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0710 Voluntary Annexation of Hendry Propertypa4.00 dopy ORDINANCE No. 710 AN ORDINANCE OF THE CITY' OF OKEECHOBEE, FLORIDA PROVIDING FOR THE VOLUNTARY ANNEXATION BY THE CITY OF OKEECHOBEE OF THE ETTA MERLE HENDRY ANNEXATION PARCEL BEING GENERALLY A PARCEL OF LAND APPROXIMATELY 27.14 ACRES, ON THE EAST SIDE OF STATE ROAD 15 (US 441), AND BEING IN SECTIONS 27 AND 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; UPON THE PETITION OF THE OWNER(S) THEREOF; DECLARING THAT THE VOLUNTARY PETITION FOR ANNEXATION FILED PURSUANT TO FLORIDA STATUTES 171.044 BEARS THE SIGNATURE OF THE OWNER(S) OF THE PROPERTY TO BE ANNEXED AND THAT SUCH APPLICATION COMPLIES WITH ALL REQUIREMENTS OF CHAPTER 171, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. °110403 PAGEI 64‘ WHEREAS, the City Council of the City of Okeechobee, Florida has received a petition from the owner of the real property hereinafter described, that said real property be annexed into the City of Okeechobee, Florida pursuant to the provisions of § 171.044, Florida Statutes; and WHEREAS, it is the opinion of the City Council that it is in the best interest of the City that said real property be annexed into the City. that: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida SECTION 1. The real property consisting of approximately 27.14 acres and described as being located on the east side of State Road 15 (U. S. 441), and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida, more particularly described in "Exhibit A," attached hereto and made a part hereof by reference, being the real property for which the voluntary annexation petition was filed for annexation pursuant to §171.044, Florida Statutes, be and the same is hereby annexed into the City of Okeechobee, Florida. A map depicting the real property annexed hereby is attached hereto and incorporated herein by reference as "Exhibit B." SECTION 2. The City Council hereby finds that the written petition for voluntary annexation filed with the City bears the signature of all owner(s) of the real property to be annexed into the City of Okeechobee, Florida and that all requirements of Chapter 171, Florida Statutes regarding such annexation have been met. SECTION 3. The City Clerk shall: 1. Within seven (7) days after the adoption of this ordinance, file a copy of this'ordinance with the Clerk of the Circuit Court in and for Okeechobee County, Florida and with the County Administrator of Okeechobee County, Florida; and 2. Within thirty (30) days of the adoption of this ordinance, cause the "Boundary Article" of the City Charter of the City of Okeechobee, Florida, being "Appendix A" to said City Charter, to be revised in accordance with the aforesaid annexation, and to cause a copy of such revision to be filed with the State of Florida Department of State. PAGE 1 OF 5 SECTION 4. SECTION 5. 3P 0403 PAGE IE All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. 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 6. This Ordinance shall take effect immediately upon its passage. W•M1'�Y 'Intrpciuped for first reading and set for final public hearing on this 3rd day of March, 1998. ATTEST:'- Bonnie S. Thomas, CMC, City Clerk 1998, assed and adopted after second reading and final public hearing this 17th day of March, ATTES Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUF'EICIENCY: John R. Cook, i y Attorney PAGE 2 OF 5 8K0403P1 6E!629 ORDINANCE NO. 710 "EXHIBIT A" ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTIONS 27 AND 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AS SHOWN ON THE ORIGINAL GOVERNMENT LAND OFFICE (G.L.O.) TOWNSHIP PLAT AND AS APPROVED BY THE SURVEYOR GENERAL ON SEPTEMBER 29, 1903. ALL OF WHICH IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO- WIT: COMMENCING FOR REFERENCE AT A FOUND Vs" IRON ROD WITH CAP (STAMPED "PLS 3372 ") AT THE EAST % SECTION CORNER OF SAID SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE, BEARING SOUTH EIGHTY -NINE DEGREES THIRTY MINUTES ZERO -FIVE SECONDS WEST (S89 °30'05 "W) ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, A DISTANCE OF TWO HUNDRED NINETY -SEVEN AND ZERO -FOUR HUNDREDTHS FEET (297.04') TO SET Van IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179) AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUING ALONG SAME, BEARING SOUTH EIGHTY -NINE DEGREES THIRTY MINUTES ZERO -FIVE SECONDS WEST (S89 °30'05 "W) A DISTANCE OF SIXTY -TWO AND TWENTY -NINE HUNDREDTHS FEET (62.29') TO A SET P.K. NAIL AND DISK (STAMPED LB 6221) ON THE EAST RIGHT OF WAY LINE OF U.S. 441, ALSO KNOWN AS STATE ROAD 15 AND PARROTT AVENUE (100' WIDE RIGHT OF WAY); THENCE, LEAVING THE SOUTH LINE OF THE NORTHEAST % OF SECTION 28, BEARING NORTH ZERO DEGREES TEN MINUTES TWENTY -THREE SECONDS WEST (N00 ° 10'23 "W) ALONG SAID EAST RIGHT OF WAY LINE OF US 441, A DISTANCE OF TWO HUNDRED FORTY -TWO AND ZERO HUNDREDTHS FEET (242.00') TO THE SOUTH LINE OF BLOCK 51 FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17, OKEECHOBEE COUNTY, FLORIDA; THENCE, LEAVING THE EAST RIGHT OF WAY LINE OF U.S. 441, BEARING NORTH EIGHTY -NINE DEGREES THIRTY MINUTES ZERO -FIVE SECONDS EAST (N89 °30'05 "E) ALONG SAID SOUTH LINE OF BLOCK 51, A DISTANCE OF THREE HUNDRED FIFTY -NINE AND FIFTY -SIX HUNDREDTHS FEET (359.56') TO A SET %/s" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179) ON THE EAST LINE OF SAID SECTION 28; THENCE, LEAVING THE SOUTH LINE OF BLOCK 51, BEARING NORTH ZERO DEGREES ZERO -SEVEN MINUTES TWELVE SECONDS WEST (N00 °07'12 "W) ALONG SAID EAST LINE OF SECTION 28 AND ALONG THE EAST LINE OF SAID BLOCK 51, A DISTANCE OF 1VVO HUNDRED NINETY -FIVE AND NINETY -THREE HUNDREDTHS FEET (295.93') TO A SET /s" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, LEAVING THE EAST LINE OF SECTION 28 AND THE EAST LINE OF BLOCK 51, BEARING NORTH EIGHTY - NINE DEGREES EIGHTEEN MINUTES FORTY SECONDS EAST (N89 °18'40 "E) A DISTANCE OF FOUR HUNDRED EIGHTY -THREE AND THIRTY -SIX HUNDREDTHS FEET (483.36') TO A SET Vs" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING NORTH ZERO DEGREES TEN MINUTES TWENTY -THREE SECONDS WEST (N00° 10'23 "W) A DISTANCE OF ONE HUNDRED TWENTY -ONE AND EIGHTY -TWO HUNDREDTHS FEET (121.82'), TO A SET 7/s" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING NORTH EIGHTY -NINE DEGREES EIGHTEEN MINUTES FORTY SECONDS EAST (N89 °18'40 "E) ALONG THE NORTH LINE OF SOUTH �/z OF THE SOUTHWEST% OF THE NORTHWEST % OF SAID SECTION 27 A DISTANCE OF FIVE HUNDRED TWENTY -EIGHT AND FORTY -SEVEN HUNDREDTHS FEET (528.47') TO A SET T/e" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING SOUTH ZERO DEGREES TEN MINUTES TWENTY -THREE SECONDS EAST (S00 °10'23 "E) ALONG A LINE ONE THOUSAND FOUR HUNDRED TWENTY -ONE AND SIXTY -ONE HUNDREDTHS FEET (1421.61') EAST OF AND PARALLEL WITH THE CENTERLINE OF THE AFORESAID U.S. 441, A DISTANCE OF SEVEN HUNDRED THIRTY AND ZERO HUNDREDTHS FEET (730.00') TO A SET 7 /s" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING SOUTH EIGHTY -NINE DEGREES EIGHTEEN MINUTES FORTY SECONDS WEST (S89 ° 18'40 "W) A DISTANCE OF TWO HUNDRED EIGHTY -FIVE AND FORTY -ONE HUNDREDTHS FEET (285.41') TO A SET pis" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING SOUTH EIGHTEEN DEGREES TWENTY -NINE MINUTES FORTY -THREE SECONDS EAST (S18 °29'43 "E) A DISTANCE OF TWO HUNDRED THIRTY -FOUR AND FIFTY SIX HUNDREDTHS FEET (234.56') TO A SET Vs" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING SOUTH ZERO DEGREES TEN MINUTES TWENTY -THREE SECONDS EAST (S00° 10'23 "E) A PAGE 3 OF 5 80403 PAGE 630 DISTANCE OF ONE HUNDRED SEVENTY -THREE AND SEVENTY -TWO HUNDREDTHS FEET (173.72') TO A SET 4 "X4" CONCRETE MONUMENT WITH ALUMINUM ALLOW CAP (STAMPED M.F. LENZ CO. LB 6221)' THENCE, BEARING SOUTH EIGHTY -NINE DEGREES EIGHTEEN MINUTES TWENTY -EIGHT SECONDS WEST (S89 °18'28 "W) ALONG THE NORTH LINE OF LANDS OF CITY MARKETS BUILDING, INC. AS RECORDED IN OFFICIAL RECORDS BOOK (O.R.B.) 205, PAGE 285 AND OFFICIAL RECORDS BOOK 201, PAGE 73, A DISTANCE OF ONE THOUSAND TWENTY -ONE AND SEVENTY -SIX HUNDREDTHS FEET (1021.76') TO A SET Van IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179), AT THE SOUTHEAST CORNER OF THOSE LANDS OF LOUIS R. DEMICCO AS RECORDED IN OFFICIAL RECORDS BOOK 200, PAGE 893 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE, LEAVING THE NORTH LINE OF LANDS OF CITY MARKETS BUILDING, INC., BEARING NORTH ZERO DEGREES ZERO -SEVEN MINUTES TWELVE SECONDS WEST (N00 °07'12 "W) ALONG THE EASTERLY LINE OF THOSE LANDS OF LOUIS R. DEMICCO, A DISTANCE OF FOUR HUNDRED TWENTY -FOUR AND FORTY HUNDREDTHS FEET (424.40')To A SET %" IRON ROD WIT l ALUMINUM ALLOYYCAP (STAMPED ECD PLS 5179); •• 4 THENCE, CONTINUING ALONG THE LANDS OF LOUIS R. DEMICCO, BEARING SOUTH EIGHTY -NINE DEGREES THIRTY MINUTES ZERO -FIVE SECONDS WEST (S89 °30'05 "W) A DISTANCE OF THIRTY -FIVE AND ZERO HUNDREDTHS FEET (35.00') TO A SET Ye" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, CONTINUING ALONG THE LANDS OF LOUIS R. DEMICCO, BEARING NORTH FORTY -THREE DEGREES FORTY -FOUR MINUTES TWENTY -THREE SECONDS WEST (N43 °44'23 "W) A DISTANCE OF FIFTY -NINE AND NINETY -EIGHT HUNDREDTHS FEET (59.98') TO THE POINT AND PLACE OF BEGINNING; THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF ONE MILLION ONE HUNDRED EIGHTY -TWO THOUSAND TWO HUNDRED NINETY -EIGHT AND NINETY HUNDREDTHS (1,182,298.90) SQUARE FEET OR TWENTY -SEVEN AND FOURTEEN HUNDREDTHS (27.14) ACRES. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PAGE 4 OF 5 ORDINANCE NO. 710 "EXHIBIT B" [10403 PAH 1 63. PROPOSED SITE TO BE ANNEXED 306945 FILED FOR RECORD OKEICHOBFE co. L. 98 MAR 23 AM 9: 59 SHARM! CbET CLERK OF CIRCUIT COUNT PAGE 5 OF 5 PRE - ANNEXATION AGREEMENT This Pre - Annexation Agreement ( "Agreement ") is made and entered into th • ay of , 1996 between and among the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ( "City "), WAL -MART STORES, INC., a Delaware corporation ( "Wal- Mart") and ETTA MERLE HENDRY, as Trustee of the Etta Merle Hendry Revocable Trust Agreement dated December 5, 1994 ( "Owner "). WITNESSETH: WHEREAS, Owner owns certain unimproved real property which is located in unincorporated Okeechobee County, Florida ('`County ") which is designated Commercial on the County's Land Use Plan and is legally described on Exhibit A attached hereto and made a part 1,ereof ( "Property "); and WHEREAS, the City desires to annex the Property into its municipal boundaries and will promptly initiate the process required by law to enact an ordinance adopting a petition for voluntary annexation of the Property into the City, pursuant to Section 171.044(2), Florida Statutes ( "Annexation "); and WHEREAS, Wal -Mart has entered into a Purchase Contract with Owner to purchase a site which includes property inside the municipal boundaries of the City as well as the Property and Wal- Mart desires to construct SuperCenter No. 814 and all site improvements and signage related thereto (`'Store ") on the site; and WHEREAS, in order to avoid having to obtain two (2) separate approvals from the City and the County, Wal -Mart desires the City to annex the Property into its municipal boundaries; and FTL:189232:4 1 WHEREAS, as an inducement to Owner and Wal -Mart to voluntarily petition and support the Annexation, the City has made certain representations to Owner and Wal -Mart regarding the approval of the Store on the Property. all as more fully described herein; and WHEREAS, the City has reviewed certain plans and specifications related to the construction of the Store on the Property; and WHEREAS, the City is willing to enter into this Agreement pursuant to the authority of the Florida Constitution (including Article VIII, Section 2(b) and (m) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 166, Florida Statutes), and the City's Charter. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference. Any exhibits to this Agreement are hereby deemed a part hereof. 2 Owner represents and warrants to the City that Owner is the sole owner of all legal and equitable interest in the Property. Wal -Mart represents and warrants to the City that it is the contract purchaser of all legal and equitable interest in the Property. In accordance with the provisions hereof and subject thereto, Owner and Wal -Mart agree to support and cooperate with City's efforts to annex the Property into the City. City agrees that the Annexation is expressly contingent upon the conveyance of the Property to Wal -Mart and written notice from the City of its approval of the site plan, signage plan and its intention to issue a building permit for the construction of the Store, notwithstanding that FTL:189232:4 7 certain terms and conditions contained herein shall take place prior to the conveyance of the Property to Wal -Mart and prior to the Annexation; and that if for whatever reason, the conveyance does not take place, then this Agreement shall have no force and effect and the Annexation shall not occur. 4. The City agrees that the use of the Property for the Store, is an appropriate use of the Property, in that the portion of the Property presently within the City limits of Okeechobee is currently zoned Commercial and designated as Commercial on the Future Land Use Map and the Property presently within unincorporated Okeechobee County is zoned Commercial and designated as Commercial on the County's Future Land Use Map. 5. Upon annexation of the Property, the City shall, as expeditiously as possible, amend the City's Comprehensive Plan and Map to include this Property as Commercial and shall rezone the Property to the Commercial Zoning District which shall permit the Store contemplated by Wal- Mart. 6. City agrees that immediately following the approval of this Agreement by the City Council, the City shall concurrently and expeditiously process and review all plans and permits in accordance with the requirements of Appendix A to Chapter 19 (City Zoning Ordinance No. 402) as necessary for the approval of the site plan, signage plan and issuance of a building permit for the development of the Store. The City acknowledges that a copy of Wal -Mart's corporate design criteria for the Store has been reviewed by the City prior to this Agreement, and such design is acceptable to the City. 7. The City shall cooperate fully with Wal -Mart in obtaining any and all permits, inspections, and approvals for the Store, including, but not limited to, prompt issuance of the FTL:189232:4 3 building permit, timely inspections, and the prompt issuance of certificates of completion and occupancy for the Store. 8. This Pre - Annexation Agreement shall constitute a petition for annexation into the City subject to the terms and conditions of this Agreement. Upon execution of this Agreement by the parties hereto, the City shall immediately commence all actions necessary to fulfill its obligations hereunder and acknowledges that time is of the essence. Upon conveyance of the Property to Wal- Mart, and written notice by the City of its approval of the site plan, signage plan and its intent to issue a building permit for the Store, the City shall promptly annex by ordinance, pursuant to the requirements of Section 171.044(2), Florida Statutes, the Property into its municipal boundaries. Upon annexation, the City shall immediately issue the building permit to commence construction of the Store. 9. This Agreement sets forth all of the promises, covenants, agreements. conditions and understandings among the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 10. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, as the identify of the party or parties, personal representatives, successors or assigns may require. 11. City acknowledges that Owner and Wal -Mart are relying upon City's representations as to its authority to enter into and perform its obligations under this Agreement, and that the City has complied with all procedural and substantive conditions precedent to doing so. FTL:189232:4 4 12. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement. 13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall together constitute one and the same instrument. 14. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Okeechobee County, Florida. 15. The obligations imposed pursuant to this Agreement shall run with and bind the Property as covenants running with the Property and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and assigns, and a copy of this Agreement, at the option of Wal -Mart subsequent to the conveyance of the Property to Wal -Mart, may be recorded amongst the Public Records of Okeechobee County, Florida. 16. City agrees that, pursuant to the terms and conditions contained herein, Wal -Mart shall have vested rights for the construction the Store upon written notice from the City of its approval of the site plan, signage plan and its intent to issue a building permit for the Store. FTL:189232:4 5 [PRE- ANNEXATION AGREEMENT /CITY /WAL- MART /OWNER] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written above. City Clerk FTL:189232:4 6 CITY e OK ECHOBEE, FLORIDA By: , Mayor [PRE - ANNEXATION AGREEMENT /CITY /WAL- MART /OWNER] WITNESSES: Print Name STATE OF L�K1= }tasi-) ) ) SS: COUNTY OF ?