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HomeMy WebLinkAboutCHAPTER #155 CHAPTER NO. i55 AND BEING IN THE NAVIGABLE WATERS OF THE CITY OF SEBASTIAN; PROHIBITING ANY FiLL OR EXTENSION OF LAND BEYOND SAID BULKHEAD LINE; REQUIRING APPLICATIONS FOR PERlVlISSION AND APPROVAL FROM PROPER AUTHORITIES BEFORE ANY FILLING OR DREDGING MAY BE MADE IN SUCH WATERS AND (YI'HER'- WiSE REGULATING THE FILLING, DR~EDGING, DEVELOP- MENT AND USE OF THE LANDS COVERED BY SAiD WATERS AND PROVIDING PEN3J.~TIES FOR THE VIOLATION HEREOF: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA; SECTION 1 That the City of Sebastian does herewith find and determine that the coastal and intracoastal tidal waters in the navigable waters of the State of Florida and the lands underlying the same are vested in the State of Florida to be used and enjoyed by the people in a manner consistent with the public interest and that the promiscuous and unregulated dredging and filling in these waters and upon these submerged lands is in contravention of the orderly and systematic development necessitated by observance of the inalienable public interest and that any dredging and filling activity can, unless conducted with the benefit of thorough investigation and planning, produce consequences injurious to public and private property and detrimen- tal to the resources of the sovereign waters and submerged bottoms and that the Legislature of the State of Florida, by Chapter 57-362, laws of Florida, charged the City of Sebastian with the initial responsibility of fixing the alignment of bulkhead lines within its corporate limits beyond which there will be no filling and within which filling may be done only with proper formal approval and that this City has given due and careful consid- eration to all of the factors involved with a view of protection of the public interest aft~e_.._r..j~ublic hearing of which at least thirty days prior notice has been given by publication of a notice of such public hearing for three con- secutive weeks in a newspaper having general circulation in and published at Sebastian, indian River County, Florida, giving public nOtice of a public hearing pertaining to the matters herein recited and that said public hearing has been held at the time and place stated in said notice at which all arguments for and against the same were heard and considered and that all of the provisions of the laws of the State of Florida have been fully and completely complied with. SECJ O g A bulkhead line is herewith established off the West shore of the Indian River from any existing lands bordering on and being in the City of Sebastian, Indian River County, Florida, said bulkhead line being more particularly described as follows, to-wit: Beginning on the South boundary line of Section 6, T~nship 31 South, Range 39 East, which is the South boundary of the City of Sebastian at a point ~ feet East of the center line of State Road No. 5, also known as U.S. Highway No. 1, or Riverside Avenue; thence Northerly parallel and concentric to the center line of said high- way to a point where said line would intersect the North boundary line of the City of Sebastian. That attached hereto and as such made a part hereof is a drawing showing the location of such bulkhead line as hereinbefore described and this Ordinance, together with said drawing, shall he recorded in the public records of Indian River County, Florida, in the book of plats of said County. From and after the effeCtive d~te of this Ordinance, no fill or filling or other creation or extension of lands shall be made or maintained Eastward or on the channel side of the above described bulkhead line and no filling or dredging or similar !iactivity shall be made on the landward side of said line without "formal written approval from the City of Sebastian, which said approval shall be further sub3ect to the formal approval of the · Trustees of the Internal Improvement Fund of the State of Florida. ~EC.~I ON 4 Any person desiring to construct islands or to add to or exten~ existing lands within the landward side of the ~ d~cr'l.l:~d B. llk~d line by any means shall first make application to the City Council of the City of Sebastian for perm ission to cio so. Such written application shall be accom- panied by a plan or drawing showing the proposed construction and shall also show the area from which any fill material is to be dredged, if any. In the event such application be found by said Council not to be violative of any statute, zoning law, ordinance or other restriction which may be applicable thereto and found that no harmful obstruction to or alteration of the natural flow of adjacent navigable waters will be created from the proposed construc- tion and be found that no harmful or increased erosion, shoaliug of channels or stagnate areas of water will be created and that no material injury will result therefrom, then the same shall be granted to the applicant, subject, however, to the formal approval of the Trustees of the Internal Improvement Fund of the State of Florida and the United States Army Corps of Engineers. SECTIQIq 