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HomeMy WebLinkAbout1197-13 VALLEYDALE ANNEXATION REFERENDUM ORDINANCE NO. 1197-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS FLORIDA RELATING TO ANNEXATION, MAKING FINDINGS, INCLUDING WITHIN THE TERRITORIAL LIMITS OF THE CITY OF ZEPHYRHILLS, FLORIDA, CERTAIN LANDINGS CONSISTING OF A POCKET ENCOMPASSING APPROXIMATELY 16.75 ACRES GENERALLY BOUNDED ON THE NORTH BY THE NORTHERN PROPERTY LINES OF THE NORTHERN LOTS OF NEIGHBORS PATH, ON THE SOUTH BY FOUNTAIN ROAD WITH THE EXCEPTION OF PARCEL 03-26-21-0010-05900-0000, ON THE WEST BY FOUNDERS STREET, ON THE EAST BY THE EASTERN PROPERTY LINE OF THE EASTERN MOST LOT NORTH OF NEIGHBORS PATH; PROVIDING FOR AN ELECTION, PURSUANT TO CHAPTER 171, FLORIDA STATUTES; PROVIDING FOR BALLOT LANGUAGE; PROVIDING FOR ZONING VARIANCES AND SPECIAL EXCEPTIONS FOR ANNEXED TERRITORY AFTER ANNEXATION BUT PRIOR TO THE ESTABLISHMENT OF A CITY OF ZEPHYRHILLS ZONING CLASSIFICATION; FINDING CONFORMITY WITH THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Zephyrhills desires to annex a certain unincorporated pocket within the present corporate limits; and WHEREAS, it is neither feasible or practical to annex such area by means of voluntary annexation; and Yr '° .. WHEREAS, the City Council desires to proceed with the proposed annexation. including the holding of a referendum. J %> NOW, THEREFORE, BE T ORDAINED BY THE CiTY COUNCIL OF THE CITY OF ZEPHYRHILLS,F, ORI A: G� SECTION 1. The areaGdescribed in the attached Exhibit"A is found to be an unincorporated pocket within the present corporate limits of the Cityiof Zephyrhills if reasonably compact, and developed for urban purposes, and ishereby annexed and included within the corporate limits of the City. SECTION 2. The corporate limits of the CityZephyrhills,of Florida> as set forth in the Charter ' as amended, be and the same are hereby redefined to include the area described in Section 11.02 within the corporate limits of the Vii.,,; of Zephyrhills. SECTION 3. The City Council does hereby,expressly fmd that the provisions of this Ordinance are in conformity with the Comprehensive Plan of the City of Zephyrhills. SECTION 4. As authorized by Section 171.062(2), Florida Statutes,the zoning districts and classifications previously established by the Board of County Commissioners.of Pasco County, Florida, for the area described in Section 1 shall remain in full force and effect until superseded in whole or in part by the establishment of a zoning district or classification for all or any part of the area. Any request for variance, or special exception shall be made to and acted upon by the appropriate officials, agencies,boards or council of the City of Zephyrhills. Any rezoning shall be governed by and to a zoning classification provided by the zoning ordinance of the City of Zephyrhills. SECTION 5. Pursuant to Section 171.0413, Florida Statues, a referendum is hereby called for September 27, 2012, by mail ballot election,pursuant to Section 101.6102, Florida Statutes, for the purpose of submitting to the electors of the area described in Section 1 the proposed annexation of said area into the City of Zephyrhills. The referendum shall be conducted in accordance with Chapters 101 and 171. 1 SECTION 6. As provided in Section 171.0413(2)(d), Florida Statutes,the language to appear on the ballot of the referendum called in Section 5 shall be: THE AREA DESCRIBED IN ORDINANCE 1197-13 OF THE CITY OF ZEPHYRHILLS GENERALLY IDENTIFIED AS THE VALLEYDALE ACRES ANNEXATION DISTRICT. O FOR ANNEXATION O AGAINST ANNEXATION SECTION 7. Sections 5, 6, 7, 8 and 9 shall take effect immediately upon passage and Sections 1, 2, 3, and 4 shall take effect on December 1, 2012,provided the electors of the area described in Section 1 approve the annexation in the referendum called in Section 5. SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby appealed. SECTION 9. If any word, sentence, clause,phrase, or provision of this ordinance, for any reason, is held to be unconstitutional, void, or invalid,the validity of the remainder of this ordinance shall not be affected thereby. xdS PASSED AND CERTIFIED AS TO PASSAGE this 27,'h day of August 2012. The foregoing Ordinance No. 1151-12 was read and passed on the first=heading, following a public hearing, in an open and regular meeting of the City Council of theGity of Zephyrhills, Florida, on this 13th day of August, 2012 Attest: ` _' r Linda D. Boan, City Clerk Kenneth V. Compton, Cosxuicil President / The foregoing Ordinance Ito 1151-12 was read and passed on the second reading, following a public hearing, in an open Sand regular meeting of the CiNg ouncil>of the City of Zephyrhills, Florida, on this 27th day of August, 2012. a l { Attest: r Lmda D. Boan, City Clerk Kenneth V. Compton, Council President The foregoing Ordinance No 1151-12 was approved by me this 27th day of August, 2012. Steven P. Van Gorden, Mayor Approved as to legal form and legal content for the reliance of the City of Zephyrhills only: Joseph A. Poblick, City Attorney 2