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2015-12-15CITY OF OKEECHOBEE DECEMBER 15, 2015 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 I AGENDA I COUNCIL ACTION - DISCUSSION - VOTE I I. CALL TO ORDER — Mayor December 15, 2015, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES Invocation to be given by Reverend James Shevlin, Church of Our Saviour; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Marcos MontesDeOca City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Five Year Longevity Service Award to Josh Sanders, Fire Department. Mayor Kirk called the December 15, 2015, Regular City Council meeting to order at 6:00 P.M. The invocation was offered by Reverend Shevlin of Church of Our Saviour; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent (Major Peterson was in attendance) Present Present Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business E was added on the revised published agenda to award a bid to Everglades Farm Equipment. On behalf of the City, Mayor Kirk and Fire Chief Smith presented to Mr. Josh Sanders an engraved silver pen and a framed certificate which read, "in recognition of your five years of servicd, hard work, and dedication to the City of Okeechobee, its citizens, and your fellow employees, as a Firefighter and Emergency Medical Technician from December 16, 2010 to December 16, 2015."Mr. Sanders, accompanied by his wife, offered his appreciation to serve the community. 41 488 AGENDA V. PROCLAMATIONS AND PRESENTATIONS CONTINUED B. Centennial Creative Writing Contest Awards. DECEMBER 15, 2015 — REGULAR MEETING - PAGE 2 OF 6 COUNCIL ACTION - DISCUSSION - VOTE The Centennial Celebration Ad Hoc Committee (CCAHC) sponsored a Creative Writing contest for all students in public, private and home schools of Okeechobee County, grades 3rd to 12th. The students had two options for creating their fictional narrative. They could portray their personal interaction with one of the following historical figures: Peter Raulerson, Louisiana Chandler Raulerson; Billy Bowlegs II, Lewis M. Raulerson, Ellis Meserve, Henry H. Hancock, Captain Tom Bass, Pogy Bill Collins, Will Harp, David R. McNeill, Dan McCarthy, Dr. Roy Darrow, Mrs, Anna Darrow, Reverend Connie Dean, Colonel Hamrick, Walter Sherman, William J. Hendry, Gilbert Culbreth, Sr., Victor Domer, Tantie Huckabee, Buster Farrell, Cornelius Vanderbilt Raulerson, Will Lee Coates, J.O. Pearce, Sr., or Tom Conley, II. Or, their involvement in one of the following historical events: the Okeechobee Land Company plans the Town of Okeechobee, the railroad comes to Okeechobee, the early stores and businesses on North and South Park Streets, the early churches, the early schools, the hurricane of 1928, or the early industries: newspaper, fishing, lumber, sawmill, canning plant, cattle, or citrus. On November 15, there were 33 Elementary entries received from 3rd to 5th grades, eight Middle School entries from grades 6th to 8th and five High School entries from grades 9th to 12th. Each story was scored based on 4 categories: Topic; Organization; Style; Grammar and Mechanics. The maximum score possible was 20 points. The finalists were asked to attend tonight's meeting in order to present the winners with their ribbons and prizes. Third Place Awards were presented by the Mayor and Council, each received a Centennial Commemorative lapel pin and a ribbon: Mya Billie (5th grade, attends South Elementary), Payton Collins (5th grade, attends South Elementary), Jasmine Desai (5th grade, attends South Elementary), Brianna Kelly (5th grade, attends Rock Solid Christian Academy), Nova Nichols (5th grade, attends South Elementary), Connor Wendt (5th grade, attends South Elementary), Taylor Whipple (3rd grade, Homeschooled by her mom, LiAnn Whipple), Joy Whipple (6th grade, Homeschooled by her mom, LiAnn Whipple), and Amber Marquette (9th grade, attends Okeechobee Freshman Campus). Second Place Awards were presented the same: Skyler Varnadore (5th grade, attends South Elementary), Haisley Kessler (7th grade, attends Yearling Middle), and Sonia Delgado Gutierres (10th grade, attends Okeechobee High). First Place Awards were presented a $100.00 cash prize, ribbon, commemorative lapel pin, and their story will be included in the Centennial time capsule: Emele Lawrence (5th grade, Homeschooled), her story titled, "Dr. Anna Darrow," was about a woman telling how Doc Anna, also known as the "Swamp Doctor", saved her mother's life when she came down with a deadly case of malaria after moving to Okeechobee from Ft. Pierce. Matthew Lawrence (7th grade, Homeschooled), his story titled, "Doc Anner," was about a man telling the story of how Doctors Roy and Anna Darrow saved his life when they were forced to amputate three of his fingers following a cotton mouth snake bite after he was thrown from his sorrel cracker gelding. Steven Perera (9th grade, Homeschooled), his story titled, "The Storm," was about Eugene Griggs, who at the age of 101 retold the tragic story of the day his mother, Dorothy, and childhood friend, Cecil, were killed in the hurricane of 1928. DECEMBER 15.2015 - REGULAR MEETING - PAGE 3 OF 6 V. PROCLAMATIONS AND PRESENTATIONS CONTINUED B. Centennial Creative Writing Contest Awards continued. VI. WARRANT REGISTER - City Administrator A. Motion to approve the November 2015 Warrant Register. GeneralFund........................................................................