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HomeMy WebLinkAboutOrdinance No. 1466-23 5L Properties AnnexationORDINANCE NO. 1466-23 -2023181172 -10900 pc m 10/-! 1/2023 S3-07pm Page 1 of 4 Rcpt: 2S33407 Rec: 35.50 DS: 0.00 IT: 0.00 Nikki nivarez-Soules, Esq. Pasce- County Clerk & Comptroller AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA ANNEXING APPROXIMATELY 72.866 ACRES (MOL) INTO THE CORPORATE LIMITS OF THE CITY OF SAID CITY DESCMBED AS PARCEL 07-26-22-0000-00100-0012 ZEPHYRHILLS, FLORIDA, IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE WHEREAS, 5L Properties, LLC, present owner of the lands hereinafter described in Section 1 below, and have requested and consented through a Petition for Annexation for approximately 72.52 acres of property (MOL) described in Section 1 below to be annexed into the boundaries of the City of Zephyrhills; and WHEREAS, the City Council has determined that said property is contiguous to the municipal boimdaries of the City, that the area of annexation is reasonably compact, and currently lies within unincorporated Pasco County, and that the annexation of said property will not result in the creation of any enclave; and WHEREAS, the City is authorized by Chapter 171.044, Florida Statutes, to annex contiguous and infill areas, and to extend the City limits upon receipt of written consent of the land owners together with the approval of the City Council after published notice and public hearings; and WHEREAS, all other procedural and notice requirements mandated by State Law and the City's Land Development Regulations have been followed and satisfied; and WHEREAS, the City Council has reviewed and evaluated the Petition submitted, and has determined that the annexation of said lands into the City is in the public's interest and is consistent with the City's Comprehensive Plan and Land Development Regulations; and NOW THEREFORE, BE IT ENACTED, AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLOMDA, AS FOLLOWS: SECTION 1: The following described lands, lying and being situated in Pasco County, Florida, is hereby annexed to and included within the boundaries of the City of Zephyrhills, Florida, a municipal corporation: Legal Description: THE E ^ OF THE SW V^ OF SECTION 07, TOWNSHIP 26 SOUTH, RANGE 22 EAST, PASCO COUNTY, FLORIDA, LYING WEST OF ZEPHYRHILLS BY-PASS, SUBJECT TO AVIATION EASEMENT THEREOF PER OFFICIAL RECORD BOOK 1582, PAGE 187. 72.866 acres (MOL) Parcel I.D. No. 07-26-22-0000-00100-0012 SECTION 2: Said lands are contiguous to or are infill of the present City limits of the City of Zephyrhills. Said lands are now unincorporated and lie in the sacae County as said City, and when annexed would form a compact addition to the incorporated territory of said City. That the owners of said lands contained in said area to be annexed have given written consent to have such lands annexed into the boundaries of the City ofZephyrhills, Florida. SECTION 3: The City of Zephyrhills, Florida is authorized by the legislature of the State of Florida, pursuant to Section 177.044, Florida Statutes, and pursuant to the Charter of the City of Zephyrhills, to annex contiguous and infill areas and to extend the City limits or territorial boundaries upon receipt of a written consent of all owners of land contained in the area to be 1 annexed, together with the approval of the Cifrv Council of the City of Zephyrhills, of said annexation duly expressed by Ordinance. SECTION 4; Upon this Ordinance becoming effective, the property Owners of said property shall be entitled to all the rights and privileges and immunities as are from time-to-time granted to property Owners of the City ofZephyrhills, Florida as further provided in Chapter 171.044, Florida Statutes, and shall further be subject to the responsibilities of ownership as may from time-to-time be determined by the governing authority of the City ofZephyrhills, Florida and the provisions of said Chapter 171.044, Florida Statutes. SECTION 5: It is the intention of the City Council of the City ofZephyrhills, Florida by passage of this Ordinance to annex the above-described lands to said City within its territorial limits and the boundary lines of said City are hereby redefined and extended so as to include said area of land within its territorial limits upon the final passage of this Ordinance. SECTION 6: Within seven (7) days after adoption, the City Clerk shall file a certified copy of the Ordinance, together with a map which clearly shows the annexed area, with the Clerk of the Courts ofPasco County, Florida; the Chairman of the Board of County Commissioners ofPasco County, Florida; the Property Appraiser ofPasco County, Florida; and the Department of State, Secretary of State, State of Florida, pursuant to Section 171.044, Florida Statutes. SECTION 7: The provisions of this ordinance are declared to be severable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, this decision shall not affect the validity of the remaining section, sentences, clause and phrases of this ordinance, which shall remain in effect it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part. SECTION 8: Any ordinance in conflict with this ordinance is hereby repealed by implication. SECTION 9: The provisions of this Ordinance shall not be codified, but the annexed property shall be incorporated and included in all appropriate maps of the City Limits of the City of Zephyrhills. SECTION 10: This Ordinance shall become effective upon passage on the second reading and signing by the Mayor. The foregoing Ordinance No. 1466-23 was introduced, read, and passed on the first reading, followiBg'^:^ujblic hearing, in an open and regular meeting of the City Council of the City of Zpp^il&|SS^6n this^8th day ofAugust,2023. A. % ^'.^^. Attest: ;,;:^.1'-<..-; \a)' -I.t;'\-.;i.^: 'i;.w^ -?^^S?J^^iiM^ L^rL. IlllTOff^^^ Lance . Smith, Council President The foregoing;0rdinaiie^:^p 466-23 was read and passed on the second reading, following a public hearing, in^ an (q^iand regular meeting of the City Council of the City of Zephyrhills, Florida, omih^^day.of October, 2023.^y^^«^~-':. ^-, '.''"?"' 'ZEP^^S;':;-';^A^a''-^^'^ i '-^' ^'l'NPIO$)^.^:;. -3§il S(/'S* ^y ".. ^^y'fc L^iiL.rfIW^ty. Qerfc, MMCJJ|| %;;-f<:^;.%lll?^^.^y?9»' Lan Smith, Council President The foregoing Ordinance No: 1466-23 was approved by me this 9th day of October, 2023. Me nie Bahr Monson, Mayor Approved as to legal form and legal content for the reliance of the City ofZephyrhills only: /^ Matthew E. Maggard, Esq. City Attorney CTH'AVEN I < g 3 14 Subject Property REERA AVENU s