City of Gainesville - File #: 170953.

• File #: 170953.
• Version: 2
• Type: Ordinance
• Status: Adopted
• File created: 3/29/2018
• In control: City Attorney
• On agenda: 8/16/2018
• Final action: 9/6/2018
• Title: Voluntary Annexation - 0.87 Acres of Property North of West University Avenue and East of NW 75th Street (B) Ordinance No. 170953 An ordinance of the City of Gainesville, Florida, annexing approximately 0.87 acres of privately-owned property that is generally located south of NW 4th Boulevard, west of Interstate 75, north of W University Avenue, and east of NW 75th Street, as more specifically described in this ordinance, as petitioned for by the property owner(s) pursuant to Chapter 171, Florida Statutes; making certain findings; providing for inclusion of the property in Appendix I of the City Charter; providing for land use plan, zoning, and subdivision regulations, and enforcement of same; providing for persons engaged in any occupation, business, trade, or profession; providing directions to the Clerk of the Commission; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

Date	Ver.	Action By	Action	Result
9/6/2018	2	City Commission	Adopted on Final Reading (Ordinance)	Pass
8/16/2018	2	City Commission	Adopted on First Reading (Ordinance)	Pass
4/19/2018	1	City Commission	Approved as Recommended

title

Voluntary Annexation - 0.87 Acres of Property North of West University Avenue and East of NW 75th Street (B)

Ordinance No. 170953

An ordinance of the City of Gainesville, Florida, annexing approximately 0.87 acres of privately-owned property that is generally located south of NW 4th Boulevard, west of Interstate 75, north of W University Avenue, and east of NW 75th Street, as more specifically described in this ordinance, as petitioned for by the property owner(s) pursuant to Chapter 171, Florida Statutes; making certain findings; providing for inclusion of the property in Appendix I of the City Charter; providing for land use plan, zoning, and subdivision regulations, and enforcement of same; providing for persons engaged in any occupation, business, trade, or profession; providing directions to the Clerk of the Commission; providing a severability clause; providing a repealing clause; and providing an immediate effective date.

recommendation

The City Commission adopt the proposed ordinance.

explanation

Municipal annexation in Florida is governed by the Municipal Annexation or Contraction Act, which is found in Chapter 171, Florida Statutes.  Section 171.044, F.S., sets forth the requirements and procedure for voluntary annexation, whereby property owners may voluntarily request a municipality to include their property within the corporate limits of that municipality.  Besides various procedural requirements, Section 171.044, F.S., sets forth the following substantive requirements for voluntary annexations: 1) the proposed annexation area must be "contiguous" to the municipality; 2) the proposed annexation area must be "reasonably compact"; and 3) the annexation must not create any "enclaves."

This ordinance, at the request of the property owners of the subject property, will annex into the corporate limits of the City of Gainesville approximately 0.87 acres of privately-owned property that is generally located south of NW 4th Boulevard, west of Interstate 75, north of W University Avenue, and east of NW 75th Street.  On April 19, 2018, the City Commission received and accepted a petition for voluntary annexation of the property and directed the City Attorney to prepare this annexation ordinance.   

CITY ATTORNEY MEMORANDUM

This ordinance requires two hearings and will become effective immediately upon adoption.