Annexing Adjacent Property - 04-22-1957A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, ENTITLED:
A RESOLUTION DIRECTED TO THE VOLUSIA COUNTY
LEGISLATIVE DELEGATION CONSISTING OF SENATOR
E. W. GAUTIER AND REPRESENTATIVES JAMES H.
SWEENEY, JR. AND FREDERICK B. KARL, REQUESTING
THAT A SPECIAL ACT AMENDING THE CHARTER OF THE
CITY OF EDGEWATER BE PASSED PROVIDING THAT THE
CITY COUNCIL OF THE CITY OF EDGEWATER MAY, UPON
PETITION FROM A MAJORITY OF THE OWNERS OF
PROPERTY ABUTTING ON AND LYING ADJACENT TO THE
PRESENT CORPORATE LIMITS OF THE CITY OF EDGEWATER,
ANNEX SAID PROPERTYYI, BY ORDINANCE, AND p PROVIDING THE
ANNEXATIONTO : SAIDFSPECIAL ACTTBE PRESENTEDOBYSUCH
ADVERTISEMENT AND NOT BE REFERENDUM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, AS FOLLOWS, TO -WIT:
Section 1. That the legislative delegation of Volusia
CoutT7,—nESSsting of Senator E. W. Gautier and Representatives
James A. Sweeney, Jr. and Frederick B. Karl, be requested to
present at the next legislative session of the State of Florida,
an act providing that the City Council of the City of Edgewater,
may, upon petition from a majority of the owners of property
abutting on and lying adjacent to the present corporate limits
of the City of Edgewater, annex said property by Ordinance, and
providing the procedure to be followed by the Council for such
annexation.
Section 2. That a copy of this Resolution be presented to
Senl=='7. Gautier and Representatives James H. Sweeney, Jr.
and Frederick B. Karl.
Section 1. That this Resolution shall become effective
imm i�� a eSy upon its adoption.
Approved this 22nd day of April,
A.D. 1957.
"t
A i'CSOLUTION OF THE CITY COUNCIL 0? THE CITY OF FMEWATER,
FLORIDA, F;NTITLEDT
A P-3SOLUTION DIRECTM TO THE VOLUSIA COUNTY
LEGISLATIVE DMMATION CONSISTING OF SENATOR
S. W. OAVCIEP An REPRESENTATIVES JAMES H.
SWEENEY, J'". AND PrEDERICii B. YARL, RE^,UL:STING
THAT A SPECIAL ACT AMEIMID THE CHARTED OF THE
CITY OF EDGEWATER BE PASSED P"OVIDINO THAT TH
CITY COUNCIL OF TB CITY OF EDGEWATER MAY, UPON
PETITION MOM A MAJORITY OF THE OWNERS OF
PROPERTY ABUTTING ON AND LYING ADJACENT TO M
PRESENT CO^PORATE LIMITS OF T8[; CITY OPEIOEWATER.
ANNEX SAID P^OPERTY HY ORDINANCE, AND PROVIDING THE
PROCEDURE TO BE FOLLOWED BY TFM COUNCIL M SUCH
ANNEXATION. SAID SPECIAL ACT BE PRESENTED BY
ADVEMSEMENT AND NOT BE REF"..RZNDUM.
DE IT uESOLVED BY THS CITY COUNCIL OF THE CITY OF ELOEWATER,
FLOVIDA, AS FOLLMS, TO -WITS
Bection 1. That the legislative delegation of Volusta
^oun y'i ; -M 3stin;; of Senator Z. W. Oautier and ^aprosontativos
James H. Sweeney, Jr. and Frederick B. Karl, be requested to
present at the next legislative session of the ^,tate of vloride,
an act providing that the City Council of the City of Edgewater,
may, upon petition from a majority of the owners of property
abuttinf, an and lyint adjacent to the present corporate limits
of the city of ?dzowater, annex said property by Ordinance, and
providinL the procedure to be followed by the ouncil for such
annexation.
"action 2. That a copy of this `;osolution be presented to
^,ana r.-'s. Cautior and ?eprssentativea Janos R. Sweeney, Jr.
and 7roderick B. Carl.
Section That this POeolution shall become affective
imne a upon ita adoption.
APMUMd this 22od dsy of April,
A#D. 1957.
s/ George 0. Sedgwick
sLlrc George 0. Sedgwick Yea
s/ David L. Washburn Yea
s( acn1�A. S Sr. Yea
%etas
s/ Herman John Yea
ccuncjlman �"—
s/ Bernard Nprrell Yea
Counalinin——
AN ACT RELATING TO THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 27532, LAWS OF
FLORIDA, SPECIAL ACTS OF 1951, BEING THE
CITY CHARTER OF THE CITY OF EDGEWATER,
FLORIDA, BY ADDING TO SECTION 7 OF SAID
CHARTER AND SECTION, A NEW SUB -PARAGRAPH
DESIGNATED SECTION 7A; PROVIDING ENABLING
LEGISLATION FOR THE FUTURE ANNEXATION OF
CONTIGUOUS TERRITORY BY ONE OF THE FOLLOWING
TWO METHODS: 1. BY REFERENDUM ELECTION,
OR 2. BY PETITION AND CONSENT OF TWO-THIRDS
OF ALL LANDOWNERS IN THE AREA SOUGHT TO BE
ANNEXED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDAt
SECTION 1. Chapter 27532, Laws of Florida, 1951, being
the Charter of the City of Edgewater, Florida, is hereby
amended by addition to Section 7 of said Charter and section,
a new sub -paragraph designated Section 7A to read:
Section 7A. Annexation. To annex contiguous territory
to the City by one (1) of the two (2) following methods:
1. By referendum election in which all freeholders
of the territory to be annexed who are qualified electors of
Volusia County shall be eligible to vote; such annextion shall
be approved by two-thirds (2/3) of the votes cast in any such
election; said election shall be held pursuant to and after a
resolution calling for same has been passed by the City Council
Of the City of Edgewater and after notice of the proposed
election has been published in a newspaper of general circulation
in said city once a week for four consecutive weeks, four publics-
tiona being sufficient, or posted in the City Hall and two other
conspicuous and public places; saidresolution and notice shall
contain a description of the area sought to be annexed and
the date and place said election is to be held; provision
shall be made for special registration for said election;
the cost of such election shall be borne by the City of
Edgewater; or
2. That any unincorporated territory lying
continguous or adjacent to any boundary of the City of Edgewater,
Volusia County, Florida, may be annexed to and become part of
such City of Edgewater subject to the jurisdiction, obligation,
benefits and privileges of the City of ;Edgewater, except as
herein otherwise provided, under the following method, to -wit:
(a) Such territory may be .integrated into
and made a part of the City of Edgewater upon petition of not
less than two-thirds (2/3) of the landowners representing two-
thirds (2/3) of the territory to be integrated into and made
a part of said City of Edgewater,
(b) The petition or petitions for integration
into the City of Edgewater shall be substantially in the following
form:
PETITION TO INTEGRATE TERRITORY INTO THE CITY OF
EDGEWATER, VOLBSIA COUNTY, FLORIDA.
This petition is filed pursuant to Chapter (here insert
official Chapter number of this .Act as the same appears in the
office of the Secretary of State), (Laws of Florida, Acts of
), for the purpose of integrating the herein described
lands into the City of Edgewater, Florida.
We, the undersigned, being landowners in the hereinafter
described territory, hereby file this our petition for annexation
of the following described territory Into the City of Edgewater,
Florida, in accordance with the above referred to laws of
Florida, to -wit:
(HERE DESCRIBE TERRITORY)
(Here place signatures of petitioners, showing in detail
residence, post office address, and property owned in the
property heroinabove described.)
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(c) As many separate petitions as may be
desired may be filed affecting the same area and if such
petitions are insufficient for any reason, additional or
supplemental petitions may be filed.
(d) When completed such petitions, and
additional or supplemental petitions, shall be filed with the
City Clerk of the City of Edgewater. After filing with the
City Clerk, no petition shall be withdrawn, nor shall any
petitioner be permitted to withdraw his signature therefrom.
(a) The petition or petitions meeting
the requirements of this act shall thereupon be presented to
the City Council of the City of Edgewater, at its next regular
meeting, togeth,r with a certificate from the City Attorney,
showing a sufficient legal description of the area to be
annexed and that the Petitioners constitute two-thirds (2/3)
of the owners of the land contained in said description.
(f) Within six months after the presentation
of such approved petitions, the City Council in its discretion
may adopt a resolution or enact an ordinance setting forth the
filing of said petitions, and the certification of the engineer
or the surveyor as to the sufficiency of the description of the
land contained therein, and shall resolve or ordain that the
said area is incorporated into the municipality, effective as
of a particular date, determined by the City Council, which
effective date shall be not more than one year from the time
of the presentation of the petition for annexation as provided
for under the provisions of this act; or the governing body
may reject said petitions by resohution within such six monthal
period or by non -action on their part within said period, whereupon
said petitions shall become null and void. No petitions for
annexing the same territory shall be filed until after a lapse
of one year from the time of such rejection by resolution or
non -action.
SECTION 2. Upon the adoption of a resolution or enactment
of an ordinance annexing any such unincorporated territory to
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the City of Edgewater, such territory shall become a part of
said City of Edgewater on the effective date, provided, however,
that such territory shall not be subject to ad valorem taxation
until January 1st following the effective date of annexation,
provided however that no territory annexed pursuant to this act
shall be subject to the prior bonded indebtedness of said city;
and such territory shall be subject to the jurisdiction, obliga-
tions, benefits and privileges of the municipality, except as
herein otherwise provided, the same as the area constituting the
municipality to which it was annexed.
SECTION 3. After the effective date of such annexation all
residents in the newly annexbd territory shall have the same
rights to vote in City elections and to hold public office in
the city, as though the newly annexed territory had been a part
of the said City of Edgewater for at least three months prior
to the effective date of annexation. If the city should have a
division into municipal districts or wards for election purposes,
the newly annexed territory shall be added to such districts or
wards as the governing body of the city shall in its discretion
determine.
SECTION 4. All persons, firms or corporations lawfully
licensed to engage in any profession, occupation, trade or business
within the annexed territory on the effective date of its annexa-
tion may upon paying the license taxes required by the City of
Edgewater thereupon be entitled to carry on such profession,
occupation, trade or business in the annexed area without obtaining
a required permit or certificate granted by any examining board
of the city; but such right may be terminated for cause after a
hearing by the appropriate examining board of the city. Such
licenses must qualify with said examining boards to engage in any
profession, occupation, trade or business in the existing area
to which the new territory was annexed.
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SECTION 5. This act shall be cumulative and nothing in
this act shall be deemed to repeal or be inconsistent with any
other law of the State of Florida, authorising the extension of
municipal boundaries of the City of Edgewater, Florida.
SECTION 6. SAVING CLAUSE - The provisions of this act are
separable and if any part of section, paragraph, sentence or
clause of this act shall be adjudged by court of competent
jurisdiction to be invalid, subject decision shall not affect
the validity of any other portion thereof, and shall be restricted
and limited in its operation and effect to that specific portion
involved in the controversy in which the decision shall have
been rendered.
SECTION 7. All laws, or parts of laws, ordinances or
regulations, insofar as they are in conflict or inconsistent
with the provisions of this act, be and in the same are hereby
cancelled.
SECTION 6. EFFECTIVE DATE -- This act shall take effect
immediately upon its passage or approval by the Governor of the
State of Florida, or become a law without such approval.
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