■-1Z)) ) WAL -MART STORES,INC a elaware corporation I HEREBY CERTIFY that on this day before me, a Notary Public duly authorized in the State and County named above to take acknowledgments, personally appeared A ((_c;l)._.c k -,r,.. , to me known to be the person described as the ', , -'s-k O -p of WaY-Mart Stores, Inc., a Delaware corporation, who signed the foregoing instrument as such person, and acknowledged the execution thereof to be his/her free act and deed as such person for the uses and purposes therein mentioned, and he /she affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the State and County last aforesaid this( day of „U, , 1996. FTL:189232:4 y o J i r,r.t:L > (SEAL) Notary Public 1 U State of At at Large My Commission Expires: =2, /17 : c 0 3 7 [PRE-ANNEXATION AGREEMENT/CITY/WAL-MART/OWNER] ( ce ( tre Print Name a /3 & 6 A ctifi , / A ; Print Name y , STATE OF FLORIDA ) SS: COUNTY OF (-) ETTA MERLE HENDRY, as Trustee of the Etta Merle Hendry Revocable Trust Agreement Dated December 5, 1994 • Etta Merle Hendry I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ETTA MERLE HENDRY, as Trustee of the Etta Merle Hendry Revocable Trust Agreement Dated December 5, 1994, who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of t..t et r 1996. 1'4 My Commission Expires: FTL:189232,4 -, Notary Public e-) ,4\2 S (r 12 I,- Typed, printed or stamped name of Notary Public WW/Y.MllIAW.),M)1.11.)1M1/Iiiirni.),W,Will . "OFFICIAL NOTARY SEAL" . ' WANDA S. CLARK Notary Public. State of Florida i<( ms,.Cclmoninutiks,inonN.,Cc...6.,(11,471197 (< Hooded Through 114. Notary STryC'•<-&-Ii• waling Co . < • i -W10-3-NOTARY ettcwwwwwwwwwwwwwaccae 8 LEGAL DESCRIPTION: EXHIBIT "A" (BY SURVEYOR) ALL THAT CERTAIN PIECE. PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTIONS 27 AND 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, ALL OF WHICH IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO- W T: BEGINNING AT A FOUND 5/8' IRON ROD WITH CAP (STAMPED 'PLS 3372') AT THE EAST 1/4 SECTION CORNER OF SAID SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE, BEARING NORTH ZERO DEGREES ZERO -SEVEN MINUTES TWELVE SECONDS WEST (1400' 07' 12'W) ALONG THE EAST UNE OF SECTION 28 -37 -35 A DISTANCE OF FIVE HUNDRED THIRTY -SEVEN AND NINETY -THREE HUNDREDTHS FEET (537.93') TO A SET 7/8' IRON R00 WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, LEAVING SAID EAST UNE OF SECTION 28, BEARING NORTH EIGHTY -NINE DEGREES EIGHTEEN MINUTES FORTY SECONDS. EAST (N89' 18' 40'E), A DISTANCE OF FOUR HUNDRED EIGHTY -THREE AND THIRTY -SIX HUNDREDTHS FEET (483.36') TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING NORTH ZERO DEGREES TEN MINUTES TWENTY -THREE SECONDS WEST (N00' 10' 23'W) A DISTANCE OF ONE HUNDRED TWENTY -ONE AND EIGHTY -TWO HUNDREDTHS FEET (121.82), TO A SET 7/8' IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED LCD PLS 5179); THENCE, BEARING NORTH EIGHTY -NINE DEGREES EIGHTEEN MINUTES FORTY SECONDS EAST (N89' 18' 40'E ) ALONG THE NORTH UNE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 27, A DISTANCE OF FIVE HUNDRED TWENTY -EIGHT AND FORTY -SEVEN HUNDREDTHS FEET (528.47') TO A SET 7/8' IRON R00 WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING SOUTH ZERO DEGREES TEN MINUTES TWENTY -THREE SECONDS EAST (SOO' 10' 23'E), A DISTANCE OF SEVEN HUNDRED THIRTY AND ZERO HUNDREDTHS FEET (730.00') TO A SET 7/8 IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING SOUTH EIGHTY -NINE DECREES EIGHTEEN MINUTES FORTY SECONDS WEST (S89' 18' 40'W) A DISTANCE OF TWO HUNDRED EIGHTY -FIVE AND FORTY -ONE HUNDREDTHS FEET (285.41') TO A SET 7/8' IRON R00 WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, BEARING SOUTH OGHTEEN DEGREES TWENTY -NINE MINUTES FORTY -THREE SECONDS EAST S18' 29' 43'E) A DISTANCE OF TWO HUNDRED THIRTY -FOUR AND FIFTY -SIX HUNDREDTHS FEET (234.56') TO A SET 7/8' IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED LCD PLS 5179); I SEC, 27 & 28. TWP. 37S. RNG. 35E THENCE, BEARING SOUTH ZERO DEGREES TEN MINUTES TWENTY -THREE SECONDS EAST (S00' 10' 23'E) A DISTANCE OF ONE HUNDRED SEVENTY -THREE AND SEVENTY -TWO HUNDREDTHS FEET (173.72') TO A SET 4' X 4' CONCRETE MONUMENT WITH ALUMINUM ALLOY CAP (STAMPED H.F.LENZ Co. LB 6221); THENCE, BEARING SOUTH EIGHTY -NINE DEGREES EIGHTEEN MINUTES TWENTY -EIGHT SECONDS WEST (589' 18' 28'W) ALONG THE NORTH LINE OF LANDS OF CITY MARKETS BUILDING, INC. AS RECORDED IN OFFICIAL RECORDS BOOK (0.R.B.) 205, PAGE 285 AND OFFICIAL RECORDS BOOK 201, PAGE 73, A DISTANCE OF ONE THOUSAND TWENTY -ONE AND SEVENTY -SIX HUNDREDTHS FEET (1021.76') TO A SET 7/8' IRON R00 W1TH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179), AT THE SOUTHEAST CORNER OF THOSE LANDS OF LOUIS R. DEMICCO AS RECORDED IN OFFICIAL RECORDS BOOK 200, PAGE 893 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE, LEAVING THE NORTH UNE OF LANDS OF CITY MARKETS BUILDING, INC., BEARING NORTH ZERO DEGREES ZERO -SEVEN MINUTES TWELVE SECONDS WEST (1400' 07'12'W) ALONG THE EASTERLY UNE OF THOSE LANDS OF LOUIS R. DEMICCO, A DISTANCE OF FOUR HUNDRED TWENTY - FOUR AND FORTY HUNDREDTHS FEET (424.40') TO A SET 7/8' IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, CONTINUING ALONG THE LANDS OF LOUIS R. DEMICCO, BEARING SOUTH EIGHTY -NINE DEGREES THIRTY MINUTES ZERO -FIVE SECONDS WEST (S89' 30' 05'W) A DISTANCE OF THIRTY - FIVE AND ZERO HUNDREDTHS FEET (35.00') TO A SET 7/8' IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THENCE, CONTINUING ALONG THE LANDS OF LOUIS R. DEMICCO, BEARING NORTH FORTY -THREE DEGREES FORTY -FOUR MINUTES TWENTY -THREE SECONDS WEST (1443' 44' 23'W) A DISTANCE OF FIFTY -NINE AND NINETY -EIGHT HUNDREDTHS FEET (59.98') TO A SET 7/8' IRON R00 WITH ALUMINUM ALLOY CAP (STAMPED ECO PLS 5179); THENCE, BEARING NORTH EIGHTY -NINE DEGREES THIRTY MINUTES ZERO -FIVE SECONDS EAST (N89' 30' 05'E) ALONG THE SOUTH UNE OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, A DISTANCE OF TWO HUNDRED NINETY -SEVEN AND ZERO -FOUR HUNDREDTHS FEET (297.04) TO A SET 7/8' IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179) AND THE POINT AND PLACE OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONT —SIP AN AREA OF ONE MIWON NINETY -FIVE THOUSAND THREE HUNDRED EIGHT AND THIRTY -NINE HUNDREDTHS (1,095.308.39) SQUARE FEET OR TWENTY -FIVE AND FIFTEEN HUNDREDTHS (25.15) ACRES. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS, AS CONTAINED WITHIN THE CHAIN OF TITLE. • irtiet -liorl end Amozbie., Engineering PIa niv and EnWiarnentol Con sultants Sutte 400 601 21st Vero Beach, Street A, Inc. Florida 32960 Phone: 561- 562 -7981 Far 561 -562 -9689 g 01121g Qg Q li U 3 SUL VA MU7 ■G. 1 0( 1 01:'21 '3417631557 JEC v< ' 03: 30PM VAN MATRE LAW FIRM MEMORANDUM 9E OPTION PAGE 01 P.1 /c c <<400 PhCE 155 This Memorandum is entered into this11st day of December, 1997. This Memorandum evidences and relates to that certain Option to Purchase Real Estate entered into by and between Alex Sirum and Ramona Sirum, husband and wife ( "Optionor "), and Midwest Diversified Construction Corp. ("Optionce ") dated July 29, 1994, as amended by that certain First Amendment to Option to Purchase Real Estate by and between the Optionor and Optionee dated July 29, 1996 (said option and the first amendment being referred to herein collectively as the "Option "). The Option concerns certain real estate located at and commonly known as 2013 South Parrott, Okeechobee, Florida, 39474 -6182. Optionee previously assigned all of its right, title and interest in and to the Option to MWD/KGI Joint Venture ( "Optionee's Assignee "), which succeeded to all of the interests of Optionee under the Option. The Option expires by its terms;'tit 5:00 p.m. Eastern Time on December 31, 1997. However, Optionee's Assignee exercised the Option by written notice to Optionor dated December 29, 1997, and delivered by UPS Next Day Air delivery to Optionor on December 30, 1997, and by certified U.S. nail to Optionor postmarked on December 31, 1997. IN WITNESS WHEREOF, Optionce and Optionee's Assignee have executed this Memorandum on the date first written above. Midwest By: 13 MWD/T By: traction Corp. an Aston, Authorized Agent ton, Authorized Agent 0'3/09:'1994 01:21 9417631557 State of Florida ) County of p k E ECNo iee PAGE E12 r. 2 �� °cX 400 PACE 156 The foregoing instrument was acknowledged before zne this L day of December, 1997, by Bryan Aston, Authorized Agent of Midwest Diversified Construction Corp., on behalf of said corporation. He is personally known to me or has produced Fc a) (:# A.235-0 7r _ -.2")4 - o as identification a n d / d i d not take an oath, 4 . , O ' ' 7 _ a 1 riiiii NICIIOLE M. ARNOLD .. •, , MY COMMISSION 1 CC 386432 10 ti EXPIRES: June 23, 1988 . ., sanded Thru Notary Pubic Unde rwtaws State of Florida Signature of Notary »/C 9(-c 1?. tae job Typed or Printed Name of Notary Title or Rank Serial Number, if any County of 04CeePosec' The foregoing instrument was acknowledged before me this 3 / day of December, 1997, by Bryan Aston, Authorized Agent of MWDfl'KG Joint Venture, on behalf of said joint venture. He is personally known to me or has produced ECo41 s o7lt -6 z� - identification and did/did not take an oath. t NICHOLE M. ARNOLD MY COMMISSION s CC 386432 EScPIRES: JAM 23, 1998 Sonitsd Thou Notary Pubic OnOecw.tb+s 30341 Signature of Notary Typed or Printed Name of Notary Title or Rank FILED FOR I ?hCORD CKEECHOREE CO. FL. • Number, if 4: 111 SHARON ROBERT' ON CLERK OF CIRCUIT COURT VIII. NEW BUSINESS CONTINUED. A. Motion to approve the execution of a Law Enforcement Mutual Aid Agreement between the City Police Department and County Sheriffs Department Continued. B. Motion to approve the City 1998 Grievance Committee Members: Tommy Raulerson, Jeffrey Baugh, Lane Gamiotea and Cleveland Lamb; and Alternate Members - Terry Russell, Bill Douglas, Bea Castorina and Shane Burmley - City Clerk. C.1. a) Motion to read by title only, and set March 17, 1998 as a public hearing date, for proposed Ordinance No. 710 regarding a voluntary annexation of 27.14 acres of property owned by Etta Merle Hendry and located along the East side of South Parrott Avenue - City Attorney (Exhibit 3). b) Vote on motion to read by titre only. MARCH 3,1998 - REGULAR MEETING - PAGE 3 OF 5 50 7 Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to approve the City 1998 Grievance Committee Members: Tommy Raulerson, Jeffrey Baugh, Lane Gamiotea and Cleveland Lamb; and Alternate Members - Terry Russell, Bill Douglas, Bea Castorina and Shane Burmley; seconded by Council Member Oliver. KIRK - YES CHANDLER - YES MARKHAM • YES OLIVER • YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to read by title only, and set March 17, 1998 as a public hearing date, for proposed Ordinance No. 710 regarding a voluntary annexation of 27.14 acres of property owned by Etta Merle Hendry and located along the East side of South Parrott Avenue; seconded by Council Member Oliver. KIRK - YES CHANDLER - YES MARKHAM • YES OLIVER • YES WATFORD - YES MOTION CARRIED. MARCH 3, 1998 - REGULAR MEETING - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. c) Attorney Cook read proposed Ordinance No. 710. C. 2. a) Motion to approve the first reading of proposed Ordinance No. 710. b) Vote on motion to approve first reading. ITEM ADDED TO THE AGENDA: D. Motion to approve a temporary street closing for Southwest 4th Avenue between North and South Park Streets, on March 7 ,1998 between 9:00 a.m. to 4:00 p.m as requested by Abundant Blessings Assembly of God Church - City Administrator (Exhibit 4). Attorney Cook read proposed Ordinance No. 710 by title only as follows: "An Ordinance of the City of Okeechobee, Florida providing for the voluntary annexation by the City of Okeechobee of the Etta Merle Hendry Annexation Parcel being generally a parcel of land approximately 27A4 acres, on the West side of State Road 15 (US 441), and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida; Upon the petition of the owner(s) thereof; Declaring that the voluntary petition for annexation filed pursuant to Florida Statutes 171.044 bears the signature of the owner(s) of the property to be annexed and that such application complies with all requirements of chapter 171, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes." Clerk Thomas advised a correction was needed since the property is located on the East side of State Road 15 not the West side as stated in the title and in Section I, Line 2. Council Member Oliver moved to approve the first reading of proposed Ordinance No. 710, with the amendment in the title and in Section I, Line 2, to change "West" to the "East side of State Road 15;" seconded by Council Member Chandler. Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM • YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to approve a temporary street closing for Southwest 4th Avenue between North and South Park Streets, on March 7 ,1998 between 9:00 a.m. to 4:00 p.m. as requested by Abundant Blessings Assembly of God Church; seconded by Council Member Oliver. (The Police, Fire and Public Works Departments have signed off on the request and are in agreement with the temporary closing). KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD • YES MOTION CARRIED. EXECUTIVE OFFICE OF THE GOVERNOR„,__ „; OFFICE OF POLICY AND BUDGET THE CAPITOL, ROOM 1604 TALLAHASSEE, FLORIDA 32399 -0001 (850) 487 -2814 MEMORANDUM TO: Addressee FROM: Valerie Jugger via Sarah Voyles Finance and Economic Analysis I lnit RE: January 1, 2000 Certification of City Annexation Ordinances from January 2, 1990 to DATE: October 27, 2000 iO C`C: As the Certifying Official for the State of Florida, it is our duty to verify that all annexations reported to the Bureau of the Census are complete for the period January 2, 1990 thru January 1, 2000. It is noted that your municipality had boundary changes that were not received by this Office. Please send us a copy of the annexation, resolution, de- annexation, etc., (see attached list). If you have questions or need assistance, please feel free to contact me at the address or phone number above. You may also e -mail me at valerie .juoger(a�laspbs.state.fi.us. CITY ORDINANCE EFFECTIVE NUMBER DATE Okeechobee 710 03/03/1998 SENT BY: XEROX Te!ecopier 7017: 7- 14 -98 ; 9:5C : 9547644995.4 9417631586:ti 2 RUDEN MCCLOSKY SMITH SCHUSTER at RUSSELL, P.A. July 13, 1998 Robert Bradshaw, City Administrator City of Okeechobee Okeechobee City Hall 55 S.E, 3rd Ave. Okeechobee, FL 34974 -2932 Re: Signage for New Wal -Mart SuperCenter 200 FAST BROWARD BOULEVARD FORT LALDERDALE. FLORIDA 33301 POST OFFICt BOX 1900 FORT LAUDERDALE. FLORIDA 3330.. (934) :646660 FAX. (954) 764.996 WRITER'S DIRECT DIAL NUMBER: 1954) 327 -2412 E- (,SAIL: SPMMRUDEN.COM Dear Robert: You requested that I prepare this letter to set forth Wal -Mart Stores East, Inc.'s ( "Wal- Mart ") position with regard to signage for the new Wal -Mart SuperCenter in your City. The plans which were approved as part of the Pre-Annexation Agreement agreed to between the City and War -Mart included signage plans. A condition for Wal- Mart's agreement to voluntarily annex into the City was the approval by the City's Building Official of all of the plans for the SuperCenter, including the signage plans. Wal -Mart relied on those approvals, including the approval of the signage plans, in proceeding with the purchase of the property and annexation of the property into the City. If you have any questions with regard to this issue, please give me a call. Sincerely, RUDEN, McCLOSKY, SMITH, SCl/ ER & R LL, cc: John Cooke, City Attorney Tim Cribb Don Moseley Gary Wallace Scott Doscher P. Motley 711.:3369513:1 FORT LAUDERDALE w MIAMI ■ NAPLES 8 5T. PETERSBURG i SARASOTA • "ALLAHASSEE • TAMPA ■ WEST PALM BEACH DIVISIONS OF FLORIDA DEPARTMENT Office of the Secretary Office of International Relations Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and information Services Division of Licensing OF STATE FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS March 26, 1998 Ms. Bonnie S. Thomas, CMC City �,t'y' �.r.,�n City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 34974 -2932 Dear Ms. Thomas: MEMBER OF THE FLORIDA CABINET Historic Florida Keys Preservation Board Historic Palm Beach County l'reservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa /Hillsborough County ('reservation Board Ringling Museum of Art This will acknowledge your letter of March 23, 1998 and copy of Ordinance No.710 annexing lands into the City of Okeechobee, which was filed in this office on March 25, 1998. LC /mw Sincerely, ,J Liz Cloud,'Chief Bureau of Administrative Code BUREAU OF ADMINISTRATIVE CODE The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399 -0250 • (904) 488 -8427 FAX: (904) 488 -7869 • WWW Address http: / /www.dos.state.fl.us • E -Mail: election«maiLdos.state.fl.tts FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State The Elliot Building Tallahassee, Florida 32399 -0250 MS. BONNIE S. THOMAS, CMC CITY CLERK CITY OF OKEECHOBEE 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FL 34974 -2932 �0. g-7 - s -: 1 „11,:1„11 }1 „I,,,I,1 A „1 =11,1, =11 „II „f,l „1,1:1,1,:1 • frk omit) /iii. ■,� /�� OKEE OF � Cy0 „ City of Okeechobee March 23, 1998 Florida Department of State Liz Cloud, Chief Bureau of Administrative Code 401 South Monroe Street, Elliot Building Tallahassee, Florida 32399 -0250 Re: Annexation Ordinance Dear Ms. Cloud: Enclosed you will find a copy of Ordinance No. 710 annexing a parcel of _r 1- -"^- ^bee for your information and files. If you need contact my office. With best regards, I am Z 118 744 612 / Si" 6kfm St }L'LC /25(44 Sincerely, onnie . Thomas, MC City Clerk gee, Florida 34974 -2932 • (941) 763-3372 • Fax: (941) 763 -1686 • SENDER: a) aa > W 0 ra a E o CC ccto N w Q z f- W cc 6- 6. a PS1 • Complete items 1 and/or 2 for additional services. • Complete items 3, 4a, and 4b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. ■ Write'Return Receipt Requested" on the mailpiece below the article number. •The Retum Receipt will show to whom the article was delivered and the date delivered. 