HomeMy WebLinkAboutOrdinance 2004-06
11111 ~ III" II " III I II g I~ IIIIIIII n IIIIIII
ORDINANCE NO. 2004-06
INSTR 20040262229
OR BK 07415 PG 0001 PGS=6
MARTHA O. HAYNIE, COMPTROLLER
ORANGE COUNTY, FL
05/04/2004 12:11:12 PM
REC FEE 28.50
TAX PARCEL ID # 31-22-28-0000-00-025
CASE NO. AR-04-02-15: MAGUIRE ROAD PUMP STATION
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.666 ACRES LOCATED ~-MILE NORTH OF THE
INTERSECTION OF MAGUIRE ROAD AND ROBERSON ROAD ON
THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real
property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex said real property into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the
requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter
180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JP A Agreement") which affects the annexation of the real
property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has
reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive
Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with
the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to
the Ocoee City Commission that it approve said annexation petition; and
- 1 -
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044,
Florida Statutes, to annex said real property into its corporate limits upon petition of the owners
of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the
boundary lines of the City ofOcoee, Florida, to include said real property.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. The Ocoee City Commission has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida
Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. The Ocoee City Commission hereby finds that the petition to annex certain
lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida.
Section 3. The following described real property located in unincorporated Orange
County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL
DESCRIPTION ATTACHED HERETO AND BY
THIS REFERENCE MADE APART HEREOF).
Section 4. A map of said land herein described which clearly shows the annexed area
is attached hereto and Exhibit "B" and by this reference is made a part hereof.
Section 5. The Ocoee City Commission hereby finds that the annexation of said land
herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and
meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A
Agreement, and the Ocoee City Code.
Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby
redefined to include said land herein described and annexed.
Section 7. The City Clerk is hereby authorized to update and supplement official City
maps of the City of Ocoee, Florida, to include said land herein described and annexed.
Section 8. The land herein described and future inhabitants of said land herein
described shall be liable for all debts and obligations and be subject to all species of taxation,
laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same
privileges and benefits as other areas of the City of Ocoee, Florida.
Section 9. 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
- 2 -
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 10. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter
the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the
Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the
Florida Department of State within seven (7) days from the date of adoption.
- 3 -
PASSED AND ADOPTED this (, ~ day of It P1. I L.- , 2004.
APPROVED:
A TTF:~T:
~~,~
CITY OF OCOEE, FL
(SEAL)
FOR lJs,EA~-pqmLIANCE ONLY BY
TIJECITY:'OF OCOEE, FLORIDA
. . ';.' ,". ".,
APPROVED AS TO FORM AND
LEGA.LITY THIS ~ DAY OF
~'- ' , 2004
ADVERTISED A.tAtcf4 2{ ,2004.
READ FIRST TIME MA ~c'H " , 2004.
READ SECOND TIME AND ADOPTED
a Pfl, L '" Z-oo'f , UNDER
AGENDA ITtM NO. ~1. ~ .
FOLEY & LARDNER LLP
.~k'
By: <:,,/, '-.' '
~. Cit:',J
- 4 -
EXHIBIT" A"
Legal Description
THE NORTH 100 FEET OF THE SOUTH 460 FEET OF THE EAST 330 FEET OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP
22 SOUTH, RANGE 28 EAST, SUBJECT TO RIGHT-OF-WAY FOR ROAD OVER THE
EAST 40 FEET THEREOF. SAID LANDS LYING ON ORANGE COUNTY, FLORIDA,
CONTAINING 0.666 ACRES.
-5-
EXHIBIT "B"
Map of Annexed Area
Ocoee Reclaimed Water Booster Pump Station
Location Map
- 6 -