HomeMy WebLinkAboutR-89-34RESOLUTION NO. R-89-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO GARBAGE SERVICE
FRANCHISE; PROVIDING FOR A CHANGE IN THE RATES CHARGED
TO RESIDENTIAL CUSTOMERS BY HARRIS SANITATION, INC.;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian,
Florida, has granted a non-exclusive
Indian River County,
franchise to Harris
Sanitation, Inc., a Florida corporation, to operate garbage
service in the city limits of the City of Sebastian; and
WHEREAS, the rates charged by the Grantee, Harris
Sanitation, Inc., for its service pursuant to the franchise shall
be fair and reasonable and designed to meet all necessary costs
of the service, including a fair rate of return on the Grantee's
net valuation of its properties devoted thereto under efficient
and economical management; and
WHEREAS, the Grantee has indicated to the City that it has
reduced its rates for residential garbage service to the
residents of the City of Sebastian from $6.90 per month to $4.25
per month, effective January 1, 1989, resulting from the decision
of Indian River County, a political subdivision of the state of
Florida, to bill the residents directly for the landfill fees
imposed by Indian River County on residents of the City of
Sebastian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. RATES AND CHARGES. S e c t i o n 9 o f the
franchise between the City of Sebastian and Harris Sanitation,
Inc. shall be amended to provide for a new monthly garbage rate
for residential customers residing in the City of Sebastian at
the rate of $4.25 per month, effective January 1, 1989.
Section 2. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Resolution shall become and be made a part of the Appendix to the
Code of Ordinances of the City of Sebastian, Indian River County,
Florida; that the sections of this Resolution may be renumbered
or relettered to accomplish such intention. The City Clerk is
hereby directed to provide the Municipal Code Corporation with a
certified copy of this Resolution.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall 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 Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This Resolution shall take
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effect immediately upon final passage, except that the rate
provided for in Section 1 shall be effective January 1, 1989, as
approved by Harris Sanitation, Inc.
The foregoing Resolution
Councilman 0~[/~/~ i
by Councilman '7~ ~~~'~~
was moved for adoption by
The motion was seconded
and, upon being put to a
vote, the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this /~ day of ~/~/~ , 1989.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Kathr~ M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Richard B. Votapka, Mayor
Ch~S' f'an Nash, city Attorney
Accepted by and approved by the undersigned franchisee
effective January 1, 1989:
(title)-
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