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1927-03-01 Regular 185 ì Oouno11man Walker moved that Water Superintendent be instructed to <I C ~ve Fa~~s-~rs. ~gms fr~ old p~ping stati~ Md .1nstall Sa~ in nø - pump1nl~la.t, motion seconded by Councilman Hanoook and passed. , I I ~ Councilman Casey moved that O,i ty Att~rntfY be instructed to prepare oHi.ano. p4oviding for issuing street improvement liens, motion seconded by Councilman 4nandler and passed. ' : Upon motion Oounoil adjourned. ~. ~ . ~ ~C/~ Attest: Æ~. he8id~t of 0ity O~ol1 ~ r ~' r The City Council of the City of Okeeohobee, Florida, met in regular , t ~' sMsiœ in ihe City Hall at 7:30 O'olook P. M. on brch 1st, 1927 an4 ~s foll~ing !' , '.ere pre.eni: J. Denham Bird, Mayorj Leon Latour, President City Council; Oounoil- . ¡¡ men; B. L. paDdler, H. H. Hanoook, Ben Walker and I. Casey, with R. P. Fletoher, ", I al'er~; Lòn ~te.art, ':ahief of POlioe,; L. W. Jennings, aity Attornsy; r; E. Lawrenoe, City Engine4r and L. O. Tootle, Water Superintendent in attendance. Minutes of meeting held Feb:ruary 15th were read aD~ approved. 'Mayor Bi~d reported to Council that he had 'sUspended policeman Grubb. ' J J .Y:r. Sturnham appeared before Counoiland offeredt.o deoora te City I ~ Hall for cotty "ai,r for the sum of 125.00. I : IlaYO~ Bird took up with Oounoll the m,;,tter, Of, ext,ewung water main t South Welt rditU"~*O Okeeohobee. There being no funds a.ailab18: at present for mating this~xtention, Council took no action on the matter~ Oounoilman'Oasey moved that Council approve transfer of funds as í f~1~.: 'et~r1 22, ~27, .1295.75 fr~ Sewer SOM ~d #24 to ktenorke B=d ~ . Fund "23j F.ruary 28th 1927, 12300.00 from Sewer Bond Fund #24 to I. & S. Water- r-" - works Ex~en1ion Bond Fund #20, motionseoondedby Councilman Oha~dler and 'assed. , , Ordinance No. 117 was proposed by Councilman Casey, whô moved its adop1i1ori, m+1011 seoondsd by OounolllllSn Hanoook and passed by un~1..ous vote. W ORDINANOEIO. 117 r , AN ORDIBANOE REQUIRING ABUTTING PROPERTY OWNERS TO PAY A PART OF THE OOSTOP' OON UOTIO1r'OF OIRTAI. HARD SURFAOED ROADS OR STREETS UPO' OERTAIN DESIGâ JAft]) STalE, AVIWES, OR PARTS THEREOF, IN THE CITY OF OKEEOHOBU, FLORIDA;; PROVIDIIGir TIliLIVYING OR ASSESSING or IIlPROVE1ŒNT LIENS AGAINS'l' SUCH ABUTTING PROPIRTYj A PROVIDING FOR THE FOREOLOSURE AND SALE THEREOF UPON THE FAILURE OF THE PROPERTY ow S TO PAY SAID ASSESSMENTS WH~N DUE AND PAYABLE; AND PROVIDING FOR THE APPLI£ATION F ALL FUNDS REALIZED FROM THE COLLECTION OF SAID LIENS BY FORECLOSURE r-. OR OTH.ERWIS!t,. AS AUT.HORIZED UNDER SECTION 29, CHAPTER ð31ð, AND CHAPtER 8321, ACTS ! OF THE LIGI"ATURE AT ITS SESSION, A. D. 1919. . , " ' , . , " BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OKIEOHOBEE, ,LORIDA: c " Secti()n 1. That pursuant to law and th'eordinancee.1:"" of: the Oi ty of ~ ' OkeecbObee, tlor1da~ there has been constructed on the following ~am$d streets, a~~n~s ,al ys, or parts thereof, of the City of OkeeohObee, Florida, hard sur- :faced roads r streets according to the plans and specifioations of the C1.ty Engine. now o~ file n his of~ioe. The streets, or parts thereof~ having been so paved are as f0110W8, ò~wit: " \ 186 ~ ~ Cherokee Street from South Park Street to Fifth Avenue. Hicpochee Street from S,out? park,' Street to seventh, 'Street. J""",,', Seminole Street from S,outh Park Street to Sixth St%ee.i. , . Eighth street from Parrott Avenue to Tallahassee Street. . '~ . Miami Street, in South Okeeohobee, from Seoollld Street to Fifth Street. Parrott Avenue from Borth Park Street to the alley between North Park Street. North Park Street from Parrott Avenue to TallahaSiSeecStreet. Parrott Avenue from Ninth street to Fourteenth Street. South Park Street from Canal Street to Osóeol~ Street. Sectiot. 