HomeMy WebLinkAboutR-91-37RESOLUTION NO.: R-91-37
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, APPROVING AN EXTENSION
OF TIME FOR THE TERMINATION OF THE TREASURE
COAST REFUSE, INC. FRANCHISE; /~ENDING SECTION
19 OF THE TREASURE COAST REFUSE, INC.
FI~J~NCHISE AS PREVIOUSLY AMENDED IN RESOLUTION
NO. R-84-4?A; PROVIDING FOR ACCEPTANCE BY
TREASURE COAST REFUSE, INC.; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian, a Florida municipal
corporation (the "city"), granted Treasure Coast Refuse, Inc.,
formerly known as Rural Sanitation Service, Inc., a Florida
corporation (the "Franchisee"), a non-exclusive franchise, known
as the Treasure Coast Refuse, 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 1o APPROVAL OF i~ EXTENS'rON OF THE TEI~'fNAT~ON
DATE. The Franchise, as defined in the recitals of this
Resolution, is hereby extend until ~...~.~t. /~ , 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Resolution No. R-84-47A, are hereby repealed.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.
2
Section 5.
EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
~L?.~_~/j.~ . The motion was seconded by Councilman
,,~:/~..,~it.t/~ , 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
The Mayor thereupon declared this Resolution duly passed and
adopted this/j~) day of~3.~_.~i: .'¢~ i~.;~ , 1991.
..L .Kath~ M: .~'~alloran, CMC/AA--E
..-City Clerk
¢ 1) -'-
Appr~,.a~t6 Form and Content:
Charles ian Nash, City Attorney
CITY OF SEBASTIAN, FLORIDA
. Con~rs, Mayor
/
ACCEPTED AND AGREED TO BY:
TREASURE COAST REFUSE, INC.
By:
signature of authorized
representative
Name:
Title: