HomeMy WebLinkAboutR-91-36RESOLUTION NO.: R-91-36
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION
OF TIME FOR THE TERMINATION OF THE NARRIS
SANITATION, INC. FRANCHISE; AMENDING SECTION
19 OF THE HARRIS SANITATION, INC. FRANCHISE AS
PREVIOUSLY AMENDED IN RESOLUTION NO. R-84-
48A; PROVIDING FOR ACCEPTANCE BY HARRIS
SANITATION, INC.; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVEHABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city of Sebastian, a Florida municipal
corporation (the "City"), granted Harris Sanitation, Inc., a
Florida corporation (the "Franchisee"), a non-exclusive franchise,
known as the Harris Sanitation, Inc. Franchise (the "Franchise"),
to operate a garbage service within the corporate limits of the
City; and,
WHEREAS, the Franchise is due to expire September 19, 1991;
and,
WHEREAS, the City and the Franchisee desire to extend the
expiration date of the Franchise for a short period of time to
allow the City to determine how to proceed with the granting of
future franchises for garbage service in the corporate limits of
the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. APPROVAL OF AN EXTENSION OF THE TERMINATION
DATE. The Franchise, as defined in the recitals of this
Resolution is hereby extend until i- /]~.C~ /~ 199~_~
.Section 2. ACCEPTANCE BY THE FRANCHISEE. The Franchisee,
by signing this Resolution, hereby agrees to the extension of the
Franchise in accordance with its current terms and conditions until
the new expiration date set forth in Section 1 of this Resolution.
Section 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith, including Section One of
Resolution No. R-84-48A, are hereby repealed.
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
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
~?.~..-~'/c~.~:~i _ . The motion was seconded by Councilman
· ~..,~ . , and, upon Being put to a vote, the vote
was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
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The Mayor thereupon declared this Resolution duly passed and
j~ ~::/? ....
adopted this , day of ~!~z~. ' % , 1991.
ATTEST:
:..'.,~(~yhrYcfeMr~ O'-~_ailoran, CMC~E
APprov~~as to--F and Content:
Charles Ian Nash, City Attorney
CITY OF SEBASTIAN, FLORIDA
W. E. Con. ers/ ~4ayor
/
ACCEPTED AND AGREED TO BY:
HARRIS SANITATION, INC.
By:
signature of authorized
representative
Name:
Title:
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