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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