HomeMy WebLinkAboutOrdinance 89-34 not passed
ORDINANCE NO.
89-34
FIRST READING: Auaust 22, 1989
SECOND READING: SeDtember 19, 1989
CASE NO. 1-6A-89:KENJEN
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
TO EXTEND THE MUNICIPAL LIMITS TO ANNEX,
PURSUANT TO FLORIDA STATUTE 171.044, THE
HEREINAFTER DESCRIBED LAND SITUATED AND
BEING IN ORANGE COUNTY, FLORIDA AND
PETITIONED BY DOUGLAS H. JENNINGS, SR.
AND PATRICIA L. PIKE AS TRUSTEES OF THE
TRUST OF H. KENNETH JENNINGS PROVIDING FOR
AND AUTHORIZING THE UPDATING OF OFFICIAL
CITY HAPS; PROVIDING DIRECTION TO THE CITY
CLERK; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING
EFFECTIVE DATE.
WHEREAS, Douglas H. Jennings, Sr. and Pat L. Pike as
Trustees of the Trust of H. Kenneth Jennings ha e petitioned the
City Commission of the City of Ocoee, Florida, to annex property
located in Orange County, Florida; and
WHEREAS, Florida Statute 171. 044 of Laws of
Florida provides that a municipal corporat on may annex property
into its corporate limits, upon voluntary petition of the owners
and by passing and adopting a non-emergen ordinance to annex said
property; and
WHEREAS, the City commission of t e City of Ocoee is desirous
of annexing and redefining the bound ries of the municipality to
include the subject property pursua to Florida Statute 171.044,
THE CITY COMMISSION OF THE
NOW, THEREFORE, BE IT ENACTE
CITY OF OCOEE, FLORIDA, AS FOLLO
SECTION 1. That the f lowing described property being
situated in Orange County, FI rida, totaling approximately 28.5
acres being the same as des ibed below and as shown in sealed
boundary survey provided to he City, is hereby annexed into the
city of Ocoee, Florida, purs ant to voluntary annexation provisions
of Chapter 171.044, Florid Statutes and other applicable laws.
LEGAL DESCRIPTION:
All that part of e North 1/2 of the Northwest 1/4 of the
Northeast 1/4 of ection 4, Township 22 South, Range 28 East,
lying south of p ved County Road: And the Southeast 1/4 of
the Northwest 1A~ of the Northeast 1/4 and the Southwest 1/4
of the Northea 1/4 of the Northeast 1/4 of said Section 4,
Township 22 S th, Range 28 East, all lands lying in Orange
County, Flori a.
.
SECTION That the corporate territorial limits of the City
of Ocoee, Flori a, are hereby redefined to include said land herein
described and nnexed.
SECTION 3. That the City Clerk is hereby authorized to update
and supplem nt official City maps of the City of Ocoee, Florida,
to include said land herein described and annexed.
SEC ON 4. That the land herein described and future
inhabita ts of the land herein described shall be liable for all
debts a d obligations and be subject to all species of taxation,
laws, rdinances, and regulations of the City of Ocoee, Florida,
and be entitled to the same privileges and benefits as other areas
of the city.
Page 2
Case No. 1-6A-89:KENJEN
SECTION 5. Severabilitv. If any section, subsection,
sentence, clause, phrase, or portion of this Ordinance 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 6. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
.
SECTION 7. That this Ordinance shall take effect upon passage
and adoption, and that thereafter the City Clerk is hereby directed
to file a certified copy of this Ordinance with the Secretary of
State of the State of Florida and with appropriate agencies in and
for Orange County, Florida.
ENACTED THIS
DAY OF
, 1989.
ATTEST:
CITY CLERK
FOR USE AND RELIANCE BY THE CITY OF OCOEE,
FLORIDA, APPROVED AS TO FORM AND LEGALITY:
THIS
DAY OF
, 1989.
FOLEY, LARDNER, VAN DEN BERG, GAY, BURKE,
WILSON AND ARKIN
CITY ATTORNEY
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ADVERTISED SeDtember 7, 1989
READ FIRST TIME Auqust 22, 1989
READ SECOND TIME AND ADOPTED
, 1989
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
.
, 1989 UNDER
AGENDA ITEM NO.
.
CITY OF OCOEE
ANNEXATION PE1-ITION.