2. That the cost of the construction of said hard surfaced streets on the intetseotions 'of all avenues, or streets, or across any avenues, or I streets, or street, shall be paid by the City of Okeeohobee. That the remainder of the expense of s~ohlçons~r~otion or improvement shall be charged or assessed by the City Council of 'thetCity of Okeechobee, Florida, against the property abutting upon each side of avenue., streets, or parts thereof hereinabove nal!1~Q....~1} t~~~p';-QPortion of one-third of theoost thereof against the abutting property on each, ~1de of said avenue, street, or ,art thereof, and the amount,s assessed or charged to, th, e own,.er Of -, any lot or lots or tarts. tþereof, if known, and if the own e+". i:!n9t. kno~n.. then. to be , assessed or ohargedas unknown; that portion against the abutting property to be I charged or 'assessed,',: in pr,oport, ion ,to the frontage of the same said a,venu,es, streets, '1 or parts thereof, a'd which said lot or lots, or parcels, of land have been especial: ly benefitted by said improvements; which said assessments shall.be and .are hereby- made a lien upon sa d land and the improvements thereon, and shall be and is hereby made, superior to all other liens, except ta.xes upon the same, and said :1;:iens shall ÌI bear interest at the rate of six per cent per annum from date thereof until fully pa d. Seo'tiot 3. That all said liens shall be recorded in the office of the clerk Of, the Circui, in and for Oàeechobee Co~ty, Florida, wi tbout delaY, Efha;tl be signed by the Mayor. counter-signed by the President of the City Council, and attest ed by the City CIerI, wi th the .eal of the City aff1úd,:=.thereto. ;' ,. Seotio.4. That as soon as practicable and within sixty days from the passage of the ordi4anoe the City Clerk shall have prepared a statement of the cost I of such constructioJJ, such statement to be prepared by the City Engineer, a,nd shall I enter up in a book ;repared for that purpose to be known as .Street Improvement Lien Book" a list of the;lot or parcels of land abutting the said avenues, streets, or thereof, hereinabov. designated, showing the amount of frontage of each lot or pares of land; said book .hall also contain a statement of the total amount of the cost of the work upon each .treet, or avenue, and shQIl enter against each lot or parcel of land tþe am°1:1nt or ~mountsto becharged er assessed against the same', respeotively, in proportio~ to th. frontage that each lot bears to the total so improved with the hard ,surfaced stree'ts aforesaid, including the oostof the said P9rtion ch~rled to the City of Okeeoho~ee; it hereby being determined that in the discretion of the Cit Council the front fqet rule is a fair and just method for the determinatiQn'of the amount of cOlt to b. charged against the abutting property respectively. The said asse~smentshall be~ade against each city lotaooording toth, r~corded plans of th same, except where 1b,.,eproper"ty of one individual includes pa,rt. of par"ts" of O,ther 1 s 1." " then, the assessment.