HomeMy WebLinkAboutOrdinance No. 11-1993ORDINANCE NO. 11 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; REPEALING AND RE-
ENACTING SECTION 2 OF THE CHARTER OF THE CITY
OF CAPE CANAVERAL TO REVISE AND RESTATE THE
DESCRIPTION OF THE BOUNDARY OF THE CITY OF
CAPE CANAVERAL; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Article I, Section 2 of the Charter of the City of
Cape Canaveral, Florida is hereby repealed and re- enacted as
follows:
ARTICLE I
Sec. 2 - Incorporation of the City of Cape Canaveral.
That a municipal corporation under and by the name of City of
Cape Canaveral is hereby created, organized and established in
the County of Brevard and in the State of Florida, which said
City shall embrace, include and have jurisdiction over all
that territory in Brevard County, described as follows:
The tract of land situated in Sections 14, 15, 16, 17,
20, 21, 22, 23, 26, 27, 28 and 29 of Township 24 South,
Range 37 East and being all of that land lying south of
the South limits of the Cape Canaveral Missile Test
Annex, now known as Canaveral Port Authority, extended
westerly to the center line of the established ship
channel in the Banana River, and extended easterly to a
point in the Atlantic Ocean 1,000 feet east of the mean
high water line of the Atlantic Ocean, and north of a
line described as follows: Beginning at the intersection
of a westerly extension of the South line of Lot 21 in
Banana River Estates, as recorded in Plat Book 10, Page
1, of the Public Records of Brevard County, Florida, and
the center line of the established channel of Banana
River; thence along such westerly extension and the South
line of Lot 21 in an easterly direction to the westerly
right -of -way line of Palm Avenue (SR No. 401); thence
continue along the Easterly extension of the last
described line to the East right -of -way line of Palm
Avenue (SR No. 401); thence northerly along the East
right -of -way line of said Palm Avenue (SR No. 401)
approximately 2,440 feet to a point in the middle of
Block 73, in the Avon -by- the -Sea subdivision which is the
point separating Lot 1 and Lot 9 in said Block 73, thence
easterly along the rear line of the lots in Block 73, 74,
75, and 76, being the blocks bounded on the North by
Johnson Avenue and on the South by Grant Avenue to the
intersection of this line with the mean high water line
of the Atlantic Ocean, thence East 1,000 feet to the East
boundary line hereinafter set forth; and bounded on the
West by the center line of the established ship channel
in the Banana River, and on the East by a line
paralleling the shoreline and 1,000 feet East of the mean
high water line of the Atlantic Ocean; excepting the
lands owned by the Canaveral Port Authority and/or any
additional Government owned lands as of January 12, 1962,
and including all litteral and riparian rights pertaining
thereto.
City of Cape Canaveral, Florida
Ordinance No. 11 -93
Page 2
TOGETHER WITH:
Lots 13 through 20 inclusive, Banana River Estates, as
recorded in Plat Book 10, Page 1 of the Public Records of
Brevard County, Florida.
TOGETHER WITH:
Lots Six (6) through Nine (9) inclusive, in Block
Seventy -Five (75) according to the Plat of Avon- By -The-
Sea Subdivision, as recorded in Plat Book 3, Page 7, of
the Public Records of Brevard County, Florida.
TOGETHER WITH:
Lots 9 through 12, Block 73, Avon -By- The -Sea Subdivision,
as recorded in Plat Book 3, Page 7, of the Public Records
of Brevard County, Florida.
SECTION 2. Nothing in this Ordinance shall be construed to
repeal or otherwise affect the validity of any ordinance or
resolution annexing territory or providing for excluding territory
from the City and all such ordinances and resolutions are hereby
recognized as continuing in full force and effect to the same
extent as if set out at length herein.
SECTION 3. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion
shall not affect the remaining portions hereof and it shall be
construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Brevard County, Florida, this 15th day of June , 1993.
Salamone, MAYOR
First Reading: 6/1/93
Posted: 6/5/93
Advertised: 6/5/93
Second Reading: 6/15/93
NO
Berger