0489 Annexation of PropertyBOUK 256 Pir- 99~
ORDINANCE NO. 489
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF OKEECHOBEE, FLORIDA; ACCEPTING PETITIONS FOR VOLUNTARY
ANNEXATION OF CERTAIN PARCELS OF LAND IN THE UNINCOR-
PORATED AREA OF OKEECHOBEE COUNTY FLORIDA CONTIGUOUS TO
THE PRESENT BOUNDARIES OF THE CITY OF OKEECHOBEE; PROVID-
ING FOR THE REDEFINING OF THE MUNICIPAL BOUNDARIES TO
INCLUDE SAID PARCELS; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE .
WHEREAS, the owners of real property in an unincorporated area of Okeechobee County
have petitioned the City Council for annexation of said property; and
WHEREAS, said property is contiguous to the boundary lines of the City of Okeechobee
and reasonably compact; and
WHEREAS, the City Council of the City of Okeechobee wishes to accede to the request
of the owners of said real property for becoming a part of the municipality of Okeechobee
and
WHEREAS, Florida Statutes, Chapter 171.044 provides the means for voluntary annexa-
tion of real property contiguous to a municipality and reasonably compact;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORID
AS FOLLOWS:
SECTION I: In accordance with Chapter 171.044, Florida Statutes, the City Council has
ascertained a petition for annexation of real property adjacent to Okeechobee City
municipal boundaries bears the signature of all owners of the property in the area pro-
posed to be annexed and upon adoption of this ordinance said boundary lines of the
municipality shall be redefined to include said property described as follows:
Lot 6 and the south half of Lot 5, Block 44
Lots 14, 15 and 16, Block 45
Lots 14, 15 and 16, Block 52
Lots I1, 12 and 13, Block 52
Lots 1 thru 6, Block 53
Lots 1 thru 6, Block 68
Lots 11 thru 16, Block 69
Lots 11 thru 16, Block 76
Lots 1 thru 6, Block 77
All in Conner's Highlands, as recorded in Plat Book 1, Page 21, official record,
of Okeechobee County.
SECTION II: This ordinance shall take effect as provided by law.
Introduced on first reading and set for public hearing this 29th day of June 1983
Mayor
ATTEST :
City Clerk
Introduced and passed on second and final reading this lstday of August 198,3.
n
• ~0 Mayor
ATTEST:
s i w~ s i ~n~ €ss~ L S~~~ 1
r ni~iltl J~ QH333Ha
City Clerk ZQ a 03113
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR OKEECHOBEE
• COUNTY
CASE NO. 2 '5
CITY OF OKEECHOBEE, FLORIDA, a DIVISION:
municipal corporation of the State of
Florida,
Plaintiff,
Vs.
STATE OF FLORIDA and the Tax- RE: Validation of not exceeding $3,212,900
payers, Property Owners and Citizens Water and Sewer Revenue Bonds,
of the City of Okeechobee, including Series 1983
non-residents owning property or sub-
ject to taxation therein, et al.,
Defendants.
COMPLAINT
TO THE HONORABLE JUDGES OF THE ABOVE STYLED COURT:
Comes now the City of Okeechobee, Florida, and brings this its Complaint
against the State of Florida and the property owners, taxpayers and citizens of the City of
Okeechobee, Florida, including non-residents owning property or subject to taxation
therein, and all others having or claiming any right, title or interest in property to be
affected by the issuance by the City of Okeechobee, Florida of not exceeding $3,212,900
Water and Sewer Revenue Bonds, Series 1983, hereinafter described, or to be affected in
any way thereby, and respectfully shows and represents unto the Court as follows:
1. The City of Okeechobee, Florida (hereinafter called "Plaintiff") is ti
municipal corporation, existing under and by virtue of the laws of the State of Florida.
2. Authority is conferred upon Plaintiff, under and by virtue of the laws of
said State, particularly Chapter 8318, Laws of Florida, Special Acts of 1919, as amended
and supplemented, Chapter 166, Part III, Florida Statutes, and other applicable provisions
of law, and Section 3.04(K) of Ordinance No. 356, duly enacted by Plaintiff on February
22, 1972 as amended and supplemented (hereinafter collectively called the "Act"), to issue
revenue obligations to finance the acquisition and construction of extensions and
improvements to Plaintiff's water and sewer system, (the "System"), as more particularly
described in plans and specifications on file with Plaintiff (hereinafter called "Project"),
• and the cost of refunding Plaintiff's outstanding Water and Sewer Revenue Bonds, dated
July 1, 1958 (the "Refunded Bonds").