5 AH permits issued under Section 4 hereof shall be valid for a period of two years from the date thereof and shall be automatically revoked if the proposed work is not completed within such time except for good cause shown and extension granted. Such permit shall be subject to revocation for non- compliance or a violation of the terms thereof. SECTION 6 Nothing contained in Section 4 hereof shall be construed as authoriz- ing the extension of land or placing of any fill on the channel or Eastward or seaward side of the bulkhead line described herein nor beyond any bulkhead line now or hereafter established. SECTiON 7 Any person, firm or corporation violating the terms of this C)rdinanc~ shall, upon conviction thereof, be punished by imprisonment of not more than six months or fine of not more than Five Hundred Dollars or both, in the dis- cretion of the Court. SECTION 8 if any sentence, phrase, section or other portion of this Ordinance be held invalid, such finding sh~]l not affect the validity of the remaining portions of this Ordinance. SECTION 9 This Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor or upon its becoming a law without such approval. I hereby certify that the foregoing Ordinance was passed by the City Council on the 7th day of October, 1957. TO: The Mayor of the City of Sebastian, Florida: I hereby certify that the foregoing Ordinance was duly passed by the City Council on the 7th day of October, 1957. The foregoing Ordinance approved by me this 7th day of October, 1957. I certify that I posted a true copy of the above and foregoing Ordi- nance at the entrance to the Council Chamber in the City Hall of the City of Sebastian, Florida, on the 7th day of Octoh~r, 1957. LAW OFFICES MITCHELL,SMITH & MITCHELL CHARLES A.MITCHELL 190/1949 SHERMAN N. SMITH.JR. .ERO BEACH S FLORIDA MARSHALL O. MITCHELL CHARLES P. DIAMOND TELEVHOiNZ 2312 GEORGE HEATH CHARLES E.SMITH January 21, 1958 Honorable Douglas Baker Clerk Circuit Court Vero Beach, Florida Dear Doug: Chapter 57-362, Laws of Florida, is the statute setting up the procedure for establishing a bulkhead line on the navigable waters in the State. This law provides that each city fixes its bulkhead line and the county fixes the line outside of cities and the county adopts the line as fixed by the cities. I enclose one certified copy of the ordinance of the City of Sebastian fixing and establishing its bulkhead line. The ordi- nance has attached thereto a map showing the bulkhead line. The law provides that the map shall be recorded in the public records of Indian River County, Florida, in the Book of Plats of said county. Would you please so record this ordinance with the map. Send your statement directly to the City of Sebastian. Encl: SNS, Jr. /ck cc: Mr. Ed Schmucker County Engineer County Courthouse Vero Beach, Florida Sincerely yours, � :� Sherman N. Smith, Jr. I hereby certify that the within and foregoing is a true a"d correct copy of Ordinance No. 155 as revealed by the records in fay office in the City Sall of the City of Sebastian, Florida. IN WITNESS WHEREOF, I have hereunto set any hand and affixed the seal of the City of Sebastian, Florida this c ,day of 42�Z�l,ZG'l� 19 53 . v CHAPTER NO. 155 AN ORDINANCE LOCATING AND FIXING BULKHEAD LINE OFF SHORE FROM ANY EXISTING LANDS BORDERING ON AND BEING IN THE NAVIGABLE WATERS OF THE CITY OF SEPASTIAN; PROHIBITING .ANY FILL OR EXTENSION OF LAND BEYOND SAID BULKHEAD LINE: REQUIRING APPLICATIONS FOR PERMISSION AND APPROVAL FROM PROPER AUTHORITIES BEFORE ANY FILLING OR DREDGING MAY BE MADE iD: SUCI: WATERS AND OTHER- WISE REGULATING THE FILLING, DREDGING, DEVELOP- MENT AND USE OF THE LANDS COVERED BY SAID WATERS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF; BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION I That the City of Sebastian does herewith find and deter- mine that the coastal and Intracoastal. tidal waters in the navigable waters of the State of Florida and the lands underlying the same are vested in the State of Florida to be used and enjoyed by the people in a manner consist,nt with the public interest and that the promiscuous and unregulated dredging and filling in these waters and upon these submerged lands is in contravention of the orderly and systematic development necessitated by ovservance of the in- alienable public interest and that any dredging and filling activity can, unless conducted with the benefit of thorough investigation and planning, produce consequences injurious to public and private property and detrimental to the resources of the sovereign waters and submerged bottoms and that the Legislature of the State of Flor- ida, by Chapter 57-362, lawn of Florida, charged the City of Sebas- tian with the initial responsibility of fixing the alignment of bulkhead lines within its corporate limits beyond which there will be no filling and within which filling may be done only with proper formal approval and that this City has given due and careful con- sideration to all of the factors involved with a view of protection of the public interest after public hearing of which at least thirty