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Home My WebLink AboutOrdinance 266 Utility Easements ORDINANCE NO. 266 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE PRESENT CODE SECTION 5-129 CONCERNING UTILITY EASEMENTS TO PROVIDE FOR THE FENCING OF DEDICATED RIGHT-OF-WAYS UNDER CERTAIN CONDITIONS; CREATING SECTION 44.21(1)d; TO PROVIDE AUTHORITY FOR THE BOARD OF ADJUSTMENT TO HEAR SUCH REQUESTS; PROVIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission has recognized that there may exist certain situations where the health, safety and welfare of the citizens requires that a dedicated right of way be fenced in whole or part, and WHEREAS, the present ordinances of the City prohibit any fencing within a dedicated right of way. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That Section 5-129 of the Code of Ordinances of the City of Winter Springs, Florida, is hereby amended to read as follows: It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installation of new utilities or repairing or maintaining installed utilities, the utility company involved shall be responsible to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. A dedicated right-of-waysha11not be fenced by any private citizen. However, and only when it is determined by the Board of Adjustment that fencing, in whole or in part, of a public right-of-way is necessary to protect the health, safety, and welfare of the citizens of Winter Springs as a whole, the Board may authorize a special exception to permit a private citizen to erect a fence on a dedicated right-of-way contiguous to that citizen1s property. Requests for such special exceptions to this section shall be decided pursuant to the criteria of Section 44.21(1)b and to the procedures of Sections 44.21.1 and 44.22. Any fencing approved by special exception to be erected on a dedicated right-of-way shall be constructed according to plans approved by the City staff, with gates adequate to allow access to maintenance vehicles. All costs incurred in fencing the right-of-way shall be borne by the contiguous property owner to whom the special exception may be granted. The fence shall be maintained in safe condition by the property owner who installed it, and the fencing when removed may be reclaimed by that property owner. Such fences erected privately by special exception on a dedicated right-of-way shall not preclude access to or use of such public land by any citizen of the City. SECTION II - That Section 44.2l(1)d of the Code of Ordinances of the City of Winter Springs, Florida, is hereby created to read as follows: (l)d. To hear and decide such other matters and issues and give such guidance as may be required by law or requested of it by the City Commission. SECTION III - Severability. If any section, part of a section, paragraph, sentence, clause, phrase or word of the Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions of this ordinance and it shall be construed to have been the legislative intent to pass this Ordinance without such uncon- stitutional, invalid or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such part or parts, shall be deemed to be held valid as if this Ordinance, or any provisions thereof, shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstances, such holding shall not affect the application hereof to any other person, property or circumstances. SECTION IV: - Effective Date. This Ordinance shall take effect immediately upon passage and adoption. SECTION V - Conflicts. That all ordinances or parts of ordinances in conflict herewtih are hereby repealed. Passed and Adopted this 31st day of Aug, 1982. CITY OF WINTER SPRINGS, FLORIDA Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading July 27,1982 Posted July 30, 1982 Second Reading & Public Hearing Aug. 24, 1982 TELEPHONE (305) 327-1800 WINTER SPRiNGS. FLORIDA ZIP CODE 32708 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE PRESENT CODE SECTION 5-129 CONCERNING UTILITY EASEMENTS TO PROVIDE FOR THE FENCING OF DEDICATED RIGHT-OF-WAYS UNDER CERTAIN CONDITIONS; CREATING SECTION 44.21(1)d; TO PROVIDE AUTHORITY FOR THE BOARD OF ADJUS'IMENT TO HEAR SUCH REQUESTS; PROVIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday, August 24, 1982 , or as soon thereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal 'a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 29th day of July , 19 82. CITY OF WINTER SPRINGS, FLORIDA :fn..4'i'I;: /tMI;:;; Mary T. Norton, City Clerk SENTINEL STAR Publi.hed Daily Allamoote Springs, Seminole Count)', Florida ~tate of 'lotioa ( COC\'TY OF ORANGE \ 55 Before the undersigned authority personally appeared Nancy A. Puglia , who on oath says that she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being" Nor; r.p of Pun 1 ; r. Hprlr; n'J in the matter of Re: Ordinance, Utility Easements, etc. in the Court, was published in said newspaper in the issues of August 8, 1982 Affiant further says that the said Sentinel Star is a newspaper published at Al- tamonte Springs, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fm"ther says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pub- lication in the said newspaper, llCVn~ A / PucjM 11th Sworn to and subscribed before me this day of August 82 A.,D" 19_ fr;~M~tlJ J.I~nftd !Notary Public Notary Publi:;, State of Florida at Lare~ My Commission Expires July 13, 19135 Bonded by American Fire & Casualty Co.. ~~ ~ ADVERTISING CHARGE $ 23.20 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City i Commission of the City o:f. Winter ! Springs, Florida, that said Commiaiol'l , will hold a public hearing on an ordI- nance entitle as follo_ AN ORDINANCE OF THE CITY OF WINTER" SPl'tINGS, FLOR'IDA, AMENDING THE PRESENT CODE SECTION 5-129 CONCERNING UTILITY EASEMENTS TO PRO- VIDE FOR THE FENDING OF DEDICATED RIGHT-OF-WAYS UNDER CERTAIN CONDITIONS; CREATING SECTION 04<4,21(1)<1; TO PROVIDE AUTHORITY FO!'! THE BOARD OF ADJUSTMENT TO HEAR SUCH REOlJESTS; PROVIDING FOR SEVERABILITY; CONFLICTS AND EFFECTIVE DATE Thi" Public Hearing will be I\eId at 7:30 p,m, on Tuesday, Auguet 24, 1982, or as soon thereafter 88 poee;.. ble in the Commission Chamber, City Hall, 400 N, Edgemon AYe" 'Winter Springs. FlOrida, Copies of the proposed ordinance are ayailable ill'the office of the City Clerk for inspectioo, Inler_ perti... may appear at !his hearing. and be heard with respect 10 this propoeed ordinance. Please be aclvised the!, under ~ L_, if you decide to ftll?elil e' deCi- sion 1T\~ w:th respect to' this rt1atftwr. YOlJ will need a recOld of the proceed' ings and may need to ensure !hili a verbatim record is made. Deled lhis 29th day of July, 1982, CITY OF WINTEPl Sf'RINGS, FLORIDA Is/Mary T, Norton Mary T, NortOn, City Clerk L&-1~ ' " 2" ,AII9-8,t982 FORM 291 C