Creating OUA - Interlocal Agmt Amendment #1FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA.
THIS FIRST AMENDMENT TO IN'iTERLOCAL AGREEMENT, made and
entered into this /0 a- day of AAf;Z , 1997, 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 "City."
WITNESSETH:
WHEREAS, the County and the City previously entered into that certain Interlocal
Agreement dated November 10, 1994, whereby the Okeechobee Utility Authority was
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created; and
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WHEREAS, the Okeechobee Utility Authority has requested the County and the
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City to amend said Interlocal Agreement.
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NOW, THEREFORE, for and in consideration of the premises and mutual
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agreements hereinafter set forth, the County and the City hereby agree that said Interlocal
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reement is hereb
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amended as follo
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ws:
Paragraph 7.3 of ARTICLE VII - BUDGET AND FUNDING - is amended to
provide:
7.3. By May 1, 1995, and by May 1
1996
and by September 1st of
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each year thereafter,, the Authority Board shall adopt, by budget resolution
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its tentative annual budget for the ensuing fiscal year, and shall forward copies
of said tentative budget to the County and to the City.
AFFIRMATION
The County hereby affirms that, at a duly constituted meeting of the Board of County
Commissioners of Okeechobee County, Florida, on the 10t1day of April , 1997, it
approved the terms of this First Amendment to Interlocal Agreement and the execution
thereof by the County.
The City hereby affirms that, at a duly constituted meeting of the City Council of the
City of Okeechobee, Florida, on the 11 tlday of November , 1996, it approved the terms of
this First Amendment to Interlocal Agreement and the execution thereof by the City.
CITY CQIWCJL OF CITY OF
OKE HOB . FLORIDA
ATTEST:
City` Cler-k........
By C
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G. NEW BUSINESS
Consider a pre-annexation agreement continued.
4. Consider a request to amend the Okeechobee Utility
Authority Interlocal Agreement - Mr. Tom Conely
(Exhibit 5).
NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 13 OF 22
Mayor Kirk stated he thought this was a win situation for the City, it is new ground for the
Council and the discussion that was brought out was very important to help all the
people up here that has to make the decision, reach an area at least where they think
they know that they have enough information to make a decision that they can live with.
No matter what the Council decides some people are going to be in favor of it and some
against it. It is our job to do what we think is best for the City, he definitly thought this
venture is in the best interest for the City and urged the Council Members to pass the
agreement.
Vote on motion to approve the pre-annexation agreement:
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Okeechobee Utility Authority Board Attorney Tom Conely addressed the Council
requesting two amendments to the Interlocal. The first amendment is in Section 7.3, it
states the OUA Board will adopt by May 1 st of each year their tentative budget and send
copies to County and City. The OUA Board is requesting the tentative budget adoption
deadline be by September 1st. He continued further that the 0UA Board does not have
all the necessary advertising to do for tax assesments and adopting a tentative budget
in May is extremely hard to do.
The next item Attorney Conely wanted the Council to consider was to delete section
4.10, all decisions of the OUA Board requires a four-fifths majority vote. He explained
that there are no longer issues that are City oriented and County oriented, they are OUA
oriented and the majority vote could paralyze the Board in the future.
Mayor Krk stated that that was his idea of the four-fifths majority vote and in his opinion
had it not been in there the agreement would not have been passed and he was not in
favor of changing the second request. Council Member Watford stated he was in
agreement with Mayor Kirk.
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280
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G. NEW BUSINESS
4. Consider a request to amend the Okeechobee Utility
Authority Interlocal Agreement - Mr. Tom Conely
(Exhibit 5).
Motion adopt Resolution No. 96-5 - City
Administrator (Exhibit 6).
NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 14 OF 22
Following discussion, Mayor Kirk suggested that Attorney Conely let the new board
members get appointed to the Board and serve for three to six months, he could ask the
OUA board again if they still wanted the four-fifths majority vote changed and if they did
the Council would reconsider it at that time.
Council Member Watford moved to approve the first amendment to interlocal agreement
creating the Okeechobee Utility Authority between Okeechobee County and the City of
Okeechobee, amending section 7.3 to state September 1 st is the deadline to adopt a
tentative budget; seconded by Council Member O'Connor.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
Council Member Oliver moved adopt proposed Resolution No. 96-5 concerning the
police car leasing program, (this resolution corrects Resolution No. 96-4 as requested
by SunTrust); seconded by Council Member Chandler.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD - Abstained
MOTION CARRIED.
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