AN ORDINANCE OF THE CITY OF ORLANDO, FLORIDA; REPEALING CHAPTER ... - DOC

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AN ORDINANCE OF THE CITY OF ORLANDO, FLORIDA; REPEALING CHAPTER ... - DOC Powered By Docstoc
					 1                  AN ORDINANCE OF THE CITY OF ORLANDO, FLORIDA,
 2                  RELATING TO MT. ZION MISSIONARY BAPTIST
 3                  INSTITUTIONAL CHURCH; DESIGNATING THE REAL
 4                  PROPERTY GENERALLY LOCATED AT 535 W.
 5                  WASHINGTON ST. AS AN ORLANDO HISTORIC
 6                  LANDMARK;    PROVIDING    FOR   SEVERABILITY,
 7                  CORRECTION OF SCRIVENER’S ERRORS, AND AN
 8                  EFFECTIVE DATE.
 9
10          WHEREAS, section 65.720, Code of the City of Orlando, Florida (“Orlando City
11   Code”), provides for the designation of a “site, building, structure[,] or object as an Historic
12   Landmark [ ] when appropriate documentation demonstrates significance in history, architecture,
13   archeology, engineering[,] or culture and it possesses integrity of location, design, setting,
14   materials, workmanship, feeling[,] and association…”; and
15
16           WHEREAS, section 65.720, Orlando City Code, further requires that a site, building,
17   structure, or object proposed for designation as an Orlando Historic Landmark demonstrate
18   “[association] with events that have made a significant contribution to the broad patterns of our
19   history”, or “[association] with the lives of persons significant in our past”, or “[t]hat embodies
20   the distinctive characteristics of a type, period or method of construction, or that represents the
21   work of a master, or that possesses high artistic values”, or “[t]hat has yielded or may be likely to
22   yield, information important in prehistory or history.”; and
23
24            WHEREAS, on or about February 28, 2007, the Mt. Zion Missionary Baptist
25   Institutional Church, Inc., of Orlando, Florida (the “Mt. Zion Missionary Baptist Institutional
26   Church”), applied to the City of Orlando, Florida (the “City of Orlando”), to designate certain
27   real property belonging to the Mt. Zion Missionary Baptist Institutional Church as an Orlando
28   Historic Landmark pursuant to the provisions of section 65.720, Orlando City Code; and
29
30            WHEREAS, the real property of the Mt. Zion Missionary Baptist Institutional Church
31   that is subject to the request for designation as an Orlando Historic Landmark is the real property
32   generally located at 535 W. Washington St., in the Callahan neighborhood of Downtown
33   Orlando, and is more particularly described by the legal description attached hereto as Exhibit
34   “A”, which is hereby incorporated into and made a part of this ordinance (the “Property”); and
35
36          WHEREAS, the Property is comprised of approximately 0.43 acres of land and includes
37   the main sanctuary hall of the Mt. Zion Missionary Baptist Institutional Church; and
38
39          WHEREAS, the present main sanctuary hall on the Property is a red brick structure in
40   the Classical Revival style which originally broke ground on January 29, 1956, and held its first
41   church service on March 18, 1962; and
42
43           WHEREAS, at its regular meeting of June 6, 2007, the City of Orlando Historic
44   Preservation Board (the “HPB”) held a public hearing on the request by the Mt. Zion Missionary
45   Baptist Institutional Church to designate the Property as an Orlando Historic Landmark, and after
46   an extensive review of the documented evidence and upon consideration of the criteria provided


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47   by section 65.720, Orlando City Code, the HPB recommended by unanimous voice vote that the
48   Orlando City Council designate the Property as an Orlando Historic Landmark; and
49
50           WHEREAS, at its regular meeting of July 17, 2007, the City of Orlando Municipal
51   Planning Board (the “MPB”) held a public hearing on the request by the Mt. Zion Missionary
52   Baptist Institutional Church to designate the Property as an Orlando Historic Landmark, and after
53   an extensive review of the documented evidence and upon consideration of the criteria provided
54   by section 65.720, Orlando City Code, the MPB recommended by unanimous voice vote that the
55   Orlando City Council designate the Property as an Orlando Historic Landmark; and
56
57           WHEREAS, the Mt. Zion Missionary Baptist Institutional Church is located in one of
58   the City of Orlando’s oldest Black communities and represents one of the most important
59   cultural and religious resources of the entire City of Orlando; and
60
61          WHEREAS, the Mt. Zion Missionary Baptist Institutional Church is associated with
62   many religious and community leaders that have been highly important to, and influential upon,
63   the development and progress of the City of Orlando, including the Reverend C.J. Scott, Mr.
64   Gabriel Jones, the Reverend H.K. Hill, the Reverend N.G. Staggers, Deacon James Bates,
65   Deacon Booker T. Helms, and many, many others; and
66
67          WHEREAS, the congregation of the Mt. Zion Missionary Baptist Institutional Church
68   was instrumental in the City of Orlando’s civil rights history and many members of the Church,
69   including the Reverend N.G. Staggers, Sister Bernice Wheeler, and Sister Georgia N. Woodley,
70   were active members of the National Association for the Advancement of Colored People (the
71   “NAACP”) during the 1960s; and
72
73            WHEREAS, the Mt. Zion Missionary Baptist Institutional Church further distinguished
74   itself in the City of Orlando’s civil rights history when congregation members Brother J.P. Ellis
75   and Sisters Altamese Pritchett, Georgia N. Woodley, Mavis Starkes, and Marie Curry, filed suit
76   against the Board of Public Instruction of Orange County, Florida, in order to compel the
77   desegregation of Orange County public schools; and
78
79           WHEREAS, the Orlando City Council hereby finds and determines that, in accordance
80   with the criteria provided in section 65.720, Orlando City Code, appropriate documentation has
81   been provided to demonstrate that the Property is “significan[t] in history, architecture…or
82   culture and [ ] possesses integrity of location, design, setting…feeling[,] and association…”, and
83   that the Property is “associated with events that have made a significant contribution to the broad
84   patterns of our history”, is “associated with the lives of persons significant in our past”, and
85   “embodies the distinctive characteristics of a…period…”; and
86
87           WHEREAS, the Orlando City Council hereby finds and determines that, in accordance
88   with the criteria provided in section 65.720, Orlando City Code, the Property is, in fact
89   “significan[t] in history, architecture…or culture and [ ] possesses integrity of location, design,
90   setting…feeling[,] and association…”, and that the Property is “associated with events that have
91   made a significant contribution to the broad patterns of our history”, is “associated with the lives



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 92   of persons significant in our past”, and “embodies the distinctive characteristics of a…period…”;
 93   and
 94
 95          WHEREAS, the Mt. Zion Missionary Baptist Institutional Church is the oldest black
 96   Church in the City of Orlando and was founded by former slaves and their children in April of
 97   1880, only 15 years after the end of the American Civil War; and
 98
 99          WHEREAS, since April of 1880, the Mt. Zion Missionary Baptist Institutional Church
100   of Orlando, Florida, has well served the religious, spiritual, fellowship, and social needs of our
101   community and, for that reason, and for the many other reasons listed hereinabove, the Property
102   should be designated as an Orlando Historic Landmark; and
103
104           WHEREAS, the Orlando City Council hereby finds and determines that this ordinance is
105   in the best interest of the public health, safety, and welfare; and
106
107        NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
108   CITY OF ORLANDO, FLORIDA:
109
110           SECTION 1. DESIGNATION OF ORLANDO HISTORIC LANDMARK. In
111   accordance with section 65.720, Orlando City Code, the Property is hereby designated an
112   Orlando Historic Landmark, and is henceforth subject to all the laws and benefits applicable to
113   said designation.
114
115          SECTION 2. SEVERABILITY. If any provision of this ordinance or its application to
116   any person or circumstance is held invalid, the invalidity does not affect other provisions or
117   applications of this ordinance which can be given effect without the invalid provision or
118   application, and to this end the provisions of this ordinance are severable.
119
120           SECTION 3. SCRIVENER’S ERROR. The City Attorney may correct scrivener’s
121   errors found in this ordinance by filing a corrected copy of this ordinance with the City Clerk.
122
123          SECTION 4. EFFECTIVE DATE. This ordinance takes effect immediately upon final
124   passage.
125
126           DONE, THE FIRST READING, by the City Council of the City of Orlando, Florida, at
127   a regular meeting, this ________ day of ____________________, 2007.
128
129         DONE, THE PUBLIC NOTICE, in a newspaper of general circulation in the City of
130   Orlando, Florida, by the City Clerk of the City of Orlando, Florida, this ________ day of
131   ____________________, 2007.
132
133          DONE, THE SECOND READING, AND ENACTED ON FINAL PASSAGE, by an
134   affirmative vote of a majority of a quorum present of the City Council of the City of Orlando,
135   Florida, at a regular meeting, this ________ day of ____________________, 2007.
136



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137                                            BY THE MAYOR/MAYOR PRO TEMPORE OF
138                                            THE CITY OF ORLANDO, FLORIDA:
139
140
141                                            _______________________________________
142                                            Mayor / Mayor Pro Tempore
143
144   ATTEST, BY THE CLERK OF THE
145   CITY COUNCIL OF THE CITY OF
146   ORLANDO, FLORIDA:
147
148   _______________________________________
149   City Clerk
150
151   THIS ORDINANCE WAS DRAFTED AND
152   IS APPROVED AS TO FORM AND LEGALITY
153   FOR THE USE AND RELIANCE OF THE
154   CITY OF ORLANDO, FLORIDA, BY:
155
156   _______________________________________
157   City Attorney
158                      **[Remainder of page intentionally left blank.]**




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