HomeMy WebLinkAboutO-89-06ORDINANCE NO. 0-89-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE
RECORDING AND ACCEPTANCE OF PLATS; AMENDING
CHAPTER 20A-16 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN; AMENDING SECTION
20A-16.4.C. TO PROVIDE THAT THE CITY CLERK
SHALL SUBMIT AN APPROVED PLAT TO THE CLRRK OF
THE CIRCUIT COURT FOR RECORDING; AMENDING
SECTION 20A-16 · 4 · C. 4 · 1 .Vi TO PROVIDE FOR
ADOPTION OF PLATS BY RESOLUTION OF THE CITY
COUNCIL; PROVIDING FOR REPEAL OF ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the desire of the city Council of the City of
Sebastian, Indian River County, Florida, to simplify and expedite
the procedure for the acceptance and recording of plats.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. RECORDING OF PLAT.
Section 20.A-16.4.C of the Land Development Code of the City
of Sebastian is hereby amended to read as follows:
"C. Final plat procedures. As the final step in
the review procedure for obtaining approval of a
subdivision in the City of Sebastian, the developer
shall have prepared and shall submit a final plat. No
final plat shall be recorded until the required
improvements have been installed or surety posted
pursuant to subsections 20A-16.4(C) (5). No such
required improvements including streets, drainage and
other required facilities shall be accepted and
maintained by the city unless and until the same have
been duly inspected and approved by the city engineer
and have also been approved and accepted for
maintenance by the city attorney and city council.
Prior to acceptance and approval of the required
improvements, the final plat shall be approved by the
city engineer, city attorney, and the city council and
it shall be submitted by the city &~%~ney clerk and
duly recorded by the clerk of the circuit court, who
shall record only those final plats which have been so
approved in accordance with this ordinance."
SECTION 2. ADOPTION BY RESOLUTION.
Section 20A-16.4.C.4.1.vi of the Land Development Code of
the City of Sebastian is hereby amended to read as follows:
"vi. Mayor and city clerk. ~Prior toT filing by the
clerk of circuit court, the plat shall contain an approval
and signature block for the mayor and the acknowledgement
and signature block of the city clerk. Upon adoption of ~
e~m&mee a resolution approving the plat, the mayor shall
execute the plat and the plat shall be presented to the
clerk of the circuit court by the city clerk for recording."
SECTION 3. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Council of the City of
Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this Ordinance shall become and
be made a part of the Land Development Code of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and that
the words "ordinance" may be changed to "section", "article", or
other appropriate designation.
SECTION 5. SEVERABiLITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of the Ordinance shall not be
affected and it will be presumed that the City Council of the
City of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect
adoption.
immediately upon its
The foregoing Ordinance was moved for adoption by Councilman
~ ~ ~[/~~ . The motion was seconded by
Councilman ~/6~~&~1 and, upon being put to a
vote, the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank 0berbeck
Councilman Lloyd Rondeau
ATTEST:
The Mayor thereupon declared this ordinance duly passed and
adopted this ~ day of ~/~,~ , 1989.
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
Kathry~ M~'O Hall6ran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one ~ublic he~i~g was held on
this Ordinance at 7:00 p.m. on the /~'~. day of ~, 1989,
and that following said public hearing this Ordinhn~e was passed
by the City Council.
Kathr~ M. O'Halloran, CMC/AAE
City ~lerk
Approved ~to Forum an~tent:
Charl~/Ian Nash, city Attorney