O-096-C
.
.
CODE ORDINANCES
ORDINANCE NO. 96 C
N~
297
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ESTABLISHING
A PROCEDURE FOR THE CLOSING, VACATION, AND PERMANENT
ABANDONMENT OF CITY STREETS; DEFINING "STREETS";
PROVIDING FOR PETITIDN TO THE CITY COUNCI~; ESTABLISH-
ING A FILING FEE; PROVIDING FOR ADVERTISEMENT AND
PUBLIC NDTICE; PROVIDING FOR THE CITY TO RETAIN
UTILITY EASEMENTS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT:
The Code of Ordinances of Clermont, F1orida"is hereby amended by
adding the following Article I to be numbered as follows, which said article
and sections read:
SECT! ON 1
;j
ARTICLE I - STREET CLOSING
SECTION 19-1. PURPOSE: DEFINITIONS.
The purpose of this article is to establish an orderly procedure for
closing and permanently abandoning municipal streets within the City of Clermont.
The word "street" shall mean any public street, avenue, road, alley,
highway, lane, path, or other public way located in the City of Clermont às shown
on any of the various maps and plats of the City of Clermont, Recorded in the
Public Records of Lake County, Florida.
SECTION 2
PROCEDURE FOR STREET CLOSING
SECTION 19-2
(1) FILING OF PETITION; INFORMATION REQUIRED.
Whenever anyone who is the owner of or has any legal interest in
property abutting a street within the City of Clermont shall desire that said street
be closed and permanently abandoned, he shall file a petition at the office of
the City Clerk setting forth the following information:
A. The Petitioner's full name and mailing address
B. The legal description of his property involved.
C. A plot plan (schematic drawing of the property involved. s~9wing
the location of that portion of the street requested to be closed and permanently
abandoned, and including a survey of the property and street involved if deemed
necessary by the City Counèi1 or the City Attorney.
D. The purpose for which the street is requested to be closed.
E. The names and mailing addresses of all property owners abutting
the portion of the street requested to be closed and abandoned.
(2) FILING FEE; NOTICE; HEARING; NOTIFICATION OF PROPERTY OWNERS.
When a petition containing the aforesaid information is filed with
the City Clerk along with a filing fee of $25.00, the Clerk shall forthwith cause
notice of the same to be published as a legal notice in a local newspaper, no less
than ten days prior to the date set for hearing on the same, and shall enter the
.
.
CODE ORDINANCES
ORDINANCE NO 96-C
N~
298
matter on the agenda of the next regular meeting of the City Council if said
meeting is ten or more days forthcoming, otherwise the matter shall be advertised
and set for hearing at the following regular meeting wherein ten days notice could
be given; furthermore, all property owners abutting that portion of the affect
street shall be individually notified by official letter from the city, stating
the conditions of the request.
(3) At the regularly scheduled City Council meeting wherein the
requested street closing appears on the agenda, the City Council will act upon
the requested street closing. Upon motion and second of the City Council, an
ordinance may be introduced and passed as provided by law, closing and permanently
abandoning all or any portion of the street requested to be closed by the petition.
Said Ordinance shall be introduced and passed according to 1aw-
SECTION 3
SECTION 19-3 RETENTION OF UTILITY EASEMENT
Whenever it shall appear to the City Council that the City of Clermont
does not have a Utility easement along the street requested to be closed, the City
shall retain a utility easement on any street closed and permanently abandoned
pursuant to the provisions of this ordinance.
SECTION 4
SECTION 19-4
Any municipal ordinance duly passed as provided by law, which closes
and permanently abandons any street within the City of Clermont, shall be recorded
by the City Clerk of the City of Clermont in the Public Records of Lake County,
Florida.
SECTION 5
This ordinance is passed pursuant to the authority of the Charter of
the City of Clermont, Lake County, Florida, and the general and special laws of
the State of Florida.
SECTION 6.
repealed.
All Ordinances or parts of ordinances in conflict herewith are hereby
SECTION 7
Should any section or part of a section of this Ordinance be declared
invalid by any court of competent jurisdiction, such adjudications shall not apply
or affect any other provision of this Ordinance, except to the extent that the entire
section or part of the section may be inseparable in meaning and effect from
the section to which such holding shall apply.
SECTION 8
This Ordinance shall be published as provided by law and it shall
become law and shall take effect at 12:01 A. M. on the 27th day of September, A. D.
1973
.
.
COD E 0 R DIN A N C E S
ORDINANCE NO 96-C
No. 299
First Reading this 14th day of August, A. D. 1973
Second Reading this 28th day of August, A. D. 1973
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS oZ.J!TIv DAY OFt!7AA7-:l , A. D. 1973
CITY OF CLERMONT
By:
MYOR
ATTEST:
O~ðA~i¿ j6ï~~
APPROVED by me this »-tPv day of ~
, A. D. 1973
M.IIYOR
CERTIFICATE OF PUBLICATION
I HEREBY CERTIFY that a certified copy of the foregoing Ordinance
No. 96-C was published one time between the First and Second Reading of said
Ordinance in a newspaper of general circulation located within the City of Clermont,
as required under the Charter of the City of Clermont, Florida, said Ordinance
having been published on the.;2,.]~day of ¥ A. D. 1973
LQaM¿) 'Y/.¡;A~
City cfèrk