HomeMy WebLinkAboutO-76-04
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ORDINANCE NO.6 - 7'-~
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CHAPTER NO.
AN ORDINANCE ON VACATING OF EASEMENTS, SETTING
A FEE FOR APPLICATIONS AND ESTABLISHING AN
EFFECTIVE DATE
WHEREAS, there exist within the City of Sebastian various easements
adjacent and contiguous to individual lots; AND,
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i WHEREAS, the existence of said easements on occasion hinders
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I construction; AND,
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! for vacating said easements where it is in the public interest to do so;
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VJHEREAS,
the City ;s desirous of establishing uniform procedures
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AS follows:
1.
Requests for vacating of easements shall be submitted, in
I cost of processing and recording, by the owner or his designated agent of
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: such property wherein the easement exists or is contiguous to.
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2. Upon receipt of said request, the city clerk shall advise the
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I existing public utilities companies by certified mail, and the said utility
i companies, after notification is received, shall respond in writing, within
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~ fifteen (15) days of any objecti ons thereto.
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3. The Mayor of the City of Sebastian shall direct the building
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i inspector and/or city engineer to make an on-site inspection of said
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. property and make his report and recommendation in writing to the Mayor,
stating whether the easement is necessary to exist to serve the City either
. at present or in the future, or, whether the easement serves no public purpose.
4. The Mayor shall then present said request for vacating an easement,
together with the reports from the utility companies,and the report and
recommendation of the building inspector and/or city engineer, to the City
Council.
5. If the City Council deems that said easement is without the public
interest and affords no public necessity at the present time or as regards
the future growth of the City, the City Council may, by resolution duly passed,
vacate said easement.
6. The City Clerk shall then send a copy of the resolution vacating said
easement together with the necessary recording fee to the Clerk of the Circuit
Court, Indian River County Courthouse, Vero Beach, 32960, for recording.
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7. All ordinances, or
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parts 10f ordinances, in conflict
the P10visions of this ordinance,
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herewith or inconsistent with
are hereby repealed.
8. This ordinance shall
effective immediately upon
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its passage.
ATTEST:
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Florence L. Phel an, City Cl erk
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. F. Eugen ragg, Mayor ~
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I HEREBY CERTIFY that Notice of Public Hearing of the foregoing
Ordinance was given in accordance w~th Chapter 166.041 of the Florida
Statutes, on
?7W-t
, 1976, in the Vero Beach
Press Journal, a newspaper of gener 1 circulation in the City of
Sebastian, Florida; that said publnc hearing was held in the City Hall of
the City of Sebastian, Florida, at17:30 o'clock P.M.
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, 1976; that I said
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readi ng on , .",:::?,.A,--rvv-:,_9_,__ _.__.~, 1976, and that sai d ordi nance
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passed on second and final reading ~nd was adopted by the City Council
of the City of Sebastian, Florida, rns~" __,Li
on #'.<....->'\JL/ q
ordinance passed on first
, 1976.
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Florence L. Phelan, City C erk
(S E A L)