HomeMy WebLinkAboutO-92-10ORDINANCE NO ·;
0-92-10
REOORD YERIFIED
JEFFREY K. BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FLA
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING A CERTAIN
ALLEY LOCATED WEST OF THE EXISTING SEBASTIAN
COMMUNITY CENTER ADJACENT TO THE 11TH STREET
RIGHT-OF-WAY; PROVIDING FOR THE PRESERVATION
OF CURRENTLY EXISTING PUBLIC UTILITY
EASEMENTS; PROVIDING FOR RECORDING; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida (hereinafter the "City Council"), has
determined that the alleyway located west of the Sebastian
Community Center, adjacent to llth Street, in the City of
Sebastian, Indian River County, Florida, (the "Alley"), no longer
serves the public interest and necessity; and
WHEREAS, the City Council, on behalf of the City of Sebastian,
has determined that it would be in the best interests of the City
of Sebastian and its residents to vacate the Alley.
NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTy, FLORIDA, that:
Section 1.
VACATION OF ALLEY. The City of Sebastian,
Indian River County, Florida, hereby vacates the certain Alley
located in the City of Sebastian, Indian River County, Florida,
more specifically described as the twenty foot (20') alley lying
in Block 5 of OCEANBREEZE HEIGHTS, according to the plat thereof,
filed in Plat Book 2, Page 7, Public Records of Indian River
County, Florida.
DOCUN~:.NTAR¥ STAMPS ~~*
JEFFREY K. BARTON, CLERK'
INDIAN RIVER COUNTY'
Section 2. PRESERVATION OF EASEMENTS. Notwithstanding
any provision contained in this Ordinance to the contrary, the
vacation of the Alley as described in Section 1 of this Ordinance
shall not operate to terminate any public utility easements
currently existing in said Alley unless the public utilities
which currently have an interest in such public utility easements
shall consent~ in writing, to the vacation of any such public
utility easements.
Section 3. RECORDING. The City Clerk is directed to
present this Ordinance to the Clerk of the Circuit for Indian
River County, Florida, for recording in the Public Records of
Indian River County, Florida.
Section 4. 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 shall 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, thereby causing said remainder to remain in full force
and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance
Councilperson ~~
seconded by Councilperson
was
moved
for adoption by
The motion was
and, upon being
put to a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilperson Carolyn Corum
Councilperson Peter R. Holyk
Counci!person George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~day of ~//~_, , 1992.
.j -
'ATTEST:
Ka~hry~ M- 'o'-HaiXo~an, CMC/AAE
City Clerk
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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 public hearing ~w~s held on this
Ordinance at 7:00 p.m. on the /7~ day of~t~ , 1992,
and that following said public hearing this~rdinance was passed
by the City Council.
Kathryn~M.~ O'Halloran, CMC/AAF.
City Clerk
Approve~ as to Foaled%nd_Content:
Charles Ian Nas-~, City Attorney
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