3. Artidle Addressed to: ilk • I also wish to receive the following services (for an extra f e): 1. ddressee's Address 2. Restricted Delivery Consult postmaster for fee. 2/I 1 cei �1jtC` Cite.o .C€u7 ± ( f _„, r s rl Jd', 5. Received By:, (Print Name) L. 1/ 4a. Article Number 4b. Service Type ❑ Registered ❑ Express Mail ❑ Retum Receipt for Merchandise ® Certified ❑ Insured ❑ COD 7. Date of Delivery. AR 8. Addressee's Address (Only if requested WWII fnu is nairfl Qi U, d Ni �Oa 4) 0 m cc c .° Y C Receipt lb 1,1-111J111-JJ1,-,I, NBR FILE T:ME : MAP 24 '38 14:27 TEL NUMEEP : 341-2:4-6:34 NAME : LARUE PLANNING 2 MGT DATE TIME DURATION N PG.S TO DEFT NM MODE STATUS 469 04 ; .11 • • .• :p11: MAR. 24 14:6 00/4 ' V SUB UZI Mil 111•1 Ma MI MEM MR At=1 1=INIMEM 6 407 779 =2"172 7 4/ 2 10 11 4 111•11 MB MN= •fasti ER NMI lir, 4 WM NM We MN 11 •agear I IRMO A.A.M.1 EMU= INEMI WU MIIISIMM MN lig ... MOP WM MR Mg IOW anis Will NM 11116 - MIUMMINO 1111 as: mrsimmine Emmy MOP 4 ; 3 4 616 3 211 12 4 7 6 mamOilit muirilim NM MI - •131 MIN soil 21 EC Ni OK ONEICIM'arg d11:21,111111111 LIT-dait4 Lihnik4 --a-k_it-t.(25-4-95-*26 • k G UI_L1_1.J .7.1■141M441.144MW Ur3c1,27-141 Ci-LL! ; • - ,••• ' P.+../.4 _ 0pda:1-id (Lh -11 71/7014-- (7zT='/:rie cf-cil /0-9-9S SENDER: :C • Complete items 1 and/or 2 for services. V1 • Complete items 3, 4a, and 4b. • a) • Print your name and address on the reverse of this form so that we can retum this k card to you. •Attach this form to the front of the mailpiece, or on the back if space does not d permit. • Write'Retum Receipt Requested' on the mailpiece below the article number. •The Retum Receipt will show to whom the article was delivered and the date delivered. 0 0 3. Articfie Addressed to: o < 7 3Z 3Q9 -D2 i- 5. Received By: (Pain! Nawe) IR w t.. ` 4 r„ , .. ¢ 6.: 0 T to PS l I also wish to receive the following services (for an extra f e): 1. ddressee's Address 2. Restricted Delivery Consult postmaster for fee. 4a. Article Number 4b. Service Type ❑ Registered K) Certified ❑ Express Mail ❑ Insured ❑ Retum Receipt for Merchandise ❑ COD 7. Date of Delivem 2 5 192it 8. Addressee's Address (Only if requested and /44 is nairit Receipt 1.000., City of Okeechobee March 23, 1998 Mr. George Long, County Administrator Okeechobee County 307 Northwest 2nd Street Okeechobee, Florida 34972 Re: Annexation of Hendry Parcel Dear Mr. Long: Enclosed you will find a copy of Ordinance No. 710 annexing a parcel of land into the City of Okeechobee for your information and files. If you need additional information please contact my office. With best regards, I am Z 118 744 613 v7 Sincerely, Bonnie S. Thomas, CMC City Clerk �e, Florida 34974 -2932 • (941) 763 -3372 • Fax (941) 763 -1686 .0 N d rn d 0 cu a E 0 0 to to cc ccw z 1— U.1 CC SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, 4a, and 4b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write'Retum Receipt Requested' on the mailpiece below the article number. • The Retum Receipt will show to whom the article was delivered and the date delivered. I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: auidt fadf) .557 YtioAda, 54 bid eh ag72 4a. Article Number Z /iS) 76/4(9/3 4b. Service Type ❑ Registered )i Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery 1 y /q 5. Received By: (Print Name ignat : (Add5ressee o 99 i'l44' / ) 6. 0 w PS Forfr(3811, Decem6er 1994 8. Addressee's Address (Only if requested and fee is paid) 102595 -97 -B -0179 Domestic Return Receipt Thank you for using Return Receipt Service. • /o* pKEECy __ LOR■0'/11 City of Okeechobee March 23, 1998 Susan P. Motley Ruden McClosky, Smith, Schuster & Russell, P.A. Post Office Box 1900 Fort Lauderdale, Florida 33302 Re: Annexation of Hendry Parcel Dear Attorney Motley: Regarding the annexation of the Hendry /Wal -Mart Parcel into the City of Okeechobee, enclosed are: • A fully executed copy of Ordinance No. 710; - - - --.deuce to County Administrator; Z 11 E; X 4 4 L 1 4 Ldence to Florida Department of State. d for your information and files. Should you lease contact my office. With best regards, I am Lf. LALL,,, Sincerely, Bonnie S. homas, CMC City Clerk ,, Florida 34974-2932 • (941) 763 -3372 • Fax: (941) 763 -1686 • SENDER: •Complete items 1 and/or 2 for additional services. •Complete items 3, 4a, and 4b. ar • Print your name and address on the reverse of fnis form so t card to you. •Attach this form to the front of the mailpiece, or permit. • ■Write'Return Receipt Requested' on the mailpiece Frew the articl •The Retum Receipt will show to whom the article was delivered a C delivered. 0 d 3. Article Addressed to: w d to n I also wish to receive the following services (for an extrajee): Peso/ o Pd- �k /900 ofbaucia C' 435�G2 5. Received By: (Print Name) 1-- W !) cc c 6. Signet (Addressee or Agent) X>l�i� PS Form 3811, December 1994 num the lb 00 dressee's Addres Z Restricted Delivery (13 oonnnssult postmaster for fee. d 4a. Article Number— y CC MOE 4b. Service Type zriP AA/6W ❑ Registered Certifi m ❑ Express Mail ❑ Insured c Merchandise ❑ COD NV ❑ Retum Receipt for 7. Date of Delivery 8. Addressee's Add and fee is paid) 102595 -97 -B -0179 0 ( ?1t> ress (Only A` requested 14 Domestic Return Recei{ t RUDEN MCCLDGKY SMITH SCHUSTER & RUSSELL, P.A. March 18, 1998 VIA TELECOPY John Cooke, City Attorney City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 -2932 Re: Annexation of Hendry /Wal -Mart Parcel Dear John: Thank you again for your cooperation and assistance in wor ' ng out the annexation. The purpose of this letter is a reminder that pursuant t • Section 171. Statutes, regarding voluntary annexation, an ordinance adopted und- this statuto required to be filed with the Clerk of the Circuit_Court, the Chief Ad inistrative County in which the municipality is located and with the Florida Dep= ent of State (7) days after the adoption of the ordinance. I would appreciate your assi ce in ens steps are taken and that you provide me with copies of this correspond - ce and the ordinance. Thank you. 200 EAST BROW RD BOULEVARD FORT LAUDERDAL', FLORIDA 33301 POST •FFICE 80X 1900 FORT LAUDERDAL , FLORIDA 33302 [954) 764.6660 F X: (954) 764-4996 wRITER'S i IRECT DIAL NUMB R: (9540 527-2412 E -MAIL: 5 MQRUDEN COM Sincerely, RUDEN, McCLOSKY, S H, SCHU R & RUSSEL I , P.A. cc: Robert Bradshaw, City Administrator Tim Cribb Don Moseley Gary Wallace Scott Doscher FTL:306923 1 FORT LAUDERDALE ■ MIAMI ■ NAPLES ■ ST. PETERS8URC r SARASOTA • TALLAHASSEE TAMPA IN WEST -ALM BEACH Z ttgg9LnL1i6 4- 966btr905.6 WcZZl9 96 -9L —e : QZCL Jlaldooaiay xoJex :,lg 1N3S P. Motley tails of the 4, Florida section is ff cer of the thin seven g that these ily executed T''is; ..19 1 ty .S. ley rict ee- ay, nee 06, At will 21. IS 14 cry on iiry at he ter ne rch ;a lay er, nd .m. the :r. r 1d ar. ed he 09 d. on 58 10- nd 77 vQ ly $ Okeechobee News March 17, 1998 Vol. 89 No. 76 107 S.W. 17th St. Suite D, Okeechobee, Fla. 34974 (941) 763 -3134 Little Rock prepares for this year's trial of the cen Sy TOM PARSONS Associated Press Writer L1'ITLE ROCK, Ark. (AP) — With this year's trial of the century two months away, the city is tearing up hotels, ren- ovating the courthouse and raising ho- tel prices in preparation for an Invasion of reporters. Much of the work is going on at the Legacy Hotel, a pink five -story building across the street from the federal courthouse where Paula Jonea' sexual harassment suit against President Clinton is to begin May 27. All 116 rooms have been booked by news organizations, which are paying thousands of dollars to make tempo- rary renovations, Including ripping out closets for cameras and installing win- dows that offer a glare -free, wet -or -dry view of the courthouse. The 12 rooms with the special glass have been offered to broadcasters for $250 a night and an upfront $15,000 fee, nonrefundable In die event the law- suit is settled. If the networks can't pay the rates, they should charge more for commer- cials, acid Linda Ward, the hotel's gen- eral manager, "They can jack up their prices," she said. "I have 12 very vital rooms." Not vital enough for CBS. "1 thought it was a little bit exorbi- tant to charge us that for what they were going to do," said Wayne Nelson, Dallas bureau chief for the network, "Also, they wanted a lot of money up front, which 1 can't do." Downtown hotels that this week are charging between $72.50 and $121 a night plan to charge between $90 and $127 a night in late May, when about 500 journalists are expected to arrive for the trial, which 1s expected to last six weeks, The Excelsior Hotel, where Bryan Meshach from Kenco Signs and Awnings, helps hang the new canopies on storefronts In downtown Okee- chobee. The canopies are Just the beginning of the downtown restoration project, (Photo by Tracy Webb) By JACKIF NAWFAX Two tracts on Ferrell Road up for auction By TwUa Valentine two tracts of land, one of 52.4 acres could be developed, Staff Writer and the second 41.3 acres, The auction A $10,000 cash or cashier's check The Okeechobee County Board of site wil be on Southwest 16 Avenue, al- per tract must be displayed to bid, Commissioners will meet in special ao known as Ferrell Road. Ten percent of the cash price will be session at 2 p.m. Wednesday, March The first site contains 18 acres of collected at the auction and the bal- 18, 1998 to consider acceptance or re- man -made lakes and the second at a ante or closing will be within 30 days. jecttons of bids offered earlier that day six -acre man -made lake. One site has Following that topic of the special for 93 acres of county -owned property, 180 feet fronting on Ferrell Road and meeting, the board will also consider known as the shell pit. the second has 810 front feet. the approval of a company for the plan - The auctioneer firm of Karlin Daniel, Residential development, agriculture ning and design services for the Okee- & Associates will conduct the auction and recreation vehicle park are but chobee County Agri -Civic Center and at 11 a.m. and the site is divided into some of the uses to which the property Fairground project, Buenoano asks for another hearing on the chair TALLAHASSEE (AP) — On average, Florida has executed two killers a year for the last 20 years. But before the end of the month, the state intends to send four peo- ple to its 75- year -old electric chair. A foot -long flame erupted during the state's last electrocution, nearly a year ago, The first killer scheduled for execution this year told pollee he murdered 41 women in three states, and is condemned for killing a teen -ager in Brevard County nearly 25 years ago. Gerald Stano, 46, is set to go to the chair at 7 a.m. next Monday. Twenty-four hours later, the state has scheduled the execution of Leo Jones, 47, for the 1981 murder of a Jacksonville police officer. Six days after that, 'black widow" killer Judy Buenoano, 54, is scheduled to go to the electric chair for the 1971 poisoning of her husband, three months after he re- turned to Orlando from Vietnam. Buenoano 1s supposed to be followed 24 hours later by Daniel Remeta, 40, who once said he 'just liked to kill people." Remeta is convicted of five murders in three states. ,•• w His Florida victim was a convenience store clerk In Ocala, who was fatally shot in 1985. Since the U.S. Supreme Court upheld Florida's death penalty law in 1976, the state has carried out one or two executions most years. But two years saw an unusual number of executions. The state executed eight people in 1984 and four people in 1990. Richard Martell, who oversees the state's defense of death sentences, said Monday it's impossible to predict whether the four executions will be carried out as scheduled, "The issue of the electric chair has changed the dynamics of the scheduling of the executions," he said. Stano and Jones both were scheduled to be executed last April. But both got re- prieves because of the fire that erupted dur- ing the execution last March of Pedro Medi- na. Last fall, the Florida Supreme Court ruled 4 -3 that death in the electric chair was neither cruel, nor unusual. Last month, a federal Judge dismissed a • similar lawsuit. Lawyers for the four death row Inmates, however, are still pursuing appeals. Here's the status of each of those appeals; — Last week, the state Supreme Court rejected an appeal by Stano's private attor- ney for a delay. Attorney Mark Olive was hired by the state in January to represent Steno and told the court he needed more time. The next place likely for Mr. Olive to Me an appeal is circuit court in Brevard Coun- ty. — Jones is waiting for a ruling from the state Supreme Court after oral arguments last month. Martin McClain, Jones' state - provided lawyer, told the justices Jones should get a new trial because a dozen peo- 'ple have said another man confessed to the murder that Jones was condemned for. "A ruling could come any day" In Jones' case, Mr. Martell said Monday. Mr. McClain said he planned to file an- other motion before Florida's high court with new information that raises questions about the police investigation of Jones. Mrs. Jones said President Clinton propositioned her in 1991, will charge $115 a night. Tim Tison, coordinating producer ABC, turned down the Legacy's glare - free window rooms and decided to move his journalists to hotels farther from the courthouse whose rates "don't seem to be out of line," A media consortium is arranging to rent a warehouse and convert it into of- fice space. A similar layout was used at the Oklahoma City bombing trials in Denver, Please see CLINTON /6 ,City to annex property for new Wal -Mart By TWA VALENTINE Staff Writer The City of Okeechobee Council will cele- brate St, Patrick's Day for 1998 hopefully adopting an ordinance that will annex 27,14 acres into the city, This Is the property on which Wal-Mart intends to shortly begin construction on its Superstore for Okeechobee. The purpose of the public hearing, in ad- dition to complying with Florida law, is to of- fer the public an opportunity to comment ti- ther in favor of, or against, the annexation if the property. The first item the council will be asked to consider under new business is to approve a Grant of Easement to William Farberlk In WUeox Shores. The exception is being made for Me Far - barik On Southeast Eighth Drive In order for him to Install fencing around his property. During a discussion at the March 3 meeting, he said he understood that he would be responsible for the maintenance of the area where the encroachment will occur; Approval of a change order and a request for partial payment from W.G, Mills Inc. will WS* be addressed by the eouneil. The contractor is doing the work on the facade renovations as part of the downtown revitalization work. The request by the firm is for a partial payment in the amount of $27,062. The next item on the agenda will be a proposal to retain the services of the legal firm, Holland & Knight, to represent them in the qty's disagreement with Okeechobee County regarding the correct method of rev- enue sharing of the gasoline taxes. Only one of the taxes, the six -cent local option tax, Is being disputed by the city, and this will be the only tax for which the law firm will represent the city. In a letter from Holland & Knight, Mark Holcomb suggests that "action against Okeechobee County in circuit court may be a viable option for pursuing relief for these other taxes and for recouping the city's share of revenues for prior years." The final item on agenda will be the amended streetscape plans which are part of the downtown renovation project. According to the original master plan which was submitted, the total cost would be $1,158,542. The currant project budget is $500,000 leaving a deficit of $658,542. The council will have to decide which portions of the master plan they want to put into effect at the present. Replacing the lighting only will cost $371,650, The replacement of the current sidewalks with the concrete pavers will cost an estimated 8184,000 which would take It over the current available budget. In prior discussions, council has ex- pressed the desire that whatever portion the city chooses to do will be extended to all those businesses which are participating in the facade renovations. 941 -334 -6384 LARUE PLANNING & MGT 449 P01 MAR 1? '98 16:23 FAX TRANSMISSION L,ARUE PLANNING & MANAGEMENT SERVICES, INC. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2645 941- 334 -3368 Fax: 941- 334 -6384 E -Mail: JLaRuel105iaol.com To: Robert Bradshaw Date: March 17, 1998 Fax #: 941-763-1686 Pages: 7, including this cover sheet. From: Barbara Catlin Subject: Meeting Tonight COMMENTS: Please givt: the attached to Jim when he arrives for thhee meeting tonight. Thank you. 471 941 - 334 -6384 LARUE PLANNING 8 MGT 449 P02 MAR 17 '38 16:23 ORDINANCE No. 710 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR THE VOLUNTARY ANNEXATION BY THE CITY OF OKEECHOBEE OF THL ETTA MERLE HENDRY ANNEXATION PARCEL BEING GENERALLY A PARCEL OF LAND APPROXIMATELY 27.14 ACRES, ON THE EAST SIDE OF STATE ROAD 15 (US 441), AND BEING IN SECTIONS 27 AND 29, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; UPON THE PETITION OF THE OWNER(S) THEREOF; DECLARING THAT THE VOLUNTARY PETITION FOR ANNEXATION FILED PURSUANT TO FLORIDA STATUTES 171.044 BEARS THE SIGNATURE OF THE OWNER(S) OF THE PROPERTY TO BE ANNEXED AND THAT SUCH APPLICATION COMPLIES WITH ALL REQUIREMENTS OF CHAPTER 171, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABIL!TY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Okeechobee, Florida has received a petition from the c wner of the real property hereinafter described, that said real property be annexed into the City o•' Okeechobee, Florida pursuant to the provisions of §171.044, Florida Statutes; and W HEREAS, it is the opinion of the City Council that it is in the best interest of the City that said real property be annexed into the City. that: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida SECTION 1. The real property consisting of approximately 27.14 acres and described as being located on the east side of State Road 15 (U.S, 441), and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida, more particularly described in "Exhibit A," attached hereto and made a part hereof by reference, being the real property for which the voluntary annexation petition was filed for annexation pursuant to §171.044, Florida Statutes, be and the same is hereby annexed into the City of Okeechobee, Florida. A map depicting the real property annexed hereby is attached hereto and incorporated herein by reference as "Exhibit B." SECTION 2, The City Council hereby rids that the written petition for voluntary annexation filed with the ity bears the signature of all owner(s) of the real property to be annexed info the City of Okeechobee, Florida and that all requirements of Chapter 171, Florida Statutes regarding such annexation have been met. SE crroN 3. The City Clerk shalt: Within seven (7) days after the adoption of this ordinance, file a copy of this ordinance with the Clerk of the Circuit Court in and for .� Okeechobee County, Florida and with the County Administrator of Okeechobee County, Florida; and 2. Within thirty (30) drys of the adoption of this ordinance, cause the "Boundary Article" of the City Charter of the City of Okeechobee, Florida, being "Appendix A" to said City Charter, to be revised in accordance with the aforesaid annexation, and to cause a copy of such revision to be filed with the State of Florida Department of State. Page 1 of 2 J,td • 'i11 941- 334 -6384 LARUE PLA1H1NG 8 MGT 449 P63 MAR 17 '98 1E:24 SecTioN 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict . SE t TION S. 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. Sr. TIoN 6, This Ordinance shall take effect immediately upon its passage, Introduced for first reading and set for final public hearing on this 3rd day of March, 1998, James E. Kirk, Mayor ATTEST: 7/ rj Bonnie S. Thomas, CMC, City Clerk Pas ied and adopted after second reading and final public hearing this 17th day of March, 1998. ATTEST: c Bonnie S. Ilfomas, CMC, City Clerk James E. Kirk, Mayor Page 2 of 2 LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 -2845 941 - 334 -3366 • FAX: 941- 334 -6384 Letter of Transmittal TO: City of Okeechobee DATE: March 5 1998 55 SE 3rd Avenue ATTENTION: Bonnie Thomas Okeechobee, FL 34974 REFERENCE: Wal -Mart Site Annexation WE ARE SENDING YOU © Attached ❑ Under separate cover via the following items: COPIES DATE DESCRIPTION 1 Ordinance No. 710 - Annexation 1 Public Notice of Meeting on 3/3/98 and 3/17/98 THESE ARE TRANSMITTED as checked below: ❑ For approval For your use © As requested ❑ For review and comment REMARKS: ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Submit ❑ Submit ❑ Return copies for approval copies for distribution corrected copies These two documents have been corrected to show the location as being on the "east" side of SR 51, instead of "west" as originally input. Thank you for bringing this to our attention. Call if you have any questions. COPY TO: File SIGNED: Judith E. Thomas If enclosures are not as noted, kindly notify us at once. ►�, l O K E Cy t. ■ ■ - 1 ■ Pt 0R10/%;)II r TO: J PURCHASE REQUISITION City of Okeechobee 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974 -2932 (941) 763 -3372 FAX: (941) 763 -1686 Okeechobee News Post Office Box 639 107 S.W. 17th Street, #D Okeechobee, Florida 34973 -0639 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. J ( 2 IMPORTANT: THIS NUMBER MUST BE SHOWN ON ALL INVOICES, PACKAGES, CASES, TICKETS AND CORRESPONDENCE. SHIP TO: [—Bonnie S. Thomas, City Clerk City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 INVOICE IN DUPLICATE: [City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 J J U3F04/9T v.iopamo. DElly /WATE SHIPPLIA/,ST WAY F.O.B •DESTINATION n/a TERMS 30 ITEM NO. ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT 1 2 512 -4900 1 each Legal Ad - Ord 710 WalMart Annexation Publish: 3/6 Fri 5`7 5� v KP 102 b . 2.w TOTAL $59 CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATE SALES TAX EXEMPTION NO. 57 -03 -004146 -54C FEDERAL I.D. NO. 59-6000-393 AUTHORIZED SIGNATURE RECEIVING RECORD The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (813) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Richard Hitt, who on oath says he is Publisher of the Okeechobee News, a DAILY newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of adver- tisement, being a in the ma er of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of LLB ZL Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okee:hobee C_cunty, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 7 Sworn to and Nbscribed fore me this y of A.D1 19 Nota Public, State orida at Large ,S)(107/a/W6t4,04,-,_ K2.101998 Una NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, March 17. 1998 at 6:00 p.m., or as soon thereafter u possible, at the City Hall Building located at 55 SE 3rd Ave, Okeechobee, FL conduct • public hearing on and thereafter consider final reading of the following Ordinance: NO. 710. AN ORDI- NANCE OF THE CITY OF OKEECHOBEE, FLORI- DA PROVIDING FOR THE VOLUNTARY ANNEXA- TION BY THE CITY OF OKEECHOBEE OF THE ETTA MERLE HENDRY ANNEXATION PARCEL, BEING GENERALLY A PARCEL OF LAND APPROXIMATELY 27.14 ACRES, ON THE EAST SIDE OF STATE ROAD 15 (US 441), AND BEING SECTIONS 27 AND 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORI- DA; UPON THE PETITION OF THE OWNER(S) THEREOF; DECLARING THAT THE VOLUNTARY PETITION FOR ANNEXATION FILED PURSUANT TO FLORIDA STATUTES 171.044 BEARS THE SIG- NATURE OF THE OWNER(S) OF 711E PROPERTY TO BE ANNEXED AND THAT SUCH APPLICATION COMPLIES WITH ALL REQUIREMENTS OF CHAP- TER 171, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITIES CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. All members of the public arc requested to anend and par- ticipate in said hearing. Said proposed Ordinance may be inspected by members of the public in rho Office of the City Clerk looted in the City Hall Building during regular busi- ness hours, Monday through Friday, 8:00 a.m. -5:00 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person deaires to appeal any decision made by the City Council with respect to any muter cansrdered at this hear- ing, such interested person will need a record of the pro- ceedings, and for such purpose may reed to ensure • verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be bared. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persona with disabilities needing special accommodation to participate in this pro- ceeding should contact Bonnie Thomas no later than two (2) working days prior to the proceeding at 941)763 -3372; if you are hearing or voice impaired, call TDD 941)534 -7777, or Florida Relay Service 1.800.955-9770 BONNIE S. THOMAS, CMC, CITY CLERK y PUBLISII: 3t OKEEC. •.E NEWS: 8969 t.1ervi ;. KIMBERLY SUE PRICE Notary Public, Sate of Florida My comm. expires Aug. 12, 2000 '�a ,,„, Comm. Nc. CC576315 WEDNESDAY El Nino brings new bugs ... page 2 50 P lus Tax News in brief Special election set for March 10 A special election will be held March 10 to fell the state Senate seat previously held by Rick Dantzier. This election includes only voters who live north of State Road 70. Voters who need absentee ballots should contact the Elections office at 763-4014. The office will be open March 7 for anyone who would kke to vote by absentee ballot The Daily Okeechobee News Marc; 4, 1998 Pool B closed due to water conditions Kissimmee River Pool B will be dosed to navigation beginning to- day due to hazardous conditions in the river resulting from high water and flow conditions. The Pool B navigation closure will remain in ef- fect unlit further notice. Continued high flow through the C-38 Canal, the channelized por- tion of the Kissimmee River, for the past month caused erosion along the banks of weir No. 2 of the Kissimmee River Restoration Demonstration Project. Warnings and informational signs have been posted along roadsides and at boat ramps in the area of Pool B. Vol. 89 No. 63 107 S.W. 17th St. Suite D, Okeechobee, Fla. 34974 (941) 763 -31 al -Mart annexation ordinance passes first reading cause to hold up the plans for the developer to move forward with the construction of the store. Council also approved an encroachment agreement with Merrllee J. White on proper- ty located at 501 Southeast Eighth Drive in Wilcox Shores. The encroachment is being permitted so the landowner may construct a privacy, chain -link fence onto a public ea .1.- se+r t By 1WIIA VAUNT= Staff Writer Members of the City of Okeechobee Council convened and adjourned their regu- lar council meeting March 3 in a record 23 minutes. During that abbreviated meeting, the board approved two agreements. ap- pointed a grievance committee, approved a temporary street dosing, and held and ap- proved the first reading of a proposed ordi- . mane that would annex 27 -plus acres of Ati ock- escape LOTTERY Numbers drill keeps officers sharp By MURIEL HARRINGTON TWo tricky "mock prisoners" fled fellow correctional officers during a hard chase around alligator- infested swamps. They tested Okeechobee Correctional Institu- tion's recapture skills in a mock - escape drill last Friday morning. The "escapees" lost the four and one- half hour hunt when bloodhounds un- coiled their deceptive trail. The OCI maximum security prison, lo- cated approximately 12 miles north of the Okeechobee city limits on U.S. High- way 441, houses 1,181 inmates. Mock - prisoner escape drills involve a cooperative effort between the prison's officers, the Okeechobee County Sheriffs Department and neighboring counties which also supply helicopters. The drills will continue annually to find any prob- lems and assess response times in the unlikely case an inmate should escape. property into the city for the construction of the long awaited Wal -Mart Superstore. The proposed ordinance that would an- nex the property into the incorporated city limits consists of 27.14 acres and is located on the east side of U.S. Highway 441 South. also known as State Road 15. The wording in the proposed ordinance was incorrect and stated west side of the roadway so the motion to approve the read- ing had to be as amended." The amended notice will now run for the final reading and public hearing on March 17. The total property is about 33 acres in slw, but the balance of the site already is within the city limits. Once the second reading is approved and the annexation complete, the city will have to file for an amendment to the Future Land Use Map in the city's Comprehensive Plan. According to city attorney John Cook, he said that should be accomplished with no Chiles aims at kids for last session TALLAHASSEE (AP) — In his final State of the State speech, Gov. Lawton Chiles shied away Tuesday from some of the con- troversy surrounding the 1998 Legislature and urged lawnnakers to dedicate their work'. to Florida's children. Calling the educational readiness of the state's schoolchildren "Florida's Achilles' heel." the 67- year -old governor urged im- provements in child care and health care, • including putting more nurses in schooL Florida ranks 48th nationally, behind' only Mississippi and Louisiana, in the ratio of nurses available to schoolchildren. "When we were growing up, most schools had a nurse," Gov. Chiles said. "Much has changed, but the need for school nurses has not For the first time, the governor's opening - day message was carried live on the Inter- net - Inhere is a lot going on here and it's going 6 - Okeechobee News, Wednesday, March 4, 1998 The first runner up of the Beta Club Know It All Competi- tion. The members of the Want Not, Win Not team, from left are; John Wright, Holly Warner, Richard Keebler, Josh Tyler and Jeff Mann. (Photo by Tracy Webb) Supa Stars win OHS tournament OHS /From 1 effel, Peggy Ociepka and Gay Carlton. The winnining team was called the Supa Stars and its members were Tara Stegkem- per, Jill McGee, Jenny Hoover and Christina Locke. The first runner up team was called Want Not, Win Not and its members were John Wright, Holly Warner, Richard Keebler, Josh Tyler and Jeff Mann. Wal -Mart annexation ordinance passes first reading PROPERTY /From 1 menu The owner agrees to maintain the easement and the fence, but will not expand the encroachment be- yond what is described in the agree- ment. The agreement was approved 4-0 as councilman Lowry Markham was not in attendance at the meeting. Council also unanimously ap- Streetscape STREETS /From 1 have been proposed for the comers of each block and islands in the cen- ter of the blocks. If they don't consid- er doing the center islands at the present time, it won't cost any park- ing places along Park Street and by the time additional funding would be available, he said, other parking might have been established so the parking places along Park Street would not be as critical as they are now. He said the lighting would be very visible and also very dramatic at night Following Mr. Sobieralski's por- Escapees had half-hour headstart DRILL /From 1 minute head -start outside the prison fence. The "escapees" were not famil- iar with the swamps or thick tree - lines surrounding the prison's open fields and they had only their own eyes and ears for com- munication, as their pockets were emptied before they left. And these guys had a few tricks of their own up their sleeves, as they doubled back and changed routes several times, trying every deception to elude capture. Their zig -zag effort covered a five -mile area of constant chase, which went a little faster after they locked eyeballs with a water moc- casin. An escapee in this area can be quickly spotted by helicopters, land or road patrols, unless they take cover in the distant jungled swamps and woods, Mr. Prevatt explained. The idea is to get all operations, arriving from many areas. in nlace command is then set involving nication were excellent in this about 40 people. large effort. We found a few things The entire escape area is cor- which needed tightening and doned off to reduce the avenues of we've already started improve - escape, while land patrols and ments on them," Mr. Prevatt said. bloodhounds squeeze the bound - And those gators and snakes aries smaller. might help tighten the net a lit - "The coordination and commu- tle too. Toni _ ht D Atit /' JR U PL(�:r� UR J proved a Mutual Aid Agreement be- tween the City of Okeechobee Police Department and the Okeechobee County Sheriffs Department Under the agreement, city police will give law enfoiccuient assistance when re- quested for civil disturbances, large protest demonstrations, aircraft dis- asters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, plans back tion of the presentation, Mayor James Kirk said that he felt they needed to do the lights first and he was pleased to see that given the priority. He said the council cannot make decisions during a workshop and without the cost estimates. they would be unable to offer final direc- tions to the architect and contractor. City administrator Robert Brad- shaw told council he and the archi- tect would meet later in the week to get the numbers from the contractor. Council asked Mr. Sobieralski to come back for another meeting fol- lowing council's March 17 meeting. Frank Altobello who owns several of the buildings which are part of the project told council that in the very beginning when this project was first suggested, he was not in favor of it Admissions, Programs, Soda, Seer, i Nanedargers, Not Dogs, Popcorn VIA A% escapes from detention facilities, and incidents of criminal conduct requir- ing utilization of specialized units such as the drug task force. Council also approved the 1998 City Grievance Committee members. They are Tommy Raulerson. Jeffrey Baugh, Lane Gamiotea and Cleve- land Lamb. Alternate members se- lected include: Terry Russell, Bill Douglas Bea C'astorina and Shane Brumley. Abundant Blessings Church re- quested a temporary street closing of Southwest Fourth Avenue from 9 am. to 4 p.m. Saturday, March 1998 for a church - sponsored sale. This was approved. LAST WEEK'S WINNER! NO WINNER LAST WEEK SEE THIS WEEK'S SOCIAL SECURITY NUMBER IN THURSDAY'S PAPER RESTAURANT Daily 8:00 a.m. to 2 p.m. Breakfast & Lunch Served Poolside AY. OR SAS.. • JAN BMA KAMPSROUNO Located at KOA Campground 4276 Hwv. 441 S. TUESDAY Guard remembers final moments...Page 2 soo T fir.• �.a ? ..11, 12, 18 ..............3 12 Opinion n a News in brief Wali Street edges up NEW YORK (AP) —'The Dow Jones industrial average edged Sher just before the dose Monday, dosing at a record high for the fourth session despite a worrisome jump in interest rates in the bond market Sev- eral broad-market measures also with- stood the drag of rising interest rates, but the technology-heavy Nasdaq market was stung by profit-taking, The Dow, which on Friday dosed above 8,500 for the first time, over - came a 35 point defrdt and finished needy 5 points higher at about 8,550. Theflaily Okeechobee News eb 3,99981 Vol. 89 No. 62 107 S.W. 17th St. Suite D, Okeechobee, Fla. 34974 high scho oro_ n r U .s"F g nvaY 441-Norm dh °''WYn (photo By Muriel Har- rooms and a multi -media room. ; .. City cot is to hear By TWILA VALENTINE Staff Writer The meeting of the City of Okee- chobee ee- chobee Council gets underway early hour of 4 p.m. Tuesday. March 3 with a workshop to discuss the plans for the streetscape portion of oft a in will be on hand (941) 763 -3134 tered into t e r Sys em or one"p' j gi e°Ct r ��r c os, .« ^'�• "- clan, that patient could see other physi- boards around town. of Wa1- Marta eexation plan cern that some features of the plans nwould places on West South Park Street. They requested plansthe and then bring re-work the plans them back for further review and dis- cussion. con- venes at 6 p.m., the main items tn- limited to, emergencies and to con - Mart Super The first reading of the ordinance tfnue mutual aid in multi -Juris ic- Stord. will council will lt en set lMarch 17 as the eluding the Jooint Drug TasklForce. public hearing date on the adoption The two agencies will have volun- tary cooperation and assistance of of the ordinance. Also approval of the e the agenda Law jurisdictional lines and assistance routine law be approval of the execution of a Law ] the downtown renovation project. When the regular meeting betwee the Mutual ke hobee Po- du The council ist also being asked to Representatives h Genesis between the City of Okeechobee Po- rove the City 1998 Grievance Group h nd to take part approveet Members. . the discussion. eluded on the agenda fa the long- lice Department and the Okeechobee apse are: Tommy Raulerson, Jef- roerr into This agreement provides that both They h Lane Gamiotea and '- When the plans for the streetscape awaited proposed ordinance to annex County Sheriff s law w enforcement Department receive frey Baugh, were presented r realized last month, for all the acres of the Hendry p P Y members realized the funding for all th city. tamed would not be suit This will be the first ent on reading of the services and resources sources in during intenf will be Terry Russell, Bill Douglas that they contained annexation agreement ; services y 'sncludtng, but not Bea Caetorina and Shane Burmley. Cleveland Lamb. Alternate members ', flcient r.T co Today's forecast calls for sun- ny breezy con- ditions with the eigh In the mid to upper 60's with the wind at 15 to 20 miles per hour. Tonight's tow will be in the upper 30's. Yesterday's high: 75 Yesterday's low: 54 Today's Sunset 6:27 p.m. Tomorrow's Sunrise: 6:48 a.m. -- rrlr until also expressed con -,- which will be the site Of the near,Wa#r,t>�re � government ants lodged against county f yet they were the ones who made the mpla z= • • v � special exception and brought letters in Staff ToVIIA VALENTINE protest. He also cited the development's Not We, but deed restrictions, but he said the board went Not one, but two, the Okeechobee Count ahead and approved the special 'reception. Board Co before m Commissioners during their Feb. He was also disturbed for what he called 24 meeting ti g to lodge the unprofessional way in which one of the di meeting a lodge county goer about two members spoke to him. different areas of county government, the board applicant told the planning board and road paving. He said the app the planning Martin Zlrgler addressed the board about board he had gotten easeways to easements or a meeting earlier in the week of the Okee- swales and he didn't really get on he stated. chotxe County Board of Adjustments and the HPer permission charged that he believed the whole Appeals where he protested a special matter was cut and dried before it was even the whole — pon on to height c e building t u before the board. sat during at fete ignored them through the whole posed G be atestructed next to his home in brought P He said that when he told the board build- meeting. Hie said he opposed the granting of the the earlier meeting that a three -story ing would infringe on his privacy, one of the bete board members unprofessionally told him to motion and the second. They completely close his Venetian blinds and Mr. Zergler were obnoxious to anything we were saying to being spoken to in because everybody else talked and asked this he didn't aid that questions. They were in another world in my this way. g said that when he asked about es er said. it infringing on the privacy 10 his pool estimation." Mr. Zirgler he said he was told to be sure and wear a Commission chairman Off Jr. told r man Mr. ZJrgler that the deed restrictions and the bathi he greatly resents that remark enforcement of them is completely the dthe homeowners as a group. on a special ex- from the planning were completely sion of the planning He said they were comp to °T tion that the appeal process is through with his protests and that of the others. He �i< curt said that two of the gentlemen on the corm Chairman Betts said the board of county Please see COUNTY /6 From: Stephen Dunaway To. Robert Eracshaw Sverdrup Civil, Inc. Remedial Construction Operations To: Robert Bradshaw Company : The City of Okeechobee Fax Number : 763 -1686 :ate: 2125,98 Time 5 '3 18 PM Page 1 of 1 Wal -Mart CDV Project Okeechobee, Florida From : Stephen Dunaway Company : Sverdrup Civil, Inc Fax Number : 941 - 357 -9056 Voice : 941 -357 -2848 Subject : Cattle Dip Vat Remediation Pages including cover page: 1 Date : 2/25198 Time : 5:11:52 PM MESSAGE Mr. Bradshaw: My name is Stephen Dunaway of Sverdrup Civil, Inc. Sverdrup has been contracted by Wal -Mart to perform the Cattle Dip Vat (CDV)remediation work in preparation for the Supercenter construction. Scott Doscher of Kimley -Horn asked to me to stop by to see you regarding the CDV work. We came by your office this afternoon. Sony we mussed you. We will be removing the vat and contaminated soils and then backfilling the excavation. A groundwater recovery trench will also be installed. This work should be completed by the end of March, mother nature willing. The odd looking containers are for temporary storage of contaminated groundwater. Due to the saturated soils we were not able to set them in place until yesterday. If you have any questions regarding specific aspects of the work. please feel free to give me a call at the above number. Any "press release" type information should still be requested through Wal -Mart. WinFax PRO Cover Page Index Classified 9, 10, 11 Comics .... 8 Community Calendar 3 Community Events 3 Crossword 10 Obituaries 3 Opinion 4 Speak Out 4 Sports 7 TV Listing 10 News in brief technology stocks drove the Nes daq market to its first record since before October's selloff, but a po- tential resolution to the Iraq crisis failed to ignite a broad rally in a pricey market. The Dow Jones in- dustrial average traded in a narrow range all day, closing 3 points lower at 8,410, but the Standard & Poor's 500 padded Friday's record high and the technology -heavy Nasdaq composite beat Oct. 9's record close 011,745.85. The Daily Okeechobee News February 24, 1998 NIEL Vol. 89 No. 55 107 S.W. 17th St. Suite D, Okeechobee, Fla. 34974 threat of a U.S. military attack. President Clinton said he would keep a huge force in the Persian Gulf. The president said that if Iraq reneges on a commitment to make possible chemical and biological weapons sites subject to in- spection, the consequences would be 'very very serious." "What really matters ... is not what lraq Please see IRAQ/6 Osceola Middle Schools new D.A.R.E. instructor, also are among Okee- chobee's School Resource Officers (SRO), explained Sgt. Mary Anne Dana. the officer in charge of both programs under commander Capt. Gary Hargraves. Deputy Mills has been active as a tennis coach at the high school for five years and "greatly enjoys young adults." Weather Today's forecast cats for sun- ny condi- t i o n s around the region. The high tem- perature will be in the mid 70s. The wind will be breezy and from the West be- tween 15 and 20 miles per hour. Yesterday's high: 77 Yesterday's low: 66 Today's Sunset: 6:23 p.m. Tomorrow's Sunrise: 6:55 a.m. These large containerized trailers were moved onto the site this week where the new Wal -Mart SuperStore will soon be under construction. Site preparation work is underway even before the annexation agreement is finalized and a building permit issued for the actual construction. gram's total to four. The national D.A.R.E. program. representing "drug abuse resistance education." involves a 17 -week drug education curriculum and has been around since 1981. Sgt. Dana has been involved with the program since 1989. This program is provided to all fifth graders in Okeechobee County, which is the exit grade before students enter (941) 763-3134 After students complete the D.A.R.E. program, a graduation cere- mony is held at school to which all parents are invited, she explained. The D.A.R.E. program has many lo- cal supporters, among the most con- sistent are: American Legion Post 64, Okee- chobee Elks Lodge, Okeechobee Ro- tary Club and Farm Credit of South Florida, based in Okeechobee. Officials mum on Wal -Mart containers' eventual purpose A temporary access mad has been cut into the property on South Parrot Avenue where the Wal -Mart SuperStore will scon be constructed. On Feb. 8 and 19, large containerized trailers were brought in and set on the site. Three of them are located on the main artery causing speculation by all who pass by. Others are located further back on the site. However, efforts by The Daily Okee- chobee News to contact Wal -Mart officials in Bentonville, Ark. have been unsuccessful since Feb. 20 and city officials are not sure what the purpose of the containers will be. On Friday, February 20, City Adminis- trator Robert Bradshaw said that state- ments on the containers and what is occur- ring should come from the Wal-Mart corpo- rate office. The contact at that location was Tim Cribb, who is the real estate acquisition man for the company. He did not return' calls on Friday or Monday. There are supposedly two chores that need to be accomplished before any further site preparation can be done before con- struction. According to testing that has been done on the site, at least 21 of the 33 au e, need to be de- mucked. The site was once below the water line of Lake Okeechobee and there is an average depth of the feet of muck on most of the site. This first chore could take some time to accomplish. The second chore concerns the removal Please see WAL- MAR1/6 6 - Okeechobie News, Tuesday, February 24, 1998 El Nino- driven storms rake central counties during early mi TORNADO /From 1 axrf was gone. If you saw the house, volt would wonder how we got out of them with our lives." Seven people died in the Pon- derosa Park campground behind Osceola County Stadium. spring trai 11n9 home of bsiselsilts 1louston Asti ors, l fold my wile. "That sounds like an airplane." said Hector Quinones, who lives in the park. Ile realized it was a tornado and moved his family to the middle of their trailer. 'Everything was flying around," including his golf cart, he said. The 14 people killed in Osceola County southeast of Walt Disney World included six in the Buenaven- tura Lakes area and one in the city of Kisst none. All that remained of the 86.000 - square -foot Buenaventura Lakes shopping center was exposed con- crete and heisted metal. 'it's just a facade. Everything be- hind It was tom up," said Stephen LaFreniere, manager of the 27 -store strip mall. In Seminole County, much of the al -Mart site once held' cattle tick dipping vat WAL- MART /From 1 tS a0 old (lipping vat that is located Ift the site. as well as any contaml- ty - tiNted soil surrounding it. During the 1920s, cattle tick fever raged in Florida and the state and federal government became involved lfr the eradication of the pest. The state funded the building of the vats throughout tie state and the federal government paid for the iveslrx-k inspectors. Many of these vats were installed over the objec- tions of the landowners of the time. the solution used to dip the cattle Changed over time, but by 1938 the permitted dip was an arsenical solu- tion of arSISnious axide in a solution. It is the remnants of this solution at current state agencies are con - erred about. The Legislature passed a law in recent years overturning the Florida Department of Environmental Pro- tection who sought to have currant landowners where vats are located pay thousands of dollars to remove any contanilnated soils. 'the new law basically says that bemuse the state ordered them installed and paid for them originally, any cost of clean up should be borne by the state. At the Wal -Mart site. not only will the dipping vat be removed. but test- ing of the soil will determine the amount of that element Is judged to be contaminated and should be re- moved. It is not known who will be pay- ing for this site clean up because of the lack of response from the Wal- Mart officials at their corporate of- fices. Clinton to wait and see IRAQ /From 1 says but what it dcxs,- the president said in the White House Oval Office. tine apparent gesture to Iraq in the accord, which 0.N: Secretary- General K011 Annan reached Sun- day in Baghdad with Saddarn, was that the inslxx :tors would be supple- mented with a diplomatic contin- gent. Iraq has contended that Amer- icans among the inspectors were spies. '"there are details In the agree- ment that have to be fleshed out," President Clinton said. Some may become clear after Mr. Annan re- turns to New York on Tuesday. Then, President Clinton said, "we need to test the agreement and verify that the conunitments which are made in writing are kept in fact." Iraq's deputy prime minister, Tariq Aztz. who signed the accord with Mr. Annan. said in Baghdad, "It was diplomacy — wise, balanced United Nations, world diplomacy — that enabled us to reach this agree- ment." damage was concentrated near the Sanford airport, but houses and mo- bile homes also were damaged and destroyed. The stone spared some houses and demolished others in Midway. Roofs torn from their homes littered the fields. Pink insulation and shiny sheet metal from mobile homes hung high in trees like giant confetti. A red pickup truck was lodged in a tree and pointed up at a 45- degree angle. Inside a house, a neatly made bed remained with a shelf of videos still in place above it. John Burch's house lost its roof but he and his sister Cathy were spared. 'We just lid in the bathtub until it was over," he said. Tornadoes killed hundreds By The Associated Press Deadly tornadoes across the United States: May 27, 1896 — At least 300 killed in eastern Missouri and southern Illinois. May 18, 1902 -- 114 killed In Goliad. Texas. March 18, 1925 -- 695 killed and 2.000 injuaxl in Missouri, Illi- nois and Indiana in the fastest and deadliest tornado on record. ac- cording to the National Weather Service. March 21, 1932 — 268 killed in a series of tornadoes in Alaba- ma. April 5, 1936 — 455 killed in Mississippi and Georgia. April 6, 1936 — 203 killed in Gainesville, Ga. June 23, 1944 — 150 killed in Ohio, Pennsylvania. West Virginia and Maryland. April 9, 1947 — 169 killed in 'i'exas. Oklahoma and Kansas. March 21, 1952 — 208 killed in a series of tornadoes in Arkansas. Missouri and Texas. May 11, 1953 -1 14 killed and 597 injured in Texas. June 8, 1953 -- 142 killed in Michigan and Ohio. May 25, 1955 — 115 killed In Kansas, Missouri, Oklahoma and Texas. March 31, 1962 — 17 killed, 100 injured in Florida. April 11, 1965 -- 271 killed in Indiana, Illinois, Ohio, Michigan and Wiscnnvsin. April 4, 1966 — 11 killed, 530 injured in Florida. Feb. 21, 1971 - - -- 110 killed throughout Mississippi Delta re- gion. April 3-4. 1974 — 350 killed in Alabama, Georgia, Tennessee, Kentucky and Ohio. April 19, 1988 — 4 killed, 18 injured in Florida. Oct. 3, 1992 — 3 killed, 75 in- jured in Florida. March 12, 1993 (Stomp of the Century) — 3 killed, 10 injured in Florida. PLATT CHIROPRACTIC, P.A. TREATMENT FOR: • Back Pain • Neck Pain • Stiffness • Numbness • Headaches • Arthritis • Bursitis • Hip Pain • Whiplash • Painful Joints • Shoulder Pain • Arm/Leg Pain KEVIN PLATT, D.C. Call me today and let me help you. FREE INITIAL CONSULTATION 763 -2400 3248 Hwy. 441 South (next to Winn Dixie) Northeast of Orlando in WI sia County, a man was killed when iris hailer home was destroyed, sheriffs investigator Derrick Clark said. I lis girlfriend heard the mar of the np proaching stone and ran next clooT for safety, but the refused to go. 115' Wallet was demolished in three min utes. Three tornadoes hit the Or ange County town of Winter Gar den. 15 miles west of Orlando. i One person was killed at a ran bile home park and at least 115 homes and eight apartment I ELECTRONIC FILING Open - Monday film 1 Saturday • 9 a.m. to 5 p rn. R &R's Rapid NFW U 2570 N.W. 16' Blvd.. Olce' (in the Industri.