =der the provisions I i ~Of this ordi4ance shall include a reasonable allowance for attorneys fe~s. il sjCTION ß. If in the judgment of the City Council of the City of Okeecho- II bee, Florida~ any crossimg or intersection of railroad and street or highway in the ,I Ci ty of Okee~hobee, Florida,. shall be a dangerous and hazardous crossing, being II rough and ha~àrdous to motor vshiclss or t!:sir occupants, by virture or 'their unre- II paired condi iion, the Oi ty Council !"lay repair such crossing or crossings \'Vi thout . Ii giving any n4tice to the railroad conroany, owner, or operator of any~uch :railroad, ~, . ¡I log road, or tram road; but no li en shall be assessed against said railroad company, Ii owner, or on4rator for any money expended for labor and material in the repC1ir of II such crossin,. H ¡ II S~TION 9. It shall be and the same is hereby made unlawful for any perso , [ II ... . ¡¡person", firIf, or corporation to in any way deface, alter, change,.or molest any - II! street and r'c1ilroad crossing or intersection of street and railroad, in the Oi ty of I . ~ ' . r- Ilokeechobee, tlorida, in such a manner as to make suc~ crossing rough or hazardous fo I¡motor vehic14s or their occupants. i ' I S1CTION 10. It Sh:ll be unlawful and a violation of this ordinance for an ¡Irailroad cO1~~any, any section foreman, or member of the crew of any section foreman, I to remove or tdisturb any timber, stone, rock, or other material from 'a street i . ¡road crossin., where such material has been nlaced by the City of Okeechóbee, Florid Ii ¡Iunder and bytvirture of Section Eight of this ordinance. II' i! S4CTION 11. Any person, persons, firm, or corporation who violates ! ' . r, I¡Nine and Ten '.,'"Of this ordinance shall be SUb, j act, ot a fine not exceeding Three Hundred . I' '-- 11(300.00) Dol~rs, and by imprisonment ?lot.exceeding sixty (60) days, or by both such ':~D Ikine or imprisonment in the discretion of the Mayor for each violation thereof. Ii 'I < II. SIfCTION 12. This ordinance shall take effect immediately UDon its passage II Iland appro,vaJ. ¡by the Mayor. . " i: REtad a first time and by unanimous consent DaBsed to a. second readi,ng. ", ii 'i R*'d a second time and by unanimous consent passed to a third and final II ""'" II I' d 154 . I I reading." i Read a third time and passed in open seesion of the City Council this J I; 1ß th day of August, A. D. 1926. If ,j II Ij H. H. DeYarman! President of the City Council Attest: R. P. Fletc;~ City Clerk (Corporate Seal) Approved by me this lSth day of August, A. D. 1926. T. W. Conely, Jr. Mayor Mr. Bo,yer appeared before Council in regard to pryment of final esti- ~ mate on filtration plant and pumping station contract. Mr. R. E. Hamrick requested Council to have ditch dug from East City 1 limits to Seaboard !ir Line Railway right-of-way. - Upon ¡,[¡Otion by Councilman lird, seconded by Councilman Bass, Council authorized C. F. Walker to do two days work with drag line in digging ditch on Ave. C in Cypress Quarters beginning at East City limits. Moved by Councilman Bird that City Engineer- be instructed to proceed immediately with the repair of Florida East Coast Railway Company's crossing on Sout Park Street under Ordinance #=112, it being in the judgment of the City Council of th City of Okeechobee, Florida, a dangerous and hazardous crossing, being rough and hazardous tomGtor vehicles and thier occupants. Motion seconded by Councilma,n Bass and passed by unanimous vote. Upon Lotion Council adjourned. -iJL/ /\ ~ ' ~.~ X7 l\/ ~ . CL--\- '-- ø- Presiden City Council Attest:, ,] . Okeechobee, Florida. Aug. 26, 1926 '} The City~Council of the City of Okeechobee met in special seseiOtl at City Hall at 10 o'cLock A. M. on above date pursuant to call of J. Denham Bird, Pres- ident Pro tern and ao:1;ing Mayor in absence of Mayor and President of City Council from I f City, said call being for purpose of consideri~g offer of National Surety Co. to settle case of City of Okeechobee against National Surety Co. et al and the following were present: Presiìent Pro tern, J. Denham Bird; Councilmen L. F. Scharfschwerdt and H. H~ Hancock, with Evelyn O'Quinn, acting City Clerk; L. W. Jennings, City Attorney and L. C. Tootle in attendance. J . President Pro-tern Bird called meeting to order and stated the "ur"ose as : ,.' set out above. City Attorney, L. W. Jennings, submitted the offer of National Surety Co as made to him by S. P. Hutchinson, Attorney for National Surety 00. to settle the de. osi tory bond on wt-lch National Surety 00. is surety given to insure the City depos ts in. Bank of Okeechobe', which closed June 1, 1926 by order of Comptroller.