Loading...
HomeMy WebLinkAboutCode Master Project 1978: Chapter 501: Establishment of Streets (No Change) (Use Original)17 LDR Codification May 1990 § 501. 01 STREETS § 501. 03 CHAPTER 501 STREETS Sec. 501 . 01 Authority to Plan Streets. This Chapter is adopted pursuant to the provisions of Florida Special Acts, Chapter 63-1144 . The purpose of these sections is to formulate and propose the reservation of locations for proposed future streets in connection with the preparation of the comprehensive plan or portions thereof. The Plan- ning and Zoning Board of the City of Cape Canaveral, Florida, is hereby designated as the planning commission provided for in said Special Acts. [Ord. No. 24-72 , § 1, 2 Jan 1973] Sec. 501. 02 Legal Status of Comprehensive Plan. When- ever a comprehensive plan for the area, or a portion of such plan corresponding generally with a functional sub- division of the subject matter or a geographic subdivision of the area has been adopted by the Planning and Zoning Board and approved by the City Council, then and thence- forth no street, park or other public way, ground, place or space, and no public building or structure shall be constructed, altered or authorized in the area until and unless the location and extent thereof shall have been submitted to the Planning and Zoning Board for a report on its approval or disapproval, including the reasons therefor. Within thirty (30) days after the request for such report has been received by the Planning and Zoning Board or within such other time limit as shall be agreed upon either such report shall be made or failure of the said Board to act shall be deemed approval. The Planning and Zoning Board' s report may be overruled by a majority vote of the entire membership of the City Council. [Ord. No. 24-72 , § 2 , 2 Jan 1973] Sec. 501. 03 Reservation of Location of Mapped Streets for Future Public Acquisition. After adoption of that portion of the comprehensive plan involving a major street plan for an area, the City Council may direct the Planning and Zoning Board to make or cause to be made sur- veys for the exact location of the lines of a street or streets in any portion of the area and to make a plat of the territory thus surveyed, showing the land which it recommends be reserved for future acquisition for public streets. The Planning and Zoning Board, before adopting any such plat, shall first obtain the approval of the City Engineer and the City Planner, then hold a public hearing thereon with due public notice. § 501. 03 STREETS § 501 . 03 208 After such hearing the Planning and Zoning Board may transmit the plat as originally made, or modified to the City Council, together with the Planning and Zoning Board' s estimate of the time or times within which the lands shown on the plat as streets location should be acquired by the City. Thereupon, the City Council may approve and adopt or may reject any such plat, or may modify it with the approval of the Planning and Zoning Board, or in the event of the Planning and Zoning Board ' s disapproval of the modification, the City Council , may, by a favorable vote of not less than four-fifths (4/5) of its entire membership, modify such plat and adopt the modified plat. In the Chapter adopting such plat the City Council shall fix the period of time for which the street locations shown on the plat shall be deemed reserved for future taking or acquisition for public use. Said period of time not to exceed twenty (20) years. Upon such adop- tion, the City Clerk shall transmit for recording in the public records , one approved copy of the plat to the Clerk of the Circuit Court of Brevard County and retain one copy for the purpose of public examination. Such approval and adoption of a plat shall not be deemed the opening or establishment of any street, nor the taking of any land for street purposes nor public use, nor as a public improvement, but solely as a reservation of the street locations shown thereon, for the period specified in Chapter of the governing body for future taking or acquisition for public use. The Planning and Zoning Board or any other official or agency of the City may, at the direction of the City Council, negotiate for or secure from the owner or owners of any such lands releases of claims for damages or compensation for such reservation or agreements indemnifying the City for such claims by others, which releases or agreements shall be binding upon the owner or owners executing the same and their successors in title. At any time after the filing of a plat with the Clerk of the Circuit Court or other recording official, and during the period specified for the reservation, the Planning and Zoning Board acting upon the instructions of the City Council and the owner of land containing a reserved street location may agree upon a modification of the location of the lines of the proposed street, such agree- ment to include a release by said owner of any claim for compensation or damages by reason of such modifications; and thereupon the Planning and Zoning Board may make a plat corresponding to the said modification and transmit 09 § 501. 03 STREETS § 501. 