•� Get Rear Great seats are purcil Tickets Available at: Mee. SE Eli's Western Wear 907 W.N. Park St. Okeechobee (941) 763 -2984 1- 800 - 226 -3570 e i /o* OKEE'e I a, g O �..... 1 ■ 1 b. • • ��OR10;j1'11 r TO: L PURCHASE REQUISITION City of Okeechobee 55 S.E. THIRD AVENUE OKEECHOBEE, FLORIDA 34974 -2932 (941) 763 -3372 FAX: (941) 763 -1686 Okeechobee News Post Office Box 639 107 S.W. 17th Street, #D Okeechobee, Florida 34973 -0639 THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION OF PROCUREMENT MANAGEMENT. IMPORTANT: THIS NUMBER MUST BE SHOWN ON ALL INVOICES, PACKAGES, CASES, TICKETS AND CORRESPONDENCE. SHIP TO: Bonnie S. Thomas, City Clerk City of Okeechobee 55 Southeast 3rd Avenue !Okeechobee, Florida 34974 INVOICE IN DUPLICATE: City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 L T T GATE 02/ 19/9 VENDOR N0. n/a DELIV Y DATE n/a SHIP�VVIq BBBEST WAY / �.l.IlESTINATION Illl dd T 3( a�a+a ITEM NO. ACCT. NUMBER QUANTITY UNIT DESCRIPTION UNIT AMOUNT 1 10./,91 ,J 2 512 -4900 4 i rj 1 each Display Ad - Ord 710 WalMart Annexation w/ map Publish: 2/2/.Sun. 3/1 Sun TOTAL 3(01. `� (�/ $ CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE. EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST. STATE SALES TAX EXEMPTION NO. 57 -03 -004146 -54C FEDERAL 1.D. NO. 59 -6000 -393 AUTHORIZED SIGNATURE RECEIVING RECORD The Daily Okeechobee News P.O. BOX 639 • OKEECHOBEE, FL 34973 • (941) 763 -3134 • FAX (941) 763 -5901 City of Okeechobee 55 SE 3rd Ave. Okeechobee, FL 34974 Date: Account #760220 Legal # Description of legal: LEGAL INVOICE 3 1I= 33 63 3 (d/( Proof . $ubli ation charge: $ 2.00 i i The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (813) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Richard Hitt, who on oath says he is publisher of the Okeechobee News, a DAILY newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of adver- tisement, being a in the matter of in the 19th Judicial District of the Circuit Court ofOkeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. p, ((.L!tir "( Sworn to and subscribed before me this day o No y Public, State ; f Florida at La ge A.D. 19 .90" NOTICE OF PUBLIC HEARING AND PROPOSED ENACTMENT OF ORDINANCE NO. 710 VOLUNTARY ANNEXATION OF CERTAIN PROPERTIES ALONG STATE ROAD 15 (US 441) INTO THE CITY OF OKEECHOBEE THE CITY OF OKEECHOBEE gives Notice that it shall hold a public hearing and consider adopting Ordinance No. 710 at its meetings on the 3rd day of March, 1998 and the 17th day of March, 1998, each commencing at 6 p.m., in the City Council Chambers, 55 SE 3rd Avenue, Okeechobee, Florida. entitled: An Ordinance providing for the Annexation of lands along SR 15 (US 441), under Section 171.044, Florida Statutes, or lands contiguous to the City of Okeechobee, Florida owned by Etta Merle Hendry. A copy of the proposed ordinance and exact legal description may be obtained at the City of Okeechobee, 55 S.E. 3rd Avenue, Okeechobee, Horida. The land to be annexed is general described as: The real property located on the West side of State Road 15 (US 441), and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida, con- sisting of approximately 27. 14 acres and more particularly described in "Exhibit A ". attached hereto and made a part hereof by reference. A map of the property to be annexed is attached as "Exhibit B ". Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. If any person desires to appeal any decision made by the City Council with respect to any matter considered at the hearing, such interested person will need a record of the pro- ceedings and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Exhibit B In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial accommodation to participate in this proceeding should contact Bonnie Thomas no later than two (2) working days prior to the proceeding at 941/762- 3372.; if you are hearing or voice impaired, call TDD 941/534 -7777, or Florida Relay Service 1 -800- 955- 96770. James E. Kirk Mayor City of Okeechobee Bonnie S. Thomas, CMC City Clerk Notice is given this 22nd day of February, 1998 NOTICE OF PUBLIC HEARING AND PROPOSED ENACTMENT OF ORDINANCE NO. 710 VOLUNTARY ANNEXATION OF CERTAIN PROPERTIES ALONG STATE ROAD 15 (US 441) INTO THE CITY OF OKEECHOBEE THE CITY OF OKEECHOBEE gives Notice that it shall hold a public hearing and consider adopting Ordinance No. 710 at. its meetings on thc 3rd day of March, 1998 and the 17th day of March, 1998, each commencing at 6 p.m., in the City Council Chambers, 55 SE 3rd Avenue, Okeechobee, Florida. entitled: An Ordinance providing for the Annexation of lands along SR 15 (US 441), under Section 171.044, Florida Statutes, Of lands contiguous to the City of Okeechobee, Florida owned by Etta Merle Hendry. A copy of the proposed ordinance and exact legal description may be obtained at the City of Okeechobee, 55 S.E, 3rd Avenue, Okeechobee, Florida. The land to be annexed is general described as: The real property located on the West side of State Road 15 (US 441), and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida, con- sisting of approximately 27. 14 acres and more particularly described in "Exhibit A ", attached hereto and made a part hereof by reference. A map of the property to be annexed is attached as "Exhibit B ". Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. If any person desires to appeal any decision made by the City Council with respect to any matter considered at the hearing, such interested person will need a record of the pro- ceedings and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes thc testimony and evidence upon which the appeal is to be based. Exhibit 8 In accordance with the YICrNITY YAP Americans with Disabilities Act. (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial accommodation to participate in this proceeding should contact Bonnie Thotnas no later than two (2) working days prior to the proceeding at 941/762-3372.; if you are hearing or voice impaired, call TDD 941/534- 7777, or Florida Relay Service 1 -800- 955- 96770. James E. Kirk Mayor City of Okeechobee Bonnie S. Thomas, CMC City Clerk SW;kct tat (City Limits .1, JI 11 - ;- -4-'- - P. 1Wi.N 37! Notice is given this 22nd day of February, 1998 Obi • 1 • 1 PROPOSED SITE r TO BE ANNEXED 4I. .S_ fety 'eb. fhe .ee art-' Jnit esh 1 .s Ida 18 18 Joe Albers, senior field operations supervisor in charge of water quality monitor- ing in Okeechobee had the most money donated In his name and won the honor of kissing Miss Spam. fie money collected by South Florida Water man- agement District employees will go to fund cancer research. (Courtesy Photo) A new cure for cancer? Kissing a pig won't actually cure cancer but money raised by the event will fund re- search that eventually will lead to the cure. The Wetland Wonders team from the South Florida Water Management District (SFWMD) raised $875.80 toward the team's goal of $1,500 to the American Cancer Society's Relay for Life fund- raiser. The event was held this week by holding a "Kiss the Pig" contest for local employees and fiiends. Joe Albers, who Is senior field opera- tions supervisor In charge of water quality monitoring at the Okeechobee Field Sta- tion, took top honors by having more than $.510 donated is his name. Mr. Albers was later caught kissing Spam, a lovely little Vietnamese pot - bellied porker who was borrowed for the occasion by Kevin Brennan of Okeechobee. Okeechobee Service Center Director John Morgan who received more than $300 to donations, escaped first place and came in second only by donating $200 to Mr. Albers' pot in the final moments of the competition. SFWMD Governing Board Chalrrnan Frank (Sonny) Williamson was the largest contributor to the event winning the honor of choosing the spot In which Miss Spam was kissed. "I chose the right cheek," said Mr. Williamson, leaving the exact location of the srnooch up to the kisser, The Wetland Wonders Team is not less than $200 away from reaching their goal and will be selling chill Saturday night at the Thunder Cross Race Track They will also be selling baked goods in the lobby of the Okeechobee Service Center, 205 E. N. Park St. until the Relay for Life event on Feb. 27. Beautification ordinance now j under - co side 44;f: � on By 7WpA VAIFNIYNE . + t >•' has come to make l ' crystal clear that the staff Writer ,r�`:y"+ city is not going to tolerate the continuation 'e City of Okeechobee tl0iiiicil dls- of such sites.: '' a proposed Beautifcatllxl Ordinance He saki that whether it is ue1ev9 or during their Feb. 17 meeting. City Attorney value; tt should all be treated the same John Cook noted the feet that the city is the requirement of a fence. spending a large sum of money on the „, The proposed beautification ptdlnace de- downtown revitalization project there''? fines the terms of what Is considered aban- should be'sorn mechanism to make sure. doned property and what A g nuisance. those effhlts aren't In vain. Abandoned properleheeding to be tlofed that an ordtnance.l� altrady in shielded from pubjIe ?flew is defined In this but It needs to be up ed, and he's manner in the proposed ordinance: Junk, the definitions fopthaproposedordl- waste, disgtrded or salvaged property, rtance. He also added ptvi Islens and while el. Wrecked, inoperable or partially the proposed langua limits the ordinance mantled motors, tractors, farm Implements, to cornmergialbk zoned property. he said Itptratlers, frames or parts thereq(t;, cry should apply to Indusstrial trout as aPPUat and white dtF- welt.e said that in certain commercial and tures, furniture or simfiy, that are In strial areas they have It tied 014- stored or located rn a °'tether than a to- door storage of uteri in di , i �,, 'i, tally enclosed b structure, regard - He noted that in the Ods. :ordinance less of such properties value or Inherent there Is a requirement that fences be placed worth, and regardless or whether it Ls kept around these prppettles, but it has not been or stored tdyc t owner or agent for future enforced In the past. According to Mr. Cook, disposal, i.ee'br re -sale. Not included within the cure it, ordinance require an eight -foot *l r A fence a®und such areas. He said the time >Jti, $e IEA u lf�ICe/�TION)8' 'or :h 1 Ilan the o.'S rgic aid the the t in and 'ard ine ra I lay he Pith ent ,f a fhe Os. :en M. a.m. 1 r tic* By TWILA VALENTINE ti3 "agreements which then are required to be advertised for two consecutive week; pane x Su Staff Writer !.uz;i Judith Thomas, representing LaRue € sociates, the city's planning consul- ' t, addressed the City of Okeechobee mclt on Feb. 17 about the steps that 4111 be taken during theomtng month the annexation' pf he Wal -Mart -,property that currently lies in the untn- corporated area of the county. The parcel'• ?about 27 acres, lies east Of U.S. Hlghwa`y 441 South. The balance of the property, about Six acres, is already located within the Ineprporated city limits. 4-,j, Pis. Thomas said her; firm has been AA contact with the Nal -Mart legal uca Is dtattinifitte annexation to the local newspaper. ,{e� They are also providing a preclsnrt-' gal description of the acreage invotyeit ?, Originally the Wal -Mart atiorne'* hart drafted an annexation agreement, Ms, Thomas said, but it is being rewrit- ten to conform with similar ones for' Florida. 1>rPl set; W111 be in a position to approve the. The city wtu. so have to prepare and !'building plans for the long - awaited submit artipinendment }the City of . Wal -Mart SuperStore and a budding Okeechob 's Compretf isive Plarr;to permit my be Issued. accommodate the annexation. Progres study i nder way By TWILA VALENTINE 4 now in 1998 and to plan where the Staff Writer : city Is going down the road. The City, of Okeechobee is begirt- The fifth and final step is to develop ning a two -year process that wtll.cul- the anticipated amendments that minl}te with the first updateoof the need to be rfrade to the current com- clty's Comprehensive Plan through an prehensive plan to move it into fire fu- `Evaluation and Appraisal Report. ture with new goals and objectives. This is basically an audit of the Ms: Thomas said that once this comprehensive plan''to see if the city year -long process is completed. the fi- has met the goals and objectives since `,, cal EAR is sent to the Florida Depart- the plan weir originally adopted in' of Community Affairs which is 1990. @'fpm now on, the period be- , tweet} EAR evaluations will be'five year's; �udIth Thomas of the'City's plan- ning consultants, laRrte and Associ- ates, appeared before the Feb. 17 meeting of the City of Okeechobee Council to take them through the five step process It will take to produce the report, c� She told the council that the pro, cos will take approximately one year to complete. The first step of the process Is to provide baseline Information. That is what the city has now In the plan. It lays out the iplan as It exists at this .. time dl T City Administrator ft pbert Brad- shaw step is to evaluate the Shaw asked Ms. Thomas to also Ws- ; `achievement of Its objectives. It cuss the funding mechanism to un- probides an outline the goalatand ob- dertake this project. jectives of each of the plan's nine ere- She noted that the city has received ments. ?' $14,000in a FDCA matching grant The third stoff'1' to then do an which' means the city has to ma analysts of here the city is now, that amount for the total protect. " what chaflgebhave been done In the" 1V Councilman Dowling Watford asked way of` nnendments, where the c `l" if the council needed to. Approve the has grown. project. Mr. BradshaHf'''fiid the coun- The fourth step is to identify tperfu- cil had already apt, oved the EAR ture actions the city intends tv take. some months agorwd,: Ms. Thomas said that tad on the CouncllmanFWatford said he Just conditions at the tdrherthe original could not retuber a discussion and plan was adopted, rere the city is a vote on the 13 sue. ,ua`s Annexation requires two public hearings before the city council, 9khe said. The first Is expected to be he on March 6 and the final hearing and adoption of the agreement,wlll be On March 17 , '' lY Onc that step is finalized. the ckfgf; ndangered sparrow at center of prairie sanctuary controversy By TWILA VALENTINE Staff Writer Many of the problems over the Onlway- Whittell Kissimmee Prairie Sanctuary with the extremely wet water conditions revolve around the Florida Grasshopper Spanuw, classified as an endangered species. According to the handbook, Florida's Bids by Herbert W. Kale, 11 and David S. Maehr, the local birds are an Isolated endan- gered subspecies. They are darker than other species of sparrow with a white crown stripe, orange lores, buff breast, white belly and thinly staked flanks. The breeding season extends from April through June when three or four white, brown - speckled egg' are laid. Nests are oanstnucted of fine grass and placed on or near the ground. The preferred habitat is treeless and poorly drained. Typical plants include saw palmetto, cordgrass and scattered shrubs. The conversion of their nesting habitat to cattle rangeland has caused this species to decline. Much of the grassland and cattle pasture surrounding the north and west sides of lake Okeechobee is the preferred habitat. Commonly found between pine Ilatwoods or other wooded habitats and permanently wet sites, dry prairies depend upon fire to main- their simple treelces 6hzuchu e. Acxxnnkng to Do Paul Gray, the manager of the National Audubon Society's Kissim- mee Prairie Sanctuary is has been estimated that only 600 of these birds remained in 1997. Dr. Gray said they are found only in Flori- da, restricted to dry prairie habitats where they nest and feed on the ground. He said that currently there are only 10 pairs remaining in the sanctuary and that Is one-third of what was there several years ago. These have not successfully bred for the past three years. With a Ilfespan of from three to five years, that Is the reason for the urgency Dr. Gray exhibits when speaking of these bids. has said in meetings before the Gov - er.kg board of South Florida Water Man- agement District, that if the birds can't find dry grass within the 7,300 -acre sanctuarc by the beginning of Marvin, they won't nest. responsible for reviewing the report for sufficiency, They will respond with a report of comments and whether or not the - port Is sufficient. Once that FDCA Issues their corn- ..., ments, the city will then amend the plan based on the state agency's com- ments. Those amendments then have to be submitted for approval and she noted this part of the process also takes about a year to complete. Shertold the council that her firm has started on the base line,objec- tlyes, so the process Is underway. Graf wins singles match ... page 7 THURSDAY Teacher said taping nude youngsters ... page 2 50 TeX e pail eec: 0a„C' -rfl .n -sa+ 10.4710 .. �. ..... ...h St. n. Okeechobee, :'CY :5ee7w k b4:194;11763-3134,,i- - ry 1 1 ews -trt brief untie Indian 4-1-1 . to hotd'shows; safe Semilole:, i rrdarl 4�t;i,. memb ets utrom ..Tamper,. kloliywoot <,.' Immokalee,Big - Cypress and Reservations will be showerg their livestock pco)ects on y • : 19:'"at I Pip-. Orr x"4r ap Fee. "20 niece wilt be sale e°' iierai S p.m The sate p:statt promliayat.6 pin, There w� be about. 