House Bill 1103e1

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Flagler County; creating the

  3         City of Palm Coast Charter; providing a short

  4         title; providing legislative intent; providing

  5         for incorporation; providing for a

  6         council-manager form of government and its

  7         powers and duties; providing for a city council

  8         and its membership, including mayor and vice

  9         mayor, qualifications and terms of office,

10         powers and duties, compensation and expenses,

11         and prescribed procedures relating to

12         vacancies, including forfeiture of office,

13         suspension, and recall; providing for meetings;

14         providing for recordkeeping; providing certain

15         restrictions; providing for charter officers

16         and their appointment, removal, and

17         compensation, filling of vacancies,

18         qualifications, residency requirements, and

19         powers and duties; establishing a fiscal year;

20         providing for a budget, appropriations,

21         amendments, and limitations; providing

22         limitations to council's contracting authority;

23         providing for elections and matters relating

24         thereto; defining boundaries of the city and

25         its districts; providing for dissolution of

26         Palm Coast Area Municipal Service District;

27         specifying general provisions relating to

28         charter review and amendment, adjustment of

29         districts, and standards of conduct; providing

30         for severability; providing for a referendum,

31         initial election of council members, transition


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         services and compensation, first-year expenses,

  2         specified transitional matters, and state

  3         shared and gas tax revenues; providing

  4         effective dates.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Short title.--This act, together with any

  9  future amendments thereto, may be cited as the "City of Palm

10  Coast Charter," hereinafter referred to as "the charter."

11         Section 2.  Legislative intent.--The Legislature finds

12  and declares that:

13         (1)  The area in Flagler County known as the Palm Coast

14  Service District includes a compact and contiguous urban

15  community amenable to separate municipal government.

16         (2)  It is in the best interests of the public health,

17  safety, and welfare of the citizens of this community to form

18  a separate municipality for the Palm Coast Service District

19  area with all powers and authority necessary to provide

20  efficient and adequate municipal services to its residents.

21         Section 3.  Incorporation of municipality.--

22         (1)  There is created, effective December 31, 1999, in

23  Flagler County, Florida, a new municipality to be known as the

24  City of Palm Coast.

25         (2)  The corporate boundaries of the City of Palm

26  Coast, hereinafter referred to as "the city," shall be as

27  described in subsection (1) of section 9.

28         (3)  The City of Palm Coast shall operate under a

29  council-manager form of government.  The general duties of the

30  council, as described in section 5, shall be to set policy;

31


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  the general duties of the manager, as described in section 6,

  2  shall be to carry out those policies.

  3         Section 4.  Municipal powers.--The city shall be a body

  4  corporate and politic and shall have all the powers of a

  5  municipality under the State Constitution and the laws of

  6  Florida, as fully and completely as though such powers were

  7  specifically enumerated in this charter, unless otherwise

  8  prohibited by or contrary to the provisions of this charter.

  9  The city shall have all governmental, corporate, and

10  proprietary powers necessary to enable it to conduct municipal

11  government, perform municipal functions, and render municipal

12  services, and may exercise any power for municipal purposes

13  unless expressly prohibited by law. The powers of the city

14  shall be liberally construed in favor of the city.

15         Section 5.  City council.--

16         (1)  CITY COUNCIL; COMPOSITION, QUALIFICATIONS FOR

17  OFFICE.--

18         (a)  Composition.--

19         1.  There shall be a five-member city council

20  consisting of four district members and a mayor.

21         2.  There shall be four districts within the city, the

22  boundaries of which are as outlined in subsection (2) of

23  section 9. These districts shall be designated as District

24  One, District Two, District Three, and District Four. Each of

25  the four council members shall run from the district in which

26  he or she lives, but shall be elected at large, and the

27  council members elected from each district shall be considered

28  to hold Seat One, Seat Two, Seat Three, and Seat Four.

29         3.  The mayor shall live within the city boundaries.

30  The mayor shall run at large and be elected at large.

31         (b)  Qualifications for office.--


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         1.  Each candidate for office shall be a qualified

  2  elector of the city.

  3         2.  Each individual seeking to qualify as a candidate

  4  for one of the four seats on the council:

  5         a.  Shall submit a petition supporting his or her

  6  candidacy to the city clerk containing the signatures of at

  7  least 1 percent of the electorate residing within the

  8  district, as identified in the most recent decennial census

  9  from which he or she seeks to run, or shall pay to the city

10  clerk a qualifying fee of 10 percent of the salary of the

11  office for which he or she seeks to run.

12         b.  At the time of qualification, shall reside within

13  the boundaries of the district from which he or she seeks to

14  run.  For the length of the member's term, a council member

15  shall maintain residency within the boundaries of the district

16  from which he or she ran. In addition, candidates and council

17  members shall reside at least 45 weeks of each year in the

18  district in which they live.

19         3.  Each individual seeking to qualify as a candidate

20  for mayor:

21         a.  Shall submit a petition supporting his or her

22  candidacy to the city clerk containing the signatures of at

23  least 1 percent of the electors residing within the city

24  limits, as identified in the most recent decennial census, or

25  shall pay to the city clerk a qualifying fee of 10 percent of

26  the mayoral salary.

27         b.  At the time of qualification, shall reside within

28  the city limits.  For the length of his or her term, the mayor

29  shall maintain residency within the city limits.  In addition,

30  mayoral candidates, and the elected mayor, shall reside at

31  least 45 weeks of each year within the city limits.


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         4.  Additionally, for the initial election, following

  2  the referendum approving the creation of the city, candidates

  3  for office shall qualify as provided in subsection (3) of

  4  section 13.

  5         (2)  TERMS OF OFFICE.--

  6         (a)  The term of office for each district member shall

  7  be 4 years. However, in order to provide for staggering of

  8  terms, the initial term of office for District Seats One and

  9  Three shall be 4 years, and that of District Seats Two and

10  Four shall be 2 years. The initial term of office of the mayor

11  shall be 4 years.

12         (b)  No council member or mayor may serve more than two

13  successive 4-year terms in the same seat.

14         (c)  Each council member shall remain in office until

15  his or her successor is elected and assumes the duties of the

16  position at the first meeting of the new council, which shall

17  be held in accordance with city ordinance.

18         (3)  POWERS AND DUTIES OF COUNCIL.--Except as otherwise

19  prescribed herein or as provided by law, legislative and

20  police powers of the city shall be vested in the council. The

21  council shall provide for the exercise of its powers and for

22  the performance of all duties and obligations imposed on the

23  city by law.

24         (4)  POWERS AND DUTIES OF THE MAYOR.--

25         (a)  Powers.--In addition to the regular powers

26  invested in any other council member, the mayor shall be

27  recognized by the Governor for purposes of military law; shall

28  have the power to declare an emergency situation; shall have

29  the power for service of process, and execution of contracts,

30  deeds, and other documents; and shall have the power to

31  represent the city in all agreements with other governmental


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  entities or certifications to other governmental entities that

  2  the council has approved.

  3         (b)  Duties.--In addition to his or her regular duties,

  4  the mayor shall preside at meetings of the council and be

  5  recognized as the head of city government for all ceremonial

  6  occasions.  The mayor shall have no administrative duties

  7  other than those necessary to accomplish these actions, or

  8  such other actions as may be authorized by the city council,

  9  consistent with general or special law.

10         (5)  THE VICE MAYOR; ELECTION AND DUTIES.--

11         (a)  Election.--There shall be a vice mayor elected

12  annually by the council from among the council members.  Such

13  election shall take place at the first meeting after the

14  general election, or at the organizational meeting during

15  years when there is no election.

16         (b)  Duties.--The vice mayor shall have the same

17  legislative powers and duties as any other council member,

18  except that he or she shall serve as acting mayor during the

19  absence or disability of the mayor and, during such period,

20  shall have the same duties as provided for in subsection (4)

21  of this section.  In the absence of the mayor and vice mayor,

22  the remaining council members shall select a council member to

23  serve as acting mayor.

24         (6)  COMPENSATION AND EXPENSES.--

25         (a)  Compensation.--The council members and mayor shall

26  receive compensation as established by ordinance. Such

27  compensation shall not take effect until the date of

28  commencement of the terms of council members elected at the

29  next regularly scheduled election that follows the adoption of

30  said ordinance by at least 6 months.  The sole exception to

31  this is that the council members and mayor elected initially


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  under subsection (3) of section 13 may adopt an ordinance

  2  which compensates the council members for up to $1,200 per

  3  year, and the mayor for up to $1,800 per year.  Such

  4  ordinance, if adopted, shall take effect immediately.

  5         (b)  Expenses.--The council may provide for

  6  reimbursement of actual expenses incurred by its members while

  7  performing their official duties.

  8         (7)  VACANCIES; FORFEITURE OF OFFICE, SUSPENSION,

  9  RECALL, FILLING OF VACANCIES.--

10         (a)  Vacancies.--A vacancy in the office of mayor or of

11  a council seat shall occur upon the death of the incumbent,

12  removal from office as authorized by law, resignation,

13  appointment to other public office which creates dual office

14  holding, judicially determined incompetence, or forfeiture of

15  office as described in paragraph (b).

16         (b)  Forfeiture of office.--The mayor or any other

17  council member shall forfeit his or her office upon

18  determination by the council, acting as a body, that he or

19  she:

20         1.  Lacks at any time, or fails to maintain during his

21  or her term of office, any qualification for the office

22  prescribed by this charter or as otherwise required by law;

23         2.  Is convicted of a felony, or enters a plea of

24  guilty or nolo contendere to a crime punishable as a felony,

25  even if adjudication of guilt has been withheld;

26         3.  Is convicted of a first degree misdemeanor arising

27  directly out of his or her official conduct or duties, or

28  enters a plea of guilty or nolo contendere thereto, even if

29  adjudication of guilt has been withheld;

30         4.  Is found to have violated any standard of conduct

31  or code of ethics established by law for public officials and


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  has been suspended from office by the Governor, unless

  2  subsequently reinstated as provided by law; or

  3         5.  Is absent from three consecutive regular council

  4  meetings without being excused by the council.

  5         (c)  Suspension from office.--The mayor or any other

  6  council member shall be suspended from office by the council,

  7  acting as a body, upon return of an indictment or issuance of

  8  an information charging the council member or mayor with any

  9  crime which is punishable as a felony or with any crime

10  arising out of his or her official conduct or duties which is

11  punishable as a misdemeanor.

12         1.  During the period of suspension, the mayor or the

13  council member shall not perform any official act, duty, or

14  function, or receive any allowance, emolument, or privilege of

15  office.

16         2.  If the mayor or the council member is subsequently

17  found not guilty of the charge, or if the charge is otherwise

18  dismissed or altered so that suspension would no longer be

19  required as provided herein, the suspension shall be lifted by

20  the council, and the council member or mayor shall be entitled

21  to receive full back allowances and such other emoluments as

22  he or she would have been entitled to had the suspension not

23  occurred.

24         (d)  Recall.--The electors of the city following the

25  procedures for recall established by general law or ordinance

26  may remove the mayor or any member of the city council from

27  office.

28         (e)  Filling of vacancies.--

29         1.  If, for any reason other than recall, a vacancy

30  occurs in the office of mayor, the vice mayor shall assume the

31  position of mayor and, within 30 days following the occurrence


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  of such vacancy, a special election shall be called as

  2  outlined in paragraph (5)(b) of section 8.  The special

  3  election for mayor shall be for the remainder of the unfilled

  4  term.

  5         2.  If, for any reason other than recall, a vacancy

  6  occurs in the office of any council seat within the first 2

  7  years of a term, the office shall be filled by appointment

  8  within 30 days following the occurrence of such vacancy by

  9  majority vote of the remaining council members.  Such

10  appointments shall last until the next regularly scheduled

11  election, at which time the seat shall be declared open and an

12  election held for the remaining 2 years of the original term,

13  thus continuing the original staggering of district seats.

14         3.  If, for any reason other than recall, a vacancy

15  occurs in the office of any council seat within the last 2

16  years of a term, the office shall be filled by appointment

17  within 30 days following the occurrence of such vacancy by

18  majority vote of the remaining council members.  Such

19  appointments shall last until the next regularly scheduled

20  election, at which time the seat shall be declared open and an

21  election held for the regular 4-year term.

22         4.  If a vacancy occurs as a result of a recall

23  petition, such vacancy shall be filled by special election as

24  outlined in paragraph (5)(b) of section 8.

25         5.  Any person appointed to fill a vacant seat on the

26  council is required to meet all the qualifications for office

27  except the petition requirement.

28         (8)  CITY COUNCIL MEETINGS; ORGANIZATIONAL MEETING,

29  QUORUM, SPECIAL MEETINGS.--The council shall meet regularly at

30  least once a month, at such times and places as the council

31  may prescribe by ordinance. Such meetings shall be public


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  meetings, and shall be subject to notice and other

  2  requirements of law applicable to public meetings.

  3         (a)  Organizational meeting.--The first meeting

  4  following a general city election at which elected or

  5  reelected council members are inducted into office shall be

  6  held in accordance with city ordinance.

  7         (b)  Quorum.--A majority of the council, including the

  8  mayor, shall constitute a quorum. No action of the council

  9  shall be valid unless adopted by an affirmative vote of the

10  majority of the council members and mayor in attendance,

11  unless otherwise provided by law or ordinance or as stated in

12  this charter.  All actions of the city council shall be by

13  ordinance, resolution, or motion.

14         (c)  Special meetings.--Special meetings may be held at

15  the call of the mayor or, in the absence of the mayor, at the

16  call of the vice mayor. Special meetings may also be called

17  upon the request of a majority of the council members. The

18  city clerk shall provide not less than 24 hours' prior notice

19  of the meeting to the public, unless a declared emergency

20  situation exists.

21         (9)  CITY RECORDS.--The council shall, in a properly

22  indexed book kept for the purpose, provide for the

23  authentication and recording in full of all minutes of

24  meetings, and all ordinances and resolutions adopted by the

25  council, and the same shall at all times be a public record.

26  In addition, the council shall keep verbatim recordings of all

27  meetings in accordance with state law.  The council shall

28  further maintain a current codification of all ordinances.

29  Such codification shall be printed and made available to the

30  public on a continuing basis. All ordinances or resolutions of

31  the council shall be signed by the mayor or, in the mayor's


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  absence, by the vice mayor or, in the absence of both, by the

  2  acting mayor, and attested to by the city clerk.

  3         (10)  LIMIT OF EMPLOYMENT OF COUNCIL MEMBERS.--Neither

  4  council members nor the mayor shall be in the employment of

  5  the city while in office, nor shall any former council member

  6  or former mayor be employed by the city until after the

  7  expiration of 1 year from the time of leaving office.

  8         (11)  NONINTERFERENCE BY CITY COUNCIL.--Except for the

  9  purpose of inquiry and information, the council and its

10  members, including committees thereof, are expressly

11  prohibited from interfering with the performance of the duties

12  of any city employee who is under the direct or indirect

13  supervision of the city manager or city attorney.

14         Section 6.  Charter officers.--The designated charter

15  officers shall be the city manager and the city attorney.

16         (1)  DESIGNATED CHARTER OFFICERS; APPOINTMENT, REMOVAL,

17  COMPENSATION, FILLING OF VACANCIES, CANDIDATE FOR CITY

18  OFFICE.--

19         (a)  Appointment.--The charter officers shall be

20  appointed by a majority vote of the full council and shall

21  serve at the pleasure of the council.

22         (b)  Removal.--The charter officers shall be removed

23  from office only by a majority vote of the full council.  If

24  the vote is less than unanimous, the charter officer may,

25  within 7 days after the dismissal motion by the council,

26  submit to the mayor a written request for reconsideration. Any

27  action taken by the council at the reconsideration hearing

28  shall be final.

29         (c)  Compensation.--The compensation of the charter

30  officers shall be fixed by the city council.

31


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         (d)  Filling of vacancy.--The city council shall begin

  2  the process to fill a vacancy in the charter office of the

  3  city manager or city attorney within 90 days after the vacancy

  4  occurs. An acting city manager or acting city attorney may be

  5  appointed by the council during a vacancy in office.

  6         (e)  Candidate for city office.--No charter officer

  7  shall be a candidate for any elected office while holding his

  8  or her charter office position.

  9         (2)  CITY MANAGER; QUALIFICATIONS, RESIDENCY, POWERS

10  AND DUTIES.--The city manager shall be the chief

11  administrative officer of the city.

12         (a)  Qualifications.--The city manager shall be

13  selected on the basis of experience, expertise, and management

14  ability as it pertains to running municipal government.

15         (b)  Residency.--Although the city manager need not be

16  a resident of the city at the time of appointment, within 6

17  months after such appointment, he or she shall establish and

18  maintain residency within the corporate limits of the city.

19  Upon request of the city manager, this 6-month period may be

20  extended by the city council for an additional 6-month period.

21         (c)  Power and duties.--The city manager shall:

22         1.  Attend all meetings of the city council.

23         2.  Draw and sign vouchers upon depositories, and keep,

24  or cause to be kept, a true and accurate account of same.

25  Such vouchers shall be countersigned by the mayor or by the

26  vice mayor in the event the office of mayor is vacant. If both

27  the mayor and vice mayor offices are vacant, the acting mayor

28  shall countersign such vouchers.

