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Creating OUA - Interlocal Agmt Amendment #3THIRD AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE OKEECHOBEE UTILITY AUTHORITY BETWEEN OKEECHOBEE COUNTY AND THE CITY OF OKEECHOBEE, FLORIDA. THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT, made and entered into this 8th day of March , 2007, by and between the Board of County Commissioners of Okeechobee County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "County," and the City Council of the City of Okeechobee, Florida, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as ty. "Ci " WITNESSETH: WHEREAS, the County and the City previously entered into that certain Interlocal Agreement dated November 10, 1994, whereby the Okeechobee Utility Authority was created; and WHEREAS, the Okeechobee Utility Authority has requested the County and the City to amend said Interlocal Agreement. NOW, THEREFORE, for and in consideration of the premises and mutual agreements hereinafter set forth, the County and the City hereby agree that said Interlocal Agreement is hereby amended as follows: - Paragraph 3.2.i of ARTICLE XV - CREATION OF UTILITY AUTHORITY - is amended as follows: 3.2. The Authority shall have the following powers: To levy special, non-ad valorem assessments on benefitted properties, pursuant to the methods for establishing and collecting such non-ad valorem assessments set forth in Chapters 125, 153, 166, and 170, Florida Statutes, provided however, the Authority shall furnish no less than sixty (60) days' written notice to Okeechobee County and to the City of Okeechobee in advance of the effective date of any special non-ad valorem assessment levied and assessed on benefitted properties within Okeechobee County, including those benefitted properties lying within the City of Okeechobee. The Authority may collect non-ad valorem assessments utilizing methods and procedures provided to local governments under Sections 197.3631 and 197.3632, Florida Statutes. Said collection of non-ad valorem assessments shall be subject to all collection provisions of Chapter 197, Florida Statutes, including the issuance and sale of tax certificates and tax deeds for non-payment of said non-ad valorem assessments. AFFIRMATION BY COUNTY The County hereby affirms that, at a duly constituted meeting of the Board of County Commissioners of Okeechobee County, Florida, on the 8 day of ~ aCC , 2007, it approved the terms of this Third Amendment to Interlocal Agreement and the execution thereof by the County. ATTEST: By C~~-a C~h I I CjCC Clerk SHARON ROBERTSON, CLERK BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA By Ch ' an (SEAL) AFFIRMATION BY CITY The City hereby affirms that, at a duly constituted meeting of the City Council of the City of Okeechobee, Florida, on the Wt day of 2007, it approved the terms of this Third Amendment to Interlocal Agreement and the execution thereof by the City. ATTEST: By 1 City Jerk CITY COUNCIL OF CITY OF OKE O E, FLORIDA -r By fi... -G Mayor E (SEAL) I I I 717 FEBRUARY 6,2007 - REGULAR MEETING - PAGE 14 OF 16 ',-, VIII. NEW BUSINESS CONTINUED. H. Consider a request to waive parking requirement for Elite Title continued. I. Motion to approve an Interlocal Agreement between the Okeechobee Utility Authority, Okeechobee County, and the City of Okeechobee - John Hayford (Exhibit 11). Mayor Kirk asked even though Ms. Watford has a letter of consent for parking from State Farm which states that Ms. Watford is the owner of Elite Title, what happens should she sell the business? Attorney Cook replied that the new owner would have to bring the property into compliance. Council Member Watford moved that the City of Okeechobee grant to waive the parkina reauirements for Elite Title presently owned by Ms. Frances Watford. along with the consent parkina agreement by adioining property owner State Farm. and that there will be no parking on the East right-of-way. it is also understood that this waiver is for this owner only. the property will have to be brought into compliance should the owner or use chanae: second bv Council Member L. Williams. KIRK - YEA C. WILLIAMS - No VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD- YEA MOTION CARRIED. Okeechobee Utility Authority Executive Director John Hayford and Attorney Tom Conely, addressed the Council regarding the Third Amendment to the Interlocal Agreement creating the OUA. It was explained that this is basically a house keeping item affecting the County and not necessarily the City. However, an amendment to the agreement takes action by both entities. Article II, paragraph 3.2 authorizes the OUA to levy special, non-ad valorem assessments set by, Florida Statutes, the statute number reference in the agreement for the City is correct. However, one of the chapters was left out for the County, number 153. There was a brief discussion on the matter. The majority of the Council did not realize that this authority was already given to the OUA by statute and the agreement. They also questioned why it was not listed that the City be given a 60 day written notice in advance of the effective date of any special non-ad-valorem assessment levied. Council Member Watford moved to approve the Third Revision to the Master Interlocal Agreement between the Okeechobee Utility Authority, Okeechobee County, and the City of Okeechobee with the amendment that the City of Okeechobee be given a sixty (60) day written notice in advance of the effective date of any special non-ad-valorem assessment levied; seconded by Council Member Markham. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD- YEA MOTION CARRIED.