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2015-07 Fire Assessment Initial ResolutionRESOLUTION NO. 2015-07 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ADOPTING UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS FOR PARTIAL FUNDING OF FIRE PROTECTION SERVICES AND FACILITIES WITHIN THE CITY OF OKEECHOBEE; STATING INTENT TO USE SUCH UNIFORM METHOD OF COLLECTION; STATING THE NEED FOR THE ASSESSMENT; PROVIDING A LEGAL DESCRIPTION FOR THE AFFECTED AREAS OF COLLECTION; AUTHORIZING SUCH AGREEMENTS WITH THE PROPERTY APPRAISER AND TAX COLLECTOR AS NECESSARY UNDER FLORIDA STATUTES CHAPTER 197.3632; PERMITTING PAYMENT OF ACTUAL COSTS OF COLLECTION; PROVIDING FOR PUBLICATION OF INTENT; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Okeechobee, Florida, provides as part of its service and obligation to the public, a fire department and facilities to provide rapid response to fires, and provide fire protection services 24 -hours a day as needed by the general public government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, such response and fire protection services and facilities provides a special benefit to both residential and commercial properties within the City, which protects both property interests and health and safety of our citizens, and such fire protection services and facilities bear a logical relationship to the benefits conferred upon such properties; and WHEREAS, the expense of fire protection services and facilities within the City should be fairly apportioned among all property owners on an annual basis, which traditionally is funded by ad- valorem tax collection. Current ad- valorem collections have not been sufficient to provide these services and other operations of City government and achieve a balanced budget, thus this assessment is needed to partially meet the demands of provision of fire protection services and facilities in the City. The goal of fair cost apportionment is not currently being met, as an examination of tax records reveals that due to the homestead exemption and other available exemptions to real property offered by the State, the cost is not being fairly apportioned. For example, in tax year 2014, of a total of 2,017 of residential properties within the City, approximately 549 of such properties pay less than $100.00 per year in ad valorem taxes due to such exemptions; and WHEREAS, the imposition of an assessment for fire protection services and facilities against real property in the City, together with additional funding by ad- valorem tax collection, will partially fund fire protection services and facilities, will spread the cost of such services among all property owners in a manner designed to be fairly shared by all, yet not be an undue burden to those citizens who pay little or no ad- valorem taxes presently, and which may permit the establishment of a lower millage rate in future years; and WHEREAS, the City is authorized by Florida Statutes to elect to use a uniform method of collection of fees /assessments through a non -ad valorem collection method, which is not based upon millage, and which may become a lien against a homestead as permitted by the Florida Constitution; and WHEREAS, a non -ad valorem system of collection within the City based upon the tax rolls of Okeechobee County promises a more efficient, thorough and fair method of collection of funds for partial operation of fire protection services and facilities within the City, which is a special benefit to the City, and to the citizens of Okeechobee as a whole. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the City of Okeechobee, Florida, is authorized by Florida Statutes Chapter 197.3632 to create a uniform method for the levy, collection and enforcement of non -ad valorem assessments. Page 1 of 8 SECTION 2. That the City of Okeechobee, Florida, has not in the past sought to create such a method of collection for Fire Services, and by this Resolution is the first time the City has elected to use such a method, and this Resolution may be adopted by the City at an advertised Public Hearing prior to January 1, 2016. Once adopted, the Resolution will be forwarded by United States Postal Service to the Property Appraiser, the Tax Collector, and Department of Revenue, prior to January 10, 2016. SECTION 3. In order to utilize this methodology of collection, the City must adopt a non -ad valorem assessment roll at a duly advertised Public Hearing between January 1, 2016, and September 15, 2016, and enter into a written agreement with the County Property Appraiser and Tax Collector to provide for reimbursement of necessary