-ay be ~de as a whole against any group of oont1guo,"~' 19tstor parts of lots belon~ng to the,same individual at the, time the lien is executed. ~- Said book shall be !iled in the office of the City Clerk and kept open to 'public during the usual office hours. ~ I Seotio~ Five. The City Clerk shall as soonas practicable afterthe passa 0 of th1s ordina,nce Ptt>, lish a notice in The Okeechobee News, a newspaper published in the Cfty of Okeecho,*e, Florida, of the fact that said work has been completed, such notice to contain tl1e name or names of the avenues, streets, or parts ther,eof, so. completed, the appr*imate date of completion of the same, which shall be notice to the OWners of the lat or lots or parcels of land contiguous or abutting said avenue, street, streets, or parts thereof, that such assessment or liens have been entered in said Lien Book. Sai~ notice to advise any person or persons owning any such part or parcel of land uponi,.hiCh lien is claimed that they may within thirty days after the I PUbl, ioa, tion of su, oh .', otic e present in writing to the, 0 i ty Clerk any, obj eo"t.,','i., onto the ¡ lien af~resaid sett. g forth the grounds of objections to the levying of such. lien ' upon said lands or the amount of the same; such notice shall specify the 'naile or ¡ names of each prope ~y owner, if known, together with the Iota or lots against which i assessments are madef and the amount of the assessments against the same. Any person I i or p~rsohs owning ant of such lots or parcels of land Sh, all wi thin said th1rt.y etays : file objections in aÞcordanoe therewith, whioh objections may be based upon any 'l i irregulari ties in the proceedings rela ti8, to the levying of the assessm.ntt. of the . ¡ liens, or to the amoþn.t of the assessmentsor lien against the particular property , : described. I , \leotioni 6. SaiJi notice above required to be published shall also specify ì a date upon which th~ City Council shall meet and consider all objections that may be , filed ~othe amount,tprOoeedings, or enforcement of such lien; anduþon suøh. 'da~e the t"" City COuncil shall mttet and hear and conside,r such abjeotions a,nd, 8~a, II mak,'e,dûeând I., nd proper inquiry, t-nd if it, shall appear t,o thètr satisfaction that the,oos:t as ¡ ,l1t8rect in said lien" bo<?k exo.eeds the a.otua~ cost of the èonstruotioni of síic~ iria- . l rOV"'.n1s, or has b en erroneously entered then said City Council"~ shall havec the I -'- ';- -,--~ u,-',- \ I . 187 entry in sa.d lien book corrected and shall fix the amount to be charged against said lot orflots, the amount not to exceed the actual one-third of the cost of the (",' ¡ oo,nstruotioa', of S,aid street improvements, and the am,oun,t so fixed by the City "I Cöiriiëil "Osha 1 stand as the amount of the lien and shall be conclusive. Any amount " , ¡'I in excess eaid one-third costs as se"t out above shall be paid by the Oi ty of Okeeohobee. . I !I ' Section 7. In any case where no objections have been' fIled as here- II tofore þ1.rOvtded for, the amount entered in said street taprovement lien book shall II, be oonslui, V',IY consIdered as oo,rreot, and shall thereupon and thereafter stand as i a lien UpQn11 and against the property therein described at the amount therein opposi e i,l said" de.orilt" tion 'of the same, which amount so fixed and determined. shall be oonolus ve II upon the prþerty owners and not subject to attack. II " 1'1 ; 't Section 8. As soon as the assessments or liens aga,inst the lots or I parcels of land aforesaid have been fixed according to the provisions of this ordinance i is hereby ordained that improvememt liens against the land as finally 'II, fl&ed in th"",' Street Improvement Lien Book shall be issued. Said e.asessments or lien I shall be ma e payable in