99-O-23
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ORDINANCE NO. 99-0-23
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 2576 U. S. HIGHWAY NO.1 (BETWEEN
JOSEPH AVENUE AND ALICE AVENUE), VOLUSIA
COUNTY, INTO THE CITY OF EDGEW ATER, FLORIDA;
AMENDING THE DESCRIPTION OF CITY OF
EDGEW A TER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOL USIA COUNTY, THE VOL USIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Paul and Elizabeth Catlett, owners of certain real property located at 2576 U. S.
Highway No.1, in V olusia County, Florida. Subject property (Nice Place Restaurant) lies between
Joseph Avenue and Alice Avenue. The property contains approximately 1.05 acres.
2. The owners have voluntarily petitioned the City of Edge water for annexation pursuant
to Section 171.044, Florida Statutes.
3. The property is compact and contiguous to the City's boundaries and the conditions
for annexation and the economics thereof are satisfactory.
4. After a meeting on August 25, 1999, the Local Planning Agency reviewed the petition
and recommended by a vote of 6 to 0 that the property be annexed into the City.
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NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW A TER, FLORIDA.
1.
Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit A and depicted in the map identified as Exhibit B, which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges ofthe municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described above and depicted in the map identified as Exhibit B.
3. Pursuantto Section 2.01 of the Charter ofthe City of Edgewater , Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
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Underlined passages are added.
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilman Roberts and Second by Councilwoman Lichter, the vote on the
first reading/public hearing ofthis ordinance held on September 13, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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After Motion by Councilwoman Lichter and Second by Councilman Roberts, the vote on the
second reading/public hearing of this ordinance was as follows:
Mayor Randy G. Allman AYE
Councilman Jim Gornto ABSENT
Councilman Myron F. Hammond AYE
Councilman Gary W. Roberts AYE
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 27' day of September, 1999.
n I TEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By, 7 GV�
- Susan.1. W'adsuorlh Rand .Allman
C'ih Clerk Mayor
APPROVED FOR FORM
C _
AND CORRECTNESS:
Nikki Clayton
City Attomey
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EXHIBIT A
LEGAL DESCRIPTION
Lots 1,2,3,32,33,34,35, the East one-half of Lot 31, and the East 15.00 feet of Lot 4, Block C,
Edgewater Park Subdivision, per map recorded in Map Book 10, Page 154, of the Public Records
of V olusia County, Florida.
Containing approximately 1.05 acres.
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