HomeMy WebLinkAboutO-94-02 GDU WATER FRANCH REPEALORDINANCE NO. 0-94-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-81-8;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC. WATER
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-
81-8 adopted on May 11, 1981, granted General Development
Utilities, Inc. an exclusive franchise for the construction,
maintenance and operation of a public water system within a portion
of city limits for a period of thirty years; and
WHEREAS, in December, 1993, the City of Sebastian purchased
the Water Distribution 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 Water Distribution System in
the city limits of the city of Sebastian; and
WHEREAS, General Development Utilities, Inc. no longer
operates a Water Distribution System in the City of Sebastian and
has forfeited all further right and interest in the franchise to
construct, operate and maintain a public water 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 WATER SYSTEM FRANCHISE.
The City hereby repeals, revokes and terminates Ordinance No.
0-81-8, thereby terminating the exclusive franchise previously
granted to General Development Utilities, Inc. to construct,
operate and maintain a public water 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hereby repealed.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 ~/~~ The motion was seconded by
Council Member~_ and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
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The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of ~~,~
Kathry~"M~ O'Halloran,' CMC/A~E
city Clerk
, 1994.
~ie R. P~ll, hv~yor
(SEAL)
I HEREBY. CERTIFY that notice of public hearing on this
lDrdinance was published in the Vero Beach Press Journal as required
by State Statute, that one p~b~ic heariQg _was held on this
Ordinance at 7.00 p.m. on the ~ day of ~t6~ , 1994, and
that following said public hearing this Ordinance waS passed by the
cit~Council.
Kathry~ M. 0 Hallora~' ~MC/~AE
City Clerk
(SEAL)
..Approv~ as ,t°~F~d- _C. ontent:
~Charles Ian Nash, City Attorn y
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