O76-27 ORDINANCE NO'. 76=2~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
ESTABLISYIING A UNIFORM PROCEDURE FOR THE APPLICATION
TO THE CITY FOR VACATION AND ABANDONMENT OF STREETS,
ALLEYS, SPECIAL PURPOSE EASEMENTS AND OTHER NON-FEE
INTERESTS OF THE CITY; DESIGNATING METHOD BY WHICH
such PUCATIONS SHAm PROCESSEm AND PROVm NG
FOR AUTHORITY TO CODIFY, SAVINGS CLAUSE, REPEALING
PROVISIONS, AN EFFECTIVE DATE AND FOR_0TtRER PuRPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA:
Section 1: Short title
This Ordinance shall be designated and may be cited as the City of Boynton
Beach Street and Easement Abandonment Ordinance.
Section 2: Purposes of Ordinance
The purposes of this Ordinance are to establish uniform procedure for the
application to the City for the vacation and abandonment of city streets, alleys,
special purpose easements and other nonfee interests of the City; to designate
those individuals who shall have the responsibility for the processing of such
applicati6ns; and to provide the methods and procedures for processing said
applications.
Section 3: Application form
All requests for vacation and abandonment of city streets, alleys, special
purpose easements and other nonfee interests which the City may have in real
property shall be made in writing upon an application form furnished by the City.
Such application shall be executed in triplicate by the party or parties requesting
the sams who shall verify under oath that the information contained therein is true
and correct. The application shall be filed with the City Clerk and shall set forth
the following information:
(a) The name and address of the applicant or applicants.
(b) A complete and accurate legal description of the street, alley, special
purpose easement or other nonfee interest of the City or any portion thereof sought
to bs abandoned or vacated. Where possible, the legal description shall be accom-
panied by plat, map or drawing showing the general area involved and the location
of the speci£ic property interest to be abandoned or vacated.
(c) ~Vhether title or interest of the City and, the public in and to the propez
sought to be abandoned or vacated was acquired by deed, dedication or prescrip-
tion, and if recorded in the public records, the book and page number thereof~
(d) The reason for the request of the abandonment or vacation~
(e) The names and addresses of the owners and occupants of real propert~
bounding and abutting the property sought to be abandoned or vacate'd.
(£) The applicant shall certify that the propert~ sought to be abandoned o2
vacated was not acquired or dedicated for state or federal highway purposes and
that the abandonment or vacation will not adversely affect other property owners
or unreasonably limit access to their property.
(g) Such other relevent information as the City may require.
Section 4: Application Fee
Each application filed with the City Clerk, other than an application initiat
by Motion of the City Council, shall be accompanied by payment of a fee covering
the cost of administrative review, site analysis and investigation and publication
in one of the following amounts:
(a) Applications for vacation and abandonment of City streets and alleys
shall be accompanied by a fee of $250.00.
(b) Application for vacation and abandonment of special purpose easement
such as utility easements, and other nonfee interests of the City shall be
accompanied by a fee of ~50.00.
Upon the application being properly submitted, it shall be accepted and
filed by the Clerk, who shall gzve a receipt to the applicant for the fee paid.
Section 5: Processing of Application
(a) Action by City Clerk, Upon recezpt of the application and fee, the
City Clerk shall review the same for completeness and for compliance with the
requirements of this Ordinance. The City Clerk may reject the application if a
similar application has been considered at any time within six (6) months of the
date the later application is submitted. Upon proper submittal, the City Clerk
shall proceed as follows:
(1) Advise the City Engineer, City Planner and Director of Public V~orks
of the application by forwarding $ duplicate copy thereof to their attention and
requesting their review and recommendations of approval or disapproval thereof
To be made To the City Clerk within not more than twenty (20) days time. Upon
receip~ of said duplicate copy~ the City Engineer shall conduct his on-site analysis
and investigation of the property sought to be abandoned or vacated and shall ad-
vise each and every public utility company that may be involved or concerned with
the abandonment by sending them a copy of the application and requesting their
review and recommendations of approval or disapproval thereon to be made to the
City- ~lerk within not more than twenty days from the ,postmarked date o£ mailing.
(2) NotL~y by regular mail the owners and occupants o£ real property bound~
lng and abutting the property sought to be abandoned or vacated. The owner of
property shall be deemed to he the person shown on the current city tax assessment
roll as being the owner and such notice shall be sent TO the address given on the
easement roll £or that person. It shall not be necessary to send such notice by mailI
to any owner or occupant o£ proper~y who has signed the application for abandon-Il
merit as a requesting party~
(S) Set a date for public hearing on the application to be held by the Plannin
and Zoning Board, and re£er the ma~er to said Board by forwarding the ori~inai
application and all reports and recommendations of approval or disapproval thereof
(4) Notify the general public by publishing notice in a newspaper of general
circulation in the city o£ the public hearing to be held on the application by the
PlanninE and Zoning Board.
