HomeMy WebLinkAboutO-94-03 GDU SEWER FRANCH REPEALORDINANCE NO. 0-94-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-81-9;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC. SEWER
FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, pursuant to Ordinance No. 0-
81-9 adopted on May 11, 1981, granted General Development
Utilities, Inc. an exclusive franchise for the construction,
maintenance and operation of a public sewer system within a portion
of city limits for a period of thirty years; and
WHEREAS, in December, 1993, the City of Sebastian purchased
the Sewer Collection and Disposal System operated by General
Development Utilities, Inc. in the City of Sebastian; and
WHEREAS, General Development Utilities, Inc. agreed to
thereafter refrain from operating a Sewer Collection and Disposal
System in the city limits of the city of Sebastian; and
WHEREAS, General Development Utilities, Inc. no longer
operates a Sewer Collection and Disposal System in the City of
sebastian and has forfeited all further right and interest in the
franchise to construct, operate and maintain a public sewer system
in the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. REPEAL AND TERMINATION OF THE GENERAL
DEVELOPMENT UTILITIES, INC. PUBLIC SEWER SYSTEM FRANCHISE.
The city hereby repeals, revokes and terminates Ordinance No.
0-81-9, thereby terminating the exclusive franchise previously
granted to General Development Utilities, Inc. to construct,
operate and maintain a public sewer system within certain portions
of the City of Sebastian, Indian River County, Florida.
SECTION 2. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of this Ordinance shall not be
affected and it will 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 Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Council
Member
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
The motion was seconded by
and, upon being put to a
Council Member Norma J. Damp
Council Member Robert Freeland
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Kathr~n M~ O'~all'6~af, eMC/AAE
City Clerk
(SEAL)
The Mayor thereupon declared this Ordinance duly passed and
adopted this -- ~ day of ~~A. ,
1994.
CIT~ ~ASTi~~DA
~ L~ni~ R~ P~elU/, Mayor
I HERE~Y CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as. required
by State Statute, that one public hearing ~as held on this
Ordinance at 7:00 p.m. on the ~ day of ..,~F~LML~ , 1994, and
that following said public hearing this Ordin~6~ Was passed by the
cit~,.Council. ---- ~
K~~.~' 'O ~H ~11 o; a ~ ~/C~~ ~
City Clerk
(SEAL)
Appro~d as to. Fo~gr~nd Content:
Charles Ian Nash, City Attorney
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