HomeMy WebLinkAboutVI (A) Resolution No 95-03, Closing of Floral Street Alleyway AGENDA 5-2-95
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A
Ocoee J.JVV 11 YAIV✓11\Vl\Ll A
o7 COMMISSIONERS
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a CITY OF OCOEE RUSTY JOHNSONPAUL W.FOSTER
vO 150 N.LAKESHORE DRIVE SCOTT A.GLASS
f+� OCOEE,FLORIDA 34761-2258 JIM GLEASON
7 j, �� ,� (407)656-2322 CITY MANAGER
f� Of G00V%` ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: April 24, 1995
RE: CLOSING OF ALLEYWAY
For almost a year, Mr. Benaglio of Floral Street has asked that the City vacate the alley north
of Floral Street. Up until recent past, there appeared to be a neighborhood dispute regarding
this alley that resulted in us not wanting to become involved with this decision. Furthermore,
the City has taken a position that the incremental vacation of alleyways by the City not be
done until such time as a comprehensive vacation program can be completed by the
Engineering Department.
It now appears that the neighborhood disagreement regarding this alleyway has ended and
after a review by the City Engineer and Public Works Director, it appears that there is no
public need for this alley and, therefore, we recommend that this alley be closed by the City.
Under current law, the City Commission has the sole authorization for the closing of a public
right-of-way. Therefore, we would respectfully request that this alley be closed at your
meeting of May 2, 1995.
Respectfully Sub 'tted,
ES3:fdg:101 1:404,17
cc: Jim Shira, City Engineer
Ron Strosnider, Fire Chief
Robert Mark, Police Chief
Ray Brenner, Public Works Director
RESOLUTION NO. 95-03
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
CLOSING CERTAIN PORTIONS OF AN ALLEY LOCATED
BETWEEN FLORAL AND MCKEY STREETS LOCATED IN
THE CITY OF OCOEE, SAID ALLEY BEING LOCATED IN
BLOCK 3, TOWN OF OCOEE, AS RECORDED IN PLAT
BOOK A, PAGE 100, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to close certain portions
of an alley located between Floral Street and McKey Street in the City of Ocoee, said alley being
located within Block 3, Town of Ocoee, as recorded in Plat Book A, Page 100, of the Public
Records of Orange County, Florida and being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof.
WHEREAS, said alley is located within the corporate limits of the City of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee finds that the closing of said alley
is consistent with the City of Ocoee Comprehensive Plan and is necessary to protect the public
health, safety and welfare; and
WHEREAS, the closing of said alley will not deny access to adjoining properties or
unreasonably interfere with the rights of the public to travel upon the streets and alleys within the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes and Section C-8(EE) of Article II of the Charter of the
City of Ocoee.
SECTION TWO. Closing of Alley. The City Commission of the City of Ocoee,
Florida, hereby closes a portion of that certain alley located between Floral Street and McKey
Street in the City of Ocoee, said alley being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof. Said alley shall remain closed until such time
as this Resolution is repealed by the City of Ocoee. The adoption of this Resolution is not
intended to create an abandonment of any rights and privileges of the City of Ocoee in and to said
alley.
SECTION THREE. Recordation. A certified copy of this Resolution shall be filed
with the Orange County Comptroller and duly recorded among the Public Records of Orange
County, Florida.
SECTION FOUR. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
SECTION FIVE. Effective Date. This Resolution shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of , 1995.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
2
FOR USE AND RELIANCE ONLY BY READ FIRST TIME AND ADOPTED
THE CITY OF OCOEE, FLORIDA , 1995
APPROVED AS TO FORM AND LEGALITY UNDER AGENDA ITEM NO.
this day of , 1995.
FOLEY & LARDNER
By:
City Attorney
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