administrative costs associated with this system of collection, and the actual costs of collecting non -ad valorem assessments SECTION 4. That it is the intent of the City of Okeechobee, Florida, to use this uniform method of collecting monthly Fire Service fees by non -ad valorem assessments billed to each municipal property owner as reflected on the tax rolls of Okeechobee County, Florida. SECTION 5. The City of Okeechobee is permitted by law, in the event the City proceeds with this method of collection, to assess fees against real property by a demand based apportionment, which is on a per - dwelling fee, and on a square footage basis against commercial properties. Or, the City is permitted to assess fees on an availability apportionment, which is a fixed cost basis such that each parcel is assessed the same amount. The actual formula used and amount of the assessment is subject to change on an annual basis. SECTION 6. That the public hearing and notice of intent to adopt this Resolution has prior to its adoption, been published weekly in a newspaper of general circulation for four consecutive weeks prior to the public hearing. SECTION 7. The City of Okeechobee shall, at least 20 days prior to a Public Hearing adopting a non -ad valorem assessment roll and an ordinance creating and establishing this non -ad valorem method of collection, provide notice by first class mail, and publication, to each person owning property subject to the assessment, describing the effect of such an ordinance as set forth in Florida Statute Chapter 197.3632(4)(b), and that each property owners right to file objections with the City Council to the adoption of this ordinance within 20 days of such notice. SECTION 8. That this resolution is needed and necessary in order for the City to utilize a uniform, accurate and fair method of assessing the cost for fire services from each property owner within the City of Okeechobee, in a cost efficient manner. SECTION 9. That the legal description to the boundary within which real property will be subject to this non -ad valorem assessment is attached to this Resolution as an Exhibit, and incorporated herein by reference. SECTION 10. That this non -ad valorem assessment is to be collected over a period of more than one year, or is to be amortized over a number of years, so as to preclude the requirement that the City of Okeechobee annually adopt the non -ad valorem assessment roll. SECTION 11. Non -ad valorem assessments collected pursuant to this Resolution shall be subject to all collection provisions provided by law, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payments, and issuance of sale of tax certificates and tax deed on the subject real property for non - payment. SECTION 12. SEVERABILITY That if any portion of this resolution should be judicially determined to be unenforceable then the balance thereof shall continue to remain in full force and effect. SECTION 13. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED at a Public Hearing held this 15th day of AT,T: amiotea, CMC, City Clerk REVIEWED FOR LEGAL SU ICIENCY: John R. Cook, City Attorney Page 3 of 8 ber, 2015. James E. Kirk, Mayor Exhibit A Legal Description THE TERRITORIAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA, AS TODAYS DATE ARE AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15 IN TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND THEN RUN SOUTH TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THEN RUN WEST ALONG THE SECTION LINE DIVIDING SECTIONS 22 AND 27 AND 21 AND 28, TO THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THEN RUN NORTH ALONG THE SECTION LINE DIVIDING SECTIONS 20 AND 21 AND 16 AND 17 TO THE NORTHWEST CORNER OF SECTION 16 IN TOWNSHIP 37 SOUTH, RANGE 35 EAST, THEN RUN EAST ALONG SECTION LINE DIVIDING SECTION 9 AND 16 AND 10 AND 15 TO POINT OF BEGINNING; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 28 TOWNSHIP 37 SOUTH OF RANGE 35 EAST AND THEN RUN SOUTH TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 SOUTH OF RANGE 35 EAST, THEN RUN WEST TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28 TOWNSHIP 37 SOUTH OF RANGE 35 EAST AND THEN RUN NORTH TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 SOUTH OF RANGE 35 EAST, AND THEN RUN EAST TO POINT OF BEGINNING; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE 35 EAST AND BEAR NORTH ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 325.12 FEET TO THE SOUTH BOUNDARY OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THEN BEAR SOUTH 89 °59'53" WEST ALONG THE SOUTH BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177, A DISTANCE OF 