0724 Correcting Scrivener's ErrorsORDINANCE NO. 724
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
AMENDING ORDINANCE 692, PARTICULARLY SECTION 3(1)(d),
SECTION 3(1)(f), AND SECTION 3(1)(g) THEREOF TO CORRECT
SCRIVENER'S ERRORS IN ORDINANCE; PROVIDING CORRECTIVE
LEGAL DESCRIPTIONS; PERMITTING REVISION TO FUTURE LAND
USE MAP ACCORDINGLY, PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS the City Council of the City of Okeechobee, Florida makes the following
findings of fact: that the City has heretofore adopted ordinance no. 692 on August 20, 1996,
which ordinance revised the Future Land Use Map (FLUM) of the City of Okeechobee for
several parcels of property within the City; and
WHEREAS Florida Statutes Chapter 163 requires that the legal description of the
properties subject to the revisions to the FLUM be contained in the ordinance; together with
certain other statutory requirements; and
WHEREAS in said ordinance 692, in Section 3(1)(d) thereof contains a scrivener's error
by containing an incomplete legal description of application 96 -CI -004, which purports to change
the future land use from single family to multi family on Lots 7 8 Block 89, Okeechobee, per
the Plat at Book 5, Page 5, Public Records Okeechobee County, Florida, when the correct legal
description was Lots 1 -12, Block 89, Plat Book 5, Page 5, Public Records of Okeechobee
County, Florida; and
WHEREAS in said Ordinance 692, in Section 3(1)(f) thereof contains a scrivener's error
by containing an incorrect legal description of application 96 -CI -006, which purports to change
the future land use from single family to multi family on Lots 1 -26, Blocks 28 and 39, City of
Okeechobee, per the Plat at Book 5, Page 5, Public Records Okeechobee County, Florida, when
the correct legal description was Lots 1 -10 inclusive, Lots 17 -26 inclusive, Block 28, Plat Book
5, Page 5, Public Records of Okeechobee County, Florida; and
WHEREAS in said Ordinance 692, in Section 3(1)(g) thereof contains a scrivener's error
by containing an incomplete legal description of application 96 -CI -007, which purports to change
the future land use from single family to industrial on Lots 1 -26, Blocks 28 and 39, City of
Okeechobee, per the Plat at Book 5, Page 5, public records Okeechobee County, Florida, when
the correct legal description was Lots 1 -10 inclusive, Lots 17 -26 inclusive, Block 39, Plat Book
5, Page 5, Public Records of Okeechobee County, Florida; and
WHEREAS the public notice of these land use changes for applications 96 -CI -004, 96 -CI-
006, and 96 -CI -007 which was published in The Okeechobee News on August 13, 1996, a
newspaper of general distribution within the City of Okeechobee, prior to the adoption of said
Ordinance 692 did contain the correct legal descriptions of the applications, and thus the public
was granted proper notice of the proposed land use changes prior to the public hearing and
ordinance adoption procedure;
that:
Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida
SECTION I. SHORT TITLE
THIS ORDINANCE shall be designated as an ordinance amending and correcting
Ordinance 692 pursuant to the provisions of F.S. Chapter 163 and 166, and shall be effective
within the City of Okeechobee, Florida as provided herein.
SECTION II. REVISIONS TO ORDINANCE 692 THE FUTURE LAND USE MAP
THAT Section 3(1)(d), Section 3(1)(f), and Section 3(1)(g) of Ordinance 692 are hereby
rescinded in their entirety, and replace by the following language:
Page 1 of 2
d. Application 96 -CI -004, from Single Family to Multi-family: Lots 1
through 12, Block 89, Okeechobee, Florida, according to the plat thereof
recorded in Plat Book 5, page 5 of the Public Records of Okeechobee
County, Florida.
f. Application No. 96 -CI -006, from Single Family to Multi family: Lots 1-
10, inclusive and Lots 17 -26 inclusive, Block 28, City of Okeechobee,
according to the Plat thereof, recorded in Plat Book 5, Page 5, Public
Records, Okeechobee County, Florida.
g.
Application No. 96 -CI -007, from Single Family to Industrial: Lots 1 -10
inclusive and Lots 17 -26 inclusive, Block 39, City of Okeechobee,
according to the Plat thereof, recorded in Plat Book 5, Page 5, Public
Records, Okeechobee County, Florida.
SECTION III. INCLUSION OF ORDINANCE AND AMENDMENT REVISING FUTURE LAND
USE MAP IN THE COMPREHENSIVE PLAN
It is the intention of the City Council of the City of Okeechobee, Florida, and it is hereby
provided, that the provisions of this ordinance, and the revision to the Future Land Use Map
more particularly described as "Future Land Use: 2000 City of Okeechobee, Florida, March 19,
1991, as amended December 6, 1994 which is incorporated herein by reference, shall become
and made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance
No. 635, as amended).
SECTION IV. SEVERABILITY
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and
portions of this ordinance shall remain in full force and effect.
SECTION V. EFFECTIVE DATE
The effective date for the enactment of this ordinance shall be 31 days after the adoption
of the ordinance.
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ATTEST:
14troduced for first reading and set for public hearing on the 8th day of December, 1998.
CIii.
Bonnie SI Thomas, CMC, City Clerk
Adopted faftesf second reading and public hearing on the 5t9 4ayof January, 1999.
Bonnie S. Thomas, CMC, City Clerk
Approved as to legal sufficiency:
1 4 1
John R. Cook, City Attorney
Page 2 of 2
s E. Kirk, Mayor
E. Kirk, ftayor