05 the same to the City Council and if such modified plat be approved by the City Council the City Clerk shall trans- mit for recording an approved copy thereof to the Clerk of the Circuit Court and said modified plat shall take the place of the original plat. After obtaining recommendations from the Zoning and Plan ping Board and holding public hearings with due notice, the City Council may abandon or amend any reservation and shall certify such abandonment or amendment to the County Clerk or other recording official. [Ord. No. 24-72, § 3, 2 Jan 1973] Sec. 501. 04 Buildings in Reserved Street Locations . After street locations have been reserved, as indicated in § 501. 02 , no building permit shall thereafter be issued for construction or alteration of any building in the bed of any such street, nor shall any building be in the bed of any street, nor shall any buildings be built therein; provided, however, that if the land within such mapped street is not yielding a fair return on its value to the owner, the Planning and Zoning Board shall have power in a specific case by the vote of a majority of its members to recommend to the City Council that a special permit be issued for a building in such street which will as little as practicable increase the cost of opening such street or tend to cause a change in the comprehensive plan, and such board may recommend reasonable requirements as a condition of granting such special permit. Before taking any action authorized in this Section, the Plan- ning and Zoning Board shall hold a public hearing and with due public notice, at which parties in interest and others shall have an opportunity to be heard, and there- after the recommendations of the said Board shall be submitted to the City Council for determination. [Ord. No. 24-72, § 4 , 2 Jan 1973] Sec. 501. 05 Closing and Abandonment of Streets; Authority. (A) The City Council, with respect to property under its control, may in its own discretion, and of its own motion, or upon the request of any agency of the state, county, or of the federal government, or upon petition of any person or persons, is hereby authorized and em- powered to: (1) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, § 501. 05 STREETS § 501. 06 211 c highway, or other place used for travel , or any por- tion 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 and to any land in connection therewith; (2) Renounce and disclaim any right of the city and the public in and to any land, or interest there- in, 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 (3) Renounce and disclaim any right of the city and the public in and to land, other than land con- stituting, or acquired for, a state, county or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway. (B) The City Council , upon such motion, request or 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. [Ord. No. 23-63, §2, 19 Dec 1963] Sec. 501. 06 Closing and Abandonment of Streets ; Publication of Notice. Before any such street shall be closed and vacated, or before any right of interest or 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, in a newspaper of general cir- culation in such city at least two weeks prior to the date stated therein for 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, to the City Council to take 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 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. [Ord. No. 23-63 , § 3 , 19 Dec 1963] Codified Jan 90 § 501 . 07 STREETS § 501 .07 210k Sec. 501 . 07 Civil Liability for Damage to Municipal Streets. Any person or entity is civilly liable to the City of Cape Canaveral for the actual damage to a street in the municipality by reason of their negligent or wrongful act; such damage may be recovered by suit including reasonable attorneys' fees in the collection of said damage. [Ord. No. 9-89 , §1 , 15 Aug 89] To be Codified Codified Jan 90 History File ORDINANCE NO. 9-89 • AN ORDINANCE AMENDING CODE CHAPTER 501 , STREETS, OF THE CODE OF ORDI- NANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ESTAB- LISHING CIVIL LIABILITY FOR DAMAGE TO MUNICIPAL STREETS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HERE- WITH ; PROVIDING AN EFFECTIVE DATE . BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 501 , Streets, of the Code of Ordinances is hereby amended by establising a new Section 501 . 07 as follows: Sec. 501 . 07 Civil Liability for Damage to Municipal Streets. Any person or entity is civilly liable to the City of Cape Canaveral for the actual damage to a street in the municipality by reason of their negli- gent or wrongful act; such damage may be recovered by suit including reasonable attorneys' fees in the col- lection of said damage. [Ord. No. 9-89, §1, 15 Aug 89] SECTION 2. All portions of the Code in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of August , 1989 . [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO HOOG YES KIDD YES [scribbled out name][didn't vote] RANDELS YES SALAMONE YES First Reading: 8-1-89 Posted: 8-2-89 Advertised: 8-3-89 Second Reading: 8-15-89 § 501. 05 STREETS § 501. 