$ 570,105.03 General Fund Centennial Account ........................................$ 813.90 Public Facilities Improvement Fund .......................................$ 15,769.01 Capital Improvement Projects Fund ......................................$ 5,259.30 Law Enforcement Special Fund ............................................$ 300.00 VII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor A.1.a.) Motion to adopt proposed Resolution No. 2015-07, Fire Assessment — City Attorney (Exhibit 1). A.1.b.) Public comments and discussion for proposed Resolution No. 2015-07 The City thanked the independent panel of judges: Ms. Mary Hurley, Mr. Hank Raulerson, Mrs. Susan Smith, and the Contest Coordinator, Mrs. Jeanne Enfinger for their hard work. Council Member Chandler moved to approve the November 2015 Warrant Registers, in the amounts: General Fund, five hundred seventy thousand, one hundred five dollars and three cents ($570,105.03); General Fund Centennial Account, eight hundred thirteen dollars and ninety cents ($813.90); Public Facilities Improvement Fund, fifteen thousand, seven hundred sixty-nine dollars and one cent ($15,769.01), Capital Improvement Projects Fund, five thousand, two hundred fifty-nine dollars and thirty cents ($5,259.30), and Law Enforcement Special Fund, three hundred dollars and zero cents ($300.00); seconded by Council Member Watford. There was no discussion on this item. _ VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:24 P.M. Motion and second by Council Members Ritter and O'Connor to adopt proposed Resolution No. 2015-07. Attorney Cook read proposed Resolution No. 2015-07 by title only as follows: "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." This resolution is being presented for consideration as instructed at the October 24, 2015, City Council meeting. There are multiple steps required to consider adopting any non -ad valorem assessments. This is the first step and is essential to be adopted prior to January 1, 2016. It does not adopt the actual assessment or the amount Those must be addressed in separate documents and additional public hearings. It does however; provide the basis for considering this particular non -ad valorem assessment, which is to cover the costs for providing fire protection services and facilities. 490 DECEMBER 15, 2015 - REGULAR MEETING - PAGE 4 OF 6 VII. PUBLIC HEARING CONTINUED A.1.b.) Public comments and discussion for proposed Resolution No. 2015-07 This 24-hour, seven day a week service is a large expense for the City, coupled with maintenance and repairs of continued. equipment, continuous training of personnel and expanding duties implemented by the State. Since 2008 the City has had to balance the budget using non -restricted reserve funds due to declining property assessments, current and newly implemented State property tax exemptions, and minimal or no millage increases. Attorney Cook requested Staff research the number of residential properties and the amounts they are billed, following all applicable exemptions. Based on the research the City Clerk obtained from the Property Appraiser's Office, out of approximately the 2,017 non-commercial and non -industrial use properties, 549 pay $100.00 or less per year in ad valorem taxes. The remaining 1,468 tax payers are paying more than a 'fair -share' for the same service the 549 is afforded. The Mayor, Council, and Staff discussed the impacts of adopting the resolution, detailing the budget methods as required by the State, and how the projected budget amounts from reserves narrows by Fiscal Year each year due to cost saving measures implemented by each department, as well as additional services and/or requirements. However, continuing to use these funds year after year, no matter how large or small, is not proper budget planning. Historically, the City Council has always been frugal in planning to ensure sufficient funds are available for the years when there are no changes in the economy, as it has been since 2008. Non -ad valorem assessments provide a fee assigned to each unit (or parcel) and is not decreased by any exemptions so that everyone pays the same amount. Implementing assessment fees is not a new concept, and many other municipalities and counties have had to adopt them in order to provide services required by their citizens. Several