30 steels atxL 74 swaie bivibe shtrnm andsokL i ° The Seen no a -Tribe• of Florida otraes a tbca1 b th to come. out and orte 4 H ptograiris.' end Show Balms located at . Teti Bt Oil' Reservatiolu�4ri ,State Roadi721. Signs will direct aio x-tor 3TheL vesBOdtshoMrand) ale ; ^- fs' being held rrt fiction wish the '60t - Annual Brighton pielo`Days. wtuch ale Feb. 20; 21 aid Sheriff's officeoffers ,boating safe ties There will be a free boat safety course offered on Siaitfay 1=eb Y " 22,}rom 8 a.m. untW4 1i.h 1Tte c "s being rofferetby theOkee� �piaobee County_ Sheriff's Depart- meets Search and Rescue Unit arxk the Florida Game and Fresh Water Fish Cornnussiort : • 3. y • fund -raiser a md c u.a,; ^ z.Gs•t *seismic:: t a- - oil zl, e.t.uprA i x. n;, � n cm al coiUt QfS �oantea ay EL p"1 SNN tlFEI m° -"ea t l' tax - exempt religious organization barred r WASHINGTON (AP) —A federal grandju; fir . YH acharged Democratic fundgaisem= 7ria �I-b-iitf[a'1 "coiitidSUtlons 8bm °D1Po a1-_' '"fi31a Ott Wehnesday wltll disglri.4inglIIegatl r �:an„�tfa..�l t r. .Fr . � ..�+,�°. campaign contributions by. a California -been" IhlongantieipateiHsiair >dkdmeahad BuddhLstt®ple to the Clinton- Go:e:e -elec- obse:vds as a tion ramp and other politicians between:,: P . pote�_ fiat �� for vice F'resiaeatAr am., ark 1993 and 1996. G? a„ ac ± ,, . p ^1s c): >, --t ...vibe second indictment brought by the his Gore ,.r to seek the dency fa 2001) :` Justice Departments cam finance Mr Goat was not rl.actedin tee case, but' n campaign the E mentioned three fun�rat4 . task fare was hailed by Attorney' Geherar. ens that tie - attended and two that Pmsldent' Janet Reno as 'jret another forward' in t�trtnar attended Bar which the grand jurg her investigation of finance during -h ed, lisle raised, disguised contribu- the 1996 election. Ms: Reno has been under - llcan fire for to hand' the case ' none.: i�u: xti. „ ' R' ; �b �'`� � Three temple rums told 'a 'senate commit .' to an hndepeodentcounsel_ y tee last, fallthe:temple IIIegaly.':reimbursed` .' The Hsi Lai Temple, located- in the Los donors after an April 1996 find - raiser that Angeles suburb of Hacienda Heigh, - Call' t. Mr. Gorr attended there- The trues testified Joe Albers; senior -field aPe►aifons supervisor in change 60466 qucdtly rrtorotor ing in Okeechobee, hod the mostmoney donated in his name and won the honor of kissing Miss Spam. The money collected by South Florida Water man- agement Distinct errOloyees will go to font! cancer research. (Courtesy Photo) new'c� A TY;:� •..m4,a u mn1...,Lx is Formally incorporated as the . -. , •..nal Beau 0 . fi,sr. - o see CAMPAIGN/8 d • 2lJ,srsxt„ o- Averifit law Kissing a pig wont actually cure cancer John -Morgan who received more than but money raised by the evert will fund re- search that eventually will lead to the cure. ::.The Wetland Wonders team from -the South Florida Water Management District' (SFWMD) raised 8875.80 toward the team's goal of $1.500 in the American Cancer Society's Relay for life fund- raiser. The event was held this week by holding a 6300 in donations, escaped first place and came in second only by donating $200 to Mr. Albers' pot in the final moments of the competition. -.. • SFWMD Governing Board Chairman,. Frank (Sonny) Williamson was the largest contributor to the event winning the honor of choosing the spot in which Miss Spam -- city Is not _ • : � . - the co itlnuatixi Siff �sri 5. AD1 t.: Ordinance'.:- otHe -. - whetheriis Heelers or CityAttnrney _ .... • all betnedthe that the city is': • ',..." , ofafi:rtce. "eru'b'e. of money on the proposed beautifi atfoa Lion project th , the terms afivliaf is mechanism to dished*** ilif aren't invain. k• :' Abandoned ro. r, " eeding be that an omen :' in shielded from • . ` • is defined in this but it needs to be and he's manner in th4iVireed ordinance 'Junk the definitions fortheproposed ordi- waste, disrardd or salvaged property. ter 941 - 774 -E704 LARUE PLAN •,iNG 1 MGT 287 x'81 %01 7ED 18 '9G iS:47 ILaRUE PLANNING & MANAGEMENT SERVICES, Inc, Tidewater Building • 1375 Jackson Street • Suite 206 Fort Myers, Florida 33901 (941) 334 -3366 • (941) 334 -6444 • FAX (941) 334-6384 e -mail: jlarue11050ao1.com TAEMORANDUM Tw �: Bonnie Thomas, City Clerk F� om: Judith Thomas Si tbject: City of Okeechobee Proposed Annexation (Wal -Mart) - Notice of Public Hearing A. ite: February 18, 1998 A per my conversation with you, we should proceed with advertising the notice for a.r nexation on February 22' and March I". This will address the two (2) consecutive w !eks requirement of Chapter 171.044 for voluntary annexations. Since there are no guidelines for the ad, 1 would suggest we proceed with the requirement outlined in Chapter 163.3181, and specifically addressed in Chapter 166,041. This is the most e� tensive requirement, which is a display ad that should be at least two (2) columns wide by ten (10) inches long and a headline no smaller than eighteen (18) point. The ad should nc It appear in the legal notice section. Cmcerning the ad for the Ordinance, we should advertise on March 6th, which will meet the ten (10) days public hearing requirement before the adoption hearing on March 17t. 1.1 lope this has not confused you any further. If you have any question, give me a call . 11:T:1k _ed aee "r.,47;,atk —4 . �. 3 -- i tea. ai,e01 Y- _ /7 0-ca-7‘-- -(=,.- f,7rt = ;41a, . e ,e,r-,66,, d /cZ" �j� 11 — _24w ef,: d- f� 02-12-98 16:51 From-RUDEN MC CLCSKY RUDEN MCCLCISKY SMITH SCHUSTER & RUSSELL, P.A. DATE: FROM: FILE NO.: DIRECT DIAL NO.: 9547644996 T -767 P.01 /07 F -806 FACSIMILE COVER SHEET February 12, 1998 Susan P. Motley WA19583 -119 (954) 527 -2412 3u0 EAST BRUWAKD BOULEVARD FORT LAuOERDAtE, rLoRIDA i33u1 FOS t OFFICE BOx 1400 FORT LAUDERDALt, FLORIDA '13102 N u m11er of Pages: (Including this Cover Page) (954) 7(,4•on60 FAX 1954) 764.49 + IYtllere are any problems or complications, please notify us immediately at (954) 764 -6660 TO: COMPANY: FAX NO.: COMMENTS: Rubert Bradshaw Okeechobee City Hall (941) 763 -1686 THE INFORMA LION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE IND1v1DUAL OR EN ITfY NAMED ABovE W THE READER OF THIS MESSAC,E is NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY FROHLBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE IMMEDIATELY NOTIFY U5 BY TELEPHONE (IF LONG DISTANCE, PLEASE CALL COLLECT) AND RE'i'URN THE ORIGINAL__ MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S FOS i"AL SERVICE THANK YOU FTL 29x236.1 02 -12 -96 16:51 Frcm -RUDEN 14r CLCSKY RU DEN McCLt75KY SMITH SCHUSTER & RUSSELL, P.A. 9547644996 T -757 P.02/07 F -606 February 12. 1998 20o kASI BROWARD BOUItVAt J rum LAVDERDALE. FLORIDA 333u4 POST UFFIC[ BOX ;500 FOR1 LAUDERDALE. FLONDA :3302 (954)704-006U CA,A. 195417(24-0)96 wR;TER'S DIRECT DIAL Num8ER 19541 52 7 -241 2 E -MAIL: SPm4i9RUDEn CON4 VIA TF LFCOPY and RFCULAR MiiL Rohm Bradshaw, City Administrator City Hall 55 S.F. 3rd Avenue Okeechobee, FL 34974 Re: Nonce of Intent to Annex Certain Kcal Property into the City of Okeechobee, FL Pursuant to Pre - Annexation Agreement between City of Okeechobee, Florida ( "City "), Wal -Mart Stores, lac. ( "Wal- Mart ") and Etta Merle Hendry as Trustee of the Etta Merle Hendry Revocable Trust Agreement Dated December 5, 1994 Dear Robert: As we have discussed several times by telephone, Wal-Mart is close to closing on the property owned by Etta Merle Hendry. We hope to close on the property the week of February 16, 1997 We are requesting that the City commence the statutory notification process (which requires prior to actual annexation an advertised notice of the annexation at least once each week far two consecutive weeks in a newspaper in the City) so that we will be able to annex into the City as soon as possible after closing on the property. As you and I discussed., enclosed are a location sketch and a metes and bounds legal description of the property for you to include in the published notice. Please send me a recently passed ordinance so that 1 may follow the form of the City's ordinances in preparing the ordinance for annexation. The published notice must include the proposed ordinance number as well as a brief, general description of the area proposed to be annexed. Upon completion of the two consecutive weeks' notification, we can then annex into the City (assuming the closing has already taken place). Based upon our discussions, it appears we should advertise the annexation early in the week of February 16 and February 23 so that the City Commission may approve the annexation at its ';regularly scheduled meeting of March 3, 1998. Based upon my review of Section 171.044, Florida Statutes, which deals with voluntary annexations, it does not appear that two (2) readings are necessary to approve this unless the City has some requirements of its own that require two (2) readings. If this issue is unclear, we should have first reading at your next regularly scheduled meeting (February 17th) with second reading (and actual approval) on March 3, 198. Please consult with John Cook and call me to discuss. I can get a draft ordinance to you by Friday of this week if you fax me a prior ordinance today or tomorrow. rrt.:w)895•I FORT tAUPERDA.E • MIAASI • NAPLES • ST PETERSBuRC • SARASOTA • TAU.At1ASSEE • TAMPA • wEST PALM BEACn 02 -12 -98 16:51 From-RUDEN MC CLOSNY Memorandum to Harry St. Clair February 12, 1998 Page 2 954'644696 1-767 P.01 /07 F -806 You have agreed to provide me with the land use plan amendment application so that I can proceed to complete it. You will then proceed immediately upon annexation to add this property to your Land Use Plan Map- You and I have discussed that the City has no objection to Wal -Mart clearing and grubbing the property as well as proceeding with the reTnediation for the cattle dipping vats prior to the issuance of the building permit and prior to Wal -Mart closing on what is known as the Sir am Parcel (upon which the primary access to the store is planned). You and 1 have also discussed that although Wal- Mart's plans for the 441 median area were already approved by the City, the City may want to revise Those plans based upon a newer design the City is riow utilizing. I have told you that so long as the proposed cost to W al -Mart for the median improvement work does not increase from what was previously approved, Wal -Mart will cooperate with the Ciry in making changes to the median. As you are probably aware, the City, in Larry Kennet's letter of March 4, 1997, has previously approved plans for the store and has committed to the issuance of a building perrrut for its construction. The approximate size of the prototype store, however, has changed slightly since the issuance of Larry Bennet's letter and, therefore, this annexation is also contingent on written confirmation from the City that it will issue a building permit for these revised plans (which do not materially differ from those previously approved). We thank you for your cooperation and assistance and look forward to a smooth annexation into the Ciry. We believe you will all find Wal -Mart to be an outstanding corporate citizen of your City. Sincerely, RUDEN, McCLOSKY, SMIT SCH / ER & fir usan P. Motley cc! Judge and Mrs. William L. Hendry 6"M-297895 1 02 -12 -98 16:52 From-RUDEN SIC CLOSKY Memorandum to Harry St, Clair February 12, 1998 Page 3 Rob Bray Tim Cribb Don Moseley Gary Wallace Scots Doscher }:L:0 ?895:1 9547644996 T -767 P.04/07 F -806 02 -18 -1998 12:43PM FROM H.L. BENNETT, INC. • 02 -12-91 I:5t From-RUOEN MC cloMKY 9541644996 TO 1033319417631686 P.O=' 1-TST P,05/07 F-896 a 6ENP 1 s WCINJTY M E.. 4AR➢ 4,1=) - %.WOOMPO"INOWSINIPS=...1081...01~111■1■10•11MOIMMINIFIMUMIO \A atryi OR. r L TOTAL P.O2 02-12 -98 16:52 From-RUDEN )C CLOSKY 9547644996 7-767 P.06 /07 F -806 ALL THAT CERTAIN PIECE, PARC& OR TRACT OF LAND SITUATE. LYING AND BEING IN SECTIONS 27 AND 28. TO* P 37 SOUTH. RANGE 35 LAST. OKEECHCbEE COUNTY. FLORIDA, AS SHOWN ON THE CRIONM• CONVENT LAND CFFtCE (G.L0.) T0Y 45P1IP • PLAT AND AS APPROKD SY THE SURKTOR GDMERAL'ON SEP1iN R 29, 1903. ALL OF WHICH IS MORE PART1Cu6AR1.Y BOUNDED AND DES9RISED AS F01.1.QWS. To -WIT: ..c ENQNR FOR REFERENCE AT •A FOUND .5/8' IRON.' ROD WITH CAP (STAMPED 'P13 °.33727 AT THE EAST 1/4 SECTION CORNER Of SAO SECTION 28, ToWNs IP 37 SOUTH, RANGE 35 EAST: - T S NcE. BEARING SOUTH EIGHTY-NIHC DEGREES TFR0TY . MINUTES ZERO -f1YE 5 S - E5W 30' Ob'W) ALONG THE S0011: 144E OF 111E NORTHEAST 1/4 OF SECTION 211„ 10'$P 37 ,SOUTH,.RANGE 35 EAST. 'A DISTANCE OF TWO HUNDRED NINE't%SNEN 2ER0 7-FOUR HuNDREDTNS PEET 297.047 _TO• AST 7/5 EICk ROO wIT11 ALUMINUM CAP (STAMPED KO KS 5179 AND T11E PANT AND PLACE Of EEGINNIND OF The -PER 'R mono PARCEL: TseNcE. CONTINUtt4G ALONG SAME, BEARING SOuTtl EIGHTY-.NINE DEGREES THIRTY MINUTES ZERO -FIVE SECONDS WEST (S89' 30' 05'W) A DISTANCE OF S1xrf -TWO ARO ' MINTY-MK NUNDREDThS FEET (8Z.291 TO A SET P.K. VAL ANC DISK (STAMPED LB- 152'A PARRROTT EAST ET (100' *40E RIGHT OF WAY); KNOWN AS STAi1: ROAD • • 'THENCE I.EPANG NE SOUTH we OP THE NORTHEAST 1/4 of SECTION 28, BEARING NORTH ZERO DEGREES TEN MINUTES TWENTY- SENATE SECONDS WEST (N00' 10' 23'W) ALONG SAID EAST WHIT OF WAY UNE OF U.S. 441 A DISTANCE Of TWO HUNDRED FIRST ADDITION TO SOUTH OKEEt310ME. AS RC F'LATOOOIC 1.E PAGE 15`7,`X` 6�. gpROBEE COUNTY. FLORIDA: V NCE. LEAVING THE EAST RIGHT OF WAY LINE OF U.S. 441, ALAMO NORTH EIGHTY- ' NINE .DEGREES THIRTT 1AINUTES ZERO -FIVE SECONDS-EAST (M ' 3 05'E) ALONG SAM SOUTH UNE OF BLOCK 31, A DISTANCE OF TA(tE! p umm PIr r NINE AND FIFTY4IX KU NDPSOTH3 FEET (358.58') TO A SET_ .y/5 ' IRON ROD VAIN ALUMINUM ALLOY CAP (sTAMPEO MO PIS 5179) OW THE EST lad Or POO SECNON as THENCE. LtAMNG .11$E UNC Oi Mac s1; le+a NORTH D�GREES ZERO - MINUTES TWID SECONDS west (WC. la t2 W s1 i g� aF TWOO And ALONG THE EAST UNE 7 � RRCCC1 w► ALUUY UEtt�1YR� (STAMPED £ PLS(51179): TO A SET THENCE. ammo THE EAST UNE OF SECTION 28 ARO 21E EAST .{,per OF BLOCK 5;. BEARING NORTH 12041Y -NNE DEGREES EIGHTEEN MINUTES FORTY fCONDS EAST (N59' 18' 40'E). A Di5TAIlCf OF FOUR MUNORED EIGHTY -THREE APED THIRTY -'•AX HUNDREDT4S FRETS �36) TO A SET 7/8' IRON ROD WITH � ALLOY CAP (3TA4PF.O ECO PLS THENCE, SEARING NORTH ZERO amas TEN wiNUTES TWENTY-TREE SECONDS WEST (1100' 10' 23'W) A DISTANCE OF ONE HUNDRED TWENTY -ONE AND Wet -TWO PI JN0RE0ThS FEET (121.821. TO A SET 7/5' IRON R00 wiTH ALIAIMIUM AU.OY CAP (STAMPED ECO PLS 5171* THENCE, BEARING NORTH EIGNTT -NINE DEGREES EIGHTEEN UINIfTES FORTY SECONDS EAST (N89' 15' 40'E) ALONG THE NORM LINE OF THE SOUTH 1/2 Of THE SOUTHWEST 1/4 OF THE NORTHWEST 1" OF SA10 SECIIQN 27 A DISTANCE OF rrvc KINDRED YVIENTY-'FIGHT AND N u DT S7 S SET FEET (328.47') TO A S 7/S' IRON ROD WTH ALUMINUM AU.OY CAP (STAMPED - MENGE. OEAR3NRG SOUTH ZERO C3OREL3 TEN MINU1 S 1 TTY- TPIREE SECONDS EAST (SOW 10' 236E1 ALd4G A UNE ONE T10uSAID FOUR HUNDRED T*ENTY,-ONE AHD ScX1Y -ONE MOURNS MET 421.61') EAST OF AND PARALLEL '11T14 THE CENTE*-INE OF TtIE AFORESA{O U.5' 441: -A DISTANCE or SEvIA HUNDRED THIRTY ANQ ZERO: HuNOREDTHS FEET (730.00') TO A 'Sp- 7/r IRON ROO WITH At, uwINUTA ALLOY CAP (STAMPED .EGO PAS 5175); DANCE, BEARING 3o4TM I14 11Y- NNE OCGREES EJGNTEEN wINaTES FORTY SECONDS WEST (SW 1a' 40'W) A DISTANCE OF Two $u NPK Iv -nnvE• ARO. FORTY -ONE tfuNOREOTHs SET (2U.41') TO A SET 7 /d' IRON R00 +MTH AWI41NW4 AU.OY CAP .(STAMPED ICE PLS 5179; ' m ,4C�. BEARING SouTM EIGHTEEM OCC S .TWENTY •MNE MpiuTES FORTY -THREE Sfc01as EAST (Sir 29' 43'E) A DISTANCE Of 1WO HUNDRED 1T TY -FOUR AND PWIY -SX HUNDREDTHS FRET 234.56') TO A SET 7/54 PON ROD AVM -ALUMINUM AU.DY CAP (STAMPED Ed? PLs 5179 THENCE, REARING Saul N ZERO DEGREES TEN MINUTES TwEMnr -nom SECONDS � ((5�0p0p'' 10' 23'!) A DISTANCE OF 0NE,14UN0RIII SEVENTY- THREE AND SEVlNTY -Two -HUNDREDTH FEET 17172') TO A SET 4' x 4' CONCRETE 1404UI4EJIT 11TH A UI42NUTA ALLOY CAP (STAUPE7) IN.s.0 ?4Z Co. 1.8 82M • 02-12-98 16:53 Fron-RUDEN MC CLOSKY 9547644996 T -767 P.07/07 F -806 TWICE, BEARING SOUTH EIGHTY -NINE DEGREES sofa ai MINUTfs TvOrc- -EIGHT SECONDS . ( VW 1St WW N.0 G ME NORM UNE OF L J6OS OF CITY MARKETS VOIDING, INC. AS RECORCW IN oFF1OM. RECORDS 500K (D•R -.9.) 103. PAGE- 216:.AND OFK1QA♦. RECORDS SOOK (021 78 ID A %I 7S 7/ IRO ROD *ITN ALUMINUM Sal' CAP MO fC HPLS 5�TMs FEET AT THE SCUINEAfroceiNER Of THOSE LANO5 Of LOWS R. OCWCCO AS RECORDED IN oFF CIA). RECORDS 500K 200. PAGE S13 PU uC RECORDS- OF OKEECHOSEE COUNTY, FLORIDA; • O _0 THE . NORTH' LINE OF LANDS OF CITY M ARKIRN SU% D1NQ. INC., REARING NORTH • Z�t0-SE ETri M $1 . TWELVE SECONDS. MST NOW 07'12 W) ALONG ME EASTERLY u4.0F INOW I N1Q$ Of • LOI4IS R• DEM$CGO. A DISTANCE CIF FOUR HUMORED TWENTY - FOUR. AND FORTY eWNOREDT 4 FEET (424.40' TO A SET 7/14. 6R0 4 R00 WITH AUJMINUM AI.IoY GA• TWICE. cONflP4i,14 N-ONO,THE LANDS 0FFI.01SS.R. 6EARS4G'SOUTFI EIGHTY-NINE KO= 1NIR •. MINUTES,• 10-f SECONDS 'NEST (: OM A DISTANCE Cr THIRTY- NE AND n 30.00') TO A UT 7/i.:.IRON :RDA �18 AW M, wLLOY • .,•. *LONG MC LANDS OF LOUIS -R: OEMiDCO. %ARINO NORTH FAITYrTHRLE ' - SOUR MiH TES :ThEt�t1Y• -1HREr 3E� ' 0% % 23"W:4 A' DISTANCE .' . 0►' 111FTY. ''� Ems+ MPrCRWThS MT i v, g). TQ, The T,•ANQ. PLACE OF ONE IT W tiUN0R NINEIYTO3G 11 of NW s (i.i$2.z�.10) S�„1RP. RET. AR : 9Evas -vain �auRTED I iUNOREDtws (27.1 • Ae• SUA is , TO) AIL EAORENT11, TICKS' AH ;J1 STF6cTIO WS. AS CONTAINED MSC Ti1E CHAIN OF • r - `.' 