HomeMy WebLinkAboutOrdinance No. 23-1963 MICROFILMED
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ORDINANCE NUMBEh 23- 63:::
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT ,
LOCATION, CHANGE, OR DISCONTINUANCE OF PUBLIC
STREETS BY THE CITY- COUNCIL', AND PRESCRIBING
THE PROCEDURE 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 . . . . street ,
avenue, highway or any other way which has been . . . laid out"
and, '
WHEREAS, 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' which the respective Boards of County
Commissioners may establish, locate , change or di'scont'inue pub-
lic roads, and,
WHEREAS , this .council deems it advisable that .the.
public rights of citizens of the City of Cape Canaveral be 'pro-
tected to the same extent as if their rights were before another
authority, therefore, the said Chapter .336, Florida Statutes
1961 , is used as a guide for the-following ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL,. FLORIDA, AS FOLLOWS :
SECTION I. RELOCATION OR. CHANGE OF STREETS
The city council may establish, locate, change or dis-
• continue public streets by resolution.
SECTION II. CLOSING ANDABANDONMENT OF STREETS; AUTHORITY
(1) ' The city 'council, with respect to property under
its control May in its own discretion, and of -its own motion,
of upon the, request of any agency of thea state, county, or. of
the federal government , or upon petition of any person or persons ,
ishereby authorized and empowered to :
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(a) Vacate, abandon, discontinue and close 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 interest therein, acquired
by purchase, gift , , devise, 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
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petition, may adopt a resolution declaring that at a definite
time and place a public hearing will be held to consider the
advisability of exercising the authority granted in this section
SECTION III. CLOSING AND ABANDONMENT OF STREETS ; PUBLICATION
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
hearing, and shall publish notice thereof, one time, ina news-
paper of general ':• circ,ulation. in such. city,'at least two weeks
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prior to .the date- 'stated thereinfpr such hearing. After such
public hearing, any action of the council , as herein authorized,
_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 councilto 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 a 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 /7 , day of
1963.
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Posted on City Bulletin Board at City Hall on ' 1, /7-- gt
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Approved for fox :
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