HomeMy WebLinkAboutR-90-51 EXCLUD CHESSERS GAP FROM W&S FRANCHRESOLUTION NO. R-90-51
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXCLUDING CERTAIN TERRITORY FROM THE
WATER AND SEWER FRANCHISE GRANTED TO INDIAN RIVER
COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian,
Florida, adopted Ordinance No. 0-81-8 on May 11, 1981, granting
unto General Development Utilities, Inc., a Florida corporation
(hereinafter referred to as the "Company"), an exclusive
franchise for a public water system within a portion of the City
of Sebastian, Florida; and
WHEREAS, the City Council of the City of Sebastian,
Florida, adopted Resolution No. R-87-6 on January 14, 1987,
granting unto Indian River County, Florida an exclusive franchise
to furnish water and sewer service to the entire area within the
incorporated limits of the City of Sebastian, excluding the areas
in which the City had previously granted franchises to furnish
water or sewer services; and
WHEREAS, Sebastian General Partnership, B.F.T. is the owner
of a certain tract of real property located in the City of
Sebastian, Indian River County, Florida (hereinafter referred to
as the "Property"); and
WHEREAS, the Property is currently included in the
franchise granted to Indian River County, Florida; and
WHEREAS, Indian River County is not in a position to
provide potable water services to the Property and has agreed to
exclude the Property from its water and sewer franchise; and
WHEREAS, the Company is willinG to accept the Property into its
franchise territory and extend water service to the Property.
NOW, THEREFORE, be it resolved by the City Council of the
City of Sebastian, Indian River County, Florida, that:
Section 1. EXCLUSION OF PROPERTY. The franchise territory
described in ParaGraph 2 of Resolution R-87-6 shall not include
that certain tract of real property consistinG of approximately
58.09 acres located south of County Road 512, south of the inter-
section of County Road 512 and FleminG Street, approximately
three and one-half (3 1/2) miles west of U.S. HiGhway 1, also
known as State Road 5, and east of Strait Avenue, and more
particularly described as:
"A parcel of land in the NE 1/4 of Section 13, Township 31
South, RanGe 38 East, known as Chesser's Gap, described as
follows:
That part of the NW 1/4 of the NE 1/4 of Section 13,
Township 31 South, Range 38 East, lying South of Fellsmere
Road, AND ALSO the West 1/2 of the NE 1/4 of the NE 1/4 of
Section 13, Township 31 South, Range 38 East. All of the
above land now lyinG in the City of Sebastian, Indian River
County, Florida."
Section 2. CONFLICT. Those provisions of Resolution No.
R-87-6 which are in conflict with the above Section 1 are hereby
repealed. The remaining provisions of Resolution No. R-87-6
shall not be affected by the enactment of this Resolution. Ail
other provisions or parts of resolutions in conflict herewith are
hereby repealed.
2
Section 3. SEVERABILITY. In the event a court of
competent 3urisdiction 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.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption, subject to Indian River
County's acceptance in writing of the exclusion of the Property
from its water and sewer franchise.
The foregoing Resolution was moved for adoption by
Councilman //~ C~LL~Z/~ The motion was seconded by
Councilman ~X~d/~ and, upon being put into a
vote, the vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
/~ye
~y~r
3
The Mayor thereupon declared this Resolution duly passed
and adopted this t~T/~ day of /~'~n,..E/~/~/~ ,1990.
Kathry~M. O'Halloran,
CMC/A~, City Clerk
CITY OF SEBASTIAN, FLORIDA
W~. ~. ConYe~/~ay~"~
(SEAL)
App~~o Form and Content:
Charles Ian Nash,
City Attorney
4