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SOUTHWEST AREA (ROUTE 35) ANNEXATION (B)
ORDINANCE NO. 0-01-57
An Ordinance of the City of Gainesville, Florida, annexing a portion of the City of Gainesville Reserve Area Pursuant to Chapter 90-496, as amended by Special Acts, Laws of Florida, known as the Alachua County Boundary Adjustment Act; making certain findings; including within the corporate limits of the City of Gainesville, Florida, that certain compact and contiguous area located generally north of Williston Road, east of Interstate 75, south of the city limits in the vicinity of Archer Road and west of the city limits in the vicinity of SW 23rd Terrace; containing approximately 2 square miles; providing for inclusion of the area in Appendix I of the City Charter; providing for a referendum election; providing directions to the City Manager and Clerk of the Commission; providing ballot language; providing for land use plan and zoning regulations; providing for persons engaged in any occupation, business, trade or profession; providing a severability clause; and providing effective dates.
recommendation
The City Commission adopt the proposed ordinance as amended.
explanation
The adoption of an annexation ordinance is the final stage in the annexation process under the provisions of the Alachua County Boundary Adjustment Act. On September 24, 2001 and October 8, 2001, the City Commission held advertised public hearings and adopted the Urban Services Report as mandated by the Boundary Adjustment Act.
ANNEXATION ORDINANCE
The annexation ordinance proposes to annex a contiguous, compact, unincorporated portion of the reserve area. The Boundary Adjustment Act requires the ordinance to be adopted as a nonemergency ordinance and to include one reasonably compact area. The ordinance will be submitted to a vote of the registered electors for their approval.
In the Ordinance the City Commission makes certain findings of fact related to the area proposed for annexation. The area must meet certain standards as required by the Boundary Adjustment Act. In this regard, your attention is drawn to Section 1 of this Ordinance and the presentation by the City Manager.
The annexation is effective on September 1, 2002 unless there is a tie vote or majority vote against the annexation. Sections 4, 5 and 6 of the Ordinance provide for the special referendum election which will be held on February 26, 2002.
Sections 7 and 8 of the Ordinance relate to special matters which may be of interest to the owners and residents and those persons engaged in any business or occupation. The Alachua County land use plan and zoning or subdivision regulations will remain in effect until the City adopts a comprehensive plan amendment that includes the annexed area. Those persons engaged in any occupation, business, trade or profession in the area proposed for annexation will have the right to continue their occupations, businesses, trades or professions and shall obtain an occupational license from the City of Gainesville for the term commencing on October 1, 2002. Those persons engaged in the construction industry within the annexation area will be required to register with the City on or before 4:00 p.m. September 1, 2003 in order to maintain their certificate of competency issued by Alachua County.
There are two amendments to the ordinance proposed at second reading: 1) a revised legal description (Exhibit "A") that more accurately describes by metes and bounds the area; and 2) the addition of a sentence in Section 7 of the Ordinance that clarifies the jurisdiction of the Code Enforcement Board and officers in the area.
The Alachua County Board of County Commissioners has delivered a letter addressed to the Mayor that raises certain issues with respect to the proposed annexation. A copy of the County's letter and the response of the City Manager is included in the backup.