HomeMy WebLinkAboutR-91-31
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RESOLUTION NO. R-91-31
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY
CLERK TO ENTER INTO AN AGREEMENT, ON BEHALF OF THE
CITY, TO TERMINATE THAT CERTAIN ASSIGNMENT DATED
DECEMBER 12, 1990, WITH INDIAN RIVER COUNTY, FLORIDA, A
COPY OF THE TERMINATION AGREEMENT BEING ATTACHED TO
THIS RESOLUTION AS EXHIBIT "A", WHEREBY THE COUNTY IS
RETRANSFERRING TO THE CITY ALL OF THE COUNTY'S RIGHT,
TITLE AND INTEREST RECEIVED UNDER THE ASSIGNMENT IN THE
WATER FRANCHISE GRANTED TO GENERAL DEVELOPMENT
UTILITIES, INC. BY THE CITY IN ORDINANCE NO. 0-81-8,
AND IN THE SEWER FRANCHISE GRANTED TO GENERAL
DEVELOPMENT UTILITIES, INC. BY THE CITY IN ORDINANCE
NO. 0-81-9; 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, Indian River County, Florida,
granted to Indian River County, Florida (the "County"), an
exclusive franchise to furnish water and sewer service to the
entire area within the incorporated limits of the City, including
those areas in which the City had previously granted franchises;
Whereas, under the Franchise, the County's franchise
territory included those areas in which the City of Sebastian had
previously granted franchises shoUld any such prior franchise
expire, revert, be forfeited, canceled or otherwise come under
the control of the City;
Whereas,
water and sewer franchises were in existence
between the City and General Development Utilities, Inc. ("GDU"),
granted by Ordinance No. 0-81-8 and Ordinance No. 0-81-9,
respectively (collectively the "GDU Franchises");
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Whereas, the GDU Franchises contain provisions granting to
the City the right to purchase all of the facilities, together
with easements, owned and used by GDU to provide services under
the GDU Franchises; and
Whereas, by Resolution R-90-55, the City authorized the
Mayor and the City Clerk to enter into and execute an Assignment
whereby the City would assign to the County all of the City's
right, title and interest in the GDU Franchises, with the
exception of the City's right to receive franchise revenues and
to regulate rates, fees, and charges under the GDU Franchises; and
Whereas, on December 12, 1990, the City and the County
entered into an Assignment whereby the City granted and the
County accepted all of the City's right, title and interest
granted to GDU under the GDU Franchises, with the exception of
the City's right, to receive revenues and to regulate rates,
fees, and charges under the GDU Franchises (the "Assignment").
Whereas, the City now desires to regain all rights under the
GDU Franchises and the County desires to reassign to the City all
of the rights acquired under the Assignment.
Whereas, the City Council of the City of Sebastian has
reviewed the proposed Termination of Assignment Agreement, a copy
of which is attached hereto as Exhibit "A" and incorporated
herein by this reference, and after engaging in deliberations,
has determined that it would be in the best interest of the City
and its citizens, and in furtherance of a valid municipal purpose
for the City to reacquire from the County all of the City's
rights under the GDU Franchises.
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NOW, THEREFORE, be it resolved by the City Counci 1 of the
City of Sebastian, Indian River County, Florida, that:
SECTION 1. TERMINATION OF AGREEMENT. Subj ect to approval
by Indian River County and execution by it of the attached
Termination Agreement, that certain Assignment Agreement entered
into by the Mayor and the City Clerk of the City of Sebastian,
Indian River County, Florida, with Indian River County, Florida,
on December 12, 1990, is hereby terminated, void, and of no
further force and effect.
SECTION 2. AUTHORIZATION OF AGREEMENT. The Mayor and the
City Clerk are hereby authorized to enter into with Indian River
County, Florida, and execute on behalf of the City a Termination
Agreement, whereby the County would reassign all rights acquired
under the Assignment to the City.