years ago the City implemented this same process to provide the collection for solid waste services. Afterwards it was discovered many property owners were not paying for services received. The Mayor asked whether there were any comments from the public. Mr. Frank Irby, addressed the Council (as a City taxpayer), stating he has reviewed the City's audits and budgets since Fiscal Year 2009. The City is financially sound, as the fund balances are more than what is required by the state. He suggested that should this assessment be implemented it should be offset by reducing the millage rate. Mrs. Patsy Gelatka, Mr. Robert Stamm, and Mr. Jim Rath all were opposed of another tax being added to what they are already paying. They agreed it is not fair that there are some citizens that get away with paying none or very little taxes for the same services. They understand the importance of the Fire Assessment, and appreciate the response time within the City Limits being unmatched compared to the County. They suggested the same as Mr. Irby, lowering the millage rate to offset the Fire Assessment as an alternative. The Council appreciated the public's comments and suggestions, and will take them into consideration. The consensus of the Council is to adopt the resolution and move on to the next step in the process. DECEMBER 15, 2015 - REGULAR MEETING - PAGE 5 OF 6 Tv 1 VII. PUBLIC HEARING CONTINUED. A.1.c) Vote on motion for proposed Resolution No. 2015-07. CLOSE PUBLIC HEARING - Mayor Vill. NEW BUSINESS A. Motion to adopt proposed Resolution No. 2015-08, opposing legislation that restricts a municipality's home rule authority to set municipal election dates (Committee Bill PCB SAC 16-04) — City Administrator (Exhibit 2). B. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street to close Southwest 4th Avenue and the 300 Block of Park Street from 5 P.M. on January 22, 2016, to 5 P.M. on January 24, 2016, for the Top of the Lake Art Festival — City Administrator (Exhibit 3). KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'GONNOR — TEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 7:06 P.M. (Attorney Cook exited the Chambers at this time). Motion and second by Council Members Watford and Chandler to adopt proposed Resolution No. 2015-08, opposing legislation that restricts a municipality's home rule authority to set municipal election dates (Committee Bill PCB SAC 16-04). In the absence of Attorney Cook, Administrator MontesDeOca read proposed Resolution No. 2015-08 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, OPPOSING LEGISLATION THAT RESTRICTS A MUNICIPALITY'S HOME RULE AUTHORITY TO SET MUNICIPAL ELECTION DATES; PROVIDING FOR DISTRIBUTION BY CITY CLERK, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford relayed this item was a topic of opposition at the Florida League of Cities and Legislative Delegation meeting. This could have a big impact on our City depending on the final language of the bill, and it is another example of State Legislation eroding Home Rule Power. Administrator MontesDeOca will forward a letter with the resolution to the Florida League of Cities, who is collecting them to assist municipalities in their stance against the proposed bill, to be considered during the 2016 Legislation. VOTE: KIRK — YEA CHANDLER — YEA O'GONNOR — TEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member O'Connor moved to approve the Temporary Street Closing Application submitted by Okeechobee Main Street to close Southwest 4th Avenue and the 300 Block of Park Street from 5 P.M. on January 22, 2016, to 5 P.M. on January 24, 2016, for the Top of the Lake Art Festival; seconded by Council Member Watford. There was a brief discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. 492 DECEMBER 15, 2015 - REGULAR MEETING - PAGE 6 OF 6 Vill. NEW BUSINESS CONTINUED C. Consider a Temporary Street Closing Application submitted by Rock Solid Christian Academy to close Southwest 4th Street between Southwest 5th and 6th Avenues from 6 A.M. to 11 A.M. on January 9, 2016, for a 5K Race Fundraiser — City Administrator (Exhibit 4). D. Consider traffic signalization lights at Northeast/Northwest 9th Street and Highway 441 and Southeast/Southwest 6th Street and Parrott Avenue — City Administrator. E. Motion to award a bid in the amount of sixty two thousand, five hundred fifty-two dollars and ninety two cents ($62,552.92), to Everglades Farm Equipment John Deere, for the purchase of a John Deere Compact Track Loader 323E with two additional attachments, a 72-inch pickup broom and heavy duty pallet fork - Public Works Director (Exhibit 5). IX. ADJOURN MEETING - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City C dia are for the sole purpose of backup for official records of the Clerk. ATTE T: j James E. Kirk, Mayor Lane amiotea, CM , City Clerk Council Member Watford moved to approve a Temporary