29         3.  Be responsible for signature and issuance of all

30  licenses issued by the city, issuance of receipts for all

31


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  moneys paid to the city, and deposit of said moneys in the

  2  proper depositories on the first banking day after receipt.

  3         4.  Provide administrative services as required by the

  4  mayor and the council.

  5         5.  Appoint a city clerk to serve at his or her

  6  pleasure.

  7         6.  Appoint and suspend or remove any employee of the

  8  city. The city manager may authorize any administrative

  9  officer who is subject to his or her direction and supervision

10  to exercise these powers with respect to subordinates in that

11  officer's department, office, or agency within the guidelines

12  of stated personnel policies and procedures.

13         7.  Direct and supervise the administration of all

14  departments, offices, and agencies of the city, except as

15  otherwise provided by this charter or by law.

16         8.  See that all laws, provisions of this charter, and

17  acts of the council are faithfully executed.

18         9.  Prepare and submit annually a balanced budget,

19  budget message, and capital program to the council.

20         10.  Keep the council fully advised as to the financial

21  condition and future needs of the city and make

22  recommendations to the council concerning the affairs of the

23  city.

24         11.  Submit to the council, and make available to the

25  public, a complete report on finances and administrative

26  activities of the city as of the end of each fiscal year.

27         12.  Sign contracts on behalf of the city to the extent

28  authorized by the council.

29         13.  Perform other such duties as are specified in this

30  charter or as may be directed by the council.

31


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         (3)  CITY ATTORNEY; QUALIFICATIONS, RESIDENCY, POWERS

  2  AND DUTIES.--The city attorney shall be the chief legal

  3  officer of the city.  The city attorney may either be retained

  4  in-house, or be retained part time under contract.

  5         (a)  Qualifications.--The city attorney shall be a

  6  member in good standing of The Florida Bar.

  7         (b)  Residency.--If retained in-house, the city

  8  attorney shall, within 6 months after such appointment,

  9  establish and maintain residency within the corporate limits

10  of the city. Upon request of the city attorney, this 6-month

11  period may be extended by the city council for an additional

12  6-month period.  If city attorney services are contracted,

13  such attorney need not be a resident of the city.

14         (c)  Powers and duties.--The city attorney:

15         1.  Shall serve as chief legal advisor to the city

16  commission, the city manager, and all city departments,

17  offices, city advisory boards, and agencies.

18         2.  If in-house, shall appoint, suspend, or remove such

19  assistant attorneys as may be required.  If city attorney

20  services are contracted, the city manager shall appoint,

21  suspend, or remove any in-house assistant attorneys as may be

22  required. The remainder of the staff of the office of the city

23  attorney shall be employees of the city, appointed, suspended,

24  or removed under the regular personnel policies and procedures

25  of the city.

26         3.  Or his or her designee, shall attend all city

27  council meetings unless excused by the city council, and shall

28  perform such professional duties as may be required by law or

29  by the council in furtherance of the law.

30         4.  Shall prepare an annual budget for the operation of

31  the office of the city attorney and shall submit this budget


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  to the city manager for inclusion in the annual city budget,

  2  in accordance with uniform city procedures.

  3         Section 7.  Budget and appropriations.--

  4         (1)  FISCAL YEAR.--The city fiscal year shall begin on

  5  October 1 of each year and end on September 30 of the

  6  succeeding year.

  7         (2)  BUDGET ADOPTION.--The council shall, by

  8  resolution, adopt a budget on or before the 30th day of

  9  September of each year. A resolution adopting the annual

10  budget shall constitute appropriation of the amounts specified

11  therein as expenditures from funds indicated.

12         (3)  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR;

13  SUPPLEMENTAL APPROPRIATIONS, REDUCTION OF APPROPRIATIONS,

14  TRANSFER OF APPROPRIATIONS, LIMITATIONS, EFFECTIVE DATE,

15  LIMITATIONS TO COUNCIL'S CONTRACTING AUTHORITY.--

16         (a)  Supplemental appropriations.--If, during the

17  fiscal year, revenues in excess of those estimated in the

18  budget are available for appropriation, the council may, by

19  resolution, make supplemental appropriations for the year in

20  an amount not to exceed such excess.

21         (b)  Reduction of appropriations.--If, at any time

22  during the fiscal year, it appears probable to the city

23  manager that the revenues available will be insufficient to

24  meet the amount appropriated, he or she shall so report to the

25  council without delay, indicating the estimated amount of the

26  deficit, any remedial action to be taken, and recommendations

27  as to any other steps that should be taken. The council shall

28  then take such further action as it deems necessary to prevent

29  any deficit and, for that purpose, the council may by

30  resolution reduce one or more appropriations accordingly.

31


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         (c)  Transfer of appropriations.--At any time during

  2  the fiscal year, the city manager may transfer all or part of

  3  any unencumbered appropriation balance within a department,

  4  office, or agency of the city to other programs within the

  5  same department, office, or agency. Further, upon written

  6  request of the city manager, the council may transfer part or

  7  all of any unencumbered appropriation balance from one

  8  department, office, or agency to another.

  9         (d)  Limitations; effective date.--No appropriation for

10  debt service may be reduced or transferred, no appropriation

11  may be reduced below any amount required by law to be

12  appropriated, and no appropriation may be reduced by more than

13  the amount of the unencumbered balance thereof.  The

14  supplemental and emergency appropriations and reduction or

15  transfer of appropriations authorized by this section may be

16  made effective immediately upon adoption.

17         (e)  Limitations to council's contracting

18  authority.--Unless authorized by the electors of the city at a

19  duly held referendum election, the council shall not enter

20  into lease-purchase contracts or any other unfunded multiyear

21  contracts, the repayment of which extends in excess of 36

22  months or exceeds $15 million.

23         Section 8.  Elections.--

24         (1)  ELECTORS.--Any person who is a resident of the

25  city, who has qualified as an elector of this state, and who

26  registers in the manner prescribed by law shall be an elector

27  of the city.

28         (2)  NONPARTISAN ELECTIONS.--All elections for city

29  elective office shall be conducted on a nonpartisan basis

30  without any designation of political party affiliation.

31


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         (3)  QUALIFYING FOR OFFICE.--Any person who wishes to

  2  become a candidate for a city elective office shall qualify

  3  with the city clerk no sooner than 45 calendar days nor later

  4  than 35 calendar days prior to the second Tuesday in September

  5  of each odd-numbered year. In addition, candidates shall

  6  qualify as provided in paragraph (1)(b) of section 5.

  7         (4)  SCHEDULE FOR REGULAR ELECTIONS AND PRIMARIES.--The

  8  regular city election shall be the first Tuesday after the

  9  first Monday in November of each odd-numbered year. Such city

10  elections shall be general city elections. If there are more

11  than two candidates who qualify for any office, a primary city

12  election shall be held on the first Tuesday after the first

13  Monday in September.

14         (a)  An election to fill a vacant council seat, as

15  outlined in paragraph (7)(e) of section 5, when there is more

16  than half of the term remaining shall be held during the next

17  regularly scheduled election. Such election shall be for the

18  remaining 2 years of the original term.

19         (b)  An election to fill a vacant council seat, as

20  outlined in paragraph (7)(e) of section 5, when there is less

21  than half of the term remaining shall be filled at the next

22  regularly scheduled election.  Such election shall be for a

23  4-year term.

24         (5)  SCHEDULE FOR SPECIAL ELECTIONS.--

25         (a)  A special election for a vacant position of mayor,

26  as outlined in paragraph (7)(e) of section 5, shall be called

27  within 30 days, and the city council shall, by resolution, fix

28  the time for holding of such election.  Such special election

29  for mayor shall be for the remainder of the vacant term.

30         (b)  All other special municipal elections shall be

31  held in the same manner as regular elections, and the city


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  council shall, by resolution, fix the time for holding of such

  2  elections.

  3         (6)  DETERMINATION OF ELECTION TO OFFICE.--

  4         (a)  If only one candidate qualifies for an office,

  5  that candidate shall be deemed to be elected and shall not be

  6  placed on either the general or the primary ballot.

  7         (b)  If two or more candidates qualify for an office,

  8  the names of those candidates shall be placed on the ballot at

  9  the primary election. If any candidate for such office

10  receives a majority of the votes cast in the primary election

11  for the office, he or she shall be deemed to be elected.

12         (c)  If no single candidate for an office receives a

13  majority of the votes cast in the city primary election for

14  that office, the two candidates for the office receiving the

15  highest vote in the primary city election shall run again in

16  the regular city election. Further:

17         1.  In any primary election in which there is a tie for

18  first place, the name of each such candidate shall be placed

19  on the city's general election ballot.

20         2.  In any primary election in which there is a tie for

21  second place and the candidate placing first did not receive a

22  majority of the votes cast for such office, the name of the

23  candidate placing first and the name of each candidate tying

24  for second shall be placed on the city's general election

25  ballot.

26         (d)  The candidate receiving the highest number of

27  votes cast for the office in the city's general election shall

28  be elected to such office.  If the vote at the general city

29  election results in a tie, the outcome shall be determined by

30  lot as follows:

31


                                  18

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         1.  At the first regularly scheduled council meeting

  2  after the election, the Supervisor of Elections of Flagler

  3  County shall toss a coin.  In alphabetic order, the two

  4  candidates shall call the coin.

  5         2.  The candidate whose call matches the coin toss

  6  shall be declared the winner.

  7         (7)  CITY CANVASSING BOARD.--For purposes of certifying

  8  absentee ballots and election results, the city clerk and a

  9  representative from the city designated by the council shall

10  be known as the canvassing board.  At the close of the polls

11  of any city election, the canvassing board shall ensure that

12  the absentee ballots are delivered to the Flagler County

13  Supervisor of Elections, and shall meet at the county election

14  headquarters and proceed to certify the ballots and open them

15  in the presence of a representative of the supervisor of

16  elections' office. In addition, after final election results

17  are certified by the Flagler County Supervisor of Elections,

18  the canvassing board shall immediately report the results back

19  to a meeting of the city council held for the purpose of final

20  certification and filing with the city clerk as required by

21  law.

22         Section 9.  Land description.--

23         (1)  CITY BOUNDARIES.--The initial corporate boundaries

24  shall be as hereinafter described.  At any time after

25  incorporation, boundaries may be changed in accordance with

26  general laws regarding annexation without amendments to the

27  charter.

28

29         FROM A POINT OF BEGINNING BEING THE

30         NORTHEASTERLY MOST CORNER OF PALM COAST SECTION

31         37 AS RECORDED IN MAP BOOK 13, PAGE 27 AND


                                  19

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         BEING A POINT ON THE WEST RIGHT OF WAY LINE OF

  2         INTERSTATE 95; THENCE S25°15'02"E ALONG SAID

  3         WESTERLY RIGHT OF WAY LINE OF INTERSTATE 95 FOR

  4         A DISTANCE OF 5870.95 FEET TO A POINT IN

  5         SECTION 26-10-30; THENCE DEPART SAID WEST RIGHT

  6         OF WAY LINE OF INTERSTATE 95 AND RUN

  7         N64°44'58"E, 465.78 FEET TO THE SOUTHEAST

  8         CORNER OF LOT 1, BLOCK 39 OF VACATED PALM COAST

  9         SECTION 42 BEING A POINT OF THE WEST RIGHT OF

10         WAY LINE OF NEW RANCH PLACE AS SHOWN ON SAID

11         VACATED PLAT OF PALM COAST SECTION 42; THENCE

12         ALONG THE FOLLOWING COURSES AND DISTANCES IN

13         SAID VACATED PALM COAST SECTION 42: ALONG A

14         CURVE T0 THE RIGHT HAVING A RADIUS OF 100.00

15         FEET, A CENTRAL ANGLE OF 30°35'38", AN ARC

16         LENGTH OF 53.40 FEET AND A CHORD BEARING

17         N02°47'11"W TO A POINT ON A CURVE; THENCE

18         NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING

19         A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF

20         37°45'41", AN ARC LENGTH OF 65.91 FEET AND A

21         CHORD BEARING N44°07'52"W TO A POINT; THENCE

22         N64°44'58"E, 50.00 FEET TO A POINT ON A CURVE;

23         THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT

24         HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE

25         OF 90°00'00", AN ARC LENGTH OF 78.54 FEET AND A

26         CHORD BEARING S70°15'02"E TO A POINT OF

27         TANGENCY; THENCE N64°44'58"E, 930.00 FEET;

28         THENCE S25°15'02"E, 827.47 FEET: THENCE

29         N64°44'58"E, 800.00 FEET TO A POINT OF

30         CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE

31         TO THE LEFT HAVING A RADIUS OF 100.00 FEET, A


                                  20

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         CENTRAL ANGLE OF 90°00'00" AND AN ARC LENGTH OF

  2         157.08 FEET TO THE POINT OF TANGENCY; THENCE

  3         N25°15'02"W, 370.00 FEET THENCE N64°44'58"E,

  4         125.00 FEET; THENCE S79°22'56"E, 93.60 FEET TO

  5         A POINT OF CURVATURE; THENCE NORTHEASTERLY

  6         ALONG A CURVE TO THE LEFT HAVING A RADIUS OF

  7         165.00 FEET, A CENTRAL ANGLE OF 134°56'40" AND

  8         AN ARC LENGTH OF 388.61 FEET TO A POINT OF

  9         TANGENCY; THENCE N58°22'07"E, 100.00 FEET;

10         THENCE S31°37'53"E, 1627.40 FEET; THENCE

11         S00°34'22"W, 1187.69 FEET; THENCE S89°25'38"E,

12         164.76 FEET TO A POINT OF CURVATURE; THENCE

13         NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING

14         A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF

15         90°00'00" AND AN ARC LENGTH OF 353.43 FEET TO A

16         POINT OF TANGENCY; THENCE N64°44'58"E, 1207.98

17         FEET TO A POINT OF CURVATURE; THENCE

18         SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING

19         A RADIUS OF 275.00 FEET, A CENTRAL ANGLE OF

20         83°37'09" AND AN ARC LENGTH OF 401.34 FEET TO A

21         POINT OF TANGENCY; THENCE N58°22'07"E 200.00

22         FEET TO A POINT ON THE EASTERLY RIGHT OF WAY

23         LINE OF THE 200.00 FOOT FLORIDA POWER & LIGHT

24         EASEMENT LYING IN GOVERNMENT SECTION 25-10-30;

25         THENCE S31°37'53"E ALONG THE EASTERLY RIGHT OF

26         WAY LINE OF SAID FLORIDA POWER & LIGHT EASEMENT

27         FOR A DISTANCE OF 1009.92 FEET TO A POINT ON

28         THE NORTH RIGHT OF WAY LINE OF NORMAN YOUNG

29         PARKWAY AS SHOWN ON THE PLAT OF VACATED PALM

30         COAST SECTION 89 (MAP BOOK 25, PAGE 52); THENCE

31         NORTHEASTERLY ALONG SAID NORTH RIGHT OF WAY


                                  21

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         LINE OF NORMAN YOUNG PARKWAY BEING ALONG A

  2         CURVE TO THE RIGHT HAVING A RADIUS OF 10,000.00

  3         FEET, A CENTRAL ANGLE OF 04°00'35", AN ARC

  4         LENGTH OF 699.84 FEET AND A CHORD BEARING

  5         N67°30'29"E TO A POINT OF TANGENCY; THENCE

  6         N69°30'47"E CONTINUING ALONG SAID RIGHT OF WAY

  7         LINE OF NORMAN YOUNG PARKWAY FOR A DISTANCE OF

  8         1072.23 FEET TO A POINT OF CURVATURE; THENCE

  9         SOUTHEASTERLY CONTINUING ALONG SAID RIGHT OF

10         WAY LINE OF NORMAN YOUNG PARKWAY BEING ALONG A

11         CURVE TO THE RIGHT HAVING A RADIUS OF 599.00

12         FEET, A CENTRAL ANGLE OF 90°00'00" AND AN ARC

13         OF 940.91 FEET TO A POINT OF TANGENCY; THENCE

14         S20°29'13"E CONTINUING ALONG SAID RIGHT OF WAY

15         LINE OF NORMAN YOUNG PARKWAY FOR A DISTANCE OF

16         1810.00 FEET TO THE NORTHEAST CORNER OF PALM

17         COAST SECTION 10 AS RECORDED IN MAP BOOK 6,

18         PAGE 43; THENCE S20°19'13"E CONTINUING ALONG

19         SAID RIGHT OF WAY LINE OF NORMAN YOUNG PARKWAY

20         FOR A DISTANCE OF 547.21 FEET TO ITS

21         INTERSECTION WITH THE NORTHERLY RIGHT OF WAY

22         LINE OF CRIS LANE (A 50.00 FOOT RIGHT OF WAY AS

23         SHOWN ON THE MAP OF COUNTRY CLUB COVE AT PALM

24         COAST, SECTION 16, MAP BOOK 6, PAGE 86); THENCE

25         N69°30'47"E ALONG SAID NORTHERLY RIGHT OF WAY

26         LINE OF CRIS LANE FOR A DISTANCE OF 960.00

27         FEET; THENCE S20°29'13"E, 55.00 FEET TO THE

28         NORTHWEST CORNER OF LOT 1, BLOCK 12 OF SAID

29         SECTION 16, PALM COAST; THENCE N69°30'47"E

30         ALONG THE NORTHERLY LINE OF SAID LOT 1 FOR A

31         DISTANCE OF 125.00 FEET TO A POINT ON THE


                                  22

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         WESTERLY RIGHT OF WAY OF CURRY WATERWAY (A

