HomeMy WebLinkAboutResolution No. 1966-37 (2)
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RESOLUTION NO. 66-37
A RESOLUTION AUTHORIZING TRANSMISSION OF
CITY'S 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 recommendation 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 relocation
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
aublic hearing ing 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 newspaper
of general circulation in Brevard County, Florida, on November 22,
November 29, and December 6, 1965, as shown by 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 corporate 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 evidence 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 No. 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-i:a portion of the property abutting the Banana River
located within the City of Cape Canaveral, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL; AS FOLLOWS:
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 (4+) certified copies
of the Resolution #66-25 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 establishment 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 con-
ducted herein as transcribed by the Honorable Gray Brewer, Official
Court Reporter, Brevard County, Florida; and four (4) copies of a
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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.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL; FLORIDA, This 11th day of August, 1966.
Mayor
ATTEST:;:.• >• . �� ��.
City Cl-i Ott o
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APPROVED AS TO FORM:
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