06 highway, or other place used for travel, or any por- tion 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 and to any land in connection therewith; (2) Renounce and disclaim any right of the city and the public in and to any land, or interest there- in, 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 (3) Renounce and disclaim any right of the city and the public in and to land, other than land con- stituting, or acquired for, a state, county or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway. (B) The City Council, upon such motion, request or 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. [Ord. No. 23-63, §2, 19 Dec 1963] Sec. 501 . 06 Closing and Abandonment of Streets; Publication of Notice. Before any such street shall be closed and vacated, or before any right of interest or 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, in a newspaper of general cir- culation in such city at least two weeks prior to the date stated therein for 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, to the City Council to take 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 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. [Ord. No. 23-63 , § 3 , 19 Dec 1963] /.07 STRE -s Sri. 0 7 C )12G CHAP 501 Sec. 501.01 AUTHORITY TO PLAN STREETS. This Ordinance is adopted pursuant to the provisions of Florida Special Acts, Chapter 63-1144. The purpose of these Sections is to formulate and propose the reservation of locations for proposed future streets in connection with the preparation of the comprehen- sive plan or portions thereof. The Zoning and Planning Board of the City of Cape Canaveral, Florida is hereby designated as the planning commission provided for in said Special Acts. [Ord. No. 24-72, §1, 2 Jan. 1973] Sec. 501.02 Legal Status of Comprehensive Plan. When- ever a comprehensive plan for the area, or a portion of such plan corresponding generally with a functional subdivision of the subject matter or a geographic subdivision of the area has been adopted by the Zoning and Planning Board and approved by the City Council, then and thenceforth no street, park or other public way, ground, place or space, and no public building or structure shall be constructed, altered or authorized in the area until and unless the location and extent thereof shall have been sub- mitted to the Zoning and Planning Board for a report on its approval or disapproval, including the reasons therefor. Within thirty (30) days after the request for such report has been received by the Zoning and Planning Board or within such other time limit as shall be agreed upon either such report shall be made or failure of the said Board to act shall be deemed approval. The Zoning and Planning Board's report may be overruled by a majority vote of the entire membership of the City Council. [Ord. No. 24-72, §2, 2 Jan. 1973] PAGE 1 OF 4 Sec. 501.03. Reservation of Location of Mapped Streets for Future Public Acquisition. After adoption of that portion of the comprehensive plan involving a major street plan for an area, the City Council may direct the Zoning and Planning Board to make or cause to be made surveys for the exact location of the lines of a street or streets in any portion of the area and to make a plat of the territory thus surveyed, showing the land which it recommends be reserved for future acquisition for public streets. The Zoning and Planning Board, before adopting any such plat, shall first obtain the approval of the City Engineer and the City Planner, then hold a public hearing thereon with due public notice. After such hearing the Zoning and Planning Board may transmit the plat as originally made, or modified to the City Council, together with the Zoning and Planning Board's estimate of the time or times within which the lands shown on the plat as streets location should be acquired by the City. Thereupon, the City Council may approve and adopt or may reject any such plat, or may modify it with the approval of the Zoning and Planning Board, or in the event of the Zoning and Planning Board's dis- approval of the modification, the City Council may, by a favorable vote of not less than four-fifths (4/5) of its entire membership, modify such plat and adopt the modified plat. In the Ordinance adopting such plat, the City Council shall fix the period of time for which the street locations shown on the plat shall be deemed reserved for future taking or acquisition for public use. Said period of time not to exceed twenty (20) years. Upon such adoption, the City Clerk shall transmit for recording in the public records, one approved copy of the plat to the Clerk of the Circuit Court of Brevard County and retain one copy for the purpose of public examination. Such approval and adoption of a plat shall not be deemed the opening or establishment of any street, nor the taking of any land for street purposes nor public use, nor as a public improvement, but solely as a reservation of the street locations shown thereon, for the period specified in the ordinance of the governing body for PAGE 2 OF 4 future taking or acquisition for public use. The Zoning and Planning Board or any other official or agency of the City may, at the