71.... r., • ' Vii, - • . "' %. • • 273 IitiCl NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 7 OF 22 a ax}CC#€` ..:.:: :.: :....::AGENDA :: <: ',£ :.<; ... . UNPIt- ,ACT I©NIDISCUSSIOR.: -:, . kX r r+ p pia G. NEW BUSINESS Attorney Cook addressed the Council concerning a pre - annexation agreement between 3. C Consider a pre - annexation agreement - City A 274 NOVEMBER 19,1 996 - REGULAR MEETING - PAGE 8 OF 22 s4 y AGED COUNCIL ACT1ONIDISCUSSION G. NEW BUSINESS 3. Consider a pre- annexation agreement continued. The amendment Attorney Cook recommended is paragraph number sixteen of Exhibit Four, it says the City agrees that Wal -Mart shall have vested rights in the construction of the store. Vesting of Rights is essentially a principle that a land owner has an interest in property, that if that interest is extinguished or it's called a "taking° in the law, by a govemmental agency then that person has legal rights and remedies against the govemmental agencies. Meaning that if the City got through the process, the City said yes the plans look good, they go ahead and close on the property. If at the next City Council meeting we say we are going to change the zoning, we decided we do not want the store there, the land owner at that point would have invested certainly time and money in this project and if the City agrees their rights "vest" in this, which is what we would be doing, then we would be liable as an entity for changing in mid stream. Attorney Cook recommended adding the point and time that the vesting occurs. which would be appropriate when the "Notice of Intent" to approve the building plans was issued by the City. Attorney Cook then introduced Attorney Susan Motley in attendance on behalf of Wal- Mart Stores, Inc. Attorney Motley address the Council stating she was with the firm Ruden, McClosky, Smith, Schuster and Russell out of Ft. Lauderdale. She reiterated what Attorney Cook had stated previously and explained further why Wal -Mart wished - to annex the property into the City. She also advised that having a Wal -Mart Super Center will mean probably at least three hundred thousand dollars in increased revenues each year based upon the City portion of the sales tax as well as increased value of the property itself. This is an expanded store of approximately one hundred seventy -nine thousand square feet. This will mean more jobs for the community, there will be wider isles, more merchandise and a grocery store component. Council discussed paragraph sixteen concerning vesting at length. Council Member O'Connor moved that we accept the pre- annexation agreement as it's written including item number sixteen with Attorney Cook's amendment to define the vesting of Wal -Mart's rights under this agreement would occur at the point and time the City issues a Letter of Intent that permits will be issued; seconded by Council Member Chandler. AC ENDA; ju G. NEW BUSINESS 3. Consider a pre- annexation agreement continued. NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 9 OF 22 timct A t3NlIv11.WissIDN` A a. Discussion continued concerning vesting. Council Member Oliver asked Attorney Cook if he saw any downside at all for the City on this. Attorney Cook responded he did not think so. He had some questions about "what ifs" and there is always pitfalls but with the land that the City has and the Hendry land that we know is suitable for commercial in the area it's in, there is no question that the Department of Community Affairs is comfortable with this. The possibilities for the downside of this for the City are very remote and the potential gain in tax base and other benefits for the City far out weighs it. Council Member O'Connor expressed his opinion that this is a win, win situation for the City it will mean more jobs taxes and everything. This is an exciting time in Okeechobee's history. Council Member Watford then asked if item number seven of Exhibit Four provided any special treatment or privileges to Wal -Mart? Attomey Cook responded that that paragraph places a duty on the City that we will expeditiously issue permits and conduct inspections and not drag our feet basically, which is something that we provide to all our citizens. He continued that he did not want any intent to come out of this agreement that the City has rubber stamped this project without looking at plans and permits. That paragraph does not give any special treatment to Wal -Mart. Council Member Watford then asked on that same item it says "prompt issuance of certificates of completion and occupancy for the store. The City recently had a situation where a business was permitted to open when they received their certificate of completion rather than their certificate of occupancy. He wanted to know if Wal -Mart would be permitted to open before they receive their certificate of occupancy? Administrator Drago advised that the reason for the certificate of completion in there was, there could be some odds and ends, in this particular instance we would not give them a certificate of completion if the parking lot was half done. There could be time in which they may have the median strips formed but not landscaped or there could be some additional landscaping work on site or painting that has to be done or minor work on the retention ponds that really does not effect the overall operations of the store, allowing them to open but still as long as the City holds back that Certificate of Occupancy with a time limit they know they have got to complete the project, if not the City can walk in on whatever day it is and say you have got to close down, that is still an enticement for them to complete the project one hundred percent. 275 276 NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 10 OF 22 :.: '>+.r S w :s...:s.K ...:..... .::Zf .c ..�. . • ..•.<.. ,. ,.? ..::. �Li EtY Q� e ..:: c o . . ..... .. %Y' < ... .. _.._.. " Cy : . % .pV� S `\ : ' o hri� :. :100 u4$.: �iw „ . ? a G. NEW BUSINESS Council Member Watford stated he wanted to make sure everyone including the Staff understands it is only minor things not half the parking lot or those types of things. He then asked on the first page, the second "Whereas" states "will promptly initiate the process required by law to enact an ordinance" and asked if enact meant to pass or approve an ordinance? Attorney Cook answered no, it means the process of drawing up and implementing a public hearing. Council Member Watford then asked if the City had on staff the expertise to review this project properly. Administrator Drago responded the only area where there may have to be some outside expertise would be the sprinkler system. The last time the plans were reviewed by the City and County, Chief Tomey went to St. Lucie County and had some fire officials review it As far as the rest of it is concerned, Larry Bennett has the expertise to review the building plans, inspections, and drainage. The City and Wal -Mart have a comfort level that the level of expertise is there. Wal -Mart also has to go to all the regulatory agencies such as South Florida Water Management District, Department of Environmental Protection, Health Department and the Department of Transportation for permits. The City is not asking for anything above what the regulatory agencies require. Council Member Watford asked when should the Council discuss the level of services? Normally it is discussed at the time of the annexation. Attorney Cook advised he would want the Council to discuss it tonight because under the terms of this agreement once the City issues a Letter of Intent and the property closes, the City is agreeing to annex this property. Council Member Watford questioned the legality of this. Attorney Cook and Attorney Motley explained this is a voluntary petition for annexation, the land owner will be asking to come into the City. This is the very purpose on doing this agreement tonight. Wal -Mart is spending a lot of money processing and preparing plans. This whole idea of this is for the Council to agree that if Wal -Mart comes up with plans, submits plans that are in compliance with the City's Codes that the City issues a Notice of Intent to issue a building permit, approve site plans, signage plans, that the City is then committing to allow this property based upon the voluntary petition for annexation, that the City would permit this property to come into the City. 3. Consider a pre- annexation agreement continued. • NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 11 OF 22 G. NEW BUSINESS 3. Consider a pre- annexation agreement continued. Council Member O'Connor called the question. Council Member Watford called for a point of order. The Call for the question is technically a motion, it requires a second and vote. Mayor KGrk called for a second to the motion to call the question. On third call for a second, Council Member Chandler seconded the motion. Vote is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION DENIED. Mayor Kirk commented he was in favor of this agreement but everybody needs to be heard and get their questions answered. He continued that as long as Wa!-Man does the things that he is hearing they are going to do and the City reaches a point where they are satisfied b give Wal -Mart a Letter of Intent. then he did not have a problem following through with h 'rS ha: , his says vcCa,Usc t7,c City ;5 protected all the way up to that. They have get to meet all the regulatory agencies and zoning requirements, if the City is ready to issue he Letter then he is ready to annex it into the City so that we can benefit from the tax dollars. Council then began discussing the level of services again. Administrator Drago responded to their questions if he saw a problem with the City providing the level service that would be required for this project stating that if the building was not fully sprinklered then he felt there would be a fire protection problem, but considering the building is going to be fully sprinklered and there is going to be some large wet water retention ponds with some dry hydrants to supplement the water supply, and if the proper inspections are done on a routine basis to identify potential hazards and eliminate them then Wal -Mart does not posses an extra fire protection problem. 277 278 G. NEW BUSINESS 3. Consider a pre- annexation agreement continued. NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 12 OF 22 Conceming the Police level of service, some of these situations, the City will not know about until the store is actually up and operating to see whether the amount of accidents and traffic problems require more time in that particular area. He added that he felt if the land stayed in the County, the Sheriffs Department and Fire Rescue would not add additional personnel. There was a lengthy discussion between Council, Staff, Attomey Motley and citizen Bill Osterman who urged the Council to approve the pre- annexation agreement Council Member Watford was not comfortable with some of the language concerning the enacting of the annexation ordinance tied with the vesting of right Attomey Cook advised his review of this and discussions with Attorney Motley and examination of the agreement, the City is legally entitled to enter into this agreement. Council Member O'Connor commented Attorney Cook was our legal counsel and we have to go to him for guidance. Attorney Motley introduced Scott Dasher of Kimberly Horn who is the engineer on the project and Don Mosley. representative of Wal -Mart. They presented the site plan indicat nc the property alcng Highway 411 South. the store will face the North. old __k trees will be saved as much as possible on the property that actually fronts 441 to act as a buffer zone, there are two access points. A proposed traffic light for the entrance at South 21st Street, the other entrance will be for North bound traffic on 441 South on South 22nd Street. The mast arms will be the traffic lights, brick paver and landscaping in the medians and landscaping all around the store. Two wet retention areas, one dry retention area. Discussion continued between Council, Engineer Dosher and Mr. Mosley. Council Member Watford commented he agrees with what everyone said it is obviously in the best interest for the City, if it is going to be there it can be annexed and he really did appreciate Wal- Mart's interest and desire to do that. The only part that bothered him was the ordinance portion, but since Attorney Cook said is legal then he agrees to it G. NEW BUSINESS 3. Consider a pre- annexation agreement continued. C-rtsIder omen Ok _'I^che.. Ut lit X14 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. OKeechccee Udht' A'.:ti it'y Lrl. CCTiEdy aac'"ssra the requesting two amendments to the Interlocal. The first amendment is in Section 7.3. it states the OUA Board will adopt by May 1st 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 OUA 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 Kirk 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. X X X 279 • • ORDINANCE No. 712 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE No. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a comprehensive plan amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1 SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Comprehensive Plan Development Activities Amendment, Cycle I, 1998 ", pursuant to FLORIDA STATUTES 163.3184, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Comprehensive Plan Development Activities Amendment, Cycle I, 1998, is adopted pursuant to the provisions of Chapter 163.3184, Part II, Florida Statutes, SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described real property is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Application No. 98 -CI -001, from Okeechobee County Commercial to City of Okeechobee Commercial: See attached Exhibit "A" for the complete legal description. SECTION 4 INCLUSION OF ORDINANCE AND REVISED 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 provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994 ", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). Page 1 of 2 • SECTION 5 SEVERAB1LITY. 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 6 EFFECTIVE DATE. The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. INTRODUCED for first reading and public hearing on the 5th day of May, 1998. ATTEST::, Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading on the 14th day of July, 1998. C I} ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 ORDINANCE NO. 712 - EXHIBIT "A" 9 RI 51 99 IN IT 941,41 01: 54; 54 a 4 gig II! 4 al ; RAg > • 4 RAg >l >11galaag1 01 41 lira. or v w YG ink O n v it �' lX111 N�� ; 1e 8!Piiii 81lg: 1 1;! hIle pig qx1 le, a g„ ilk E m R iii 6 ,E,I aN N 5� 1 m 0,i iA� g=� ;It ''s a „4„ a -g Eli 7i. elm £� -- EP mg° y W$ A cp .f�s�j >Z. ili y 111 y 41 p -S G ° M g jpK Hi ��< -1ap�TYay jh " Ili !i! ilI o 1 i Al N 85 > r� ail agl ;gay ag” Ala O g G :r :r 8 gilx 0,A fillip E Ei i , 4 A x ; "Ali i till it al€ i ; 8 4At 4ONI isil 4il 41r : ; le x;1e a OUli Ili 41 14! lia4i il 1!� i > :A 115W1 1" iti 8 1:1 1 1%; 0100 il 1 , egp -1. 0. :1,7. 2p,m2x 4 g . ,,a1,2 mom 4i mpgi ,:�i sag R VON 2i1 A/ r 112-11 4211g tll ,gam im kg 14 WI gtS Gr �p °7 Fog G LEGAL DESCRIPTION: EXHIBIT 'A' (BY SURVEYOR) EXHDIT 'A' I! R {f1 S . O $ i A — a IQ . . i..... . .c WM I ft r �R WAL -MART NO. 814 OKEECHOBEE, OI HOBEE COUNTY, R ORDA "m " . 11 /11/1. • • ORDINANCE No. 713 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA REGARDING THE REZONING OF "UNPLATTED LANDS IN THE CITY ", AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM OKEECHOBEE COUNTY COMMERCIAL TO CITY OF OKEECHOBEE COMMERCIAL (C, COMMERCIAL), AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 25.15 acre(s), said land being more particularly described hereinafter, from Okeechobee County Commercial to City of Okeechobee Commercial (C, Commercial), which requests that this 25.15 acre(s) tract be removed from the boundaries of the above mentioned zones to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised zoning map as hereinafter set forth: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA THAT: Section 1. The following described land, located in the City of Okeechobee, to -wit: See attached Exhibit "A ". Section 2. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 5. This Ordinance shall take effect ten (10) days upon its passage. INTRODUCED for first reading and set for final public hearing on this 5th day of May, 1998. ATTEST: Bonnie S. Thomas, CMC, City Clerk Page 1 of 2 s E. Kirk, Mayor Passed and adopted after second reading and final public hearing this 14th day of Tnl Y.. 7 C) Al 1>✓ST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICENCY: I/ John R. Cook, City Attorney • Page 2 of 2 ORDINANCE NO. 713 - EXHIBIT "A" 9 RI !I !!III P4 I 194 lip > bzIfI ?q 14 ;11 -0-., i ;xi al g 0 15 vg igi b 8 1 A10 141 ig mmll N l t- b I j a Ili il p .N gN O U> �C qqq %1'1 gig ilg ' 10 S= ;11 ig �AN L So �C p g L §' 8'q A 4 N OV X 111! ;N-4 0 11 PM ill E !T,141 tiii 11 OT rig ' Pli WO 1 w E u -1 QpF ill 410 Si g 1dg igih WI !ill l s i : ?'' H I' 0 0 qe i.pg it mk, cig —g liM r 0 ,,1 M• c Ag! it R RA !I >t 3 BAN Pigii i 4 E44 °•t 2 ill IiIP 11431 g gQQ n N 01 ; , .8 m Y Y. e g 1 OA Og di 11"1 LEGAL DESCRIPTION: EXHIBIT "A' (BY SURVEYOR) EXHIBIT 'A' „ �a ! TN ! § !!F �^ f fir „'°,�oeaoa„c � OM =WO IR WAL -MART 8UP8RCENTER NO. 814 : :m Gs +w s