not more than ten equal payments, payable one-tenth of the jl,p,r",1, nc ipa"l et,'.."".."","',Ch and every year after dat, e, tOg, e, ther W, 1th 1ntereBt,u"pO",n,', th, e, whole a,t r"1 "the rat~ of¡six per cent per ~n= until ~l1y paid. , ,- - .' --.. Section 9. That upon the failure of the property ownårs to pay any r inS~ll~ntt~When it shall become due and payable for a space of ninety days after ',' i, II 'the, same b e,.olle s dU"e, the, whole amou' nt of said lien ,Sha.ll, become ,iuediat ely due and i payable, an sha.ll.be foreclosed and sold in the same manner as liens are foreclose ...., ,~:tmae~ t_' g eral law insofar as applicable, provided that suits to forec'lose the I liens as he ein provided shall be filed not later that two years a«ter the same II shall beoom+ due and unpaid. II " ' II ~ Section IO. Said liens are authorized unde,r Section 29, chapter 8318 II and 'h..p~er~' 321, o'dihe Aots of the Legislature at its. session, A. D. 1919. All I JDODies cell oted in payment of the aforesaid liens,af,ter all cost and expenses 1,,1 ,,',h,&Teb, .~",."P',i"d~, 4Jh all, be depos,ited into, the proper, Ci,t'¥ d~ositor Y è)T, depositories, II ,to the Inte est and Sinking Funds f~r the retirement øf the issue or issues of bond ;1 or 'rime War ants from the proceeds of which said paving was don or said lmprove- :i ments made. ' , I 'I t Sect-ion II. That all ordinances or parts of ordinances in conflict I herewith. beiand the same are hereby repealed. I , Section 12. This ordinance shall become effective immediately upon I ita passageþnd approval by the Kayor. :: II' ~ Read a first ~ille and by unanimous consent passed to a second read- ing. ~ ( , i Read a second time and 'by unanimous consent passed to a third and II final reacU4g. II . [' i,l " " r Read a third time and passed in open session of the Oi t1 Council , Ii this 1st dai of Karch, A. D. 1927. ,¡ . t , Ii Ii r Ii t L,on La tour '. I', PrëiTdent of Oi ty Oaunoil I At~e,t: . Fletcher I > ty Clerk APprOT.dJ7~y~e this 1st day of March, A. D. 1927. . I ' > J. Denham Bird. . , II ;,', .~~ ~ , II -- , ' i ...,-foliowing resolu'tion was offered by 00, unoi,lman Oasey, who moved I its adoptlorf, mo'lion seconded by Councilman Hancock and passed. I ' RESOLUTION ADOPTIIG STREET IMPROVEMENT LIEN FORM. . if wHER£AS, the OityOounoil of the City of Ikeeohobee, Florida, has by .r-, i ! ordin&, nOe',d,y passed~ authori,~ed th, e levying of Stre,et, Improvement Liens for the I purpose of curing the payment of one-third of the amount ohargable against the v " abutting pr , erty upon certain avenues and streets, or parts thereof; and WHEREAS, it is necessary for the City Council to adopt a Street Improvement ~ien Form: THERFORE: t ',' t',:',.'" BE I' T RESOLVED that the said Street Improvement Lien jorm shall be I ~n suþstant ,111 the following form: I ' I II - - _k ,.., 188 . ¡ ~ S TRiET IKPROVEUNT LIEI., I RO. r . ' ] I STATE OF rLORIDA r COUNTY OF OKEECHOBEE CITY OF OKEECHOBEI i.. I To .. , Owner: i t This StreettImprovement Lien, issued this - day of A. D. 1927, by f . \ the Cl'ty of Okee¡j'èho,ee, a: municipal corporation Of the State of Florida, In the , ..." ! County of Okeeohobet, under the provisions of S~ction 29 of a Special Aot of the I Legislature of the taid State of Florida, being Chapter 8318 of the Acts of 1919, I empo.er1:ng the CitYJ.....Of Okeeohobee to improve tne streets within sa.td oity¡ to assess , abutting owners for¥part of the cost of such improvement, and to enforce .