CC Minutes 08/25/2003 - Laserfiche WebLink

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City Commission Meeting August 25, 2003 Page 11 ENFORCE ANY PROVISION OF THE CITY CODE; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS AND EFFECTIVE DATE." Staff Report - Ordinance 03-1100 would allow the City to recover reasonable attorneys' fees and costs when the City is the prevailing party in any legal proceeding brought by the City to enfome the City Code. The awarding of attorneys' fees is at the sole discretion of the court and this is provided for in the State Statutes and cannot be applied retroactively. Commissioner Kathy Cook said the citizens were already paying for enforcement of codes through their tax dollars and she could not support Ordinance 03-1100. MOTION: Moved by Vice Mayor/Commissioner Al Clark that Ordinance 03-1100, Recovery of Legal Fees, be approved on first reading as presented. Motion was seconded by Commissioner Susan Doerner and carried on a 4 - 1 vote. Commissioner Kathy Cook dissenting. The second reading and public hearing for Ordinance 03-1100 will be scheduled for September 22, 2003. 3. Resolution 03-1435 - Petition to Abandon/Vacate Utility Easement on Rear (Northern'} Property Line of 1706 Holiday Drive MOTION: Moved by Vice Mayor/Commissi oner Al Clark that Resolution 03-1435, Petition to Vacate Utility Easement at 1706 Holiday Drive, be read by title only. Motion was seconded by Commissioner Linda Hart and carried unanimously by voice vote. The City Clerk read Resolution 03-1435 by title as follows: "A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING CLOSING, VACATING AND ABANDONING 15' UTILITY EASEMENT LOCATED ON LOTS 3 AND 4, A REPLAT OF A PART OF LOTS 1 AND 2 WATTS FARMS, AS RECORDED IN PLAT BOOK 15, PAGE 22, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." Staff Report - The City has received a petition to close, vacate a 15' utility easement on lots 3 & 4, Watts Farms. There are no plans for any utilities in this easement and the Public Works Director recommended the City adopt Resolution 03-1435. MOTION: Moved by Vice Mayor/Commissioner Al Clark that Resolution 03-1435, Utility Easement Abandonment, be approved as presented. Motion was seconded by Commissioner Linda Hart and carried unanimously by voice vote.