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HomeMy WebLinkAboutORDINANCE 0-81-9B Clarifying City Rights Upon TransferORDINANCE NO, Q -P/— - (AMENDMENT TO ORDINANCE 0-81-9) (SEWER COLLECTION & DISPOSAL FRANCHISE) AN AMENDMENT TO ORDINANCE 0-81-9 DATED MAY 11, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81.9 DATED MAY 11, 1981; CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Sebastian, Florida, to wit: Section 1 - Amending Clause: Section 11111 of Ordinance 0-81-9 dated May 11, 1981, is hereby amended to add to the exclusive franchise, Units 14 and 15 and the remainder of Units 16 and 17 of Sebastian Highlands Subdivision, an area located within a portion of the City of Sebastian, Florida, more specifically described in Exhibit "A" attached hereto. Section 2 - Repealing Clause; Exhibit "A" to Ordinance 0-81-9 dated May 11, 1981, is hereby repealed in its entirety. All other sections of Ordinance 0-81-9, dated May 11, 1981, shall remain in full force and effect. Section 3 - Adoption Clause; Exhibit "All attached hereto and incorporated herein, entitled General Development Utilities, Inc. Sewer Franchise Area is hereby adopted and shall be considered as an integral part of Ordinance 0-81-9, dated May 11, 1981, Section 4 , Amending Clause; That Section 11 of Ordinance 0-81-9, dated May 11, 1981, is hereby amended to read as follows; Section 11, Transfer of Rishts The company shall not, at any time, transfer its rights in any of its public sewer system property, or its franchise herein granted, to any person, firm or corporation, without the consent of the majority of said Council. It is, however, expressly understood and agreed that in the event the company should desire to transfer its rights and franchise as aforesaid to a transferee that is qualified to operate under said franchise then the Council, unless it exercises its right of first refusal in accordance with Section 16 hereof, shall not withhold its consent unreasonably and the showing of qualifications shall be conclusive evidence of the right of the company to secure and consent of transfer, Section 5 - Severability Clause: Should any section, subsection, phrase, or word of this ordinance be declared invalid, the remainder of this ordinance shall not be so affected, Section 6 - Conflict Clause: Any ordinance or portion thereof which is in conflict with the provisions of this ordinance is hereby repealed to the extend of such conflict. Section 7 - Effective Date: This ordinance shall become effective immediately upon adoption, ATTEST: City Cler CITY OF SEBASTIAN, FLORIDA s'I I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on this the « day of( , 1981 y cler -2- N I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at on , 1984, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the day of , 1984, ity Cler -3-