HomeMy WebLinkAboutResolution No. 1966-36 N
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A RESOLUTION AUTHORIZING TRANSMISSION OF
CITY1S PROPOSED AMENDED BULKHEAD LINE TO
BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY, FLORIDA, FOR THE SAID BOARD'S
SUBMISSION OF THE SAID BULKHEAD LINE TO
THE OFFICE OF THE .TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND, TALLAHASSEE, FLORIDA;
PROVIDING AN EFFECTIVE DATE. .
WHEREAS, on January 19, 1960 prior to the incor-
poration of the City of Cape Canaveral, Florida, the Trustees
of the Internal Improvement Fund, pursuant to the recommend-
ation of the Board of County' Commissioners of Brevard County,
Florida, did approve and adopt a bulkhead line in the Banana
River for riparian property which is now within. the City
limits of the City of Cape Canaveral Florida; and
WHEREAS; the City of Cape Canaveral now has original
jurisdiction over the question of amendment or relocation of
said bulkhead line within the corporate limits of the City of
Cape Canaveral, Florida; and
WHEREAS; over the past several years various riparian
owners have filed individual applications requesting the re-
location of portions of said bulkhead line, which resulted in
the City of Cape Canaveral making extensive studies of the
question of whether said bulkhead line for the entire City of
Cape Canaveral should be relocated; and
WHEREAS, the City of Cape Canaveral adopted a reso-
lution on November 2, 1965, prescribing the date, time and place
for a public hearing on the matter of the relocation of the
bulkhead line off-shore in the Banana River within the City
limits of the City of Cape Canaveral; and
WHEREAS; notice of hearing on relocation of said
bulkhead line was duly published in the Cocoa Tribune, a news-
paper of general . circulation in Brevard County, Florida, on
November 22, November 29, and December 6, 1965, as shown by
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Affidavit of proof of publication which has been ordered filed
and noted in the minutes of the public hearing; and
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WHEREAS, notice by certified mail, return receipt
requested, of such public hearing was furnished on November 12,
1965, to each riparian owner of upland. within the City of Cape
Canaveral and one thousand feet north and south of .the corpor-
ate limits of said City, all in conformance with the provisions
of Section 253.122 (4) of Florida Statutes 1965; and
WHEREAS, the City Council of the City of Cape
Canaveral did 'convene at 7.30 p.m. on December 14, 1965,
pursuant to said public notice, and conducted a public hearing
on the question of relocating the bulkhead line within the City
of Cape Canaveral, Florida; which hearing was recessed until
January 25, 1966, at which time further evicence was presented
to the Council concerning said bulkhead line; and
WHEREAS; the City Council of the City of Cape Canaveral
did on the 14th day of June, 1966, adopt Resolution #66-25
amending and relocating- the bulkhead line previously adopted by
the Trustees of the Internal Improvement Fund on January 19, 1960,
in regard to a portion of the property abutting the Banana River
located within the City of Cape Canaveral, Florida; and,
WHEREAS, subsequent to said adoption of said Resolution
#66-25 the City has been requested by a number of property owners
whose -property is located to the south of said amended and re •
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located bulkhead , line •as set forth in Resolution #66-25, to be
included in an amended and relocated bulkhead line; and,
WHEREAS, such property owners have signed and executed
a Waiver of Notice and Protest, a copy of such instrument which is
attached hereto and by this. reference made a part hereof,
evidencing their' desire to be included in the amended and re-
located bulkhead, line as prescribed in Resolution #66-25.
NOWT THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, AS FOLLOWS:
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SECTION 1. The City Clerk is hereby authorized and
directed to transmit to the office of the Board of County
Commissioners of Brevard County, Florida, in Titusville, four
(14) certified copies of the Resolution x}66-35 of this City
adopting the amended bulkhead line; four (4+) copies of Proof
of Publication of Notice of Public Hearing conducted for the
establishment of said line; four (4) certified copies of minutes
of meetings of the City of Cape Canaveral relating to the estab-
lishment of the said amended bulkhead line; four (4+) copies of
a sworn affidavit of the City Clerk containing a summary of the
persons appearing at the public hearing and the names and
addresses of the objecters and the natures of their objections,
or in the alternative the original transcript of the proceedings
conducted herein as transcribed by the Honorable Gray Brewer,,
Official Court Reporter, Brevard County, Florida; and four (14)
copies of a map of the proposed bulkhead line prepared by a
registered engineering firm, Givens, Hurdle & Quick, depicting
the proposed amended bulkhead line.
SECTION 2. The City Clerk shall request of the
Board of County Commissioners that the said Board retain one (1)
copy of the aforementioned documents and transmit, without
recommendation, the remaining three (3) copies of the respective
documents to the Trustees of the Internal Improvement Fund in
Tallahassee, Florida, for action by the said Trustees, with a
certified copy of this Resolution.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
ADO:17ED BY THE CITY COUNCIL OF THE CITY OF CAPE
CAI
,;"� O4��A�,rthis 11th day of August, 1966.
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