HomeMy WebLinkAboutO-90-16 ADD CHESSERS GAP TO GDU FRANCHORDINANCE NO.: 0-90-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO WATER DISTRIBUTION; AMENDING
ORDINANCE NO. 0-81-8 OF THE CODE OF ORDINANCES TO EXPAND THE
EXCLUSIVE FRANCHISE GRANTED TO GENERAL DEVELOPMENT
UTILITIES, INC., A FLORIDA CORPORATION, TO OPERATE AND
MAINTAIN A WATER DISTRIBUTION SYSTEM WITHIN A PORTION OF THE
CITY OF SEBASTIAN, FLORIDA, TO INCLUDE A PARCEL OF LAND
APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY
ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND
FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST
OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF
STRAIT AVENUE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILIT¥; 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
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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 ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Paragraph one of Section 1 of Ordinance No.
0-81-8 of the Code of Ordinances of the City of Sebastian,
Florida is hereby amended in its entirety to provide as follows:
"Section 1. [Grant.] There is hereby granted to the
Company for a period of thirty (30) years from the date
hereof, an exclusive franchise to construct, operate and
maintain a public water system within Units 1 through 17 of
Sebastian Highlands Subdivision, an area located within a
portion of the City of Sebastian, Florida, more specifically
described in Exhibit "A" attached hereto and made a part
hereof by reference, and the certain tract of real property
consisting of approximately 58.09 acres located south of
County Road 512, south of the intersection of County Road
512 and Fleming Street, approxi-mately three and one-half
miles west of U.S. Highway 1, also known as State Route 5,
and east of Strait Avenue, more particularly described as:
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'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. Ail of the above land now lying
in the City of Sebastian, Indian River County,
Florida,'
and in connection therewith, to construct, maintain, and
repair water lines, conduits, hydrants, service pipes,
pumping stations, and any and all other things necessary for
the purpose of conducting and distributing water in such
areas; to make housing and building connections upon, along,
in and under the roads, streets, alleys, easements and any
other public places in said areas; to repair, replace,
enlarge or extend the same, and to carry on the business of
furnishing water in said areas for a consideration, subject
to such rules and regulations as the said Council may adopt
and impose, and further subject to the conditions of this
franchise."
Section 2. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 4. SEVERABILITY. In the event a court of competent
3urisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
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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 such invalid and unconstitutional
provision, thereby causinG said remainder to remain in full force
and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption, subject to General
Development Utilities, Inc.'s acceptance in writinG of this
addition of territory to its exclusive water franchise.
The foregoinG Ordinance was moved for adoption by Councilman
O~-~E~.~ . The motion was seconded by Councilman
/~ C~u/~. 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
The Mayor thereupon declared this Ordinance duly passed and
adopted this /~'~'/-/ day of ~d~/~/f
, 1990.
ATTEST:
Kathry~ M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
CITY OF SEBASTIAN, FLORIDA
W .~E~ Cony~r>/~-yor
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I HEREBY 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 was held on
this Ordinance at 7:00 p.m. on the ./~ ~/j day of ~E~d~ 1990,
and that following said public hearing this Ordinance was passed
by the City Council.
Ka'~Sry~/M. O' H~lloran,
CMC/AA~, City Clerk
Approve~ to Form and Content:
City Attorney