Street Closing Application submitted by Rock Solid Christian Academy to close Southwest 4th Street between Southwest 5th and 6th Avenues from 6 A.M. to 11 A.M. on January 9, 2016, for a 5K Race Fundraiser; seconded by Council Member Ritter. There was no discussion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Administrator MontesDeOca requested authorization to proceed to request funds from Heartland Regional Transportation Planning Organization (HRTPO) for traffic signal lights to be added and installed at the intersections of Northeast/Northwest 9th Street and North Parrott Avenue (Highway 441) and Southeast/Southwest 6th Street and South Parrott Avenue. These areas have been a concern for some time causing congestion and traffic delays for the public, commerce area, businesses and schools. The deadline to submit the application is February 5, 2016. He discussed the projects with local businesses and the School Board Officials, they are in favor of the traffic lights, and are offering support. The consensus of the Council is to authorize the Administrator to move forward with the application. Motion and second by Council Members Chandler and O'Connor to award a bid in the amount of sixty-two thousand, five hundred fifty-two dollars and ninety-two cents ($62,552.92), to Everglades Farm Equipment, for the purchase of a John Deere Compact Track Loader Model 323E with two additional attachments, a 72-inch pickup broom and heavy duty pallet fork. There was a brief discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Mr. Irby asked whether he could address the Council at this time. Mayor Kirk inquired whether it was related to a subject on tonight's, or a previous, agenda. Mr. Irby responded it was neither, and was regarding the recent installation of stop signs within Okeechobee Estates. Mayor Kirk then advised him of the appropriate procedure to have an item placed on the agenda. There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 7:19 P.M. The next Regular Meeting will be January 5, 2016. 0 Okeechobee News 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 863-763-31.34 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, that the attached copy of advertisement being a 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 I -�' lit ](5, 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 this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and,�bscribed b re the thi , I ,-- I t•��yll day of US��=�!/ C3 (S AD Notary Public, State of Florida at Large JI) L(Y MGIE BRIDGES ?*+= MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 ?p� y? Bonded Thnt Notary Public Underwriters PUBLIC NOTICE CITY COUNCIL MEETING NOTICIliE IS HEREBY GIVcnd EN that the City esC,ouncil for the City of Okeecho- oon there afte as poss ble, ateC ty HaII,T55 5 E3 d Ave 2Rm 2 0, Okeechos. bee, FL. The public is invited and encouraged to attend. The agenda may bee from atyofokeechobee.com or by calling the Office of the City Administrator, 863-763-3372 x212. lANY PERSON DECIDING TO APPEAL any dedsion made br the City C.OUnal with respect ro any matter wnsidered at this meetlng will heed 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 accor- dance with the Americans with Disabilities Act (ADA), any person with a d sability as defined by the ADA, that needs special accommodation topar- tidpate in this proceeding, contact the City Gerk's Office no later than two business days prior to proceeding; 863-763-3372. BE ADVISED that should you intend to any document, picture, video or items to the Council id support or opposition ro any Item on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. Byy: Mayor lames E. 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It is an honor for me to have this opportunity along with the Mayor and Council to offer a most sincere, "Congratulations, well done." May there be many more years to come. Should a scheduling conflict arise; please call my office, 763-3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so they, too, may share in this occasion. Sincerely, C A, Lane Gamiotea, CIVIC City Clerk/Personnel Administrator LG/mj Ecopy: Fire Chief Smith 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 Exhibit 1 Dec 15, 2015 RESOLUTION 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. Page 2 of 8 SECTION 10_• That this non -ad valorem assessment is to r collected overrequirement that the City of Okeechobee annually amortized over a number of years, so as to preclude the 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 relatdeferred payment, penalty for ing to1edi{ discount for early payment, prepayment sale of by tax installment method, d to dde d on he subject real property for non-payment. certificates SECTION 12. SEVERABILITY That if any portion of this resolution should be judicilly 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 Dearing held this 15t" day of December, 2015. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page of 8 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 00000'07" 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 89052'43" 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 89059'53" 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 N0, 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 00022'24" 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 89037'36" 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 THE NORTHEAST QUARTER ALL BEING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST; ADOPTED ON OCTOBER 3, 1989 BY. ORDINANCE N0, 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 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 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 89030'05" 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 0001023" 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 00010'23" 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 89018'40" 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 0001023" 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 89018'40" 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 18029'43" 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 00007'12" 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 FEET OR 27.14 ACRES. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN 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 89032'54" 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 00000-07" 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 89059'53" 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 31040'29" 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 11032'39"; 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 89032'54" 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 89032'54" 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 00000'07" 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 89059'53" 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 31040' 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 89059' 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 CITY OF OKEECHOBEE BOUNDARY Page 8 of 8 aNDEPENDENT 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, that the copy of advertisement being a_� --- r 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 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 ehis advertisement for publication in the said newspaper. Katrina Ehken Sworn to and scribed bee me this AD day of _RD.� n Notary Public to of Florida �at�Large - BRIDGES +� MYCDMMISSIDN A EE 1770 {r` EXPIRES: Apn120,2016 t 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 its 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 ho,irs, 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 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, oritem MUST be provided to the City Clerk for the City's records. Exhibit 2 RESOLUTION NO.2015-08 Dec 15, 2015 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, OPPOSING LEGISLATION THAT RESTRICTS A MUNICIPALITY'S HOME RULE AUTHORITY TO SET MUNICIPAL ELECTION DATES; PROVIDING FOR DISTRIBUTION BY CITY CLERK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, of Florida's 411 cities, town and villages, only 151 hold November elections; and WHEREAS, City Elections are non -partisan in nature, and shifting City Elections to November may cause City Elections to become injected into the partisan rhetoric usually associated with General Elections; and WHEREAS, many cities have staggered terms in order to maintain institutional knowledge on their City Commissions and Council. This proposal may adversely affect the ability for cities to maintain staggered terms; and WHEREAS, longer General Election ballots lead to voter fatigue with the possibility of voters not completing a ballot or voting on City questions usually found at the bottom of a ballot; and WHEREAS, holding a City Election in conjunction with the General Elections may require City candidates to compete with nation and statewide candidates to communicate their message, receive media attention and receive campaign contributions. This may lead to higher municipal campaign costs as City candidates may have to pay higher advertising costs. 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 urges Governor Rick Scott and members of the Florida Legislature to oppose the action that restricts a municipality's Home Rule authority to set municipal election dates. SECTION 2. That a copy of this Resolution shall be provided to Governor Rick Scott, Senator Denise Grimsley, House Representative Cary Pigman, and the the members of the Florida League of Cities. SECTION 3. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application thereof shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 5. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED at a Public Hearing held this 15th day of December, 2015. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney Resolution No. 2015-08 - Page 1 of 1 Pagel of3 Exhibit CITY OF OKEECHOBEE Dec 1 F 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 218 Fax: 863-763-1686 PARK USE AND/OIL, TEMPORARY STRI<aET/ SIDEWALK CLOSING PERMIT APPLICAI~ION Lute Received: IM012015 Date Issued: Application No: I (, - or) I vent: I January 23 & 24, 2016 Information: Organization: I Okeechobee Main Street I Tax Excin )t No: Nlailing Address: 55 S Parrott Ave. Okeechobee, FL. 34972 Contact Pei-s0il: Jayce Fitzwater E-Mail Address: infoC(zokeechobeemainstreet.org Telephone: Work: 863.357.6246 1 Horne: I I Cell: �,r>rniniiiv of netivitiec! Top of the Lake Art Festival will include both gallery and chalk artists. Artists may decide to be a part or the juded show which Included prizes and ribblons. Non furled Will not compete but will be able to participate and hope to sell their pieces. Art Fest will include 01 and food of all kinds, This will be the second year of the Taste of Okeechobee. This event gives local restaurants a change to pair up with a Park St re(Wer and promote both businesses. The restaurants will also give samplings of their best dish to win the coveted "Best Taste of Okeechobee" award and bragging rights. This will include a live band and beer garden located next to 1 Stop Party Shop. It is understood that the entire beer tent area, including entrancelexil, must be fenced and trash receptacles conveniently placed inside fenced area. All alcoholic beverages will be consumed within the fenced area and debris placed in receptacles. If necessary, Main Street will provide an individual at the entrancelexit to ensure Alcoholic beverages are not taken out of fenced area. Proceeds usage: Proceeds for this event will go to the operations and continuing efforts of Okeechobee Main Street to enhance downtown area as the heartbeat or the community. Please check requested Parks: Flagler Parks: ❑ City Hall Park ❑ 01 Memorial Park ❑ #2 14 P,3 ❑ #4 ❑ #5 ❑ #6 Met Address of event: Parcel ID: SW 4th Ave and the 300 block of Park street 5 TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (If not using Park(s), provide event address) Street Address City State Page ? of 3 Zip Code Street(s) to be closed: SW 4th Ave and 300 block of Park Street Date(s) to be closed: Friday January 22nd - Sunday January 241h Time(s) to be closed: Close streets Friday at 5pm and reopen at five pm Sunday Purpose of Closing: Top of the Lake Art Festival and Taste of Okeechobee Attachments Required: Charitable Function Temporary Street and Sidewalk Closing P Site Plan 1� original signatures of all residents, property owners and business owners affected by the closing. t� Copy of liability insurance in the amount of t�- Copy of liability insurance in the amount of $1.,000,000.00 with the City of Okeechobee as $1,000,000.00 with the City of Okeechobee as additional insured. additional insured. ® Proof of ►ton -profit status 1- If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be 1-Letter of Authorization front Property Ownel- attached for each. business. TUP can be obtained from the General Services Department. 9 State Food Service License, if a > >licable. > State Food Service License, if applicable. P State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note. - ID Clean-up is required within 24 hours. 1> No alcoholic beverages permitted on City property, streets or sidewalks. D> No donations cat► be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ® The Department of Public Works will be responsible for delivering the appropriate barricades. ® Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the City and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of (lie actual cost incurred by the City pertaining to the event including, but not limited to, Police, Fite, Public Works or other departmental expenses. The City reserves the right to require front an applicant a cash or cashier's check advance deposit in the stun approximated by the City to be incurred in providing City services. Any such suns not incurred shall be refunded to the applicant. Page 3 of 3 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MAST NAME CITY OF OKEECHOBEE AS ADDITIONAL INSURED. ,t 11120/2015 Apt ficafit Signature Date °O°°OFFICE USF ONLYdaoo Staff Review Fire Department- Date: Building, Official: Date: Public Works. -'� Date.. -- Police Department: ti Date: BTR Department: -t J Date:-%� City Administrator: Date: City Clerk: // CL�u l/72 �cGc' �� Date: /�2 4d/ 5� NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT TIC RTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date It- *"o, 4 .aF!s= ti� LT�f'ya 1 r J •. ..-rr 4 y�' itiSJr'r 1qt jyyy �. x � � c _ ,t�. � �` ,�(•� Viz: T. 7 r r ' x; � r3 . `, t .,� �•. eve--�-• pi �xo .: eui ? feed .. �00 metersi 50 'i