HomeMy WebLinkAboutOrdinance No. 32-2003 "Ill 1 II 11 11 1111 111 111 11
CFN:2004057159 02 -25 -2004 08:03 am
ORDINANCE 32 -2003 OR Book/Page: 5207 / 3482
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
VACATING THAT PORTION OF A TWELVE -FOOT WIDE
ALLEYWAY LYING BETWEEN AND ADJACENT TO LOTS 5,
10, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON BY THE
SEA," RECORDED IN PLAT BOOK 3, PAGE 7, OF THE
PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA,
(CONTAINING APPROXIMATELY 3257 SQUARE FEET, MORE
OR LESS); PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has been asked to
consider vacating the aforementioned alleyway; and
WHEREAS, public utilities are not presently located within the alleyway; and
WHEREAS, the City Council of the City of Cape Canaveral hereby finds that there is
no longer a public need for the alleyway; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance
is in the best interests of the public health, safety, and welfare of the citizens of Cape
; C Canaveral.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Council of the
City of Cape Canaveral.
Section 2. Vacation of Alleyway. The City of Cape Canaveral hereby vacates
that portion of a twelve -foot wide alleyway Tying between and adjacent to Lots 5, 10, 11, 12,
a 13, 14 and 15, Block 72 of "AVON BY THE SEA," recorded in Plat Book 3, Page 7, of the
Public Records of Brevard County, Florida (containing approximately 3257 square feet, more
or less).
1 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the
conflict.
Scott Ellis
Clerk Of Courts, Brevard County
#Pgs: 2 #Names: 2
Trust: 1.50 Rec: 9.00 Serv:0.00
Deed:
0.00 nt Tx: 0. Excise: 0. 00 0
City of Cape Canaveral, Florida Mtg: 0.00 Int Tax:
Ordinance No. 32 -2003
Page 1 of 2
ci Section 4. Severability. If any section, subsection, sentence, clause, phrase,
word or provision of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, whether for substantive, procedural, or any other reason,
such portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Recordation. The City Clerk is hereby directed to promptly record this
Ordinance in the Public Records of Brevard County, Florida.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 3rd day of
February, 2004.
Ccc Z
Rocky Randels! MAYOR
ATTEST: _ FOR AGAINST
/ r . •
Bob Hoog MOTION
M
N _
Susan tills, ITY CLE K Jim Morg an X
Buzz Petsos X
First Reading: 09/02/03
Legal Ad published: 09/20/03 Rocky Randels X
Second Reading: 02/03/04
Richard Treverton SECOND
APPROVED AS TO LEGAL FORM
AND SUFF CIENCY FOR THE CITY I
OF C NAVERAL ONLY: : ;Jq!!q 11 1uu11 1i Ii iiI,i ,i i
/ 0) 20 7 / 3483
A 'thony A. Garganese, CITY ATTORNEY
City of Cape Canaveral, Florida
Ordinance No. 32 -2003
Page 2 of 2