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HomeMy WebLinkAboutR-96-17RESOLUTION NO. R-96-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A "BILL OF SALE" CONVEYING THE RIVERFRONT WATER PROJECT TO INDIAN RIVER COUNTY; 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 (the "City"), by adoption of Resolution No. R-95-55 on September 20, 1995, entered into an Interlocal Agreement ("Agreement") with Indian River County (the "County") for the sale and transfer of the City of Sebastian Water and Wastewater System; and WHEREAS, in accordance with the Agreement between the City and the County, upon completion of the Riverfront Water Project, ownership of the Riverfront Water Project shall be transferred to the County; and WHEREAS, the City Council, by adoption of Resolution No. R-96-14, acknowledged completion of the improvements to the Riverfront Water Project, a project determined necessary for the public health, safety and welfare of its citizens and in accordance with the terms of the Agreement, must now transfer it to the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~ BILL OF SALE. The Mayor is hereby authorized to execute and the City Clerk to attest a Bill of Sale, conveying the Riverfront Water Project to Indian River County, on behalf of the City of Sebastian (a copy of said Bill of Sale being attached hereto as Exhibit "A"). ~ CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~.~C. LTJ. O_~. 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 such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ,~.~3)_1S_4, EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 2 The foregoing Resolution was moved for adoption by Coun¢ilmember 0~,~ The motion was by seconded Councilmember /'"{ £~.[~Z f~ .~ and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran The Mayor thereupon declared this Resolution duly passed and adopted this ~~_ dayof ~~ , 1996. CITY OF SEBASTIAN ATrthur L Ftmon, Mayor Kathryn M/O~atloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McCl~lland, Jr., (~ity Attorney 3 This instrument prepared by or under the supervisfo~ of: Name: Clifton A. NcC[eLLsnd, Jr., Esq. Potter, McCtettand, Marks & Hea[y, P.A. Address; 700 S. Babcock Street, Suite &O0 Me[bourne, FL 32901 BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the Riverfront Water Project, as described in that certain Interlocah~ Agreement dated September 20, 1995, is made and executed day of January, 1996, by City of Sebastian, a municipal corporation and body politic existing under the laws of the State of Florida, (the "City"), whose address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called the seller, to Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called the buyer; WITNESSETH: That the seller, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the buyer, all that certain personal property which is a part of the Riverfront Water Project situate in Indian River County, Florida, as more particularly described on Exhibit A attached hereto and incorporated herein. TO HAVE AND TO HOLD, the same in fee simple forever. IN WITNESS WHEREOF the seller has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day an~-year first above written. Witnes~ / Printed ~ame of!Witness Printed Name of Witness CITY OF SEBASTIAN, FLORIDA, a Municipal corporation, by its City Council Arthur L. Firtion, Mayor (OFFICIAL SEAL) ATTEST: STATE OF FLORIDA § COUNTY OF INDIAN RIVER § The~9~going Bil~f Sale was sworn to and subscribed before me thisc~y~' day of~/~_~ , 1996, by Arthur L. Firtion, Mayor of the City of Sg~stian an~ Kathryn M. O'Halloran, CMC/AAE, on behalf of the City. VArthur L. Firtion and Kathryn. ~% O'Halloran are personally known to me e~--ha~e-~ ~ as identification and did take an oath. / ~---~'Pr~nted Na~/A! r~/~ i/~, (~//~ No%ary Public, State Of Florida At Large ~(/~/~ / My Commission Expi~e~: Commission No.: ~_~~A~/L' EXHIBIT A TO BILL OF SALE FROM CITY OF SEBASTIAN~ FLORIDA TO INDIAN RIVER COUNTY, FLORIDA The Riverfront Water Project which furnishes water mains, laterals, valves, fire hydrants and other water distribution facilities to parcels located East of U.S. 1 to the Indian River, running from the City's southern boundary to its northern boundary, as more particularly described in the plans and specifications on file in the office of the City Clerk of the City of Sebastian, Florida.