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~ I ORDINANCE NO. 429
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RE-
PEALING ORDINANCE NO. 239) PASSED AND ADOPTED ON
THE 8th DAY OF APRIL) 1935) ENTITLED AS FOLLOWS:
"AN ORDINANCE DEDICATING CERTAIN LOTS, PIECES OR
PARCELS OF LAND OWNED BY THE CITY OF SANFORD,
FLORIDA) FOR THE PUBLIC USE OF PARKING VEHICLES
THEREON BY THE GENERAL PUBLIC) SUBJECT TO THE CON-
TROL AND M~~AGD~ENT THEREOF BY SAID CITY, AND RE-
SERVING THE RIGHT IN THE CITY OF SANFORD) FLORIDA,
TO USE SO MUCH OR SUCH PARTS OF SAID PREMISES FOR
THE PURPOSES OF THE CITY AS ITS GOVERNING AUTHOR-
ITIES MAY DEEM NECESSARY AND PROPER."
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD) FLORIDA:
Section 1. That Ordinance No. 239, passed and adopted
on the 8th day of April, 1935, and entitled: "An Ordinance
Dedicating Certain Lots, Pieces Or Parcels Of Land Owned By
The City Of Sanford) Florida, For The Public Use Of Parking
Vehicles Thereon By The General Public, Subject To the Con-
trol And Management Thereof By Said City, And Reserving The
Ripht In The City Of Sanford, Flo~ida, To Use So Much Or Such
Parts Of Said Premises For The PurposE's Of The City As Its
Governing Authorities May Deem Necessary And Proper)" be and
the same is hereby repealed.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby renealed.
, J.
Section 3. That this ordinance shall become effective
immediately upon its passage and adoption.
Passed and adopted this 9th day of Februa.rY'_ 194.t.
'7
As
City
Attest:
( ~~o1er"
/
/'"
,-/
I, H. N. sayer, City 0lerk of the City of Sanford,
Florida, hereby certlfy that a true and correot copy of the
forego!ng Ordinfcnce No. 1~29, passed a,nd adopted by the C! ty
Commission of the City of Sanford, Florida, on the 9th day
of February, 194e, _as POSTED at the front door of the C!ty
Hall in the City of Sanford, Flor!da, th!s 14th day of
February, 194e.
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Leity' e~~:i/<
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~\~ o~ Sanford. Fl~l'icl.
C The Celerq Cilq q
Commission..Manager Plan
DeCE'i'1hp!' 1.J., 191+7
Honol'able Ci ty COi7imi fil3 io(.
Ss.llforc_, Fie> l"i<'la
G,::n tle-IEel:
In re: Repeal of C~~in~nce for
Public P&~klnp Lot
Complying With your requgst for an opinion
'\'rcletlll'''r or !lCi t ~")U r:\ay repf-'al 01"dlnanc.e No. :~J9, ;.:188-
e.5 Cl.rl(~ adoptt::1d April 8, 1935, deu.) ca tinE Lots 7, 8,
9 and. IO, Bloel{ 4, Ti.~'l' 1 or San1")r',j for' t}",J> pU,:Jllc
use of parking ve11ieles thereon by the general publtc
:?Ll1Jject t,.) the control and governmAnt therenf b.y the
Ci ty of Sanfol'd, "~i th th~ right rf?servI?rl, to t1:..e City
to use 80 much or such p&rts of the lands for euch
)'J.rp08€S a8 thp governing authol'i ty may deem :1€cessary,
I wish to say that I have been uncllle to find any de-
cielon l.J'j' thf' Suprf'me Cou.rt of Flo_cida c)_etej"mining
this qUPBtion, bu~ I may Bay tha.t it is f,E'rlp:r'.s.lly the
la'" that if t-.here 1s a ciedlcatlon of property to pub-
lie IJRe, and tr-.e oe,lic.ation is accepted by the public,
it can not be revuked (12 Cnfp~s Juris 118, Sec. 148)
and this rille applies to a publi~ body making a deo"i-
cation as well as private indivi0uals, Davenport ve.
Baff'ington, 97 Fed. 234, '-"6 LRA )77.
Whether or not t~e public has accepted the
dedication of the property for public use "ro1.''::'4 be a
questIon of fact to determined by evidence offer~R.
T~e b~n~on ~ould b~ nn t~e p~Lltn to ~how that th~ de-
dication had bpf'n accE'ptec1" but as above stated if 1 t
has ~een accepted I do not th11k the Ctty would have the
rlght to ~'f~peal U-.l o""0inance.
Fr'ed R. ',Hlson
Ci t~l At tC~'~ley
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