§ 19-369. Area embraced and zone created.

(a)

This division shall be in full force and effect throughout a zone extending five miles in every direction from the corporate limits of the city as provided in Ordinance No. 88-10 of the county.

(b)

The five-mile zone created pursuant to this division shall be extended from time to time by annexation so that the zone always extends five miles from the city boundaries except that the zone shall not include any area within the limits of any other municipality within the area.

(c)

The zone does not extend into that portion of the property described on the attached Exhibit "1" designated a "Phase I" of the development for which the development regional impact has been approved by the county commission prior to enactment of Ordinance No. 271.

(d)

However, it does not extend into any portion of the property described on attached Exhibit 1 if, within 90 days of the effective date of Ordinance No. 307, said property is determined to be subject to a city franchise fee or utility tax or the developer of the property provides the city with valuable consideration acceptable to the city; however, if the property is not found to be subject to a city franchise fee or utility tax, or the developer of the property does not provide the city with a valuable consideration within 90 days of the effective date of Ordinance No. 307, then Ordinance No. 307 shall be and become null and void.

(Ord. No. 211, § 3, 2-26-90; Ord. No. 271, § 1, 11-14-94; Ord. No. 307, § 1, 9-25-97)