days prior notice has been given by publication of a notice of such public hearing for three consecutive weeks in a newspaper having general circulation in and published at Sebastian, Indian River County Florida, giving public notice of a public hearing pertaining to the matters herein recited and that said public hearing has been held at the time and place stated in said notice at which all ar- guments for and against the same were heard and considered and that all of the provisions of the laws of the State of Florida have been fully and completely complied with. SECTION 2 A bulkhead line is herewith established off the Neat shore of the Indian River from any existing lands bordering on and being in the City of Sebastian, Indian River County, Florida, said bulkhead line being more particularly described as follows, to -wit; Beginning on the South boundary line of Section b, Township 31 South, Range 39 East, which is the South boundary of the City of Sebastian at a point 250 feet East of the center line of State Road No. 5, also known as U. S. Highway No. 1, or Riverside Avenue; thence northerly parallel and concentric to the center line of said high- way to a point where said line would "intersect the North boundary line of the City of Sebastian. That attached hereto and as such made a part hereof is a drawing showing the location of such bulkhead line as hereinbe- fore described and this Ordinance, together with said drawing, shall be recorded in the public records of Indian River County, Florida in the book of plats of said County. SECTION 3 From and after the effective date of this Ordinance, no fill or filling or other creation or extension of lands shall be made or maintained Eastward or on the channel side of the above described bulkhead line and no filling or dredging or similar activity shall be made on the landward side of said line without formal written approval from the City of Sebastian, which said approval shall be further subject to the formal approval of the Trustees of the Internal Improwement Fund of the State of Florida. SECTION 4 Any person desiring to construct islands or to add to or extend existing lands within the landward side of the above de- scribed bulkhead line by any means shall first make application to the City Council of the City of Sebastian for permission to do so. Such written application shall be accompanied by a plan or drawing showing the proposed construction and shall also show the area from which any fill material is to be dredged, if any. in the event such application be found by said Council not to be violative of any statute, zoning law, ordinance or other restriction which may be applicable thereto and found that no harmful obstruction to or alteration of the natural flow of adjacent navigable waters will be created from the proposed construction and be found that no harmful or increased erosion, shoaling of channels or stagnate areas of water will he created &nd that no material injury will result there- from, then the same shall be granted to the applicant, subject, however, to the formal approval of the Trustees of the Internal Improvement Fund of the State of Florida and the United States Army: Corps of Engineers. SEUTION j All permits issued under Section 4 hereof shall be valid for a period of two years from the date thereof and shall be automatically revoked if the proposed work is not completed within such time except for good cause shown and extension granted. Such permit shall be subject to revocation for non-compliance or a vio- lation of the terms thereof. SECTION v Nothing contained in Section 4 hereof shall be con- strued as authorizing the extension of land or placing of any fill on the channel or Eastward or seaward side of the bulkhead line described herein nor beyond any bulkhead line now or hereafter estab- lished. SECTION 7 Any person, firm or corporation violating the terms of this Ordinance shall, upon conviction thereof, be punished by im- prisonment of not more than six rijonths or fine of not more than Five Hundred Dollars or both, in the discretion of the Court. SECTION If any sentence, phrase, section or other portion of this Ordinance be held invalid, such finding shall not effect the validity of the remaining portions of this Ordinance. SECTION 9 This Ordinance shall be in full force and effect im- mediately upon its passage and approval by the Mayor or upon its becoming a law without such approval. I hereby certify that the foregoing Ordinance was passed by the City Council on the 7th day of October, 1957. /s/ Charles E. Sembler ?resident Attest: /s/ Joe E. warren City Clerk TO: The ?t,ayor of the City of Sebastian, Florida: I. hereby certify that the foregoing Ordinance was duly passed by the City Council on the 7th day of October, 1957. /s/ Joe E. warren The foregoing Ordinance approved by me this 7th day of October, 1957. /s/ C. E. Taylor. Mayor I certify that I posted a true copy of the above and foregoing Ordinance at the entrance to the Council Chamber in the City Hall of the City of Sebastian, Florida, on the 7th day of October, 1957. /s/ Joe E. Warren City Clerk