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REJECTED
ORDINANCE NO. 93-0-09
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED IN SECTION 32, TOWNSHIP 17 SOUTH,
RANGE 34 EAST, VOLUSIA COUNTY, INTO THE CITY
OF EDGEWATER, FLORIDA; AMENDING THE
DESCRIPTION OF CITY OF EDGEWATER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA
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. Massey Enterprises, Massey Development Corporation,
Milenko Milicev, Mabel Pellew, Anthony N. Guarnieri, Lorie
Guarnieri, C. Gilbert Tweed, Teresa M. Tweed, Paul A. Harris,
Patrick A. Donnelly and SunBank of Volusia County are the owners of
certain real property located in Volusia County, Florida, which is
more particularly described in Exhibit A which is attached hereto
and incorporated by reference.
2. The owners have voluntarily petitioned the City of
Edgewater for annexation pursuant to section 171.044, Florida
Statutes.
3. The property is contiguous to the City's boundaries and
the conditions for annexation and the economics thereof are
satisfactory.
4. At a meeting on December 10, 1992, the Land Development
and Regulatory Agency reviewed the petition and accompanying
Annexation Agreement and recommended that the property be annexed
into the City.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEWATER, FLORIDA.
1. Pursuant to section 171.044, Florida Statutes, that
certain real property described in Exhibit A, is hereby annexed
Struck through passages are deleted.
Underlined passages are added.
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into and made part of the City of Edgewater, Florida, and shall be
subject to the jurisdiction, obligations, benefits, and privileges
of the municipality and to the terms of that certain Annexation
Agreement which is attached hereto and incorporated by reference as
Exhibit B.
2. The boundaries of the City of Edgewater are hereby
redefined to include the property described in Exhibit A.
3. Pursuant to Section 2.01 of the Charter of the 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.
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 Jones and Second by Mayor Hayman
yielding gavel, the vote on the first reading of this ordinance
held on June 7, 1993, was as follows:
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Underlined passages are added.
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Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin NAY
Councilman Mike Hays NAY
Councilman David L. Mitchum NAY
After Motion by XXX and Second by XXX, the vote on the second
reading of this ordinance was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this XXXX day of XXXXXXXXXXXX, 1993.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Susan J. Wadsworth
City Clerk
By:
Jack H. Hayman, Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
Struck through passages are deleted.
Underlined passages are added.
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