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0-81-9 dated May 11, 1981, is hereby repealed in its entirety.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
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