HomeMy WebLinkAboutO-94-04ORDINANCE NO. 0-94-04
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-85-16;
REPEALING THE SEBASTIAN LAKES UTILITY COMPANY WATER AND
SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, pursuant to Ordinance No. 0-
85-16 adopted on September 11, 1985, granted Sebastian Lakes
Utility Company an exclusive franchise for the construction,
maintenance and operation of a public water system and a public
sewer system within a portion of city limits for a period of twenty
years; and
WHEREAS, on February 9, 1994, the City of Sebastian received
a contribution from Sebastian Lakes Utility Company and Sebastian
Lakes Associates of the Water and Wastewater Distribution and
Collection System operated by Sebastian Lakes Utility Company in
the City of Sebastian; and
WHEREAS, Sebastian Lakes Utility Company agreed to thereafter
refrain from operating a Water Distribution System, or a Sewer
Collection and Disposal System in the city limits of the city of
Sebastian; and
WHEREAS, Sebastian Lakes Utility Company no longer operates a
Water Distribution System or a Sewer Collection and Disposal System
in the City of Sebastian and has forfeited all further right and
interest in the franchise to construct, operate and maintain a
public water system and a public sewer system in the City of
Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION...~. REPEAL AND TERMINATION OF THE SEBASTIAN LAKES
UTILITY COMPANY PUBLIC SEWER SYSTEM FRANCHISE.
The City hereby repeals, revokes and terminates Ordinance No.
0-85-16, thereby terminating the exclusive franchise previously
granted to Sebastian Lakes Utility Company to construct, operate
and maintain a public water system or a public sewer system within
certain portions of the city of Sebastian, Indian River County,
Florida.
SECTION 2. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this ordinance is invalid or
unconstitutional, the remainder of this Ordinance shall not be
affected and it will be presumed that the City Council of the City
of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 4. EFFECTIVE DATE.
This Ordinance
passage.
shall take effect immediately upon final
- 2 -
The foregoing Ordinance was moved for adoption by Council
Member 0~~i .......... The motion was seconded by
Council Member ~~ and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland ~_~
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of ~~~ , 1994.
7L~6n~ie R. ~fw~, ~4ayor
ATTEST: .
Kathryn~J O'H~loran, CMC~
City Clerk
('SEAL)
.,- I HEREBY- CERTIFY that notice of public hearing on this
-ordinance was published in the Vero Beach Press Journal as required
~y State Statute, that one public heari~g.~was held on this
Ordinance at 9.00 p.m. on the ~_~ day of ~__~~, 1994, and
that following said public hearing this OrdinanCe was passed by the
Cit~Council.
Kathry~M. O'Halloran, CMC/AAE
City clerk
(.SEAL)
~Approved as to F3~m--~k~Content:
Charles Ian Nash, City Attorney
- 3 -