direction of the City Council negotiate for or secure from the owner or owners of any such lands releases of claims for damages or compensation for such reservation or agreements indemnifying the City for such claims by others, which releases or agreements shall be binding upon the owner or owners executing the same and their successors in title. At any time after the filing of a plat with the Clerk of the Circuit Court or other recording official, and during the period specified for the reservation, the Zoning and Planning Board acting upon the instructions of the City Council and the owner of land containing a reserved street location may agree upon a modification of the location of the lines of the proposed street, such agreement to include a release by said owner of any claim for compensation or damages by reason of such modifications; and thereupon the Zoning and Planning Board may make a plat corresponding to the said modification and transmit the same to the City Council and if such modified plat be approved by the City Council the City Clerk shall transmit for recording an approved copy thereof to the Clerk of the Circuit Court and said modified plat shall take the place of the original plat. After obtaining recommendations from the Zoning and Planning Board and holding public hearings with due notice, the City Council may, by ordinance, abandon or amend any reservation and shall certify such abandonment or amendment to the County Clerk or other recording official. [Ord. No. 24-72, §3, 2 JAN. 1973] Sec. 501.04 SECTION 4 Buildings in Reserved Street Locations After street locations have been reserved, as indicated in §501.03, no building permit shall thereafter be issued for construction or alternation of any building in the bed of any such steet, nor shall any building be in the bed of any street, nor shall any buildings be built therein; provided, however, that if the land within such mapped street is not yielding a fair return on its value to the owner, the Zoning and Planning Board shall have PAGE 3 OF 4 power in a specific case by the vote of a majority of its members to recommend to the City Council that a special permit be issued for a build- ing in such street which will as little as practicable increase the cost of opening such street or tend to cause a change in the comprehensive plan, and such board may recommend reasonable requirements as a condition of granting such special permit. Before taking any action authorized in this Section, the Zoning and Planning Board shall hold a public hearing and with due public notice, at which parties in interest and others shall have an opportunity to be heard, and thereafter the recommendations of the said Board shall be submitted to the City Council for determination.[Ord. No. 24-72, §4, 2 JAN. 1973] PAGE 4 OF 4 ft ... .; A Safteak‘ INANCE NO. 23-63 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT, LOCATION, CHANGE, OR DISCQNTINUANCE OF PUBLIC S'1' ,ETS 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 amy seem necessary and expedient for the public health pi ' 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 provide the prodedure by which the respective Boards of County Commissioners nay establish, locate, c} ange or discontinue public roads, and, WHEREAS, this council deems it advisable that the public rights of citizens of the City of Cape Canaveral be protected to the same extent as if their rights were before another authority, there- //7 fore, the said Chapter 336, Florida Statutes 1961, is used as a guide f r the f llowing ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANT&Vy L, FLORIDA, AS FOLLOWS: / SECTION:`I. RELOCATION OR CHAN E` OF STREETS ," The ty council may establish, locate, change or discontinue public streets by resolution_ ------- — -- - r` Sec, 5ot.os' ; Q� . CLOSING AND ABANDONMENT OF STREETS; AUTHORITY A (f) 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 the state, county, or of the federal government, or upon petition of any person or persons, is hereby authorized and empowered to: (¢) 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; t (1) Renounce and disclaim any right of the city and the public in and to any land, or interest therein, acquired by purchase, fn r+r i ... ... . . gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state, county, and federal highway; and 3 (t) 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 highway. (i) The City council, upon such *Lotion, request, or i 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 inthis section. Sec. prati 'A 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 orp 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, in a newspaper of general circulation in such city at least two weekd prior to the date stated therein for 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, to the city council to take 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. Noticd 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 immediately; upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on this 19th day of December, 1963. /s/ Richard R. Thurm Attest: Mayor /s/ Donna J. Anderson} City Clerk ri . .._