Casc No. 1-6^-89 KEN.IEN: lnvnlvlnr, n 2R.5 nerc pllrcel locnted on
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ANNBXATION HOLD HARMLBSS AGRBBMBNT
This Agreement, made this 02/ ~ day of 3GP~H2-, 19 ~t by
and between
Douglas H. Jennings, Sr. and Patricia L. Pike, as Trustees
,
of the Trust of H. Kenneth Jennings
referred to as "Petitioner") and the City of Ocoee,
(hereinafter
a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as "City").
.
WITNBSSBTH:
WHEREAS, Petitioner warrants that it holds legal title to
that certain land situated in Orange County, Florida, described
in Exhibit "A" attached hereto (hereinafter referred to as the
"Property"); and
WHBRBAS, Petitioner has petitioned the City for annexation
of the Property into the city limits, an4 said petition is
identified, for reference by the City, as Case' 1-6A- g-q and
WHBRBAS, the City will contemplate annexation of the
Property upon execution of this Agreement by the parties hereto,
NOW, THBRBFORB, for and in consideration of the mutual
promises contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Petitioner shall indemnify the City of Ocoee, and each
Commissioner and employee thereof (an "Indemnitee"), and agrees
to save, defend and hold each Indemnitee free and harmless from
and against any and all liabilities, claims, demands, losses,
4Irpenses, damages, fines,
actions and. costs of actions,
fees, penalties, suits, proceedings,
sanctions asserted by or on behalf
of any person or governmental authority and other liabilities
(whether legal or equitable in nature, and including, without
limitation, court costs and reasonable attorneys' f~es) to which
any Indemnitee may be subject or incur, arising out of, caused
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by, or otherwise relating to the annexation of the Property into
the City of Ocoee.
2. The City shall proceed to consider annexation of the
Property.
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3. This Agreement shall be binding upon the City of Ocoee
and Petitioner, their successors and assigns of all or any
portion of the Property.
4. Nothing contained herein shall limit the right of~ the
City to prescribe other reasonable conditions to be complied with
by Petitioner prior or subsequent to annexation.
5.
.verned
This Agreement and provisions contained herein shall be
by and interpreted in accordance with the laws of the
State of Florida.
IN WITHBS8 WHBRBOF, the parties hereto have executed this
Agreement as of the date and year first above written.
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Sealed and del' ered
resence f:
Sr.
lk~u~'PIL
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As to "Jennings
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As to "Pike"
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Patricia L. Pike
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Thomas R. Ison, Mayor
Attest: ~~..
Grafton ,
City Clerk
STATE OF FLORIDA
COUNTY OF .~
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I HEREBY CERTIFY that on this day, before me, an officer
~UlY authorized in the State and County afor~ .to take
acknowledgments, personallY appeared Z;;;/6/A.<s //....... ~~~ ;S/!,
and that ~ acknowledged executing the same in the pre ence
of two subscribing witnesses, freely and voluntarily.
WITNESS my hand and
last aforesaid thi~~~~
(NOTAl\X.SEAL)
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official seal in the County and State
day Of~~......../.N'~
.. NOTARY PUBLIC
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My Commission Expires:
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NOTARY poouc STATE OF flORIDA
MY CQMt1ISSIOO EXP. OCT. 7,1992
6(H)ED THRU GENERAl INS. UNO.
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STATE OF FLORIDA
COUNTY OF 6?~~jO&s~
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I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State Bnd County aforesaid to take
a~~nowledgements, perSOnallY~p eared fnt~~/4 ~ /?/C~
t)fe M~or )d ~E ~Y ~ 0 , to me known to be the person
described in and who acknow edged before me that the foregoing
instrument was executed by He-~ for the purposes therein
expressed.
(NOTARY SBAL)
the County
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and
State
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WITNESS my hand aqd official
aforeaaid this /~ day of
My Commission Expires:
Notary Pub!ic, S~Cite of ficrida
Nly Comrni,s:c:1 ~"";.rp !,.~- () ~ 99"
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Bonded Tnru Troy fain .In;urao,~ In..
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STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State 'and County aforesaid to take acknowledgements, personally appeared
Thomas R. Ison, the Mayor of the CITY OF OCOEE, to me known to be the person
described in and who acknowledged before me that the foregoing instrument was
executed by him for the purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid
this ol (~ day of ~Erf~~6-t2- , 1989.
(NOTARY SEAL)
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My Connnission expires: ,41.{4Ulr- "JltfY~
.
FOR USE AND MLIANCl ONLY
BY THE CITY OF ocou.
APPROVED~ FOMI AND LI8M.nY
1IUI l ., _at SEPT .r/3s
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