~he collect lion of such cost an. drdinanoe duly passed, against the following re8;l estate, eit- I ua ted in said City ~f Okeeohobee, to-wit: . . I. 'î I , ' ~ I.' , I ACCORDII. G TO THE RE.ORDBD PLAT THEREOF, recorded among the 'public records of said . l, Okeechobee craun ty, Sn the sum of Dollars' WITIISSETH:' . I WHEREAt, the said Ci 'ty 0:1: OlCeeonooee nas oausëd to be made on ' ' I Street, between , Street and Street, the following impr9v$ment,to ! wit:- " I . I .' The pating of said street as above set forth, and the said improvement haYing be~ O~lett:d ~e notice of the cost thereof, ~ Of fue intetiœ of . said City of 01t.eeoh to claim a lien for the proportionate cost 'thereo,t having , been published aad:, '@rved according to law, and the Council of said City of ~keeoho- bee, having on the {dayoof , A. D. 1927, pursuant to said publication, and notice having met ~onsidered all objections when presented to them, anâ after du ! consideration there.f have assessed against the property abutting on each side of a I said street so impr,ved the legal one-third proportion of the cost of said improve- I ¡ ment, less that por'1on chargable to the City of Okeeohobee, being front feet a : the rate of, Dollars per front foot, making the proportiona,te amount of I this lien uuon the fands herein described the sum of Dollars. I YOU WI'L TAlE 10TIOE, that the said City of Okeechobee, Florida, afore- said, does hereby ffx and claim a lien upon the a,foresaid described lands, for the aforesaid one-third "costs of said street improvements as assessed by said City Council, including $nterest at rate of six per cent per annum from date hereof, and I all expenses of for4o10sure if same is foreclosed. That the said amount of this Street Improvement .ien shall be paid in ten equal annual installments of one-tenth a eaon and every year 'until paid with interest thereupon at rateo:f"six per cent per annum, provided tha1 the first installment of one-tenth shall be due and payable on I [ the date that this .treet Improvement Lien is issued and dated, and the other nine- 'I t.enths shall be due ",and paya,ble on. e-tenth each and ev. ery year after date h,ereof u~tf~ 0', fully paid, or the ltame may be paid in full at any time with interest as ,. aJforesaid i ; from date of said lien. ' ' That ulOn fai~~re of the owner or person liable for the payment of this '~ Street Improvement a.',len to pay any installment after the same become,s du.e.. for J;l~nety days the whole alDomtt of this lien shall become due and paya,ble and shall ~-be fore- closed and the said]lands sold to satisfy the same according to law. ' I In .IT~S S WHEREOF, the said City of Okeechobee hath caused these : presents to be exec~ted by its Kayor and the President of its Council, and its oor- porate seal to be h4reunto affixed, and the same attested by its Clerk, the day and i year first above wr~tten. ( --¡ayor of sara-õlty of dkeechobee. Attest: . , Clerk Of àai4 City of Okeeohobee. III I . i STAT! ., P'LORIDA ~) '- ¡ .. . OJCEIOHOB&E COUNTY ~ ¡ per.ont' ly appeared before me J. Denham Bird, Kayor, Leon La tour I '. President Of COUDO1.. and R.P. Fletcher, ,ðlerk of the City of Okeechobee, who Þeing I duly sworn say that, he facts set forth in the above Street Improvemènt tf'en 'are true ! in all particulars; ~hat the total amount of Dollars is justly due and ¡ unpaid, and hereby +,.knOWledge that the above tien was executed for the purposes f therein stated~ and ~ray that the same may be duly recorded. I ,~ - ~ ---~- ---- --- __n- -------- ,--- I I I 189 II I t~. 