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3. Pursuant to the Act, Plaintiff did on June 20, 1983, duly enact an
• ordinance, (hereinafter called the "Ordinance"), providing for the issuance of not
exceeding $3,212,900 Water and Sewer Revenue Bonds, Series 1983 (hereinafter called the
"Bonds"), for the purpose of financing the cost of the Project and refunding the Refunded
Bonds. A certified copy of the Ordinance is hereto attached as Exhibit "A" and made a
part hereof. The Ordinance, inter alia, amends part of Ordinance No. 356, duly enacted
by the City Council of Plaintiff on February 22, 1972 (the "Original Ordinance"), a
certified copy of which is attached hereto as Exhibit "B" and made a part hereof.
4. The Ordinance provides for the issuance of the Bonds to be in such
denominations, to be dated, to bear interest at a rate or rates not exceeding the maximum
rate fixed by the Act or by other applicable law, payable annually or semiannually, on
January 1, and, if semiannually, on July 1, of each year, and to mature on January 1 in
such years and amounts, all as shall be determined by resolution of Plaintiff adopted prior
to the delivery thereof. The Ordinance fixes the form and other details of the Bonds,
provides for the manner of issuance thereof and further provides that such Bonds shall be
payable solely from and secured by a lien upon and pledge of (1) the net revenues derived
from the operation of the System, (2) the proceeds derived by Plaintiff from its public
service tax levied and collected pursuant to Ordinance No. 216, duly enacted by Plaintiff
on October 8, 1945, as amended or supplemented from time to time, on every purchase of
electricity, bottled gas (natural or manufactured), and local telephone service within the
corporate limits of Plaintiff (the "Public Service Tax"), (3) the amounts due and payable to
Plaintiff under franchises granted by Plaintiff, more particularly described in the
Ordinance, as such franchises may be renewed or extended from time to time (the
"Franchise Revenues"), and (4) the revenue sharing trust funds received by Plaintiff
pursuant to Chapter 218, Part II, Florida Statutes, as amended (the "Guaranteed
Entitlement Funds") (such Net Revenues, Public Service Tax, Franchise Revenues and
Guaranteed Entitlement Funds hereinafter collectively called the "Pledged Funds") all in
the manner provided in the Ordinance, on a parity with the Plaintiff's outstanding Water
and Sewer Revenue Bonds, Series 1972, in the manner provided in the Ordinance.
Certified copies of the ordinances pursuant to which the Public Service Tax is levied and
collected and pursuant to which the Plaintiff receives Franchise Revenues are attached
hereto as composite Exhibit "C" and made a part hereof.
5. The Ordinance provides that the Bonds shall not be or constitute a general
' indebtedness of Plaintiff within the meaning of any constitutional or statutory provisions,
LKL 6/22/83-151 -2-
but shall be payable solely from the Pledged Funds, all as more particularly provided in
• the Ordinance attached hereto as Exhibit "A". Such Ordinance further provides that no ad
valorem taxes shall be required to be levied for the payment of the principal of or interest
on such Bonds, but that such principal and interest shall be payable only from the Pledged
Funds mentioned above.
6. It is estimated that the Pledged Funds described above will be sufficient
for the payment of the principal of and interest on the Bonds and to make all other
payments provided for in the Ordinance.
WHEREFORE, Plaintiff prays that this Court will enter its order in the form
of a notice directed against the State of Florida and against the several property owners,
taxpayers and citizens of the City of Okeechobee, Florida, including non-residents owning
property or subject to taxation therein, and all others having or claiming any right, title
or interest in property to be affected by the issuance of the Bonds or to be affected in any
way thereby, requiring all such persons and the State of Florida, through its State
Attorney for the Nineteenth Judicial Circuit in and for Okeechobee County, Florida, to
appear at a time and place within the circuit to be designated by such order and to show
cause why the prayer of this Complaint should not be granted, and the proceedings and the
Bonds validated as herein prayed. Plaintiff further prays that upon the final hearing of
this cause, a final judgment of the Court may be entered validating the Bonds.
orney or laintiff
David M. Conlon, Esquire
Conlon & Tooker
180 N.W. Third Avenue
P.O. Box 1 605
Okeechobee, Florida 33472
(813) 763-5555
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