(~) After the Planning and Zoning Board shall submit its recommendation on
the application~ advise the City Council of all reports and recommendations o£
approval or disapproval thereof.
(6) Notify by re~ular mail the owners and occupants of real property bound-
lng and abutting the property sought to be abandoned or vacated and each and eve
public utility company that was notified theretofore by the City Engineer · and in
case o£ a change in ~he land use of the comprehensive plan · all owners o£ property
within S00 £eet in all directions from the lines o£ the property involved, of the date
o£ the public hearinE on the proposed ordinance mentioned below, and the City
Clerk shall cause to be published in a newspaper of general circulation in the city
the time and place of public hearing onthe proposed ordinances at least fifteen
(15) days pr~or to the~public hearing.
(b) Action by Ptanning and Zoning Board. The Planning and Zoning
Board shall hold a public hearing and shall report its recommendations or status
on the application for ahandonmen~ or vacation to the.Ciiy Cbuncil' within thirty
(30) days after the application has been filed ~ith the City Clerk, and shall
specificall-y include in its report the recommendations or approval or disapproval
theretofore filed with it.
(c) Action by City Council. The City Council shall consider the reports
and recommendations on applications for abandonment or vacation as hereinabove
provided for, within ten (10) days of its receipt of same, and shall, after public
hearing and due consideration, either accept, modify or deny the recommendation
in accordance with the best interests of the public welfare. If by said acceptance,
modification or denial of the recommendation, a change in the land use of the com-
prehensive plan is required, or if the aforesaid action by the City Council neces-
sitates a change in the existing property interests or rights, an ordinance setting
forth said change shall be introduced as soon as possible.
Section 6; Authority to Codify
It is the intention of the City Council, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Boynton Beach, Florida; that the sections of this Ordin-
ance may be renumbered or relettered to accomplish such intention; and that the
word "ordinance" may be changed to "chapter", "section~', '~article", or other
appropriate word.
S_ection ?: Separability
Each of the proviszons of this Ordinance is separable, including word,
clause, phrase or sentence, and if any portion thereof shall be declared invalid,
the remaining portion shall not be affected but shall remain in full force and effect.
4
Section_ 8: Repeating Provision
AIl ordinances or parts of ordinances in ~conflict here~vi~h are hereby repealed.
Section 9: An Effective Date
This Ordinance shall become effective in the manner and at the time provided
by law.
First reading this ~ day of July, A.D. 1976.
Second, final reading and passage this ~ day o ~ _
A.D. 1976.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Council Member
~F~uncil ]
council j~fmb er
City Clerk
APPLICATION TO ABANDON 'VACATE
The undersigned, pursuant to Ordinance No. 76-27, of the C~ty of Boynton
Beach, Florida, hereby applies to the City Council To vacate, abandon, 'and discontinue
lhe ~Check One) ( )alley ( )street ( ~specialpurpose easement ( ] other
nonfee interest of lhe City,. as described in attached Exhibit "A", and to renounce and
disclaim any right of the City and the public in and to any [and in connection therewith.
The undersigned hereby certify:
1. That a eomp[ete and accurate legal description with the specific property
interest songht robe vacated or abandoned, including where possible a plat map or
drawing showing the general area and location involved, is set forth in Exhibit "A"
aziached hereto.
2. That the title or interest of the City and the public in and to the specific
property interest described above was ace uired and is evidenced by~(Check One~ I
Deed ( ]Dedication ( ) Prescription, ~r~corded in Book,
Page --, Public Records of Palm Beach Cou'nty, Florida.
3. That no similar application has been considered hy the City at any time
~vithin six (6) months of the date hereof, and should this application be granted, such
abandonment and vacation wi[[ prevent no other property owners from access to and
from their property and no other, property owners in the ~icinity will be adversely
effe6ted,
4. That the above-described property interest is under the control and jurisdiction
of the City Council of the City of Boynton Beach, Florida; is not a part of any state
or federal highway system; and was not acquired or dedicated for state or federal
highway purposes.
5. That the following constitutes ,a:>cqr~l~ie~z~n~tmaecn~aze schedule of all
owners and occupants bounding and abutting the property interest described above.
NA ME
ADDRESS
6. That the following ~ro~dsland reasons are submitled in support of this
application:
DA TED:
APPLICANT(S) NA1Vf~ IPlease Sign)
ADDRESS
STATE OF FLORIDA
COUNTY OF PAL1Vi BEACH
The above-named applicant(s/ being first duly sworn by me the day and year
above indicated, deposed and stated thai ~he~ are/is the applicant(s) in the foregoing
~Application to Abandon ~Vacate; lhat they have read the same and thai the facts therein
set forlh are true and correct to the best of their knowledge.
NOTARY PUBLIC, State of Florida
My Commission Expires:
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