HomeMy WebLinkAboutOrdinance No. 22-1963 .ORDINANCE +: . _...-, : 4)4_
AN
AN ORDINANCE -PROVIDING CERTAIN PROCEDURAL
REQUIREMENTS AS CONDITIONS PRECEDENT TO
CITY COUNCIL'S RESOLUTION VACATING SUB—
DIVISION PLATS
WHEREAS Section 192.30 of the Florida Statutes 1961,
provide "that if such tractor parcel of land .is within the
corporate limits of any incorporated city or town the board of
county commissioners shall be furnished with certified copy of
resolution of the town council or city commission, as the case.
may be, showing that they have already by suitable resolution
vacated such plat or subdivision or such part thereof sought to
be vacated" , and,
WHEREAS neither the general law of this State nor the
special laws of this. State affecting the city of Cape Canaveral
provide the procedureby which the city council shall arrive at
its action in regard to 'a resolution; and;
WHEREAS this council deems it proper to protect certain.
public rights and provide fornoticeand hearing in regard to
its action vacating by resolution subdivision plats within the
territorial limits of the City of Cape Canaveral, now, therefore.
BE IT ORDAINED .BY THE CITY• COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA; AS FOLLOWS :
SECTION I. SUBDIVISION PLATS ; 'VACATION.—
" The city council of the City of Cape Canaveral, Florida,
may adopt resolutions vacating plats in whole or in part, of sub—
. . divisions located,within the City of Cape Canaveral , 1orida.
Before such resolution of vacation of any plat , either in`whole
or in part , shall be entered by the city council it. must be
shown conclusively that the person making application for said
vacation oWns a fee simple title to the whole or that part , of
the tract covered _by said subdivision sought to be vacated, and
it must be further shown that the vacation by the city council
of parts of plats will not affect the ownership of persons owning
0
other parts of said subdivision.
' SECTION II. NOTICE OF APPLICATION TO VACATE PLAT.-
-Before_ any such subdivision plat` shall be vacated,
the city council shall hold a public hearing and shall publish
notice thereof, one time, in a newspaper of general circulation
in such city at least one week prior to the date stated therein
for such hearing. After such public hearing, any action by the
city council as herein authorized shall be evidenced by a reso—
lution duly adopted and entered upon the minutes of the city
council. Any request by any person to vacate in whole or in
part a subdivision plat shall be in writing and shall be spread
upon the minutes of the city council.
SECTION ISI.
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, onIthis /7 day of _,( ,,,e_L/r1 1963 ,
0
Mayor
Attest :
Clerk ir
1st reading— 1:`.ed/�
2nd and Final -reading— p(r, //' — r
Posted on City Bulletin Board at City Hall o
Approved for form:
dity. Attorney