351.67 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF STATE ROAD 15 (A /K/A PARROTT AVENUE); THEN BEAR SOUTH 00 °00'07" WEST ALONG SAID RIGHT -OF -WAY LINE A DISTANCE OF 301.12 FEET; THEN BEAR NORTH 89 °52'43" EAST ALONG SAID ROAD RIGHT -OF- WAY LINE A DISTANCE OF 20.00 FEET; THEN BEAR SOUTH 00 °00'07" EAST ALONG SAID ROAD RIGHT -OF - WAY LINE A DISTANCE OF 24.69 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 9; THEN BEAR NORTH 89 °52'43" EAST ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 331.66 FEET TO THE POINT OF BEGINNING. ALSO: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST AND BEAR NORTH ALONG THE WEST LINE OF SAID SECTION 10 A DISTANCE OF 325.12 FEET TO A POINT ON THE SOUTH BOUNDARY OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177; THEN BEAR NORTH 89 °59'53" EAST A DISTANCE OF 448.33 FEET ALONG THE SOUTH BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 207, PAGE 177; THEN BEAR SOUTH 00 °00'07" EAST ALONG THE EXTENSION OF THE EAST BOUNDARY OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS OF BOOK 207, PAGE 177, A DISTANCE OF 321.60 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 10; THEN BEAR SOUTH 89 °32'54" WEST A DISTANCE OF 448.36 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST; ADOPTED ON JUNE 6, 1983 BY ORDINANCE NO, 486 RECORDED IN OFFICIAL RECORD BOOK 284 PAGES 372 -373, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOT 6 AND THE SOUTH HALF OF LOT 5 OF BLOCK 44; LOTS 14 THROUGH 16, INCLUSIVE OF BLOCK 45; LOTS 11 THROUGH 16, INCLUSIVE. OF BLOCK 52; LOTS 1 THROUGH 6, INCLUSIVE OF BLOCK 53; LOTS 1 THROUGH 6, INCLUSIVE OF BLOCK 68; LOTS 11 THROUGH 16, INCLUSIVE OF BLOCK 69; LOTS 11 THROUGH 16, INCLUSIVE OF BLOCK 76 AND LOTS 1 THROUGH 6, INCLUSIVE OF BLOCK 77 ALL LOCATED IN CONNER'S HIGHLANDS. AS RECORDED IN PLAT BOOK 1, PAGE 21, OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON AUGUST 1, 1983 BY ORDINANCE NO. 489 RECORDED IN OFFICIAL RECORD BOOK 256 PAGE 991, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOTS 17 THROUGH 26, INCLUSIVE OF BLOCK 52 AND LOTS 1 THROUGH 10, INCLUSIVE OF BLOCK 69 ALL LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21 OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON DECEMBER 10, 1984 BY ORDINANCE NO. 526 RECORDED IN OFFICIAL RECORD BOOK 275 PAGE 1231, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; Page 4 of 8 AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOTS 1 THROUGH 6, INCLUSIVE AND 8 THROUGH 10, INCLUSIVE OF BLOCK 76; LOTS 17 THROUGH 26, INCLUSIVE OF BLOCK 69 ALL LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21 OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON NOVEMBER 19, 1985 BY ORDINANCE NO. 563 RECORDED IN OFFICIAL RECORD BOOK 280 PAGE 921, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOTS 1 THROUGH 10, INCLUSIVE OF. BLOCK 52; AND LOTS 17 THROUGH 26, INCLUSIVE OF BLOCK 45 ALL LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21 OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON DECEMBER 2, 1986 BY ORDINANCE NO. 583 RECORDED IN OFFICIAL RECORD BOOK 283 PAGE 790, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL "C ": SOUTH ONE -HALF OF SOUTHWEST ONE- QUARTER OF NORTHWEST ONE- QUARTER OF NORTHWEST ONE- QUARTER. LYING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; ADOPTED ON JANUARY 20, 1987 BY ORDINANCE NO. 587 RECORDED IN OFFICIAL RECORD BOOK 284 PAGE 374, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: LOT 7 OF BLOCK 76 LOCATED IN CONNER'S HIGHLANDS, AS RECORDED IN PLAT BOOK 1, PAGE 21 OFFICIAL RECORDS OF OKEECHOBEE COUNTY; ADOPTED ON SEPTEMBER 5, 1989 BY ORDINANCE NO. 613 RECORDED IN OFFICIAL RECORD BOOK 307 PAGES 220 -221, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL I -THE NORTHWEST ONE- QUARTER OF THE NORTHWEST ONE - QUARTER OF THE NORTHEAST ONE- QUARTER; TOGETHER WITH THE NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE- QUARTER LYING NORTH AND EAST OF TAYLOR CREEK; ALSO THE WEST 176 FEET OF THE NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE- QUARTER OF THE NORTHEAST ONE- QUARTER, LESS PLAT OF THE SECOND ADDITION OF OKEECHOBEE ESTATES, ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF LOT NO. 14, OKEECHOBEE ESTATES, ACCORDING TO RE -PLAT OF LOTS 1 TO 14 OF OKEECHOBEE ESTATES, AS RECORDED IN PLAT BOOK 3, PAGE 55, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THEN RUN SOUTH 00 °22'24" EAST FOR A DISTANCE OF 55 FEET, THEN NORTH 89 °37'36" WEST A DISTANCE OF 55 FEET MORE OR LESS TO TAYLOR CREEK, THEN NORTHWESTERLY ALONG THE BOUNDARIES OF TAYLOR CREEK TO A POINT OF AN EXTENDED LINE PARALLEL TO THE SOUTH LINE OF HEREIN DESCRIBED TRACT THEN SOUTH 89 °37'36" EAST FOR A DISTANCE OF 100 FEET, MORE OR LESS, TO POINT OF BEGINNING. ALL BEING IN SECTION 27, TOWNSHIP 37 ;:SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. PARCEL V- NORTHEAST QUARTER OF NORTHEAST QUARTER; EAST HALF OF NORTHWEST QUARTER OF NORTHEAST QUARTER LESS AND EXCEPT THE WEST 176.