'I!, Kayor Of 01 ty of Okeeohobee. C " Attest:. ' I II ~k of City of Okeeohobee. ~ ' Ii preS1dent ot 01 ty Council ot 01 ty t of Okeeohobee. Ii I I" Sworn to ant subscribed before me this day of " A. D. 1927. ., I ' j . 'I I, 'I , T,e above resolution was read Ii first time and by unanimous consent II passed toa tseoond. readi~g. II- I Rtad a second time and by unanimous consent passed to a.third and final I reAding. ' . . '" I R~,' d a third time and passed in open sessfon of the C1 t,,1 Council this r lst day of +-roh, A. D. 1927., . . ~ '. " . - II . L. 1r. Jennings, Oity Attorney, presented to Oouno11 proposal of G. B. ~¡ r Sawyers Com ny for City of Okeeohobee to issu, .~RJ)(is:;in the SUDlCLf,' 150000iOO l bearing 610 terest, in lieu of Time Warrants in ~he '8\1m of $5000SOQ,issU8d .-' August 1, 1 5. G. B. Sawyers Company to pay attorney's fees and all other expenses - II connected w h issue of bonds and also pay City of Okeeohobee 1500.00. " , I C+n.°ilman H~noook ",oyed that City aooept propOsal of G. B. ,Sawyere I' Oompany fOr!, he City of Okeechobee to issue bondS, in the sum of .50°, OO~~,bearing 6'f. interest ayable semi-annually in lieu of .50000.00 issue of T1me1farrants, i, ssued byC -,. Y of Okeeohobee, Florida, August 1st, 1925, provided that entire issue of Time Wat ,nts is covered by proposal and upon payment of attorney's fees and all . 9t,À'-::t_O.Olte þonneoted with issuing said bonds amd, also payment. of ,.500. oo~ to Oi ty I of Okeechobele by G. B. Sawyers Comps.ny, motion seconded by Councilman Walker and , P&ff8e4..' r, ¡II" 1 OounoilmanOasey moved that O,ouno11 grant en ty Attorney, '1].: W.:. Jenni,n, ge, ' petmission to use two rooms in City Hall as offices, motion seconded by I C~e~l-.n ~lker and passed. I ,,'. ; Application of Mr. ,roodsmall to build fillingsta tion infrQnt of 8tore',', at, pa~" s 'rouris,t ,oamp, was referred to Oi ty Engineer for investigation wi th in8tr~ct10n_to report on matter at next meeting of Council. . ' . ", ' 'Council proceeded to investigate ~harge against Mr. Grubbs an.. I found i,n,,8,U,f, ~, oient evidence of culpability to sustain charges against him, but , found. ~t nt had been negligent. . . 't' Motion made by Councilman Oasey, seconded by Councilman Hancock that fl" polioeme, n, Grbbs be reinstated, but that he appear at next regular meeting of . . Oounctl, ~4 e cautioned and warned againøt negligence in the future. Upon motion Council adjourned to meet in special session af 7:30 . r I o'olook P. ui liar. gth 1927. ....- ........ '_~'~-' - ~keeohob.e, Florida Mar. gÞ.1927. ,I f . ." , '" , Pur~uant to, adjournment ,the Oi~y CoUncil met at g:P. M. all, the above ,at,~: at, th~ ",0',' Y Ball and the fOllowing ,w, ere present: J. Denhlllll Bird, ",orj,J¡,IoII.f . !J,a:t9..,,;.;:Pr~.j+nt 01ty Council; Councilmen: H. H. Hanoock, H. L. Ohandler" I. Oasey, " . I d Ben Walke .1~h R. P.F1etoher, Clerk; L. W. Jennings, 01ty Attorney; a,nd Lon I I tewart"Ohie of Police 1natt~ndanoe. r:. ,,:,,' i' ! The ~ounOll oODidered propOUd changes in City charter, !met after i n 1.cU81~ .~. ~8 fOll~1ng re8o~t1on Was offered by Oo~oil~ Oas~ ~ _V~ ç:' t8 adt)ftion, lotion. Seconde" by Councilman Hanoock and Passed '" , I .., '1' . j'" ' ì; RISOLOrIO. ',"" f RESOLVED BY '!'HE CITY OOUNOIL or '!'BE CITY OF OKEEO~OBIE~ rLPIUD.A, THAT , " . i ' . ¡State leaatorè L~ W. Jennings and County Representive, T. W. Conely, J~._~ an~ they are hereby re ested to pro~ure uendments tothe charter of the City ot Okeeohobe. " " Jat the next s sion of the tlorida Sta~. L'Øt81~tui~ P~ovid1ng in effect a8 follow.: