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been complied with.
<br />After some further discussion in the matter, Motion was made by
<br />Commissioner Macdonald, seconded by Commissioner Waddell and unanimously
<br />carried, and the following Resolution was adopted:
<br />RESOLUTION
<br />WHEREAS, on September 20, 1960, the Board of County Commissioners
<br />of Indian River County did adopt a resolution that the zoning resolu-
<br />tion of Indian River County, Florida, and the accompanying zoning map
<br />be changed by changing Tracts 3, 4, 5, 6, 11 and 12, Section 35, Town-
<br />ship 33 South, Range 39 East, according to the last general plat of
<br />lands of the Indian River Farms Company, from R-1, Single Family Di-=
<br />trict, to C-1, Commercial District; and,
<br />WHEREAS, said resolution also contained the following provision,
<br />to wit:
<br />"Provided, however, that the change set forth in Paragraph
<br />5 hereof is made pursuant to the request of James C. Kelly,
<br />and that such change is granted contingent upon the appli-
<br />cant obtaining the permit for the proposed construction of
<br />tracks, stables, club house facilities and other structures
<br />necessary for the operation of a race track within six months
<br />and completing the construction within one year from the date
<br />of the passage of this Resolution, and if either contingency
<br />is not complied with within the time provided, then as to
<br />Paragraph 5 this Resolution shall be null and void and of no
<br />force and effect, and the zoning of this property shall re-
<br />vert to its status prior to the adoption of this Resolution."
<br />and,
<br />WHEREAS, paragraph 5 mentioned above also covered the land particu-
<br />larly described in the first paragraph above; and,
<br />WHEREAS, the one year period mentioned above expired at midnight
<br />on September 20, 1961; and,
<br />WHEREAS, the members of the Board of County Commissioners of
<br />Indian River County, Florida, have personally inspected the property
<br />described above and have made certain determinations, now, therefore:
<br />BE IT RESOLVED by the Board of County Commissioners of Indian
<br />River County, Florida, that neither James C. Kelly nor anyone else has
<br />complied with the second contingency mentioned above, to wit: the com-
<br />pletion of the construction of tracks, stables, club house facilities
<br />and other structures necessary for the operation of a race track within
<br />one year from September 20, 1960;
<br />BE IT FURTHER RESOLVED by said Board that said resolution adopted
<br />September 20, 1960, shall be and it is hereby declared null and void and
<br />of no force and effect as to paragraph 5 therein and that the zoning of
<br />the property described in paragraph 5 of said resolution has reverted to
<br />its status prior to the adoption of said resolution adopted September
<br />20, 1960;
<br />BE IT FURTHER RESOLVED by this Board that said zoning map be
<br />changed in order that the following described property, situated in
<br />Indian River County, Florida, to wit: Tracts 3, 4, 5, 6, 11 and 12,
<br />Section 35, Township 33 South, Range 39 East, according to the last
<br />general plat of lands of the Indian River Farms Company, be changed
<br />from C-1, Commercial District, to R-1, Single Family District.
<br />
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