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79-O-26C 0 ORDINANCE NO. �9 D" oC �4O AN ORDINANCE AMENDING ARTICLE IX, PARAGRAPH 11, PUBLIC SITES AND OPEN SPACES, OF ORDINANCE NO. 79-0-7OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Article IX, Paragraph 11, entitled Public Sites and Open Spaces, is hereby amended to read as follows: Where a proposed school site, park, playground, or other public area shown on the adopted Comprehensive Plan is located in whole or part within the proposed subdivision, such sites shall be indicated in the preliminary plat. As a condition for the approval of the preliminary plat, the City Council shall require that not less than five (5%) per cent of the gross land area of the proposed subdivision be dedicated to the public use for recreational purposes. In computing this five (5%) per cent requirement, no part of any street, drainage ditch, sidewalk, alley, easement, right-of-way, waterway, lake or pond shall be included in the five (5%) per cent gross land area. At the dis- cretion of the City Council, the developer may be re- quired to pay in cash an amount equal to the fair market value to be established on the basis of the value of the platted land without improvements. The fair market value shall be established by an M.A.I. appraisal which said appraisal shall be at the expense of the subdivider. SECTION 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 3. This Ordinance shall take effect immediately upon its adoption by the City Council and approval as provided by law. SECTION 4. The City Clerk is hereby directed to advertise this Ordinance as required by law. The first reading of the above Ordinance is read in full and passed by vote of the City Council of the City of Edge ater, Florida, at a regular meeting of said Council held on the g��day of August, 1979, and approved as provided by law. The second reading of said Ordinance to be at a _44z rua meeting f the City Council to be held on the day of 1979. Roll call vote bei ATTEST: FIRST READING: SECOND READING: This Ordinance prepared by: JUDSON I. WOODS, JR. City Attorney a.'2tSZSii'SFT�7— " Counci ma - 2 -