0928 Amending Ord. 842, Right of Reversion FILET 200:06008199 OR BYE 005 IIIIl 111 IIlllilllll1111111III11111111illi /04 /2006 02:45:04 FM
SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL
RECORDING FEES 18.50 RECORDED BY R Parrish P9s 1934 1935; (tags
ORDINANCE NO. 928
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
AMENDING ORDINANCE NO. 842; PROVIDING FOR EXTENSION OF
RIGHT OF REVERSION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, adopted Ordinance No. 842 on November
18, 2003, which provided for the abandonment of certain alley or rights -of -way
hereafter described, but retained a right of reverter in the event the project planned
for the property was not timely completed; and
WHEREAS, the property owner, due to certain events beyond his control, including acts
of God and personal reasons, was not able to complete the project in a timely
manner, and the right of reverter has come into effect, but for an emergency
proclamation by the Mayor dated November 15, 2005 which extended the time
period; and
WHEREAS, it is in the best interests of the City of Okeechobee to further extend the time
in which the property owner may complete the development and project, as such will
improve the area and benefit the tax base of the City;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the mayor or designee, as Chief
Presiding Officer for the City of Okeechobee, that:
SECTION ONE. Ordinance No. 842 is hereby amended in the following
respects:
1. THAT the lands subject to this ordinance are described as:
THAT 15 -FOOT WIDE ALLEYWAY LYING BETWEEN LOTS 3 AND
LOTS 4 THROUGH 9, BLOCK 109, CITY OF OKEECHOBEE; AND
THAT 20 FOOT ALLEY LYING BETWEEN LOTS 1 THROUGH 3,
AND LOTS 10 THROUGH 12, BLOCK 109, CITY OF
OKEECHOBEE.
2. THAT Section Two of Ordinance No. 842 is hereby amended to state:
Section Two. That in the event the said property owner fails to
obtain, within twelve (12) months hereof, a certificate of occupancy for
their future development, then said alley shall be declared open and
the provisions of this ordinance declared null and void.
SECTION TWO. The City Clerk shall cause a certified copy of the ordinance to
be recorded in the public records of Okeechobee County,
Florida.
SECTION THREE. This ordinance shall be set for final public hearing the 17 day
of January, 2006, and that the effective date of this ordinance
shall be December 31, 2005.
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SECTION FOUR. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force
and effect.
INTRODUCED for first reading and set for public hearing on the 3 day of January, 2006.
1, s
James E. Kirk, Mayor
'AT TEST: ff
Lane: Gamiotea,,:CMC, City Clerk
ADOPTED after second and final reading at a public hearing held this 17t'' day ofJanaurv,
2006.
(2114—
James E. Kirk, Mayor
ATTEST:... r,
Lane Gamiofea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
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