SECTION 3. CONFLICT. Upon execution of the attached
Termination Agreement, Resolution R-90-55 shall be deemed
repealed as well as any resolutions in conflict herewith.
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 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.
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SECTION 5.
EFFECTIVE DATE.
This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
__f~~~L____ .
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follows:
The
motion was seconded
by
Councilman
and,
upon being put into a vote, the vote was as
Mayor W.E.
Vice-Mayor
Councilman
Councilman
Councilman
Conyers
Frank Oberbeck
Peter R. HOlyk
Lonnie R. Powell
George H. Reid
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duly passed and
The Mayor thereupon declared this Resolution
adopted this ,;?S-r:t day of August, 1991.
~TEJT:
,--Kadt( -/177 0 ~ M t7
Kathry M. O'Halloran, CMC/AAE
City Clerk
CITY OF SEBASTIAN, FLORIDA
By' ke- ~ -
W.E. Conye ,Mayor
(SEAL)
Form and Content:
Char eS Ian Nash
City Attorney
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TERMINATION AGREEMENT
This TERMINATION AGREEMENT, is made this d%~ day of
_~2~~~~~~__, 1991, by and between THE CITY OF SEBASTIAN, a
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municipal corporation of the State of Florida, whose address is
City Hall, Sebastian, Florida 32958 (the "City"), and INDIAN
RIVER COUNTY, a political subdivision of the state of Florida,
whose address is 1840 25th street, Vero Beach, Florida 32960 (the
"County") .
RECITALS
1. The City granted a water franchise to General
Development Utilities, Inc. ("GDU") in City Ordinance No. 0-81-8
and granted a sewer franchise to GDU in City Ordinance No. 0-81-9
(collectively the "GDU Franchises") to allow GDU to operate and
maintain a water distribution and a sewage collection and
disposal system within a portion of the City.
2. On December 12, 1990, the City and County entered into
and executed an Assignment (the "Assignment"), a copy of which is
attached hereto as Exhibit "A", whereby the City transferred to
the County, and the County accepted, all of the City's right,
ti tIe and interest in the GDU Franchises, except the right to
receive any and all franchise revenues and fees owed under the
GDU Franchises, and to regulate rates and charges being charged
and collected pursuant to the GDU Franchises.
3. The County now desires to reassign to the City, and
the City desires to reacquire, all of the County's right, title
and interest in the GDU Franchises.
ACCORDINGLY, in consideration of the mutual promises,
covenants and agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
SECTION 1. REASSIGNMENT; TERMINATION. The County hereby
transfers to~he City all of the County's right, title and
interest in the GDU Franchises which was acquired by the County
under the Assignment. The Assignment is hereby terminated, void,
and of no further force and effect.
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SECTION 2. ACCEPTANCE. The City hereby accepts the
reassignment by the County of all of the County's right, title
and interest in the GDU Franchises which was acquired by the
County under the Assignment.
SECTION 3. ATTORNEY'S FEES. In any action brought to
enforce the terms and provisions of this agreement, the
prevailing party shall be entitled to recover reasonable
attorney's fees and costs incurred, including all such attorney's
fees and costs incurred at all trial and appellate court
proceedings as well as fees incurred in pursuit of settlement of
such actions.
SECTION 4. BINDING EFFECT.
condi tions of this agreement shall be
hereto and their successors in interest
All of the terms and
binding upon the parties
and assignees hereof.
SECTION 5. ENTIRE AGREEMENT. This Agreement constitutes
the entire Agreement between the parties and supersedes all
previous discussions, understandings, and agreements between the
parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Attest:"
CITY OF SEBASTIAN, FLORIDA
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By: fUZ c~
W.E. Conyer, Mayor
(SEAL)
Approved aarto form
and contefit:
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Ian Nash, City Attorney
INDIAN RIVER COUNTY, FLORIDA
Attest:
, Clerk
By:
Richard N. Bird, Chairman
(SEAL)