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HomeMy WebLinkAbout2007 12 10 Public Hearing 506 Second Reading Ordinance Number 2007-31 Regarding Procedure Set Forth Section 17-27. of the City CodeCOMMISSION AGENDA ITEM 506 December 10, 2007 Meeting REQUEST: Consent Informational Public Hearing x Regular t. Mgr. / Att. / Dept. The City Attorney's Office requests that the City Commission adopt on second reading Ordinance No. 2007-31 regarding the procedure set forth in Section 17-27 of the City Code for vacating and abandoning streets and alleys. PURPOSE: The purpose of this ordinance is to amend the procedure set forth in Section 17-27 of the City Code for vacating and abandoning streets and alleys in order to allow for such action to be adopted by Resolution of the City Commission. Any resolution vacating any street or alley would be required to be advertised five (5) days prior to its consideration in a newspaper of general circulation. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Authority, Chapter 166, Florida Statutes. 2. Section 17-27, City Code. Vacating and abandoning streets and alleys. CONSIDERATIONS: 1. Section 17-27 of the City Code currently authorizes the City Commission to vacate or abandon existing roadways, streets or alleys and requires the City to notice any such action using the procedure applicable to vacating county roads under Section 336.10, Florida Statutes. Page 1 of 2 2. Section 336.10, Florida Statutes, requires: a.) That any vacation or abandonment of public roadways be noticed in an newspaper of general circulation at least two (2) weeks prior to the hearing on same. b.) Upon the adoption of the resolution, notice shall be published one time, within thirty (30} days following its adoption, in one issue of a newspaper of general circulation. c). Additionally, the proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the notice of the adoption of such resolution shall be recorded in the deed records of the county. 3. This requirement is burdensome with regard to the publication cost incurred by the City. This ordinance amends and resolves this burden and reduces the costs incurred by the City to vacate rights of way. 4. This ordinance proposes simplifying and streamlining the procedure for the City Commission to vacate public streets and alleys by requiring public notice be provided in a newspaper of general circulation five (5) days prior to any hearing on a vacation or abandonment of streets or alleys. This ordinance also clarifies that any such action shall be by resolution of the City Commission. STAFF RECOMMENDATION: The City Attorney recommends that the City Commission adopt Ordinance No. 2007-31 on second reading. ATTACHMENT: Ordinance No. 2007-31 COMMISSION ACTION: On November 26, 2007, the City Commission approved Ordinance No. 2007-31 on first reading. Page 2 of 2 ORDINANCE N0.2007-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE PROCEDURE SET FORTH IN SECTION 17-27 OF THE CITY CODE FOR VACATING AND ABANDONING STREETS AND ALLEYS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 1 aw; and WHEREAS, the City has jurisdiction over all streets and highways located within its boundaries, except state roads, as provided in section 316.006(2) of the Florida Statues; and WHEREAS, the City Commission desires to change the procedure for vacating public streets and alleys; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 17. Sidewalks, Streets and Other Public Places, is hereby amended as follows (underlined type indicates additions and sfrileatrt type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 17. It is intended that the text in Chapter 17 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 17. SIDEWALKS, STREETS AND OTHER PUBLIC PLACES City of Winter Springs Ordinance INTO. 2007-31 Page 1 of 3 x~* ARTICLE II. STREETS *~* Section 17-27. Vacating and abandoning streets and alleys. The city commission is hereby authorized to vacate, abandon, discontinue, or close any existing roadway, street or alley, and to renounce and disclaim any right of the city and public in and to any land, delineated on any recorded map or plat as a roadway, street or alley. ~~re•proeed~t~~e-ta . , pry: Such action shall be by Resolution, and shall be published in a newspaper ofgeneral circulation at least five (5) da~prior to adoption, and shall be duly recorded in the official public records of Seminole County upon adoption. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors maybe corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS) City of Winter Springs Ordinance No. 2007-31 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2007. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date of Ordinance: City of Winter Springs Ordinance No. 2007-31 Page 3 of 3 ORDINANCE N0.2007-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE PROCEDURE SET FORTH IN SECTION 17-27 OF THE CITY CODE FOR VACATING AND ABANDONING STREETS AND ALLEYS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City has jurisdiction over all streets and highways located within its boundaries, except state roads, as provided in section 316.006(2) of the Florida Statues; and WHEREAS, the City Commission desires to change the procedure for vacating public streets and alleys; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 17. Sidewalks, Streets and Other Public Places, is hereby amended as follows (underlined type indicates additions and ~ type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 17. It is intended that the text in Chapter 17 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 17. SIDEWALKS, STREETS AND OTHER PUBLIC PLACES City of Winter Springs Ordinance No. 2007-31 Page 1 of 3 **~ ARTICLE II. STREETS ~*~ Section 17-27. Vacating and abandoning streets and alleys. The city commission is hereby authorized to vacate, abandon, discontinue, or close any existing roadway, street or alley, and to renounce and disclaim any right of the city and public in and to any land, delineated on any recorded map or plat as a roadway, street or alley. . , p~bi~ Such action shall be b~ Resolution and shall be published in a newspaper of general circulation at least five (5~ days prior to adoption and shall be duly recorded in the official public records of Seminole County upon adoption. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors maybe corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code maybe freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2007-31 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of December 2007. `~ /y ~ °~ J N F. BUSH, Mayor ATT S :~ AN LORENZO-LUACES City _ Jerk APPR AS TO LEGAL FORM AND SUFFICIENCY FO ITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: November 26 2007 Second Reading: December 10, 2007 Effective Date of Ordinance: see section 6. City of Winter Springs Ordinance No. 2007-31 Page 3 of 3