  2         125.00 FOOT RIGHT OF WAY IN SAID PALM COAST

  3         SECTION 16) THENCE N20°29'13"W ALONG SAID CURRY

  4         WATERWAY RIGHT OF WAY LINE A DISTANCE OF 80.00

  5         FEET; THENCE N69°30'47"E, 250.00 FEET TO A

  6         POINT ON THE WESTERLY RIGHT OF WAY LINE OF

  7         COVINGTON LANE (A 50.00 FOOT RIGHT OF WAY IN

  8         SAID PALM COAST SECTION 16, SAID POINT BEING

  9         THE NORTHEAST CORNER OF LOT 113, BLOCK 10 OF

10         SAID PALM COAST SECTION 16; THENCE N20°29'13"W

11         ALONG THE WESTERLY RIGHT OF WAY OF COVINGTON

12         LANE FOR A DISTANCE OF 20.00 FEET; THENCE

13         N69°30'47"E, 409.49 FEET TO THE NORTHERLY MOST

14         CORNER OF LOT 50, BLOCK 11 OF SAID PALM COAST

15         SECTION 16; THENCE N72°34'30"E, 1996.35 FEET TO

16         THE NORTHWEST CORNER OF COUNTRY CLUB COVE,

17         SECTION I5 AT PALM COAST, (AS RECORDED IN MAP

18         BOOK 6, PAGE 71 OF THE PUBLIC RECORDS OF

19         FLAGLER COUNTY, FLORIDA); THENCE N25°53'57"E,

20         940.00 FEET TO THE MOST NORTHERLY CORNER OF

21         SAID PALM COAST, SECTION 15; THENCE S64°06'03"E

22         ALONG THE NORTHERLY BOUNDARY OF SAID PALM COAST

23         SECTION 15 FOR A DISTANCE OF 1505.47 FEET;

24         THENCE N70°53'57"E ALONG THE NORTH BOUNDARY OF

25         SAID PALM COAST SECTION 15 AND A CONTINUATION

26         THEREOF FOR A DISTANCE OF 1732.56 FEET TO A

27         POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE

28         INTRACOASTAL WATERWAY; THENCE SOUTHERLY ALONG

29         THE WEST RIGHT OF WAY LINE OF THE INTRACOASTAL

30         WATERWAY FOR A DISTANCE OF 18,000 +/- FEET TO

31         THE NORTH LINE OF RESERVED PARCEL A, WATERWAY


                                  23

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         TRACE SUBDIVISION AS RECORDED IN MAP BOOK 30,

  2         PAGES 33-35; THENCE EASTERLY ALONG THE NORTH

  3         LINE OF SAID RESERVED PARCEL A TO THE EAST LINE

  4         OF SAID WATERWAY TRACE SUBDIVISION BEING THE

  5         WEST MEAN HIGH WATER LINE OF THE INTRACOASTAL

  6         WATERWAY CANAL; THENCE SOUTHERLY ALONG SAID

  7         EAST LINE OF SAID WATERWAY TRACE SUBDIVISION

  8         BEING ALONG THE WEST MEAN HIGH WATER LINE OF

  9         THE INTRACOASTAL WATERWAY TO THE SOUTHEAST

10         CORNER OF SAID WATERWAY TRACE SUBDIVISION;

11         THENCE WEST ALONG THE SOUTH LINE OF SAID

12         WATERWAY TRACE SUBDIVISION TO THE WEST RIGHT OF

13         WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE

14         SOUTHERLY ALONG THE WEST RIGHT OF WAY LINE OF

15         THE INTRACOASTAL WATERWAY FOR A DISTANCE OF

16         3,600 +/- FEET TO THE NORTHWESTERLY CORNER OF

17         FLAGLER COUNTY'S "NORTH ICWW PARK" AS DESCRIBED

18         IN OFFICIAL RECORDS BOOK 455, PAGE 778 AND

19         OFFICIAL RECORDS BOOK 571, PAGE 1946; THENCE

20         SOUTHERLY AROUND THE WESTERLY, SOUTHERLY, AND

21         EASTERLY BOUNDARIES OF SAID "NORTH ICWW PARK"

22         TO THE WEST RIGHT OF WAY LINE OF THE

23         INTRACOASTAL WATERWAY; THENCE SOUTH ALONG THE

24         WEST RIGHT OF WAY LINE OF THE INTRACOASTAL

25         WATERWAY FOR A DISTANCE OF 3,500 +/- FEET TO

26         THE NORTH LINE OF FRONT STREET AT GRAND HAVEN

27         PHASE 1 SUBDIVISION AS RECORDED IN MAP BOOK 30,

28         PAGES 87-88; THENCE EAST ALONG THE NORTH LINE

29         OF SAID FRONT STREET PHASE 1 SUBDIVISION TO THE

30         WEST MEAN HIGH WATER LINE OF THE INTRACOASTAL

31         WATERWAY CANAL; THENCE SOUTH ALONG THE EAST


                                  24

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         LINE OF SAID FRONT STREET PHASE 1 SUBDIVISION

  2         AND ALONG THE EAST LINE OF FRONT STREET PHASE 2

  3         SUBDIVISION AS RECORDED IN MAP BOOK 30, PAGES

  4         96-97 AND ALONG THE EAST LINE OF FRONT STREET

  5         PHASE 3 SUBDIVISION AS RECORDED IN MAP BOOK 31,

  6         PAGES 4-5 BEING ALSO ALONG THE WEST MEAN HIGH

  7         WATER LINE OF THE INTRACOASTAL WATERWAY CANAL

  8         FOR A DISTANCE OF 3,000 +/- FEET TO THE SOUTH

  9         LINE OF SAID FRONT STREET PHASE 3 SUBDIVISION;

10         THENCE WEST ALONG THE SOUTH LINE OF SAID FRONT

11         STREET PHASE 3 SUBDIVISION TO THE WEST RIGHT OF

12         WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE

13         SOUTH ALONG THE WEST RIGHT OF WAY LINE OF THE

14         INTRACOASTAL WATERWAY FOR A DISTANCE OF 7,500

15         +/- FEET TO THE NORTH LINE OF FLAGLER COUNTY'S

16         "SOUTH ICWW PARK" AS DESCRIBED IN OFFICIAL

17         RECORDS BOOK 455, PAGE 769; THENCE SOUTHERLY

18         AROUND THE NORTHERLY AND WESTERLY BOUNDARIES OF

19         SAID "SOUTH ICWW PARK" TO THE NORTH RIGHT OF

20         WAY LINE OF SOUTH PARK ROAD AS DESCRIBED IN

21         OFFICIAL RECORDS BOOK 581, PAGE 1512; THENCE

22         SOUTHERLY AND WESTERLY ALONG THE NORTH RIGHT OF

23         WAY LINE OF SOUTH PARK ROAD AND THE EXTENSION

24         THEREOF, CROSSING COLBERT LANE TO THE EAST

25         BOUNDARY OF THE GRAND HAVEN CONSERVATION AREA

26         (GRAHAM SWAMP) CONVEYED TO THE ST. JOHNS RIVER

27         WATER MANAGEMENT DISTRICT; THENCE NORTH ALONG

28         SAID EAST BOUNDARY OF GRAHAM SWAMP FOR A

29         DISTANCE OF 15,000 +/- FEET TO THE NORTHEAST

30         CORNER THEREOF BEING A POINT ON THE SOUTH SIDE

31         OF A DRAINAGE DITCH LOCALLY KNOWN AS DITCH 10;


                                  25

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         THENCE EAST ALONG THE SOUTH SIDE OF DITCH 10 TO

  2         THE WEST RIGHT OF WAY LINE OF COLBERT LANE;

  3         THENCE NORTH ALONG THE WEST RIGHT OF WAY LINE

  4         OF COLBERT LANE FOR A DISTANCE OF 3,000 +/-

  5         FEET TO ITS INTERSECTION WITH THE EAST LINE OF

  6         PALM COAST HOLDINGS' PARCEL NO. 533 AS

  7         DESCRIBED IN OFFICIAL RECORDS BOOK 553, PAGE

  8         1802; THENCE DEPARTING THE WEST RIGHT OF WAY

  9         LINE OF COLBERT LANE AND RUN SOUTHERLY AND

10         WESTERLY ALONG THE BOUNDARY OF SAID PARCEL NO.

11         533 TO ITS INTERSECTION AGAIN WITH THE WEST

12         RIGHT OF WAY LINE OF COLBERT LANE; THENCE

13         NORTHWESTERLY ALONG THE WEST RIGHT OF WAY OF

14         COLBERT LANE FOR A DISTANCE OF 600 +/- FEET TO

15         ITS INTERSECTION WITH THE EAST LINE OF PALM

16         COAST HOLDINGS' PARCEL NO. 505 AS DESCRIBED IN

17         OFFICIAL RECORDS BOOK 553, PAGE 1781; THENCE

18         DEPARTING THE WEST RIGHT OF WAY LINE OF COLBERT

19         LANE AND RUN SOUTHERLY AND WESTERLY ALONG THE

20         BOUNDARY OF SAID PARCEL NO. 505 TO THE

21         SOUTHWEST CORNER THEREOF BEING A POINT ON THE

22         EAST LINE OF GOVERNMENT SECTION 42, TOWNSHIP 11

23         SOUTH, RANGE 31 EAST BEING ALSO A POINT ON THE

24         BOUNDARY OF SAID GRAHAM SWAMP; THENCE NORTHERLY

25         AND WESTERLY ALONG THE BOUNDARY OF SAID GRAHAM

26         SWAMP FOR A DISTANCE OF 9,000 +/- FEET TO THE

27         EAST RIGHT OF WAY LINE OF OLD KINGS ROAD;

28         THENCE SOUTH ALONG THE EAST RIGHT OF WAY OF OLD

29         KINGS ROAD BEING ALSO ALONG THE BOUNDARY OF

30         SAID GRAHAM SWAMP FOR A DISTANCE OF 3,000 +/-

31         FEET; THENCE DEPARTING THE EAST RIGHT OF WAY OF


                                  26

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         OLD KINGS ROAD AND RUN ALONG THE BOUNDARY OF

  2         SAID GRAHAM SWAMP AND THE EXTENSION THEREOF

  3         EASTERLY AND SOUTHERLY FOR A DISTANCE OF 22,500

  4         +/- FEET TO THE SOUTH RIGHT OF WAY LINE OF THE

  5         LEHIGH RAILROAD SPUR LYING IN GOVERNMENT

  6         SECTION 40, TOWNSHIP 12 SOUTH, RANGE 31 EAST;

  7         THENCE EAST ALONG SAID SOUTH RIGHT OF WAY LINE

  8         OF THE LEHIGH RAILROAD SPUR FOR A DISTANCE OF

  9         500 +/- FEET TO THE NORTHEAST CORNER OF THE

10         LANDS NOW OR FORMERLY OWNED BY CON-COR

11         MICHIGAN, INC. AS DESCRIBED IN OFFICIAL RECORDS

12         BOOK 551, PAGE 598; THENCE SOUTHEASTERLY ALONG

13         THE EAST LINE OF SAID CON-COR MICHIGAN LANDS

14         FOR A DISTANCE OF 10,000 +/- FEET TO THE NORTH

15         RIGHT OF WAY LINE OF STATE ROAD 100; THENCE

16         WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID

17         STATE ROAD 100 FOR A DISTANCE OF 600 +/- FEET

18         TO A POINT OPPOSITE THE NORTHWEST CORNER OF THE

19         FLAGLER COUNTY COQUINA QUARRY; THENCE SOUTH

20         CROSSING STATE ROAD 100 AND RUNNING ALONG THE

21         WEST BOUNDARY OF THE FLAGLER COUNTY COQUINA

22         QUARRY FOR A DISTANCE OF 1,000 +/- FEET TO THE

23         SOUTHWEST CORNER OF SAID COQUINA QUARRY; THENCE

24         WEST 3,500 +/- FEET TO THE WESTERLY RIGHT OF

25         WAY LINE OF INTERSTATE 95 (STATE ROAD 9) BEING

26         IN GOVERNMENT SECTION 9-12-31; THENCE SOUTH

27         ALONG SAID WESTERLY RIGHT OF WAY LINE FOR A

28         DISTANCE OF 22,000 +/- FEET TO THE NORTH LINE

29         OF THE S.E.  1/4  OF THE S.E.  1/4  OF SECTION

30         33-12-31; THENCE WEST 6,300 +/- FEET TO THE

31         N.W. CORNER OF THE S.W.  1/4  OF THE S.W.  1/4


                                  27

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         OF SECTION 34-12-31; THENCE S89°15'49"W,

  2         2682.66 FEET; THENCE N00°22'50"W ALONG THE EAST

  3         LINE OF THE SOUTH  1/2  OF THE NORTHEAST  1/4

  4         OF THE SOUTHWEST  1/4  OF SECTION 33-12-31 FOR

  5         A DISTANCE OF 662.16 FEET; THENCE S89°08'53"W

  6         ALONG THE NORTH LINE OF SAID SOUTH  1/2  OF THE

  7         NORTHEAST  1/4  OF THE SOUTHWEST  1/4  OF

  8         SECTION 33-12-31 FOR A DISTANCE OF 1324.92

  9         FEET; THENCE S00°43'39"E ALONG THE WEST LINE OF

10         SAID SOUTH  1/2  OF THE NORTHEAST  1/4  OF THE

11         SOUTHWEST  1/4  OF SECTION 33-12-31 FOR A

12         DISTANCE OF 661.38 FEET; THENCE S89°10'53"W

13         ALONG THE SOUTH LINE OF THE NORTHWEST  1/4  OF

14         THE SOUTHWEST  1/4  OF SECTION 33-12-31 FOR A

15         DISTANCE OF 1320.91 FEET TO THE WEST LINE OF

16         SAID SECTION 33-12-31; THENCE N01°04'30"W ALONG

17         SAID WEST LINE OF SAID SECTION 33-12-31 FOR A

18         DISTANCE OF 660.61 FEET TO THE SOUTHWEST CORNER

19         OF THE NORTHWEST  1/4  OF THE NORTHWEST  1/4

20         OF THE SOUTHWEST  1/4  OF SAID SECTION

21         33-12-31; THENCE N89°08'53"E 662.46 FEET;

22         THENCE N00°54'04"W ALONG THE EAST LINE OF THE

23         NORTHWEST  1/4  OF THE NORTHWEST  1/4  OF THE

24         SOUTHWEST  1/4  OF SECTION 33-12-31 FOR A

25         DISTANCE OF 660.99 FEET; THENCE S89°06'54"W,

26         664.48 FEET TO THE EAST  1/4  OF SECTION

27         32-12-31; THENCE N01°37'03"W ALONG THE EAST

28         LINE OF SAID SECTION 32-12-31 FOR A DISTANCE OF

29         663.26 FEET; THENCE S88°35'13"W, 1309.85 FEET;

30         THENCE N00°33'44"W, 1319.61 FEET; THENCE

31         S88°34'20"W, 664.57 FEET; THENCE S00°46'20"E,


                                  28

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         988.44 FEET; THENCE S88°45'05"W 660.05 FEET;

  2         THENCE S00°43'25"E ALONG THE EAST LINE OF THE

  3         NORTHWEST  1/4  OF SECTION 32-12-31 FOR A

  4         DISTANCE OF 990.02 FEET TO THE CENTER OF SAID

  5         SECTION 32-12-31; THENCE N89°48'19"W, 664.55

  6         FEET; THENCE N00°44'21"W, 1298.43 FEET; THENCE

  7         S88°40'01"W, 1235.79 FEET; THENCE S00°30'23"W,

  8         1281.20 FEET TO A POINT ON THE SOUTH LINE OF

  9         THE NORTHWEST  1/4  OF SECTION 32-12-31; THENCE

10         S89°08'36"W, ALONG SAID SOUTH LINE, A DISTANCE

11         OF 325.21 FEET; THENCE S01°18'41"W, 1330.76

12         FEET; THENCE S88°51'46"W, 335.19 FEET TO A

13         POINT ON THE WEST LINE OF SECTION 32-12-31;

14         THENCE WEST 250 +/- FEET TO A POINT ON THE

15         EASTERLY RIGHT OF WAY LINE OF U.S. 1; THENCE

16         NORTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY

17         LINE OF U.S. HIGHWAY NO. 1 FOR A DISTANCE OF

18         2,000 +/- FEET TO THE NORTH RIGHT OF WAY LINE

19         OF SEMINOLE WOODS BOULEVARD; THENCE EASTERLY

20         AND NORTHERLY ALONG SAID NORTH RIGHT OF WAY

21         LINE FOR A DISTANCE OF 31,500 +/- FEET TO THE

22         SOUTH RIGHT OF WAY LINE OF STATE ROAD 100;

23         THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE

24         OF STATE ROAD 100 FOR A DISTANCE OF 9,600 +/-

25         FEET TO THE NORTHWEST CORNER OF THE FLAGLER

26         COUNTY AIRPORT PROPERTY; THENCE DEPARTING THE

27         SOUTH RIGHT OF WAY LINE OF STATE ROAD 100 AND

28         RUN SOUTH ALONG THE WEST BOUNDARY LINE OF THE

29         FLAGLER COUNTY AIRPORT 1,800 +/- FEET TO A

30         POINT LYING N88°46'16"E 555.09 FEET FROM THE

31         NORTHEASTERLY CORNER OF THE FLAGLER COUNTY


                                  29

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         COUNCIL ON AGING PROPERTY; THENCE S88°46'16"W

  2         555.09 FEET TO THE NORTHEASTERLY CORNER OF THE

  3         FLAGLER COUNTY COUNCIL ON AGING PROPERTY;

  4         THENCE WESTERLY ALONG THE NORTH LINE OF SAID

  5         COUNCIL ON AGING PROPERTY FOR A DISTANCE OF 585

  6         +/- FEET TO THE EAST RIGHT OF WAY LINE OF BELLE

  7         TERRE PARKWAY; THENCE SOUTHERLY ALONG THE EAST

  8         RIGHT OF WAY LINE OF BELLE TERRE PARKWAY FOR A

  9         DISTANCE OF 9,000 +/- FEET TO THE SOUTHWEST

10         CORNER OF RESERVED PARCEL E-2, LAGUNA FOREST

11         SUBDIVISION AS RECORDED IN MAP BOOK 18, PAGES

12         36-43 BEING ALSO A POINT ON THE NORTH RIGHT OF

13         WAY LINE OF LAGUNA FOREST TRAIL; THENCE

14         EASTERLY ALONG THE SOUTH LINE OF SAID RESERVED

15         PARCEL E-2 AND CONTINUE ALONG THE SOUTH LINE OF

16         RESERVED PARCELS D-1, C-5, AND C-4 FOR A

17         DISTANCE OF 6,000 +/- FEET TO THE EASTERLY LINE

18         OF SAID LAGUNA FOREST SUBDIVISION; THENCE

19         SOUTHEASTERLY 3,600 +/- FEET ALONG THE EASTERLY

20         LINE OF SAID LAGUNA FOREST SUBDIVISION AND THE

21         EXTENSION THEREOF TO THE SOUTH RIGHT OF WAY

22         LINE OF CITATION PARKWAY; THENCE WESTERLY ALONG

23         THE SOUTH RIGHT OF WAY LINE OF CITATION PARKWAY

24         FOR A DISTANCE OF 6,000 +/- FEET TO THE SOUTH

25         RIGHT OF WAY LINE OF BELLE TERRE PARKWAY;

26         THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY

27         LINE OF BELLE TERRE PARKWAY FOR A DISTANCE OF

28         3,300 +/- FEET TO THE EAST LINE OF KANKAKEE RUN

29         SUBDIVISION SECTION 65 AS RECORDED IN MAP BOOK

30         17, PAGES 56-67; THENCE SOUTHERLY ALONG THE

31         EAST LINE OF SAID KANKAKEE RUN SUBDIVISION FOR


                                  30

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         A DISTANCE OF 7,500 +/- FEET TO THE NORTH RIGHT

  2         OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE

  3         NORTHWESTERLY ALONG THE NORTH RIGHT OF WAY OF

  4         U.S. HIGHWAY NO. 1 FOR A DISTANCE OF 9,000 +/-

  5         FEET TO A POINT ON THE SOUTH LINE OF SECTION

  6         24-12-30; THENCE DEPART SAID RIGHT OF WAY LINE

  7         OF U.S. NO. 1 AND RUN S88°39'23"W ALONG SAID

  8         SOUTH LINE OF SECTION 24-12-30 FOR A DISTANCE

  9         OF 589.03 FEET; THENCE N01°21'13"W, 660.27

10         FEET; THENCE N88°39'12"E, 957.50 FEET TO A

11         POINT ON THE EASTERLY RIGHT OF WAY LINE OF U.S.

12         1; THENCE N30°31'02"W ALONG SAID EASTERLY RIGHT

13         OF WAY LINE FOR A DISTANCE OF 1289.12 FEET TO A

14         POINT ON THE WEST LINE OF SECTION 24-12-31;

15         THENCE DEPART THE SAID EASTERLY RIGHT OF WAY

16         LINE OF U.S. 1 AND RUN N00°45'33"E ALONG THE

17         WEST LINE OF SECTION 24-12-30 FOR A DISTANCE OF

18         3502.18 FEET TO THE SOUTHWEST CORNER OF SECTION

19         13-12-3O; THENCE N01°13'03"W ALONG THE WEST

20         LINE 0F SAID SECTION 13-12-30 FOR A DISTANCE OF

21         5279.10 FEET TO THE SOUTHWEST CORNER OF SECTION

22         12-12-30; THENCE N00°10'59"W ALONG THE WEST

23         LINE OF SAID SECTION 12-12-30 FOR A DISTANCE OF

24         1345.69 FEET; THENCE N89°01'42"E, 3798.28 FEET;

25         THENCE N01°14'25"W, 654.99 FEET TO THE SOUTH

26         RIGHT OF WAY LINE OF OLD MOODY BOULEVARD (A

27         50.00 FOOT RIGHT OF WAY): THENCE N89°16'07"E

28         ALONG SAID SOUTH RIGHT OF WAY LINE FOR A

29         DISTANCE OF 1260.84 FEET TO THE EAST LINE OF

30         SAID SECTION 12-12-30; THENCE NORTH ALONG THE

31         EAST LINE OF SAID SECTION 12 FOR A DISTANCE OF


                                  31

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         910 +/- FEET TO THE NORTH RIGHT OF WAY LINE OF

  2         S.R. 100 (A 200 FOOT RIGHT OF WAY); THENCE

  3         N01°08'37"W CONTINUING ALONG THE EAST LINE OF

  4         SAID SECTION 12, BEING ALSO ALONG THE WEST LINE

  5         OF BLOCK 41, PALM COAST SECTION 34 AS PER MAP

  6         BOOK 11, PAGE 30 FOR A DISTANCE OF 1122.56 FEET

  7         TO THE NORTHWEST CORNER OF LOT 26, BLOCK 41 OF

  8         SAID PALM COAST SECTION 34; THENCE S88°37'21"W

  9         ALONG THE SOUTH LINE OF SAID PALM COAST SECTION

10         34 FOR A DISTANCE OF 5009.29 FEET TO A POINT ON

11         THE WEST LINE OF GOVERNMENT SECTION 12-12-30;

12         THENCE N00°22'11"W ALONG THE WEST LINE OF SAID

13         GOVERNMENT SECTION 12-12-30 FOR A DISTANCE OF

14         1304.11 FEET TO THE SOUTHEAST CORNER OF

15         GOVERNMENT SECTION 2-12-30; THENCE S88°49'25"W

16         ALONG THE SOUTH LINE OF SAID GOVERNMENT SECTION

17         2-12-30 FOR A DISTANCE OF 2597.58 FEET; THENCE

18         N00°43'21"W, 5128.21 FEET TO THE SOUTH RIGHT OF

19         WAY LINE OF THE F.E.C. RAILROAD LEHIGH SPUR;

20         THENCE S89°15'49"W ALONG SAID SOUTH RIGHT OF

21         WAY LINE OF THE LEHIGH RAILROAD SPUR FOR A

22         DISTANCE OF 5,400 +/- FEET TO THE EAST RIGHT OF

23         WAY LINE OF U.S. HIGHWAY NO. 1; THENCE

24         NORTHERLY ALONG SAID EAST RIGHT OF WAY OF U.S.

25         HIGHWAY NO. 1 FOR A DISTANCE OF 10,500 +/- FEET

26         TO THE SOUTH LINE OF SECTION 22-11-30; THENCE

27         DEPART SAID, EASTERLY RIGHT OF WAY LINE OF U.S.

28         HIGHWAY NO. 1 AND RUN EAST 2,000 +/- FEET TO

29         THE EAST LINE OF SAID SECTION 22-11-30; THENCE

30         NORTH ALONG THE EAST LINE OF SAID SECTION

31         22-11-30 FOR A DISTANCE OF 2640 +/- FEET TO THE


                                  32

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         EAST  1/4  CORNER OF SAID SECTION 22-11-30;

  2         THENCE WEST ALONG THE NORTH LINE OF THE S.W.

  3         1/4  OF SAID SECTION 22-11-30 FOR A DISTANCE OF

  4         1,800 +/- FEET TO THE EAST RIGHT OF WAY LINE OF

  5         U.S. HIGHWAY NO. 1; THENCE NORTH ALONG THE EAST

  6         RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 FOR A

  7         DISTANCE OF 500 +/- FEET TO THE SOUTH LINE OF

  8         THE U.S. FORESTRY SERVICE FIRE TOWER SITE;

  9         THENCE EAST, NORTH, AND WEST AROUND THE

10         BOUNDARY OF SAID TOWER SITE FOR A DISTANCE OF

11         1,500 FEET RETURNING TO THE EAST RIGHT OF WAY

12         LINE OF U.S. HIGHWAY NO. 1; THENCE NORTHERLY

13         ALONG SAID EAST RIGHT OF WAY LINE FOR A

14         DISTANCE OF 1,500 +/- FEET TO A POINT ON THE

15         SOUTH LINE OF SECTION 15-11-30; THENCE

16         S88°59'44"W ALONG THE SOUTH LINE OF SECTION

17         15-11-30 FOR A DISTANCE OF 826.26 FEET; THENCE

18         N22°39'29"W 781.49 FEET; THENCE N15°23'55"W

19         2257.66 FEET; THENCE S84°38'19"W, 3811.48 FEET

20         TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF

21         THE F.E.C. RAILROAD IN SECTION 16-11-30 (A

22         150.00 FOOT RIGHT OF WAY AT THIS POINT); THENCE

23         N09°09'56"W ALONG SAID EASTERLY RIGHT OF WAY

24         LINE FOR A DISTANCE OF 2454.51 FEET; THENCE

25         N67°38'10"E, 3286.25 FEET; THENCE N19°01'15"W,

26         1352.46 FEET; THENCE N67°12'21"E, 6840.80 FEET

27         TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF

28         BELLE TERRE PARKWAY IN SECTION 2-11-30 AS SHOWN

29         ON MAP OF PALM COAST SECTION 12 AS RECORDED IN

30         MAP BOOK 6, PAGE 73; THENCE NORTHERLY ALONG

31         SAID WESTERLY RIGHT OF WAY LINE OF BELLE TERRE


                                  33

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         PARKWAY FOR A DISTANCE OF 13,500 +/- FEET TO

  2         THE SOUTHERLY RIGHT OF WAY OF MATANZAS WOODS

  3         PARKWAY (FORMERLY NORMAN YOUNG PARKWAY) AS

  4         SHOWN ON MAP OF PALM COAST SECTION 37 AS

  5         RECORDED IN MAP BOOK 13, PAGE 1; THENCE DEPART

  6         THE WESTERLY RIGHT OF WAY OF BELLE TERRE

  7         PARKWAY AND RUN WESTERLY ALONG SAID SOUTHERLY

  8         RIGHT OF WAY LINE OF SAID MATANZAS WOODS

  9         PARKWAY FOR A DISTANCE OF 6,000 +/- FEET TO THE

10         EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO.

11         1; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT

12         OF WAY LINE FOR A DISTANCE OF 2,000 +/- FEET TO

13         A POINT ON THE SOUTH LINE OF SECTION 28-10-30;

14         THENCE DEPART SAID WESTERLY RIGHT OF WAY LINE

15         OF U.S. HIGHWAY NO. 1 AND RUN S89°01'24"W ALONG

16         THE SOUTH LINE OF SAID SECTION 28 FOR A

17         DISTANCE OF 150 +/- FEET TO A POINT ON THE WEST

18         RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE

19         S89°01'24"W CONTINUING ALONG THE SOUTH LINE OF

20         SAID SECTION 28 FOR A DISTANCE OF 51.34 FEET;

21         THENCE S89°01'29"W, 499.49 FEET; THENCE

22         N86°54'42"W, 166.65 FEET TO A POINT OF

23         CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE

24         TO THE LEFT HAVING A RADIUS OF 595.00 FEET, A

25         CENTRAL ANGLE OF 12°15'15", AND AN ARC LENGTH

26         OF 116.56 FEET TO A POINT OF TANGENCY; THENCE

27         S80°50'04"W, 200.00 FEET TO A POINT OF

28         CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE

29         TO THE LEFT HAVING A RADIUS OF 1000.00 FEET, A

30         CENTRAL ANGLE OF 11°55'21", AND AN ARC LENGTH

31         OF 208.09 FEET TO A POINT OF TANGENCY; THENCE


                                  34

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         N09°09'56"W, 2191.00 FEET; THENCE S80°50'04"W,

  2         1505.00 FEET; THENCE N09°09'56"W, 1821.28 FEET;

  3         THENCE N80°50'47"E, 130.00 FEET; THENCE

  4         N09°09'13"W, 55.00 FEET; THENCE N80°50'47"E,

  5         1070.48 FEET; THENCE N55°50'47"E, 898.31 FEET;

  6         THENCE S24°09'13"E, 267.00 FEET; THENCE

  7         N65°50'07"E, 530.00 FEET TO A POINT OF

  8         CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE

  9         T0 THE RIGHT HAVING A RADIUS OF 50.00 FEET, A

10         CENTRAL ANGLE OF 90°00'00", AND AN ARC LENGTH

11         OF 78.54 FEET TO A POINT OF TANGENCY; THENCE

12         S24°09'13"E, 667.23 FEET TO A POINT OF

13         CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO

14         THE RIGHT HAVING A RADIUS OF 150.00 FEET, A

15         CENTRAL ANGLE OF 34°08'48", AND AN ARC LENGTH

16         OF 89.39 FEET TO A POINT OF TANGENCY; THENCE

17         S09°59'31"W, 217.89 FEET; THENCE S80°00'29"E,

18         475.00 FEET TO A POINT ON THE EASTERLY RIGHT OF

19         WAY OF U.S. HIGHWAY NO. 1; THENCE NORTHERLY

20         ALONG THE EASTERLY RIGHT OF WAY LINE OF U.S.

21         HIGHWAY N0. 1 FOR A DISTANCE OF 4,500 +/- FEET

22         TO NORTHERLY LINE OF PARCEL "C," PALM COAST,

23         SECTION 37 (AS RECORDED IN MAP BOOK 13, PAGE

24         27); THENCE DEPART SAID EASTERLY RIGHT OF WAY

25         OF U.S. HIGHWAY NO. 1 AND RUN N89°26'28"E ALONG

26         THE NORTH LINE OF SAID PALM COAST SECTION 37

27         FOR A DISTANCE OF 1678.73 FEET; THENCE DEPART

28         SAID NORTH LINE OF PALM COAST SECTION 37 AND

29         RUN N00°29'04"W, 1170.00 FEET; THENCE

30         N61°12'56"E, 775.00 FEET; THENCE N81°42'56"E,

31         343.00 FEET; THENCE N43°24'56"E, 565.00 FEET;


                                  35

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         THENCE N85°54'56"E, 570.00 FEET; THENCE

  2         S59°53'04"E 811.20 FEET; THENCE N29°30'56"E,

  3         299.32 FEET; THENCE S60°29'04"E, 932.59 FEET;

  4         THENCE N64°44'58"E, 1010.19 FEET TO A POINT ON

  5         THE WESTERLY RIGHT OF WAY OF I-95 ALSO BEING

  6         THE NORTHEASTERLY MOST CORNER OF SAID PALM

  7         COAST SECTION 37 AND BEING THE POINT OF

  8         BEGINNING OF THIS DESCRIPTION, CONTAINING

  9         32,051 ACRES, MORE OR LESS.

10

11         (2)  DISTRICT BOUNDARIES.--There shall be four

12  districts. The districts shall be based upon the principle of

13  equal and effective representation as required by the United

14  States Constitution.  Each district shall be formed of

15  compact, contiguous territory, with boundary lines following

16  the centerlines of natural and man-made separations, such as

17  canals, streets, etc., where possible.  The initial district

18  boundaries are as hereinafter described.  Thereafter, the

19  district boundaries shall be revised every 10 years based upon

20  population figures following the release of census tract data

21  in accordance with section 11(4) and, when accepted in

22  accordance with section 11(4), shall be considered to be an

23  amendment to this charter.

24

25         DISTRICT 1, CITY OF PALM COAST

26

27         FROM A POINT OF BEGINNING BEING THE

28         NORTHEASTERLY MOST CORNER OF PALM COAST SECTION

29         37 AS RECORDED IN MAP BOOK 13, PAGE 27 AND

30         BEING A POINT ON THE WEST RIGHT OF WAY LINE OF

31         INTERSTATE 95; THENCE SOUTH ALONG THE WEST


                                  36

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 95 FOR

  2         A DISTANCE OF 21,000 +/- FEET TO ITS

  3         INTERSECTION WITH THE NORTH LINE OF BELLE TERRE

  4         SECTION 17 SUBDIVISION AS RECORDED IN MAP BOOK

  5         7, PAGES 12-16; THENCE WESTERLY AND SOUTHERLY

  6         ALONG THE NORTH AND WEST BOUNDARY OF SAID BELLE

  7         TERRE SECTION 17 SUBDIVISION FOR A DISTANCE OF

  8         6,400 +/- FEET TO THE NORTHWEST CORNER OF

  9         RESERVED PARCEL A IN SAID BELLE TERRE SECTION

10         17 SUBDIVISION; THENCE EASTERLY ALONG THE NORTH

11         LINE OF SAID RESERVED PARCEL A FOR A DISTANCE

12         OF 400 +/- FEET TO THE CENTERLINE OF BOULDER

13         ROCK DRIVE; THENCE SOUTH ALONG THE CENTERLINE

14         OF BOULDER ROCK DRIVE FOR A DISTANCE OF 1,200

15         +/- FEET TO THE CENTERLINE OF PALM COAST

16         PARKWAY WESTBOUND; THENCE WEST ALONG THE

17         CENTERLINE OF PALM COAST PARKWAY WESTBOUND FOR

18         A DISTANCE OF 3,500 +/- FEET TO THE CENTERLINE

19         OF BELLE TERRE PARKWAY; THENCE SOUTH ALONG THE

20         CENTERLINE OF BELLE TERRE PARKWAY FOR A

21         DISTANCE OF 1,500 +/- FEET TO A POINT OPPOSITE

22         THE NORTHWEST CORNER OF RESERVED PARCEL "A,"

23         ARLINGTON SUBDIVISION AS RECORDED IN MAP BOOK

24         30, PAGES 9-11; THENCE SOUTHWESTERLY ALONG THE

25         WESTERLY BOUNDARY OF SAID RESERVED PARCEL "A"

26         AND THE EXTENSION THEREOF FOR A DISTANCE OF

27         1,600 +/- FEET TO THE CENTERLINE OF WELLINGTON

28         DRIVE; THENCE EASTERLY ALONG THE CENTERLINE OF

29         WELLINGTON DRIVE FOR A DISTANCE OF 1,200 +/-

30         FEET TO THE CENTERLINE OF PINE LAKES PARKWAY;

31         THENCE SOUTHERLY ALONG THE CENTERLINE OF PINE


                                  37

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         LAKES PARKWAY FOR A DISTANCE OF 4,200 +/- FEET

  2         TO ITS INTERSECTION WITH THE CENTERLINE OF WEST

  3         HAMPTON DRIVE, THENCE SOUTHWESTERLY ALONG THE

  4         CENTERLINE OF WEST HAMPTON DRIVE FOR A DISTANCE

  5         OF 1,600 +/- FEET TO A POINT OPPOSITE THE

  6         WESTERLY CORNER OF ARLINGTON SUBDIVISION AS

  7         RECORDED IN MAP BOOK 30, PAGES 9-11; THENCE

  8         SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF

  9         ARLINGTON SUBDIVISION FOR A DISTANCE OF 1,400

10         +/- FEET TO THE CENTERLINE OF PINE LAKES

11         PARKWAY; THENCE WESTERLY AND NORTHERLY ALONG

12         THE CENTERLINE OF PINE LAKES PARKWAY FOR A

13         DISTANCE OF 18,900 +/- FEET TO ITS NORTHERLY

14         INTERSECTION WITH SAID BELLE TERRE PARKWAY;

15         THENCE NORTH ALONG THE CENTERLINE OF BELLE

16         TERRE PARKWAY FOR A DISTANCE OF 13,500 +/- FEET

17         TO ITS INTERSECTION WITH THE CENTERLINE OF

18         MATANZAS WOODS PARKWAY (FORMERLY NORMAN YOUNG

19         PARKWAY); THENCE WEST ALONG THE CENTERLINE OF

20         SAID MATANZAS WOOD PARKWAY FOR A DISTANCE OF

21         6,000 +/- FEET TO THE EAST RIGHT OF WAY LINE OF

22         U.S. HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID

23         EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF

24         2,000 +/- FEET TO A POINT ON THE SOUTH LINE OF

25         SECTION 28-10-30; THENCE DEPART SAID WESTERLY

26         RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1 AND RUN

27         S89°01'24"W ALONG THE SOUTH LINE OF SAID

28         SECTION 28 FOR A DISTANCE OF 150 +/- FEET TO A

29         POINT ON THE WEST RIGHT OF WAY LINE OF U.S.

30         HIGHWAY NO. 1; THENCE S89°01'24"W CONTINUING

31         ALONG THE SOUTH LINE OF SAID SECTION 28 FOR A


                                  38

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         DISTANCE OF 51.34 FEET; THENCE S89°01'29"W,

  2         499.49 FEET; THENCE N86°54'42"W, 166.65 FEET TO

  3         A POINT OF CURVATURE; THENCE NORTHWESTERLY

  4         ALONG A CURVE TO THE LEFT HAVING A RADIUS OF

  5         595.00 FEET, A CENTRAL ANGLE OF 12°15'15" AND

  6         AN ARC LENGTH OF 116.56 FEET TO A POINT OF

  7         TANGENCY; THENCE S80°50'04"W, 200.00 FEET TO A

  8         POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG

  9         A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00

10         FEET, A CENTRAL ANGLE OF 11°55'21", AND AN ARC

11         LENGTH OF 208.09 FEET TO A POINT OF TANGENCY;

12         THENCE N09°09'56"W, 2191.00 FEET; THENCE

13         S80°50'04"W, 1505.00 FEET; THENCE N09°09'56"W,

14         1821.28 FEET; THENCE N80°50'47"E, 130.00 FEET;

15         THENCE N09°09'13"W, 55.00 FEET; THENCE

16         N80°50'47"E, 1070.48 FEET; THENCE N55°50'47"E,

17         898.31 FEET; THENCE S24°09'13"E, 267.00 FEET;

18         THENCE N65°50'07"E, 530.00 FEET TO A POINT OF

19         CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE

20         TO THE RIGHT HAVING A RADIUS OF 50.00 FEET, A

21         CENTRAL ANGLE OF 90°00'00", AND AN ARC LENGTH

22         OF 78.54 FEET TO A POINT OF TANGENCY; THENCE

23         S24°09'13"E, 667.23 FEET TO A POINT OF

24         CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO

25         THE RIGHT HAVING A RADIUS OF 150.00 FEET, A

26         CENTRAL ANGLE OF 34°08'48", AND AN ARC LENGTH

27         OF 89.39 FEET TO A POINT OF TANGENCY; THENCE

28         S09°59'31"W, 217.89 FEET; THENCE S80°00'29"E,

29         475.00 FEET TO A POINT ON THE EASTERLY RIGHT OF

30         WAY OF U.S. HIGHWAY NO. 1; THENCE NORTHERLY

31         ALONG THE EASTERLY RIGHT OF WAY LINE OF U.S.


                                  39

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         HIGHWAY NO. 1 FOR A DISTANCE OF 4,500 +/- FEET

  2         TO NORTHERLY LINE OF PARCEL "C," PALM COAST,

  3         SECTION 37 (AS RECORDED IN MAP BOOK 13, PAGE

  4         27); THENCE DEPART SAID EASTERLY RIGHT OF WAY

  5         OF U.S. HIGHWAY NO. 1 AND RUN N89°26'28"E ALONG

  6         THE NORTH LINE OF SAID PALM COAST SECTION 37

  7         FOR A DISTANCE OF 1678.73 FEET; THENCE DEPART

  8         SAID NORTH LINE OF PALM COAST SECTION 37 AND

  9         RUN N00°29'04"W, 1170.00 FEET; THENCE

10         N61°12'56"E, 775.00 FEET; THENCE N81°42'56"E,

11         343.00 FEET; THENCE N43°24'56"E, 565.00 FEET;

12         THENCE N85°54'56"E, 570.00 FEET; THENCE

13         S59°53'04"E 811.20 FEET; THENCE N29°30'56"E,

14         299.32 FEET; THENCE S60°29'04"E, 932.59 FEET;

15         THENCE N64°44'58"E, 1010.19 FEET TO A POINT ON

16         THE WESTERLY RIGHT OF WAY OF I-95 ALSO BEING

17         THE NORTHEASTERLY MOST CORNER OF SAID PALM

18         COAST SECTION 37 AND BEING THE POINT OF

19         BEGINNING OF THIS DESCRIPTION.

20

21         DISTRICT 2, CITY OF PALM COAST

22

23         FROM A POINT OF REFERENCE BEING THE

24         NORTHEASTERLY MOST CORNER OF PALM COAST SECTION

25         37 AS RECORDED IN MAP BOOK 13, PAGE 27 AND

26         BEING A POINT ON THE WEST RIGHT OF WAY LINE OF

27         INTERSTATE 95; THENCE S25°15'02"E ALONG SAID

28         WESTERLY RIGHT OF WAY LINE OF INTERSTATE 95 FOR

29         A DISTANCE OF 5870.95 FEET TO A POINT IN

30         SECTION 26-10-30, SAID POINT BEING THE POINT OF

31         BEGINNING OF THIS DESCRIPTION: THENCE DEPART


                                  40

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         SAID WEST RIGHT OF WAY LINE OF INTERSTATE 95

  2         AND RUN N64°44'58"E, 465.78 FEET TO THE

  3         SOUTHEAST CORNER OF LOT 1, BLOCK 39 OF VACATED

  4         PALM COAST SECTION 42 BEING A POINT ON THE WEST

  5         RIGHT OF WAY LINE OF NEW RANCH PLACE AS SHOWN

  6         ON SAID VACATED PLAT OF PALM COAST SECTION 42;

  7         THENCE ALONG THE FOLLOWING COURSES AND

  8         DISTANCES IN SAID VACATED PALM COAST SECTION

  9         42: ALONG A CURVE TO THE RIGHT HAVING A RADIUS

10         OF 100.00 FEET, A CENTRAL ANGLE OF 30°35'38",

11         AN ARC LENGTH OF 53.40 FEET, AND A CHORD

12         BEARING N02°47'11"W TO A POINT ON A CURVE;

13         THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT

14         HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE

15         OF 37°45'41", AN ARC LENGTH OF 65.91 FEET, AND

16         A CHORD BEARING N44°07'52"W TO A POINT; THENCE

17         N64°44'58"E, 50.00 FEET TO A POINT ON A CURVE;

18         THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT

19         HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE

20         OF 90°00'00", AN ARC LENGTH OF 78.54 FEET, AND

21         A CHORD BEARING S70°15'02"E TO A POINT OF

22         TANGENCY; THENCE N64°44'58"E, 930.00 FEET;

23         THENCE S25°15'02"E, 827.47 FEET; THENCE

24         N64°44'58"E, 800.00 FEET TO A POINT OF

25         CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE

26         TO THE LEFT HAVING A RADIUS OF 100.00 FEET, A

27         CENTRAL ANGLE OF 90°00'00", AND AN ARC LENGTH

28         OF 157.08 FEET TO THE POINT OF TANGENCY; THENCE

29         N25°15'02"W, 370.00 FEET; THENCE N64°44'58"E,

30         125.00 FEET; THENCE S79°22'56"E, 93.60 FEET TO

31         A POINT OF CURVATURE; THENCE NORTHEASTERLY


                                  41

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         ALONG A CURVE TO THE LEFT HAVING A RADIUS OF

  2         165.00 FEET, A CENTRAL ANGLE OF 134°56'40", AND

  3         AN ARC LENGTH OF 388.61 FEET TO A POINT OF

  4         TANGENCY; THENCE N58°22'07"E, 100.00 FEET;

  5         THENCE S31°37'53"E, 1627.40 FEET; THENCE

  6         S00°34'22"W, 1187.69 FEET; THENCE S89°25'38"E,

  7         164.76 FEET TO A POINT OF CURVATURE; THENCE

  8         NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING

  9         A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF

10         90°00'00", AND AN ARC LENGTH OF 353.43 FEET TO

11         A POINT OF TANGENCY; THENCE N64°44'58"E,

12         1207.98 FEET TO A POINT OF CURVATURE; THENCE

13         SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING

14         A RADIUS OF 275.00 FEET, A CENTRAL ANGLE OF

15         83°37'09", AND AN ARC LENGTH OF 401.34 FEET TO

16         A POINT OF TANGENCY; THENCE N58°22'07"E 200.00

17         FEET TO A POINT ON THE EASTERLY RIGHT OF WAY

18         LINE OF THE 200.00 FOOT FLORIDA POWER & LIGHT

19         EASEMENT LYING IN GOVERNMENT SECTION 25-10-30;

20         THENCE S31°37'53"E ALONG THE EASTERLY RIGHT OF

21         WAY LINE OF SAID FLORIDA POWER & LIGHT EASEMENT

22         FOR A DISTANCE OF 1009.92 FEET TO A POINT ON

23         THE NORTH RIGHT OF WAY LINE OF NORMAN YOUNG

24         PARKWAY AS SHOWN ON THE PLAT OF VACATED PALM

25         COAST SECTION 89 (MAP BOOK 25, PAGE 52); THENCE

26         NORTHEASTERLY ALONG SAID NORTH RIGHT OF WAY

27         LINE OF NORMAN YOUNG PARKWAY BEING ALONG A

28         CURVE TO THE RIGHT HAVING A RADIUS OF 10,000.00

29         FEET, A CENTRAL ANGLE OF 04°00'35", AN ARC

30         LENGTH OF 699.84 FEET, AND A CHORD BEARING

31         N67°30'29"E TO A POINT OF TANGENCY; THENCE


                                  42

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         N69°30'47"E CONTINUING ALONG SAID RIGHT OF WAY

  2         LINE OF NORMAN YOUNG PARKWAY FOR A DISTANCE OF

  3         1072.23 FEET TO A POINT OF CURVATURE; THENCE

  4         SOUTHEASTERLY CONTINUING ALONG SAID RIGHT OF

  5         WAY LINE OF NORMAN YOUNG PARKWAY BEING ALONG A

  6         CURVE TO THE RIGHT HAVING A RADIUS OF 599.00

  7         FEET, A CENTRAL ANGLE OF 90°00'00", AND AN ARC

  8         OF 940.91 FEET TO A POINT OF TANGENCY; THENCE

  9         S20°29'13"E CONTINUING ALONG SAID RIGHT OF WAY

10         LINE OF NORMAN YOUNG PARKWAY FOR A DISTANCE OF

11         1810.00 FEET TO THE NORTHEAST CORNER OF PALM

12         COAST SECTION 10 AS RECORDED IN MAP BOOK 6,

13         PAGE 43; THENCE S20°19'13"E CONTINUING ALONG

14         SAID RIGHT OF WAY LINE OF NORMAN YOUNG PARKWAY

15         FOR A DISTANCE OF 547.21 FEET TO ITS

16         INTERSECTION WITH THE NORTHERLY RIGHT OF WAY

17         LINE OF CRIS LANE (A 50.00 FOOT RIGHT OF WAY AS

18         SHOWN ON THE MAP OF COUNTRY CLUB COVE AT PALM

19         COAST, SECTION 16, MAP BOOK 6, PAGE 86); THENCE

20         N69°30'47"E ALONG SAID NORTHERLY RIGHT OF WAY

21         LINE OF CRIS LANE FOR A DISTANCE OF 960.00

22         FEET; THENCE S20°29'13"E, 55.00 FEET TO THE

23         NORTHWEST CORNER OF LOT 1, BLOCK 12 OF SAID

24         SECTION 16, PALM COAST; THENCE N69°30'47"E

25         ALONG THE NORTHERLY LINE OF SAID LOT 1 FOR A

26         DISTANCE OF 125.00 FEET TO A POINT ON THE

27         WESTERLY RIGHT OF WAY OF CURRY WATERWAY (A

28         125.00 FOOT RIGHT OF WAY IN SAID PALM COAST

29         SECTION 16); THENCE N20°29'13"W ALONG SAID

30         CURRY WATERWAY RIGHT OF WAY LINE A DISTANCE OF

31         80.00 FEET; THENCE N69°30'47"E, 250.00 FEET TO


                                  43

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         A POINT ON THE WESTERLY RIGHT OF WAY LINE OF

  2         COVINGTON LANE (A 50.00 FOOT RIGHT OF WAY IN

  3         SAID PALM COAST SECTION 16), SAID POINT BEING

  4         THE NORTHEAST CORNER OF LOT 113, BLOCK 10 OF

  5         SAID PALM COAST SECTION 16; THENCE N20°29'13"W

  6         ALONG THE WESTERLY RIGHT OF WAY OF COVINGTON

  7         LANE FOR A DISTANCE OF 20.00 FEET; THENCE

  8         N69°30'47"E, 409.49 FEET TO THE NORTHERLY MOST

  9         CORNER OF LOT 50, BLOCK 11 OF SAID PALM COAST

10         SECTION 16; THENCE N72°34'30"E, 1996.35 FEET TO

11         THE NORTHWEST CORNER OF COUNTRY CLUB COVE,

12         SECTION 15 AT PALM COAST, (AS RECORDED IN MAP

13         BOOK 6, PAGE 71 OF THE PUBLIC RECORDS OF

14         FLAGLER COUNTY, FLORIDA); THENCE N25°53'57"E,

15         940.00 FEET TO THE MOST NORTHERLY CORNER OF

16         SAID PALM COAST, SECTION 15; THENCE S64°06'03"E

17         ALONG THE NORTHERLY BOUNDARY OF SAID PALM COAST

18         SECTION 15 FOR A DISTANCE OF 1505.47 FEET;

19         THENCE N70°53'57"E ALONG THE NORTH BOUNDARY OF

20         SAID PALM COAST SECTION 15 AND A CONTINUATION

21         THEREOF FOR A DISTANCE OF 1732.56 FEET TO A

22         POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE

23         INTRACOASTAL WATERWAY; THENCE SOUTH ALONG THE

24         WEST RIGHT OF WAY LINE OF THE INTRACOASTAL

25         WATERWAY FOR A DISTANCE OF 8,000 +/- FEET TO

26         ITS INTERSECTION WITH THE SOUTH LINE OF

27         TOWNSHIP 10 SOUTH, RANGE 31 EAST; THENCE WEST

28         ALONG SAID TOWNSHIP LINE FOR A DISTANCE OF

29         1,300 +/- FEET TO THE CENTERLINE OF PALM HARBOR

30         PARKWAY; THENCE NORTHERLY AND WESTERLY ALONG

31         THE CENTERLINE OF SAID PALM HARBOR PARKWAY FOR


                                  44

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         A DISTANCE OF 6,000 +/- FEET TO ITS

  2         INTERSECTION WITH THE CENTERLINE OF COUNTRY

  3         CLUB WATERWAY AS SHOWN ON THE SUBDIVISION MAP

  4         OF COUNTRY CLUB COVE SECTION 4 SUBDIVISION AS

  5         RECORDED IN MAP BOOK 6, PAGES 9-13; THENCE

  6         SOUTH ALONG THE CENTERLINE OF SAID COUNTRY CLUB

  7         WATERWAY FOR A DISTANCE OF 4,800 +/- FEET TO

  8         THE CENTERLINE OF FERGUSON COVE AS SHOWN ON THE

  9         SUBDIVISION MAP OF FLORIDA PARK SECTION 2

10         SUBDIVISION AS RECORDED IN MAP BOOK 6, PAGES

11         1-3; THENCE WEST ALONG THE CENTERLINE OF SAID

12         FERGUSON COVE FOR A DISTANCE OF 650 +/- FEET TO

13         THE WEST END OF FERGUSON COVE BEING A POINT ON

14         THE WEST BOUNDARY OF SAID FLORIDA PARK SECTION

15         2 SUBDIVISION; THENCE SOUTH AND WEST ALONG THE

16         BOUNDARY OF SAID FLORIDA PARK SECTION 2

17         SUBDIVISION FOR A DISTANCE OF 450 +/- FEET TO

18         THE CENTERLINE OF FLORIDA PARK DRIVE; THENCE

19         SOUTH ALONG THE CENTERLINE OF FLORIDA PARK

20         DRIVE FOR A DISTANCE OF 3,000 +/- FEET TO THE

21         CENTERLINE OF PALM COAST PARKWAY WESTBOUND;

22         THENCE WEST ALONG THE CENTERLINE OF PALM COAST

23         PARKWAY WESTBOUND FOR A DISTANCE OF 6,000 +/-

24         FEET TO THE CENTERLINE OF BOULDER ROCK DRIVE;

25         THENCE NORTH ALONG THE CENTERLINE OF BOULDER

26         ROCK DRIVE FOR A DISTANCE OF 600 +/- FEET TO

27         THE EASTERLY EXTENSION OF THE NORTH LINE OF

28         RESERVED PARCEL A IN BELLE TERRE SECTION 17

29         SUBDIVISION AS RECORDED IN MAP BOOK 7, PAGES

30         12-16; THENCE WESTERLY ALONG THE NORTH LINE OF

31         SAID RESERVED PARCEL A TO THE WEST LINE OF SAID


                                  45

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         BELLE TERRE SECTION 17 SUBDIVISION; THENCE

  2         NORTH AND EAST ALONG THE WEST BOUNDARY OF SAID

  3         BELLE TERRE SECTION 17 SUBDIVISION FOR A

  4         DISTANCE OF 6,400 +/- FEET TO THE WEST RIGHT OF

  5         WAY LINE OF INTERSTATE 95; THENCE NORTH ALONG

  6         THE WEST RIGHT OF WAY LINE OF INTERSTATE 95 FOR

  7         A DISTANCE OF 15,000 +/- FEET TO THE POINT OF

  8         BEGINNING OF THIS DESCRIPTION.

  9

10         DISTRICT 3, CITY OF PALM COAST

11

12         FROM A POINT OF BEGINNING BEING THE

13         INTERSECTION OF THE WEST RIGHT OF WAY LINE OF

14         THE INTRACOASTAL WATERWAY WITH THE SOUTH LINE

15         OF TOWNSHIP 10 SOUTH, RANGE 31 EAST; THENCE

16         SOUTH ALONG THE WEST RIGHT OF WAY LINE OF THE

17         INTRACOASTAL WATERWAY FOR A DISTANCE OF 18,000

18         +/- FEET TO THE NORTH LINE OF RESERVED PARCEL

19         A, WATERWAY TRACE SUBDIVISION AS RECORDED IN

20         MAP BOOK 30, PAGES 33-35; THENCE EASTERLY ALONG

21         THE NORTH LINE OF SAID RESERVED PARCEL A TO THE

22         EAST LINE OF SAID WATERWAY TRACE SUBDIVISION

23         BEING THE WEST MEAN HIGH WATER LINE OF THE

24         INTRACOASTAL WATERWAY CANAL; THENCE SOUTHERLY

25         ALONG SAID EAST LINE OF SAID WATERWAY TRACE

26         SUBDIVISION BEING ALONG THE WEST MEAN HIGH

27         WATER LINE OF THE INTRACOASTAL WATERWAY TO THE

28         SOUTHEAST CORNER OF SAID WATERWAY TRACE

29         SUBDIVISION; THENCE WEST ALONG THE SOUTH LINE

30         OF SAID WATERWAY TRACE SUBDIVISION TO THE WEST

31         RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY;


                                  46

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         THENCE SOUTHERLY ALONG THE WEST RIGHT OF WAY

  2         LINE OF THE INTRACOASTAL WATERWAY FOR A

  3         DISTANCE OF 3,600 +/- FEET TO THE NORTHWESTERLY

  4         CORNER OF FLAGLER COUNTY'S "NORTH ICWW PARK" AS

  5         DESCRIBED IN OFFICIAL RECORDS BOOK 455, PAGE

  6         778 AND OFFICIAL RECORDS BOOK 571, PAGE 1946;

  7         THENCE SOUTHERLY AROUND THE WESTERLY,

  8         SOUTHERLY, AND EASTERLY BOUNDARIES OF SAID

  9         "NORTH ICWW PARK" TO THE WEST RIGHT OF WAY LINE

10         OF THE INTRACOASTAL WATERWAY; THENCE SOUTH

11         ALONG THE WEST RIGHT OF WAY LINE OF THE

12         INTRACOASTAL WATERWAY FOR A DISTANCE OF 3,500

13         +/- FEET TO THE NORTH LINE OF FRONT STREET AT

14         GRAND HAVEN PHASE 1 SUBDIVISION AS RECORDED IN

15         MAP BOOK 30, PAGES 87-88; THENCE EAST ALONG THE

16         NORTH LINE OF SAID FRONT STREET PHASE 1

17         SUBDIVISION TO THE WEST MEAN HIGH WATER LINE OF

18         THE INTRACOASTAL WATERWAY CANAL; THENCE SOUTH

19         ALONG THE EAST LINE OF SAID FRONT STREET PHASE

20         1 SUBDIVISION AND ALONG THE EAST LINE OF FRONT

21         STREET PHASE 2 SUBDIVISION AS RECORDED IN MAP

22         BOOK 30, PAGES 96-97, AND ALONG THE EAST LINE

23         OF FRONT STREET PHASE 3 SUBDIVISION AS RECORDED

24         IN MAP BOOK 31, PAGES 4-5 BEING ALSO ALONG THE

25         WEST MEAN HIGH WATER LINE OF THE INTRACOASTAL

26         WATERWAY CANAL FOR A DISTANCE OF 3,000 +/- FEET

27         TO THE SOUTH LINE OF SAID FRONT STREET PHASE 3

28         SUBDIVISION; THENCE WEST ALONG THE SOUTH LINE

29         OF SAID FRONT STREET PHASE 3 SUBDIVISION TO THE

30         WEST RIGHT OF WAY LINE OF THE INTRACOASTAL

31         WATERWAY; THENCE SOUTH ALONG THE WEST RIGHT OF


                                  47

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         WAY LINE OF THE INTRACOASTAL WATERWAY FOR A

  2         DISTANCE OF 7,500 +/- FEET TO THE NORTH LINE OF

  3         FLAGLER COUNTY'S "SOUTH ICWW PARK" AS DESCRIBED

  4         IN OFFICIAL RECORDS BOOK 455, PAGE 769; THENCE

  5         SOUTHERLY AROUND THE NORTHERLY AND WESTERLY

  6         BOUNDARIES OF SAID "SOUTH ICWW PARK" TO THE

  7         NORTH RIGHT OF WAY LINE OF SOUTH PARK ROAD AS

  8         DESCRIBED IN OFFICIAL RECORDS BOOK 581, PAGE

  9         1512; THENCE SOUTHERLY AND WESTERLY ALONG THE

10         NORTH RIGHT OF WAY LINE OF SOUTH PARK ROAD AND

11         THE EXTENSION THEREOF, CROSSING COLBERT LANE TO

12         THE EAST BOUNDARY OF THE GRAND HAVEN

13         CONSERVATION AREA (GRAHAM SWAMP) CONVEYED TO

14         THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT;

15         THENCE NORTH ALONG SAID EAST BOUNDARY OF GRAHAM

16         SWAMP FOR A DISTANCE OF 15,000 +/- FEET TO THE

17         NORTHEAST CORNER THEREOF BEING A POINT ON THE

18         SOUTH SIDE OF A DRAINAGE DITCH LOCALLY KNOWN AS

19         DITCH 10; THENCE EAST ALONG THE SOUTH SIDE OF

20         DITCH 10 TO THE WEST RIGHT OF WAY LINE OF

21         COLBERT LANE; THENCE NORTH ALONG THE WEST RIGHT

22         OF WAY LINE OF COLBERT LANE FOR A DISTANCE OF

23         3,000 +/- FEET TO ITS INTERSECTION WITH THE

24         EAST LINE OF PALM COAST HOLDINGS' PARCEL NO.

25         533 AS DESCRIBED IN OFFICIAL RECORDS BOOK 553,

26         PAGE 1802; THENCE DEPARTING THE WEST RIGHT OF

27         WAY LINE OF COLBERT LANE AND RUN SOUTHERLY AND

28         WESTERLY ALONG THE BOUNDARY OF SAID PARCEL NO.

29         533 TO ITS INTERSECTION AGAIN WITH THE WEST

30         RIGHT OF WAY LINE OF COLBERT LANE; THENCE

31         NORTHWESTERLY ALONG THE WEST RIGHT OF WAY OF


                                  48

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         COLBERT LANE FOR A DISTANCE OF 600 +/- FEET TO

  2         ITS INTERSECTION WITH THE EAST LINE OF PALM

  3         COAST HOLDINGS' PARCEL NO. 505 AS DESCRIBED IN

  4         OFFICIAL RECORDS BOOK 553, PAGE 1781; THENCE

  5         DEPARTING THE WEST RIGHT OF WAY LINE OF COLBERT

  6         LANE AND RUN SOUTHERLY AND WESTERLY ALONG THE

  7         BOUNDARY OF SAID PARCEL NO. 505 TO THE

  8         SOUTHWEST CORNER THEREOF BEING A POINT ON THE

  9         EAST LINE OF GOVERNMENT SECTION 42, TOWNSHIP 11

10         SOUTH, RANGE 31 EAST BEING ALSO A POINT ON THE

11         BOUNDARY OF SAID GRAHAM SWAMP; THENCE NORTHERLY

12         AND WESTERLY ALONG THE BOUNDARY OF SAID GRAHAM

13         SWAMP FOR A DISTANCE OF 9,000 +/- FEET TO THE

14         EAST RIGHT OF WAY LINE OF OLD KINGS ROAD;

15         THENCE SOUTHWESTERLY CROSSING INTERSTATE 95 IN

16         A PERPENDICULAR DIRECTION TO THE WEST RIGHT OF

17         WAY LINE OF SAID INTERSTATE 95; THENCE SOUTH

18         ALONG SAID WEST RIGHT OF WAY LINE FOR A

19         DISTANCE OF 1,500 +/- FEET TO THE CENTERLINE OF

20         WALKER WATERWAY AS SHOWN ON THE SUBDIVISION MAP

21         OF PINE GROVE SECTION 24 SUBDIVISION AS

22         RECORDED IN MAP BOOK 8, PAGES 39-53; THENCE

23         WESTERLY ALONG THE CENTERLINE OF SAID WALKER

24         WATERWAY FOR A DISTANCE OF 6,000 +/- FEET TO

25         THE CENTERLINE OF BELLE TERRE PARKWAY; THENCE

26         NORTHERLY ALONG THE CENTERLINE OF BELLE TERRE

27         PARKWAY FOR A DISTANCE OF 10,500 +/- FEET TO

28         THE CENTERLINE OF PALM COAST PARKWAY WESTBOUND;

29         THENCE EAST ALONG THE CENTERLINE OF PALM COAST

30         PARKWAY WESTBOUND FOR A DISTANCE OF 10,500 +/-

31         FEET TO THE CENTERLINE OF FLORIDA PARK DRIVE;


                                  49

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         THENCE NORTH ALONG THE CENTERLINE OF FLORIDA

  2         PARK DRIVE FOR A DISTANCE OF 3,000 +/- FEET TO

  3         A POINT OPPOSITE THE NORTHWEST CORNER OF LOT

  4         18, BLOCK 7, FLORIDA PARK SECTION 2 SUBDIVISION

  5         AS RECORDED IN MAP BOOK 6, PAGES 1-3; THENCE

  6         EAST AND NORTH ALONG THE BOUNDARY OF SAID

  7         FLORIDA PARK SECTION 2 FOR A DISTANCE OF 450

  8         +/- FEET TO THE WEST END OF THE CENTERLINE OF

  9         FERGUSON COVE AS SHOWN ON SAID FLORIDA PARK

10         SECTION 2 SUBDIVISION; THENCE EASTERLY ALONG

11         THE CENTERLINE OF SAID FERGUSON COVE FOR A

12         DISTANCE OF 650 +/- FEET TO THE CENTERLINE OF

13         COUNTRY CLUB WATERWAY; THENCE NORTH ALONG THE

14         CENTERLINE OF COUNTRY CLUB WATERWAY FOR A

15         DISTANCE OF 4,800 +/- FEET TO THE CENTERLINE OF

16         PALM HARBOR PARKWAY; THENCE EASTERLY ALONG THE

17         CENTERLINE OF PALM HARBOR PARKWAY FOR A

18         DISTANCE OF 6,000 +/- FEET TO ITS EASTERLY

19         INTERSECTION WITH THE SOUTH LINE OF TOWNSHIP 10

20         SOUTH, RANGE 31 EAST; THENCE EAST ALONG SAID

21         TOWNSHIP LINE FOR A DISTANCE OF 1,300 +/- FEET

22         TO THE WEST RIGHT OF WAY LINE OF THE

23         INTRACOASTAL WATERWAY AND THE POINT OF

24         BEGINNING OF THIS DESCRIPTION.

25

26         DISTRICT 4, CITY OF PALM COAST

27

28         FROM A POINT OF BEGINNING BEING THE

29         INTERSECTION OF THE CENTERLINE OF BELLE TERRE

30         PARKWAY AND PINE LAKES PARKWAY (FORMERLY BARTON

31         PARKWAY) AS SHOWN ON THE SUBDIVISION MAP OF


                                  50

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         BELLE TERRE SECTION 13 AS RECORDED IN MAP BOOK

  2         7, PAGES 1-10; THENCE SOUTHERLY AND EASTERLY

  3         ALONG THE CENTERLINE OF SAID PINE LAKES PARKWAY

  4         FOR A DISTANCE OF 18,900 +/- FEET TO A POINT

  5         OPPOSITE THE SOUTHERLY CORNER OF ARLINGTON

  6         SUBDIVISION AS RECORDED IN MAP BOOK 30, PAGES

  7         9-11; THENCE NORTHWESTERLY ALONG THE SOUTHERLY

  8         LINE OF ARLINGTON SUBDIVISION FOR A DISTANCE OF

  9         1,400 +/- FEET TO THE CENTERLINE OF WEST

10         HAMPTON DRIVE; THENCE NORTHEASTERLY ALONG THE

11         CENTERLINE OF WEST HAMPTON DRIVE FOR A DISTANCE

12         OF 1,600 +/- FEET TO THE CENTERLINE OF PINE

13         LAKES PARKWAY; THENCE NORTHERLY ALONG THE

14         CENTERLINE OF PINE LAKES PARKWAY FOR A DISTANCE

15         OF 4,200 +/- FEET TO ITS NORTHERLY INTERSECTION

16         WITH WELLINGTON DRIVE; THENCE WESTERLY ALONG

17         THE CENTERLINE OF WELLINGTON DRIVE FOR A

18         DISTANCE OF 1,200 +/- FEET TO A POINT OPPOSITE

19         THE SOUTHWEST CORNER OF RESERVED PARCEL "A" OF

20         SAVANNAH SQUARE SUBDIVISION AS RECORDED IN MAP

21         BOOK 30, PAGES 28-31; THENCE NORTHEASTERLY

22         ALONG THE WESTERLY BOUNDARY OF SAID RESERVED

23         PARCEL "A" AND THE EXTENSION THEREOF FOR A

24         DISTANCE OF 1,600 +/- FEET TO THE CENTERLINE OF

25         BELLE TERRE PARKWAY; THENCE SOUTH ALONG THE

26         CENTERLINE OF SAID BELLE TERRE PARKWAY FOR A

27         DISTANCE OF 8,900 +/- FEET TO THE CENTERLINE OF

28         WALKER WATERWAY AS SHOWN ON THE SUBDIVISION MAP

29         OF PINE GROVE SECTION 24 SUBDIVISION AS

30         RECORDED IN MAP BOOK 8, PAGES 39-53; THENCE

31         EASTERLY ALONG THE CENTERLINE OF SAID WALKER


                                  51

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         WATERWAY FOR A DISTANCE OF 6,000 +/- FEET TO

  2         THE WEST RIGHT OF WAY LINE OF INTERSTATE 95;

  3         THENCE NORTH ALONG THE WEST RIGHT OF WAY LINE

  4         OF INTERSTATE 95 FOR A DISTANCE OF 1,500 FEET

  5         TO A POINT OPPOSITE THE NORTHWEST CORNER OF

  6         GRAND HAVEN CONSERVATION AREA (GRAHAM SWAMP)

  7         CONVEYED TO THE ST. JOHNS RIVER WATER

  8         MANAGEMENT DISTRICT; THENCE NORTHEASTERLY,

  9         CROSSING INTERSTATE 95 IN A PERPENDICULAR

10         DIRECTION, FOR A DISTANCE OF 600 +/- FEET TO

11         THE NORTHWEST CORNER OF SAID GRAHAM SWAMP,

12         BEING A POINT ON THE EAST RIGHT OF WAY LINE OF

13         OLD KINGS ROAD; THENCE SOUTH ALONG THE EAST

14         RIGHT OF WAY OF OLD KINGS ROAD BEING ALSO ALONG

15         THE BOUNDARY OF SAID GRAHAM SWAMP FOR A

16         DISTANCE OF 3,000 +/- FEET; THENCE DEPARTING

17         THE EAST RIGHT OF WAY OF OLD KINGS ROAD AND RUN

18         ALONG THE BOUNDARY OF SAID GRAHAM SWAMP AND THE

19         EXTENSION THEREOF EASTERLY AND SOUTHERLY FOR A

20         DISTANCE OF 22,500 +/- FEET TO THE SOUTH RIGHT

21         OF WAY LINE OF THE LEHIGH RAILROAD SPUR LYING

22         IN GOVERNMENT SECTION 40, TOWNSHIP 12 SOUTH,

23         RANGE 31 EAST; THENCE EAST ALONG SAID SOUTH

24         RIGHT OF WAY LINE OF THE LEHIGH RAILROAD SPUR

25         FOR A DISTANCE OF 500 +/- FEET TO THE NORTHEAST

26         CORNER OF THE LANDS NOW OR FORMERLY OWNED BY

27         CON-COR MICHIGAN, INC. AS DESCRIBED IN OFFICIAL

28         RECORDS BOOK 551, PAGE 598; THENCE

29         SOUTHEASTERLY ALONG THE EAST LINE OF SAID

30         CON-COR MICHIGAN LANDS FOR A DISTANCE OF 10,000

31         +/- FEET TO THE NORTH RIGHT OF WAY LINE OF


                                  52

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         STATE ROAD 100; THENCE WEST ALONG THE NORTH

  2         RIGHT OF WAY LINE OF SAID STATE ROAD 100 FOR A

  3         DISTANCE OF 600 +/- FEET TO A POINT OPPOSITE

  4         THE NORTHWEST CORNER OF THE FLAGLER COUNTY

  5         COQUINA QUARRY; THENCE SOUTH CROSSING STATE

  6         ROAD 100 AND RUNNING ALONG THE WEST BOUNDARY OF

  7         THE FLAGLER COUNTY COQUINA QUARRY FOR A

  8         DISTANCE OF 1,000 +/- FEET TO THE SOUTHWEST

  9         CORNER OF SAID COQUINA QUARRY; THENCE WEST

10         3,500 +/- FEET TO THE WESTERLY RIGHT OF WAY

11         LINE OF INTERSTATE 95 (STATE ROAD 9) BEING IN

12         GOVERNMENT SECTION 9-12-31; THENCE SOUTH ALONG

13         SAID WESTERLY RIGHT OF WAY LINE FOR A DISTANCE

14         OF 22,000 +/- FEET TO THE NORTH LINE OF THE

15         S.E.  1/4  OF THE S.E.  1/4  OF SECTION

16         33-12-31; THENCE WEST 6,300 +/- FEET TO THE

17         N.W. CORNER OF THE S.W.  1/4  OF THE S.W.  1/4

18         OF SECTION 34-12-31; THENCE S89°15'49"W,

19         2682.66 FEET; THENCE N00°22'50"W ALONG THE EAST

20         LINE OF THE SOUTH  1/2  OF THE NORTHEAST  1/4

21         OF THE SOUTHWEST  1/4  OF SECTION 33-12-31 FOR

22         A DISTANCE OF 662.16 FEET; THENCE S89°08'53"W

23         ALONG THE NORTH LINE OF SAID SOUTH  1/2  OF THE

24         NORTHEAST  1/4  OF THE SOUTHWEST  1/4  OF

25         SECTION 33-12-31 FOR A DISTANCE OF 1324.92

26         FEET; THENCE S00°43'39"E ALONG THE WEST LINE OF

27         SAID SOUTH  1/2  OF THE NORTHEAST  1/4  OF THE

28         SOUTHWEST  1/4  OF SECTION 33-12-31 FOR A

29         DISTANCE OF 661.38 FEET; THENCE S89°10'53"W

30         ALONG THE SOUTH LINE OF THE NORTHWEST  1/4  OF

31         THE SOUTHWEST  1/4  OF SECTION 33-12-31 FOR A


                                  53

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         DISTANCE OF 1320.91 FEET TO THE WEST LINE OF

  2         SAID SECTION 33-12-31; THENCE N01°04'30"W ALONG

  3         SAID WEST LINE OF SAID SECTION 33-12-31 FOR A

  4         DISTANCE OF 660.61 FEET TO THE SOUTHWEST CORNER

  5         OF THE NORTHWEST  1/4  OF THE NORTHWEST  1/4

  6         OF THE SOUTHWEST  1/4  OF SAID SECTION

  7         33-12-31; THENCE N89°08'53"E 662.46 FEET;

  8         THENCE N00°54'04"W ALONG THE EAST LINE OF THE

  9         NORTHWEST  1/4  OF THE NORTHWEST  1/4  OF THE 

10         SOUTHWEST  1/4  OF SECTION 33-12-31 FOR A

11         DISTANCE OF 660.99 FEET; THENCE S89°06'54"W,

12         664.48 FEET TO THE EAST LINE OF SECTION

13         32-12-31; THENCE N01°37'03"W ALONG THE EAST

14         LINE OF SAID SECTION 32-12-31 FOR A DISTANCE OF

15         663.26 FEET; THENCE S88°35'13"W, 1309.85 FEET;

16         THENCE N00°33'44"W, 1319.61 FEET; THENCE

17         S88°34'20"W, 664.57 FEET; THENCE S00°46'20"E,

18         988.44 FEET; THENCE S88°45'05"W, 660.05 FEET;

19         THENCE S00°43'25"E ALONG THE EAST LINE OF THE

20         NORTHWEST  1/4  OF SECTION 32-12-31 FOR A

21         DISTANCE OF 990.02 FEET TO THE CENTER OF SAID

22         SECTION 32-12-31; THENCE N89°48'19"W, 664.55

23         FEET; THENCE N00°44'21"W, 1298.43 FEET; THENCE

24         S88°40'01"W, 1235.79 FEET; THENCE S00°30'23"W,

25         1281.20 FEET TO A POINT ON THE SOUTH LINE OF

26         THE NORTHWEST  1/4  OF SECTION 32-12-31; THENCE

27         S89°08'36"W, ALONG SAID SOUTH LINE, A DISTANCE

28         OF 325.21 FEET; THENCE S01°18'41"W, 1330.76

29         FEET; THENCE S88°51'46"W, 335.19 FEET TO A

30         POINT ON THE WEST LINE OF SECTION 32-12-31;

31         THENCE WEST 250 +/- FEET TO A POINT ON THE


                                  54

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         EASTERLY RIGHT OF WAY LINE OF U.S. 1; THENCE

  2         NORTHWESTERLY ALONG THE EASTERLY RIGHT OF WAY

  3         LINE OF U.S. HIGHWAY NO. 1 FOR A DISTANCE OF

  4         2,000 +/- FEET TO THE NORTH RIGHT OF WAY LINE

  5         OF SEMINOLE WOODS BOULEVARD; THENCE EASTERLY

  6         AND NORTHERLY ALONG SAID NORTH RIGHT OF WAY

  7         LINE FOR A DISTANCE OF 31,500 +/- FEET TO THE

  8         SOUTH RIGHT OF WAY LINE OF STATE ROAD 100;

  9         THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE

10         OF STATE ROAD 100 FOR A DISTANCE OF 9,600 +/-

11         FEET TO THE NORTHWEST CORNER OF THE FLAGLER

12         COUNTY AIRPORT PROPERTY; THENCE DEPARTING THE

13         SOUTH RIGHT OF WAY LINE OF STATE ROAD 100 AND

14         RUN SOUTH ALONG THE WEST BOUNDARY LINE OF THE

15         FLAGLER COUNTY AIRPORT 1,800 +/- FEET TO A

16         POINT LYING N88°46'16"E, 555.09 FEET FROM THE

17         NORTHEASTERLY CORNER OF THE FLAGLER COUNTY

18         COUNCIL ON AGING PROPERTY; THENCE S88°46'16"W,

19         555.09 FEET TO THE NORTHEASTERLY CORNER OF THE

20         FLAGLER COUNTY COUNCIL ON AGING PROPERTY;

21         THENCE WESTERLY ALONG THE NORTH LINE OF SAID

22         COUNCIL ON AGING PROPERTY FOR A DISTANCE OF 585

23         +/- FEET TO THE EAST RIGHT OF WAY LINE OF BELLE

24         TERRE PARKWAY; THENCE SOUTHERLY ALONG THE EAST

25         RIGHT OF WAY LINE OF BELLE TERRE PARKWAY FOR A

26         DISTANCE OF 9,000 +/- FEET TO THE SOUTHWEST

27         CORNER OF RESERVED PARCEL E-2, LAGUNA FOREST

28         SUBDIVISION AS RECORDED IN MAP BOOK 18, PAGES

29         36-43 BEING ALSO A POINT ON THE NORTH RIGHT OF

30         WAY LINE OF LAGUANA FOREST TRAIL; THENCE

31         EASTERLY ALONG THE SOUTH LINE OF SAID RESERVED


                                  55

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         PARCEL E-2 AND CONTINUE ALONG THE SOUTH LINE OF

  2         RESERVED PARCELS D-1, C-5, AND C-4 FOR A

  3         DISTANCE OF 6,000 +/- FEET TO THE EASTERLY LINE

  4         OF SAID LAGUNA FOREST SUBDIVISION; THENCE

  5         SOUTHEASTERLY 3,600 +/- FEET ALONG THE EASTERLY

  6         LINE OF SAID LAGUNA FOREST SUBDIVISION AND THE

  7         EXTENSION THEREOF TO THE SOUTH RIGHT OF WAY

  8         LINE OF CITATION PARKWAY; THENCE WESTERLY ALONG

  9         THE SOUTH RIGHT OF WAY LINE OF CITATION PARKWAY

10         FOR A DISTANCE OF 6,000 +/- FEET TO THE SOUTH

11         RIGHT OF WAY LINE OF BELLE TERRE PARKWAY;

12         THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY

13         LINE OF BELLE TERRE PARKWAY FOR A DISTANCE OF

14         3,300 +/- FEET TO THE EAST LINE OF KANKAKEE RUN

15         SUBDIVISION SECTION 65 AS RECORDED IN MAP BOOK

16         17, PAGES 56-67; THENCE SOUTHERLY ALONG THE

17         EAST LINE OF SAID KANKAKEE RUN SUBDIVISION FOR

18         A DISTANCE OF 7,500 +/- FEET TO THE NORTH RIGHT

19         OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE

20         NORTHWESTERLY ALONG THE NORTH RIGHT OF WAY OF

21         U.S. HIGHWAY NO. 1 FOR A DISTANCE OF 9,000 +/-

22         FEET TO A POINT ON THE SOUTH LINE OF SECTION

23         24-12-30; THENCE DEPART SAID RIGHT OF WAY LINE

24         OF U.S. NO. 1 AND RUN S88°39'23"W ALONG SAID

25         SOUTH LINE OF SECTION 24-12-30 FOR A DISTANCE

26         OF 589.03 FEET; THENCE N01°21'13"W, 660.27

27         FEET; THENCE N88°39'12"E, 957.50 FEET TO A

28         POINT ON THE EASTERLY RIGHT OF WAY LINE OF U.S.

29         1; THENCE N30°31'02"W ALONG SAID EASTERLY RIGHT

30         OF WAY LINE FOR A DISTANCE OF 1289.12 FEET TO A

31         POINT ON THE WEST LINE OF SECTION 24-12-31;


                                  56

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         THENCE DEPART THE SAID EASTERLY RIGHT OF WAY

  2         LINE OF U.S. 1 AND RUN N00°45'33"E ALONG THE

  3         WEST LINE OF SECTION 24-12-30 FOR A DISTANCE OF

  4         3502.18 FEET TO THE SOUTHWEST CORNER OF SECTION

  5         13-12-3O; THENCE N01°13'03"W ALONG THE WEST

  6         LINE OF SAID SECTION 13-12-30 FOR A DISTANCE OF

  7         5279.10 FEET TO THE SOUTHWEST CORNER OF SECTION

  8         12-12-30; THENCE N00°10'59"W ALONG THE WEST

  9         LINE OF SAID SECTION 12-12-30 FOR A DISTANCE OF

10         1345.69 FEET; THENCE N89°01'42"E, 3798.28 FEET;

11         THENCE N01°14'25"W, 654.99 FEET TO THE SOUTH

12         RIGHT OF WAY LINE OF OLD MOODY BOULEVARD (A

13         50.00 FOOT RIGHT OF WAY): THENCE N89°16'07"E

14         ALONG SAID SOUTH RIGHT OF WAY LINE FOR A

15         DISTANCE OF 1260.84 FEET TO THE EAST LINE OF

16         SAID SECTION 12-12-30; THENCE NORTH ALONG THE

17         EAST LINE OF SAID SECTION 12 FOR A DISTANCE OF

18         910 +/- FEET TO THE NORTH RIGHT OF WAY LINE OF

19         S.R. 100 (A 200 FOOT RIGHT OF WAY); THENCE

20         N01°08'37"W CONTINUING ALONG THE EAST LINE OF

21         SAID SECTION 12, BEING ALSO ALONG THE WEST LINE

22         OF BLOCK 41, PALM COAST SECTION 34 AS PER MAP

23         BOOK 11, PAGE 30 FOR A DISTANCE OF 1122.56 FEET

24         TO THE NORTHWEST CORNER OF LOT 26, BLOCK 41 OF

25         SAID PALM COAST SECTION 34; THENCE S88°37'21"W

26         ALONG THE SOUTH LINE OF SAID PALM COAST SECTION

27         34 FOR A DISTANCE OF 5009.29 FEET TO A POINT ON

28         THE WEST LINE OF GOVERNMENT SECTION 12-12-30;

29         THENCE N00°22'11"W ALONG THE WEST LINE OF SAID

30         GOVERNMENT SECTION 12-12-30 FOR A DISTANCE OF

31         1304.11 FEET TO THE SOUTHEAST CORNER OF


                                  57

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         GOVERNMENT SECTION 2-12-30; THENCE S88°49'25"W

  2         ALONG THE SOUTH LINE OF SAID GOVERNMENT SECTION

  3         2-12-30 FOR A DISTANCE OF 2597.58 FEET; THENCE

  4         N00°43'21"W, 5128.21 FEET TO THE SOUTH RIGHT OF

  5         WAY LINE OF THE F.E.C. RAILROAD LEHIGH SPUR;

  6         THENCE S89°15'49"W ALONG SAID SOUTH RIGHT OF

  7         WAY LINE OF THE LEHIGH RAILROAD SPUR FOR A

  8         DISTANCE OF 5,400 +/- FEET TO THE EAST RIGHT OF

  9         WAY LINE OF U.S. HIGHWAY NO. 1; THENCE

10         NORTHERLY ALONG SAID EAST RIGHT OF WAY OF U.S.

11         HIGHWAY NO. 1 FOR A DISTANCE OF 10,500 +/- FEET

12         TO THE SOUTH LINE OF SECTION 22-11-30; THENCE

13         DEPART SAID, EASTERLY RIGHT OF WAY LINE OF U.S.

14         HIGHWAY NO. 1 AND RUN EAST 2,000 +/- FEET TO

15         THE SOUTHEAST CORNER OF SAID SECTION 22-11-30;

16         THENCE NORTH ALONG THE EAST LINE OF SAID

17         SECTION 22-11-30 FOR A DISTANCE OF 2640 +/-

18         FEET TO THE EAST  1/4  CORNER OF SAID SECTION

19         22-11-30; THENCE WEST ALONG THE NORTH LINE OF

20         THE S.W.  1/4  OF SAID SECTION 22-11-30 FOR A

21         DISTANCE OF 1,800 +/- FEET TO THE EAST RIGHT OF

22         WAY LINE OF U.S. HIGHWAY NO. 1; THENCE NORTH

23         ALONG THE EAST RIGHT OF WAY LINE OF U.S.

24         HIGHWAY NO. 1 FOR A DISTANCE OF 500 +/- FEET TO

25         THE SOUTH LINE OF THE U.S. FORESTRY SERVICE

26         FIRE TOWER SITE; THENCE EAST, NORTH, AND WEST

27         AROUND THE BOUNDARY OF SAID TOWER SITE FOR A

28         DISTANCE OF 1,500 FEET RETURNING TO THE EAST

29         RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE

30         NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE FOR

31         A DISTANCE OF 1,500 +/- FEET TO A POINT ON THE


                                  58

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         SOUTH LINE OF SECTION 15-11-30; THENCE

  2         S88°59'44"W ALONG THE SOUTH LINE OF SECTION

  3         15-11-30 FOR A DISTANCE OF 826.26 FEET; THENCE

  4         N22°39'29"W 781.49 FEET; THENCE N15°23'55"W

  5         2257.66 FEET; THENCE S84°38'19"W, 3811.48 FEET

  6         TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF

  7         THE F.E.C. RAILROAD IN SECTION 16-11-30 (A

  8         150.00 FOOT RIGHT OF WAY AT THIS POINT); THENCE

  9         N09°09'56"W ALONG SAID EASTERLY RIGHT OF WAY

10         LINE FOR A DISTANCE OF 2454.51 FEET; THENCE

11         N67°38'10"E, 3286.25 FEET; THENCE N19°01'15"W,

12         1352.46 FEET; THENCE N67°12'21"E, 6,900 +/-

13         FEET TO THE CENTERLINE OF AFOREDESCRIBED BELLE

14         TERRE PARKWAY; THENCE SOUTHERLY ALONG THE

15         CENTERLINE OF SAID BELLE TERRE PARKWAY FOR A

16         DISTANCE OF 500 +/- FEET TO THE POINT OF

17         BEGINNING.

18

19         Section 10.  Dissolution of Palm Coast Area Municipal

20  Service District.--Notwithstanding the incorporation of the

21  City of Palm Coast, the Palm Coast Area Municipal Service

22  District, a special taxing district created by the Flagler

23  County Commission, is authorized to continue in existence and

24  to provide services through December 31, 1999. Thereafter,

25  upon passage of the referendum as described in subsection (1)

26  of section 13, the Palm Coast Area Municipal Service District

27  shall be considered dissolved.

28         Section 11.  General provisions.--

29         (1)  CHARTER AMENDMENT.--This charter may be amended in

30  accordance with the provisions of the Municipal Home Rule

31  Powers Act, chapter 166, Florida Statutes, as the same may be


                                  59

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  amended from time to time, or as may otherwise be provided by

  2  general law. The form, content, and certification of any

  3  petition to amend shall be established by ordinance.

  4         (2)  CHARTER REVIEW; SCHEDULE, CHARTER REVIEW

  5  COMMITTEE.--

  6         (a)  Schedule.--The charter shall be reviewed no sooner

  7  than 10 years after the creation of the City of Palm Coast on

  8  December 31, 1999, and thereafter it may be reviewed every 10

  9  years.

10         (b)  Charter review committee.--A five-member charter

11  review committee shall be appointed. Each district council

12  member shall appoint one member from his or her district, and

13  the mayor shall appoint one member at large. The Palm Coast

14  City Council shall fund this committee. The charter review

15  committee shall be appointed at least 1 year before the next

16  scheduled general election and complete its work and present

17  any recommendations for change no later than 60 days before

18  the general election. The Palm Coast City Council shall hold a

19  minimum of two public hearings on the proposed changes to the

20  charter prior to placing the proposed changes on the scheduled

21  general election ballot.

22         (3)  INITIATIVE AND REFERENDUM.--At least 25 percent of

23  the qualified electorate of the city shall have the power to

24  petition the council to propose an ordinance or to require

25  reconsideration of an adopted ordinance, or to propose an

26  amendment to this charter. If the council fails to adopt such

27  ordinance or amendment so proposed, or to repeal such adopted

28  ordinance, without any change in substance, then the council

29  shall place the proposed ordinance or amendment, or the repeal

30  of the adopted ordinance, on the ballot at the next general

31  election.


                                  60

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         (4)  ADJUSTMENTS OF DISTRICTS; NUMBER, COMMISSION,

  2  REPORT, SUPPORT, PROCEDURE, FAILURE TO ENACT, EFFECT OF

  3  ENACTMENT.--

  4         (a)  Number of districts.--There shall be four city

  5  council districts as described in subsection (2) of section 9.

  6  These boundaries shall remain in effect until the decennial

  7  census of 2010. Thereafter, there shall be a districting

  8  commission as outlined in paragraph (b).

  9         (b)  Districting commission.--By the first day of the

10  month following official certification notification of the

11  decennial census to the state, the city council shall appoint

12  five city electors, determined from the registration for the

13  last statewide general election, who shall comprise the

14  districting commission. Electors chosen shall not be employed

15  by the city in any other capacity.

16         (c)  Commission report.--Within 120 days after

17  appointment, the districting commission shall file with the

18  official designated by the council a report containing a

19  recommended plan for adjustment of the council district

20  boundaries to comply with the following specifications:

21         1.  Each district shall be formed of compact,

22  contiguous territory, and its boundary lines shall follow the

23  center lines of natural and manmade separations, such as

24  canals, streets, etc., where possible.

25         2.  The districts shall be based upon the principle of

26  equal and effective representation as required by the United

27  States Constitution and as represented in the mathematical

28  preciseness reached in the legislative apportionment of the

29  state.

30

31


                                  61

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  The report shall include a map and description of the

  2  districts recommended and shall be drafted as a proposed

  3  ordinance. Once filed with the designated official, the report

  4  shall be treated as an ordinance introduced by a council

  5  member.

  6         (d)  Support.--It shall be the responsibility of the

  7  city manager to provide staff assistance and technical data to

  8  the districting commission.

  9         (e)  Procedure.--The procedure for the council's

10  consideration of the report shall be the same as for other

11  ordinances, provided that any summary of the ordinance

12  published pursuant to this charter and general law must

13  include both the map and a description of the recommended

14  districts.

15         (f)  Failure to enact ordinance.--After receipt of the

16  commission report, the council shall adopt a redistricting

17  ordinance at least 90 days before the next regular city

18  election. If the council fails to do so by such date, the

19  report of the districting commission shall go into effect and

20  have the effect of an ordinance.

21         (g)  Effect of enactment.--

22         1.  The new council districts and boundaries, as of the

23  date of enactment, shall supersede previous council districts

24  and boundaries for all the purposes of the next regular city

25  election, including qualifications.

26         2.  The new council districts and boundaries shall

27  supersede previous council districts and boundaries for all

28  other purposes as of the date all council members take office

29  who were elected subsequent to the effective date of the new

30  districts.

31


                                  62

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         3.  All district seats not up for election, but which

  2  as a result of the redistricting no longer have council

  3  members who live within the district, shall be declared vacant

  4  for purposes of the next regularly scheduled election. Such

  5  election shall, in order to preserve the staggering of the

  6  terms, be for either 4 years or for the remaining 2 years of

  7  the term, depending on the district vacant.

  8         (5)  STANDARDS OF CONDUCT.--All elected officials and

  9  employees of the city shall be subject to the standards of

10  conduct for public officers and employees set by general law.

11  In addition, the city council may, by ordinance, establish a

12  code of ethics for officials and employees of the city, which

13  may be supplemental to general law, but in no case may such an

14  ordinance diminish the provisions of general law.

15         Section 12.  Severability.--If any provision of this

16  act, or the application thereof to any person or circumstance,

17  is held invalid, the invalidity shall not affect other

18  provisions or applications of this act which can be given

19  effect without the invalid provision or application, and to

20  this end the provisions of this act are declared severable.

21         Section 13.  Transition schedule.--

22         (1)  REFERENDUM.--The referendum election called for by

23  this act shall be held on the second Tuesday in September

24  1999, at which time the following question shall be placed

25  upon the ballot:

26

27         SHALL CHAPTER 99-...., LAWS OF FLORIDA,

28         CREATING THE CITY OF PALM COAST AND PROVIDING

29         ITS CHARTER BE APPROVED?

30

31


                                  63

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  In the event this question is answered affirmatively by a

  2  majority of voters voting in the referendum, the provisions of

  3  this charter shall take effect as provided herein.

  4         (2)  CREATION AND ESTABLISHMENT OF CITY.--For the

  5  purpose of compliance with Florida Statutes relating to

  6  assessment and collection of ad valorem taxes, and for the

  7  purpose of subsection (2) of section 11, the city is hereby

  8  created and established effective December 31, 1999.

  9         (3)  INITIAL ELECTION OF COUNCIL MEMBERS;  DATES,

10  QUALIFYING PERIOD, CERTIFICATION OF ELECTION RESULTS,

11  INDUCTION INTO OFFICE.--

12         (a)  Dates.--Following the adoption of this charter in

13  accordance with subsection (1), the Flagler County Commission

14  shall call a special election for the election of the four

15  city council members and the mayor to be held on Tuesday,

16  December 14, 1999. Any necessary primary election shall be

17  held on Tuesday, November 9, 1999.

18         (b)  Qualifying period.--Between 8:30 a.m. on Tuesday,

19  September 21, 1999, and 2 p.m. on Friday, October 1, 1999, any

20  individual who wishes to run for one of the four initial seats

21  on the council or for the office of mayor shall qualify as a

22  candidate with the Flagler County Supervisor of Elections in

23  accordance with the provisions of general law and paragraph

24  (1)(b) of section 5 of this charter, except that for this

25  initial election, the following provisions supersede paragraph

26  (1)(b) of section 5:

27         1.  For any of the four district seats, the number of

28  qualifying signatures required on a qualifying petition shall

29  be 80; or, if the candidate wishes to qualify by fee, that fee

30  shall be $120.

31


                                  64

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         2.  For the seat of mayor, the number of qualifying

  2  signatures required on a qualifying petition shall be 300; or,

  3  if the candidate wishes to qualify by fee, that fee shall be

  4  $180.

  5         (c)  Certification of election results.--For the

  6  initial election, the Flagler County Commission shall appoint

  7  a canvassing board which shall certify the results of the

  8  election.

  9         (d)  Induction into office.--Those candidates who are

10  elected on December 14, 1999, or at the primary on November 9,

11  1999, following the same manner as outlined in subsection (6)

12  of section 8, shall take office at the initial city council

13  meeting, which shall be held at 7 p.m., on December 16, 1999,

14  at the Palm Coast Community Center, 305 Palm Coast Parkway,

15  Palm Coast, Florida.

16         (4)  TRANSITION SERVICES AND COMPENSATION.--

17         (a)  It is the intent of this section that the county

18  shall provide and be compensated for the provision of services

19  to the City of Palm Coast as budgeted for in the fiscal year

20  1999-2000 Flagler County Budget for the remainder of the

21  budget year. The level of services to be provided will be

22  consistent with the level upon which the fiscal year 1999-2000

23  expense budget was predicated and in accordance with adopted

24  revenues.

25         (b)  It is also the intent of this section that, if the

26  referendum of September 1999 passes, the county shall make no

27  changes to the fiscal year 1999-2000 draft budget which would

28  affect the future City of Palm Coast, either positively or

29  negatively, unless a special budget hearing is held for the

30  citizens of the future City of Palm Coast to discuss such

31  changes.


                                  65

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         (c)  In addition, services which the county shall

  2  provide under the terms of this agreement shall include all

  3  services provided to the Palm Coast Municipal Service District

  4  as adopted by the Flagler County Commission prior to the City

  5  of Palm Coast becoming operational on December 31, 1999.

  6  Compensation to the County of Flagler for services provided

  7  shall include all revenues which, although accruing to the

  8  city, would have accrued to the county as budgeted for

  9  provision of services prior to the incorporation of the city.

10         (d)  It is the responsibility of the city to adopt

11  appropriate ordinances, resolutions, or agreements as required

12  to ensure the continued collection of budgeted revenues with

13  which to fund services beginning January 1, 2000.

14         (e)  Any revenues adopted or received by the City of

15  Palm Coast upon which delivery of services was not predicated

16  within the Flagler County Commission's fiscal year 1999-2000

17  adopted budget shall accrue to the City of Palm Coast.

18         (5)  FIRST-YEAR EXPENSES.--The city council, in order

19  to provide additional moneys needed for the expenses and

20  support of the city, shall have the power to borrow money

21  necessary for the operation of city government until such time

22  as a budget is adopted and revenues are raised in accordance

23  with the provisions of this charter.

24         (6)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The city

25  council shall adopt ordinances and resolutions required to

26  effect the transition. Ordinances adopted within 60 days after

27  the first council meeting shall be passed as emergency

28  ordinances. These transitional ordinances shall be effective

29  for no longer than 90 days after adoption, and thereafter may

30  be readopted, renewed, or otherwise continued only in the

31  manner normally prescribed for ordinances.


                                  66

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         (7)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND

  2  DEVELOPMENT REGULATION.--

  3         (a)  Until such time as the city shall adopt a

  4  comprehensive plan, the applicable provisions of the

  5  Comprehensive Plan of Flagler County, Florida, as the same

  6  exists on the day the city commences corporate existence,

  7  shall remain in effect as the city's transitional

  8  comprehensive plan. However, all planning functions, duties,

  9  and authority shall thereafter be vested in the City Council

10  of Palm Coast, which shall be deemed the local planning agency

11  until the council establishes a separate local planning

12  agency.

13         (b)  All powers and duties of the Flagler County

14  Planning and Land Development Regulations Council, any boards

15  of adjustment and appeals created pursuant to statutory trade

16  codes, and the County Commission of Flagler County, Florida,

17  as set forth in these transitional zoning and land use

18  regulations, shall be vested in the City Council of Palm Coast

19  until such time as the city council delegates all or a portion

20  thereof to another entity.

21

22  General law prohibits the adoption of zoning ordinances as

23  emergency ordinances.

24         (c)  Subsequent to the commencement of the city's

25  corporate existence, no amendment of the comprehensive plan or

26  land development regulations enacted by the Flagler County

27  Commission shall be deemed an amendment of the city's

28  transitional comprehensive plan or land development

29  regulations or shall otherwise take effect within the city's

30  corporate limits unless approved by the city council.

31


                                  67

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1         (8)  SHARED REVENUES.--The City of Palm Coast shall be

  2  entitled to participate in all shared revenue programs of the

  3  state effective on the date of incorporation.  The provisions

  4  of s. 218.23(1), Florida Statutes, shall be waived for the

  5  purpose of eligibility to receive revenue sharing funds from

  6  the date of incorporation through the state fiscal year

  7  2001-2002. The provisions of s. 218.26(3), Florida Statutes,

  8  shall be waived for fiscal year 1999-2000 and apportionment

  9  factors for the municipalities and counties shall be

10  recalculated pursuant to s. 218.245, Florida Statutes, upon

11  the date of incorporation. Initial population estimates for

12  calculating eligibility for shared revenues shall be

13  determined by the University of Florida Bureau of Economic and

14  Business Research. Should the bureau be unable to provide an

15  appropriate population estimate, the Flagler County Planning

16  Department shall provide an appropriate estimate.

17         (9)  The City of Palm Coast shall be entitled to

18  receive local option gas tax revenues beginning October 1,

19  2000, in accord with an interlocal agreement if executed prior

20  to June 1, 2000.  If said interlocal agreement is not executed

21  prior to June 1, 2000, the distributions shall be in accord

22  with the lane-mile formula contained in s. 336.025(4)(b)1.,

23  Florida Statutes.

24         Section 14.  This act shall take effect as provided

25  herein only upon its approval by a majority vote of those

26  qualified electors residing within the proposed corporate

27  limits of the proposed City of Palm Coast, as described in

28  subsection (1) of section 9, voting in a referendum election

29  to be called by the Flagler County Commission and to be held

30  in accordance with subsection (1) of section 13, and the

31  provisions of general law relating to elections currently in


                                  68

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1103, First Engrossed/ntc



  1  force, except this section shall take effect upon becoming a

  2  law.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  69