465RESOLUTION NO. 465
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY
OF EDGEWATER, FLORIDA TO GIVE TESTIMONY IN BE-
HALF OF THE CITY OF EDGEWATER, FLORIDA AT A
HEARING REQUESTED BY THE. CITY OF NEW SMYRNA
BEACH, FLORIDA, BEFORE THE STATE DEPARTMENT 'ep
OF TRANSPORTATION FOR APPROVAL OF A GRADE
CROSSING OF THE FLORIDA EAST COAST RAILWAY
NEAR THE .SOUTHERN CITY LIMITS OF NEW SMYRNA
BEACH, AND PROVIDING AN EFFECTIVE DATE. THEREFOR.
WHEREAS the City of Edgewater, Florida encompasses within
its corporate limits some five hundred (500) acres of undevelop-
ed, inaccessible land and,
WHEREAS the Florida East Coast Railway right of way presently
prohibits accessibility to said land and,
WHEREAS under Article III of the Charter of the City of
Edgewater, Florida set forth the general powers, the City is
empowered and obligated to fairly administer to all properties
within its corporate limits the following services and regulations
to wit: Building and Zoning, utilities, transportation, police
and fire protection, sanitation, sidewalks, streets, drainage and
accessible road rights of way and,
WHEREAS the City of Edgewater has been negotiating with
the property owners in section 29 and 30, Township 17, South
Range 34 East and Lots 35AA, 35B and 36 in the G. Alvarez
Grant as shown in Map Book 3 page 137 of the Public Records of
Volusia County, Florida for improvement of said undeveloped,
inaccessible land and,
WHEREAS the City of Edgewater, Florida has negotiated with
the City of New Smyrna Beach for continuation of a raod right
of way through said undeveloped, inaccessible land into the
corporate limits of New Smyrna Beach.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
V6s
SECTION 1. That the Mayor, Dana T. Armstrong, is here-
by authorized and directed by the City Council of the City of
Edgewater, Florida to give testimony in behalf of the City
of Edgewater, Florida at a hearing requested by the City of
New Smyrna Beach, Florida before the State Department of
Transportation for approval of a grade crossing of the Florida
East Coast Railway near the southern city limits of New Smyrna
Beach, said request by the City of New Smyrna Beach, Florida
being set forth in Resolution Number 848 of the City of New
Smyrna Beach, Florida, passed unanimously by vote of the City
Commission on the 8th day of May, 1973.
SECTION 2. That in the absence of the Mayor, the Acting
Mayor is hereby authorized and directed to testify in behalf
of the City of Edgewater, Florida as set forth in Section One
of this Ordinance.
SECTION 3. That all Resolutions or parts of Resolutions
in conflict herewith be and the same are hereby rescinded.
SECTION 4. That this Resolution shall take effect
immediately upon its adoption by the City Council and approval
by the Mayor.
The above and foregoing Resolution was presented by
Councilman Bevel who moved its adoption, said
motion being seconded by Councilman Crip_,ger ,
and, upon roll call vote, the said Resolution was duly declared
adopted at a Special Meeting of the City Council of the City
of Edgewater, Florida, held on the /�f ' day of,
1973; the vote of said Council upon roll call being as follows:
ATTEST:
ity erc
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mayor
Approved this day of
ounce man
1973.
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ayor
ounce an
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This Resolution was prepared by
Joseph E. Weaver, City Attorney
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