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF TI -II: NORTHEAST QUARTER ALL BEING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST; ADOPTED ON OCTOBER 3, 1989 BY ORDINANCE NO. 616 RECORDED IN OFFICIAL RECORD BOOK 307 PAGES 1405 -1406, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: PARCEL VI -THAT PART OF THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHEAST QUARTER LYING NORTH AND EAST OF TAYLOR CREEK; THAT PART OF THE SOUTH HALF OF NORTHEAST QUARTER LYING NORTH AND EAST OF TAYLOR CREEK; THAT PART OF THE NORTH HALF OF SOUTHEAST QUARTER LYING NORTH OF TAYLOR CREEK, ALL BEING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST; ADOPTED ON JANUARY 2, 1990 BY ORDINANCE NO. 622 RECORDED IN OFFICIAL RECORD BOOK 310 PAGE 480, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: ALL THAT CERTAIN PIECE, PARCEL Ok 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 5/8" IRON ROD WITH CAP (STAMPED "PLS 3372 ") AT THE EAST QUARTER SECTION CORNER OF SAID SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST; THENCE, BEARING SOUTH 89 °30'05" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 SOUTH, RANGE Page 5 of 8 35 EAST, A DISTANCE OF 297.04 FEET TO SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179) AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THEN, CONTINUING ALONG SAME, BEARING SOUTH 89 °30'05" WEST A DISTANCE OF 62.29 FEET TO A SET P.K. NAIL AND DISK (STAMPED LB 6221) ON THE EAST RIGHT -OF -WAY LINE OF U.S. 441, (A /K/A STATE ROAD 15 AND PARROTT AVENUE), 100 FEET WIDE RIGHT -OF- WAY;THEN, LEAVING THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 28, BEARING NORTH 00 °10'23" WEST ALONG SAID EAST RIGHT -OF- WAY LINE OF U.S. 441, A DISTANCE OF 242.00 FEET TO THE SOUTH LINE OF BLOCK 51 FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17, OKEECHOBEE COUNTY, FLORIDA; THEN, LEAVING THE EAST RIGHT -OF -WAY LINE OF U.S. 441, BEARING NORTH 89 °30'05" EAST ALONG SAID SOUTH LINE OF BLOCK 51, A DISTANCE OF 359.56 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179) ON THE EAST LINE OF SAID SECTION 28; THEN, LEAVING THE SOUTH LINE OF BLOCK 51, BEARING NORTH 00 °07'12" WEST ALONG SAID EAST LINE OF SECTION 28 AND ALONG THE EAST LINE OF SAID BLOCK 51, A DISTANCE OF 295.93 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, LEAVING THE EAST LINE OF SECTION 28 AND THE EAST LINE OF BLOCK 51, BEARING NORTH 89 °18'40" EAST A DISTANCE OF 483.36 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING NORTH 00 °10'23" WEST A DISTANCE OF 121.82 FEET, TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING NORTH 89 °18'40" EAST ALONG THE NORTH LINE OF SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27 A DISTANCE OF 528.47 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING SOUTH 00 °10'23" EAST ALONG A LINE 1421.61 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF THE AFORESAID U.S. 441, A DISTANCE OF 730.00 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING SOUTH 89 °18'40" WEST A DISTANCE OF 285.41 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING SOUTH 18 °29'43" EAST A DISTANCE OF 234.56 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, BEARING SOUTH 00 °10'23" EAST A DISTANCE OF 173.72 FEET TO A SET 4 "X 4" CONCRETE MONUMENT WITH ALUMINUM ALLOY CAP (STAMPED M.F. LENZ CO. LB 6221); THEN, BEARING SOUTH 89 °18'28" WEST ALONG THE NORTH LINE OF LANDS OF CITY MARKETS BUILDING, INC. AS RECORDED IN OFFICIAL RECORDS BOOK 205, PAGE 285 AND OFFICIAL RECORDS BOOK 201, PAGE 73, A DISTANCE OF 1021.76 FEET TO A SET 7/8" 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; THEN, LEAVING THE NORTH LINE OF LANDS OF CITY MARKETS BUILDING, INC., BEARING NORTH 00 °07'12" WEST ALONG THE EASTERLY LINE OF THOSE LANDS OF LOUIS R. DEMICCO, A DISTANCE OF 424.40 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, CONTINUING ALONG THE LANDS OF LOUIS R. DEMICCO, BEARING SOUTH 89 °30'05" WEST A DISTANCE OF 35.00 FEET TO A SET 7/8" IRON ROD WITH ALUMINUM ALLOY CAP (STAMPED ECD PLS 5179); THEN, CONTINUING ALONG THE LANDS OF LOUIS R. DEMICCO, BEARING NORTH 43 °44'23" WEST A DISTANCE OF 59.98 FEET TO THE POINT AND PLACE OF BEGINNING; THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 1,182,298.90 SQUARE FEE 1 OR 27.14 ACRES. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED VVITHIN THE CHAIN OF TITLE; ADOPTED ON MARCH 17, 1998 BY ORDINANCE NO. 710 RECORDED IN OFFICIAL RECORD BOOK 403 PAGES 1627- 1631, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. TOGETHER WITH: EAST PARCEL (1 of 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THEN PROCEED NORTH 89 °32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 315, PAGE 746 AND THE POINT OF BEGINNING. THEN DEPARTING SAID SOUTH LINE, RUN NORTH 00 °00'07" WEST ALONG THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 315, PAGE 746, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THEN DEPARTING SAID EAST LINE, RUN NORTH 89 °59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THEN RUN SOUTH 31 °40'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND A CENTRAL ANGLE OF 11 °32'39 "; THEN SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID Page 6 of 8 WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THEN DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 °32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 1.250 ACRES; TOGETHER WITH NORTH PARCEL (2 OF 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THEN PROCEED NORTH 89 °32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 315, PAGE 746; THEN DEPARTING SAID SOUTH LINE, RUN NORTH 00 °00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THEN CONTINUE NORTH 00 °00'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 219, PAGE 593, A DISTANCE OF 280.17 FEET; THEN DEPARTING SAID EAST LINE, RUN NORTH 89 °59'53" EAST PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN OFFICIAL RECORD BOOK 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THEN RUN SOUTH 31°40' 29" WEST, ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFORESAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 524, PAGE 180; THEN DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 °59' 53" WEST, ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.960 ACRES. CONSISTING OF APPROXIMATELY 2,659 ACRES, MORE OR LESS. (TOTAL AREA IN ACREAGE OF THE CITY OF OKEECHOBEE AS HEREIN DESCRIBED AS OF THE DATE OF THE LAST ANNEXATION ON MAY 19, 2015 SET OUT ABOVE). Page 7 of 8 co z x I- N CITY OF OKEECHOBEE BOUNDARY NW 14TH ST 2 NE 14TH ST Z m w S rn O c SR 70W NW PARK ST NE PARK ST SR 70 E ARROTT AVE Page 8 of 8 3AV Hl£ L 3 INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, the attached copy of advertisement being a �UE0 ' . l4 -CI in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of (401027; (a(I d I /so l s 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 she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing his advertisement for publication in the said newspaper. Katrina Elsken Sworn to ands scribed bef e me this),.e.4) �{ day of.0 P/YVN�C� �s AD Notary Public, State of Florida at Large t )l S i• ; /)) L/ ANGIE BRIDGES COMMISSION 1 EE 177653 EXPIRES: April 20, 2016 Bonded TNu Notary Public UMenndem CITY OF OKEECHOBEE, FL NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION AND COLLECTION OF NON -AD VALOREM ASSESSMENTS TO FUND FIRE PROTECTION SERVICES AND FACILITIES The City Council for the City of Okeechobee, is hereby announcing to fts citizens its intent to levy a non -ad valorem assessment for Fire Protection Services and Facilities by Resolution No. 2015.07, at a Public Hearing, set for December 15, 2015, at 6:00 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. All affected property owners in the City of Okeechobee, have the right to appear at the Public Hearing for comment and the right to file written objections to the Office of the City Clerk within 20 days of the publication of notice, or December 10, 2015. The proposed Resolution may be inspected in its entirety on the City's website cityofokeechobee.com or at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. The intent of proposed Resolution No. 2015-07, authorized pursuant to Florida Statute 197.3632, is to use the uniform method of collecting this assessment on the non -ad valorem basis through the Office of the Tax Collector and Property Appraiser of Okeechobee, County, Florida. The citizens affected by this are property owners within the entire City Limits as shown on the map below. A legal description: r CITY OF OKEECHOBEE BOUNDARY } T WEC RNV SEC 21 1 SEC 22 TW4437 TWN37 RNG 35. RNG.35 The entire incorporated area of the City of Okeechobee as re lected on the boundary description on the map of the City. Metes and bounds description available upon request to the Office of the City Clerk and contained within proposed Resolution No. 2015-07. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided tote City Clerk for the City's records.