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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 Ail ordinances or parts of ordinances in conflict herewith are hereby repealed.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 - 2 - 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 - 3 -