HomeMy WebLinkAboutOrdinance No. 1468-23 Brooks De-AnnexationINSTR# 2023172946 OR BK 10893 PG 1242 Page 1 of 3
09/29/2023 10:16 AM Rcpt: 2628794 Rec: 27.00 IDS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
ORDINANCE NO. 1468-23
AN ORDINANCE OF THE CITY OF ZEPHYRHILLS FLORIDA,
FOR THE VOLUNTARY CONTRACTION OF THE CITY
BOUNDARY BY DE -ANNEXING PARCEL ID NO. 10-26-21-
0010-03800-0010; .06 ACRE MORE OR LESS OF REAL
PROPERTY, PROVIDING FOR THE AMENDMENT OF CITY
BOUNDARIES TO CONTRACT SUBJECT PROPERTIES FROM
THE CITY BOUNDARIES; PROVIDING FOR REPEAL,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 171, Florida Statutes, provides the exclusive method of municipal
annexation or contraction in order to ensure sound urban development and efficient provision of
urban services; and
WHEREAS, Bobby Brooks, hereinafter Owner, of property identified by Pasco County Parcel
ID No. 10-26-21-0010-03800-0010 being approximately .06 acre.
Legal Description: See Exhibit "A "
WHEREAS, the City has considered and finds that the establishment of the District is not
inconsistent with any applicable element or portion of the City of Zephyrhills Comprehensive
Plan; and
WHEREAS, the Owner has requested that the City de -annex the subject property; and
WHEREAS, the Zephyrhills Planning Commission recommended approval on August 15,
2023; and
WHEREAS, the City wishes to de -annex the Subject Property consistent with Chapter
171.052, F.S. Criteria for Contraction of Municipal Boundaries; and,
WHEREAS, the Subject Properties fail to meet the criteria of Chapter 171.043 F.S. Character
of the area to be annexed; and
WHEREAS, the Subject Properties are not developed for urban purposes; and
WHEREAS, the Subject Properties do not lie between the City and an area to be serviced by
the City water and sewer service; and
WHEREAS, the Subject Properties are not adjacent on at least 60 percent of their external
boundaries to the municipal boundary and areas developed for urban purposes; and
WHEREAS, in the best interest of the public health, safety, and welfare of the citizens of
Zephyrhills, the City Council of the City of Zephyrhills desire to contract the Subject
Properties from the municipal boundaries of the City of Zephyrhills; and
WHEREAS, upon adoption of this Ordinance, the municipal boundary lines of the City of
Zephyrhills, contained in Zephyrhills Charter, Chapter 1, Sec. 11.02, shall be redefined to
exclude the subject real property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida, as follows:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are fully incorporated herein by this
reference.
SECTION 2. Contraction of Subject Properties.
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OR BK 10893 PG 1243 Page 2 of 3
The Subject Properties are hereby de -annexed from the City of Zephyrhills, Florida. The
Subject Properties are described in Exhibit A. The Subject Properties shall be excluded from the
existing boundaries of the City of Zephyrhills, Florida, from the effective date of this Ordinance.
SECTION 3. City Boundaries Redefined; Zephyrhills Charter Amended.
Pursuant to Section 166.031(3), Florida Statutes, and Section 171.091, Florida Statutes,
the City of Zephyrhills Charter, is hereby amended to redefine the corporate boundaries of the
City of Zephyrhills to exclude the Subject Properties described in Section 2 of this Ordinance.
The City Clerk shall file the revised Zephyrhills Charter, Chapter 1, Sec. 11.02, with the
Department of State within thirty (30) days from the effective date of this Ordinance. A copy of
such revision shall also be submitted to the Office of Economic and Demographic Research
along with a statement specifying the population census effect and the affected land area. The
City Clerk shall also file this Ordinance with the Clerk of Court for Pasco County, and County
Administrator of Pasco County within seven (7) days of the effective date.
SECTION 4. Repeal of Prior Inconsistent Ordinances and Resolutions.
All ordinances and resolutions or parts of ordinances or resolutions in conflict herewith
are hereby repealed to the extent of the conflict.
SECTION 5. Severability.
If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance
is for any reason held economic invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be
deemed separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
SECTION 6. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing
by the Mayor.
be forcgg,- Ordinance No. 1468-23 was read and passed on the first reading,
following a pub,lic' I�ring, in an open and regular meeting of the City Council of the City of
Zephyrhills, Florda,on this 12th day of September 2023.
Attest
l,orz I ill�nan E ity Clerk 4 ance A. mith, Council President
`tee, `
The t64egpiggj0fd nance No. 1468-23 was read and passed on the second reading, following a
public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida, on this 25th day of September, 2023.
Atteste rF
e;
Lori Hillman, . 'iy Clerk Lan A. Smith, Council President
The-loreg Ordinance No. 1468-23 was approved by me this 25th day of September, 2023.
0Melome Bahr Monson, Mayor
Approved as to legal form and legal content
for the sole reliance of the City of Zephyrhills
Matthew E. Maggard, City Attorney
W
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Legal Description:
OR BK 10893 PG 1244 Page 3 of 3
A portion of Tract 41 of the Zephyrhills Colony Company Lands as shown on plat recorded in
Plat Book 1, page 55 in Section 10, Township 26 South, Range 21 East, Pasco County, Florida
being more particularly described as follows:
Commence at the Southeasterly comer of Lot 111, of WEDGEWOOD MANOR, PHASE I & 11,
as shown on the plat recorded in Plat Book 27, pages 11 through 14 of said Public Records, for a
Point of Beginning; thence along the Southerly boundary line of said WEDGEWOOD MANOR,
the following three (3) courses and distances: (1) North 53° 22'51" East, a distance of 45.43 feet;
(2) North 00° 10' 17" East, a distance of 58.44 feet; (3) South 89° 45'00" East, a distance of
20.00 feet; thence South 00° 10' 17" West, a distance of 68.37 feet; thence South 53° 22'51"
West, a distance of 70.49 feet, to the Westerly boundary line of the parcel described in Official
Records Book 3563 page 582, of said Public Records; thence along said Westerly boundary line
North 00° 19'41" East, a distance of 24.97 feet to the Point of Beginning.
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