HomeMy WebLinkAboutOrdinance 23-1963�. MICROFILMED
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ORDINANCE i'UFIBE' 23c63
All ORDINANCE PROVIDING FOR THE ESTABLISiUla ,
LOCATIOII, CHAI:GE, OR DISCUITIRUAIME OF PUBLIC
STREETS BY THE CITY COUNCIL, AND PRESCRIBING
THE PROCEDU.0 THEREFORE
WHEREAS, Section 167,09, Florida Statutes 1961, grants
unto the city council authority to "lay off ... streets, avenues,
lanes, highways . as may seem necessary and expedient for the
.public health or interest" and may "discontinue any . streot�
avenue, highway or,any other way which has been ... laid out"
and,,
WHEM0 ; neither the general law of this State, nor
the special laws applicable to this City provide the procedure
by which this city council may discontinue streets, avenues,
and highways, and,
WHEREAS, Chapter 336, Florida Statutes 1961, does pro-
vide the 'procedure by vanich the respective Loarda of County
Commissioners may establish, locate, change or discontinue pub-
lic roads, and,
WHEib.AS, this council deems 'it advisable that the
public rights, of citizens of the City. of Cape Canaveral be pro-
tected to the came extent as if their ri,;hts were before another
authority, therefore, the said Chapter 336, Florida Statutes
..1961, is used as u guide for the follo:ring ordinnnae.
BE IT, ORDAINED BY VIE CITY COUI:(,IL OF THE CITY OF
CAF_.CAIGAVE &1L, FLORIDA, AS FOLLO4ia:
u2:CTION I. RELOCATION OR CITAI;G OF STREETS
The city council may establish, locate, change or dis-
continue public streets by resolution.
SECTION II. CLOSING AND ABANDOIIL E!,'11 OF STREETN: AUTHORITY
(1) The city council, with respect to )roperty under
its control may in its own discretioL, and of it:: own :lotion,
of upon the roqunat of any agency of the state, Gourty, or of
, feucral _-overnmPnt, or upon petition of any Doric:: m• person' ,
in i:o ±•eby authorized and empo'aered to:
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(a) Vacate, abandon, discontinue and alone any
existing public or private street, alleyway, road, highway, or
other place used for travel, or any portion thereof, other than
a state, county, or federal highway or road, and to renounce
and disclaim any right of the city and the public in an to any
land in connection therewith;
(b) Renounce and disclaim any right of the city
and the public in and to any land, or interost theroin,'acquired
by purchase, gift, devioc, dedication or prescription for street
alleyway, 'road or highway purposes, other than lands acquired
for state, county and federal highway; and
(c) Renounce and disclaim any right of the city
and the public in and to land, other than land constituting, or
acquired for, a state, county or federal highway, delineated
on any recorded map or plat as a street, alleyway, road or high -
way.
(2) The city council, upon such motion, request, or
petition, may adopt a resolution.decloring that at a definite
time and place a public hearing will be held to consider the
advisability of exercining the authority granted in thin section
SECTION III. CL03ING AND ABANDOI&Tj]jl.OF STRus S• FUBLICATIOI4
OF NOTICE
Before any such street' shall be closed and vacated,
or before any right or interest of the city or public in any
land delineated on any recorded map or plat as a street .shall
be renounced and disclaimed, the council shall hold a public
hearinc, and shall, publish notice thereof, one tine, in a news_
,paper of general circulation in ouch city at least two weeks
prior to the date stated therein for such hearing. After such
Public hearing, any action of the council, as hevein authorised',
shall be evidenced by a resolution duly adopted and entered upon
the minutes of the city council. The request of any agency of
the state, county, or of the United States, or of any person,
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to the city council to take such action shall be in writing and
shall be spread upon the minutes of the city council; provided,
however, that the city council of its own motion and discretion,
may take action for the purposes hereof. Notice of the adoption
of such a resolution by the city council shall be published one
time, within thirty days following its adoption, in one issue
of c newspaper of general circulation in the city. The proof
of publication of notice of public hearing, the resolution as
adopted, and the proof of publication of the notice of the
adoption of such resolution shall be recorded in the deed records
of the county.
SECTION IV
Article 1. All ordinances in conflict herewith are
repealed.
Article 2. This ordinance shall take effect immedi-
ately; upon its adoption.
ADOPTED by the 'City Council of the City of Cape
Canaveral, Florida, on this a day of
mayor
Attest:
a ty (. icrL'
lat readirs — A ' i
2nd and Final ea n6'�
Posted on City Bulletin Board at City Hall an
Approved for form:
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