HomeMy WebLinkAboutO-97-68ORDINANCE NO. 0-97-68
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 90, ARTICLE IV OF THE
CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN PERTAINING
TO EASEMENTS; AMENDING SECTION 90-126 OF THE CODE OF
ORDINANCES RELATIVE TO REQUESTS TO VACATE; AMENDING
SECTION 90-127 OF THE CODE OF ORDINANCES RELATIVE TO
NOTIFICATION OF PUBLIC UTILITIES, OBJECTIONS; PROVIDING
FOR CODIFICATION; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, inquiries relative to vacation of easement generally begin in the Community
Development Department as a result of pending building permit applications; and
WHEREAS, in accordance with Section 90-126 and 90~127 of the Code of Ordinances
applications for vacation of easement are received by and public utilities are notified by the City
Clerks Office; and
WHEREAS, it is deemed more appropriate for those applications to be submitted to the
Community Development Department for processing; and
WHEREAS, notification by facsimile has been found to be more timely and direct.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, as follows:
~. That Section 90-126 of the Code of Ordinances of the City of Sebastian is
hereby amended to read as follows:
"Sec. 90-126. Request to vacate.
Requests for vacating of easements shall be submitted to the Community Development
Department on a form prescribed by that department, together with the fee as determined by
resolution of the City Council to cover the cost of processing and recording, and any other
documentation required by the Community Development Department, by the owner or his
designated agent of such property wherein the easement exists or is contiguous thereto."
~. That Section 90-127 of the Code of Ordinances of the City of Sebastian is
hereby amended to read as follows:
"Sec. 90-127. Notification of public utilities; objections.
Upon receipt of the complete application package, under section 90-126, the Community
Development Director shall advise the existing public utility companies by regular mail or
facsimile, and appropriate city sta~ and the utility companies and staff, after notification is
received, shall respond in writing within 15 days of any objection thereto."
,.Sf~.LTIQJSL~. CODIFICATION. It is the intention of the City Council and it is hereby
ordained that the provision of this Ordinance shall become and be made part of the Code of
Ordinances, City of Sebastian, Florida.
~ CONFLICT. All Ordinances or parts of Ordinances in conflict with the
provisions of this Ordinance are hereby superseded to the extent of such conflict.
a~.~12IO. J~. SEVERABILITY. If any section, provision, clause, phrase, or
application of this Ordinance is held invalid or unconstitutional for any reason by any court of
competent jurisdiction, the remaining provisions of this Ordinance shall be deemed severable
therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of
this Ordinance.
s~F. cC,~!SI~ EFFECTIVE DATE. This Ordinance shall take effect within ten days of
its adoption.
The foregoing Ordinance was moved for adop[ion by Councilmember ~' ~~_.. .
The motion was seconded by Councilmember //~/ and upon being put into a vote,
the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared
day of J, 1997.
this
Ordinance duly passed and
adopted
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
ATTEST,: .
"-"--'
Approved.~ to Form and Content:
Valerie F. Settles, City Attorney
this
3