HomeMy WebLinkAboutR-96-48 WAIVE 60 REQ FOR IRC-SEB INTERLOCALRESOLUTION NO. 11-96-48
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, WAIVING THE SIXTY DAY REQUIREMENT
iMPOSED BY SECTION 6.07(B) OF THE INTERLOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN
PROVIDING FOR THE TRANSFER OF THE CITY OF SEBASTIAN
WATER AND WASTEWATER SYSTEM; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
ltEREWlTIt; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council entered into an Interlocal Agreement with Indian River County
providing for the transfer of the City of Sebastian Water and Wastewater System on September 20,
1995; and
WHEREAS, Section 6.07 (B) of the Interlocal Agreement empowers the County to finance,
construct, acquire or extend water or wastewater transmissions, distribution or collection facilities
and improvements and impose special assessments therefore upon benefitted parcels located within
the incorporated area of the City, and further provides that the County notify the City of its intent to
do so and provide a period of sixty days for the City to opt to finance, construct, acquire or extend
the proposed facilities and improvements and impose special assessments upon benefitted parcels; and
WHEREAS, City Council, by consensus at its March 27, 1996 Regular Meeting, directed
the City Manager to request Indian River County to conduct the assessment hearings for the water
expansion program; and
WHEREAS, the Indian River County Commission, at its June 18, 1996 meeting, considered
the City Manager's recommendation for the County to do the assessments and proceed with the water
expansion project and opted to proceed with the creation of a Municipal Service Benefit Unit District
0VISBU) in accordance with the Interlocal Agreement; and
WHEREAS, in order for Indian River County to proceed with installation of water lines and
establish the MSBU District, the sixty day time period must be waived; and.
WHEREAS, the City Council deems it in the best interest of the citizens of Sebastian that
Indian River County proceed as soon as possible on the water expansion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
~ WAIVER OF SIXTY DAY NOTICE REQUIREMENT. It is the intention
of the City Council that the sixty day notice requirement imposed by Section 6.07(B) of the Interlocal
Agreement providing for the transfer of the City of Sebastian Water and Wastcwater System on
September 20, 1995, is hereby waived·
~. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
~. SEVERABILITY. In the event a court of competent jurisdiction 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 said invalid and
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
passage.
/ The
EFFECTIVE DATE. This Resolution shall take effect immediately upon final
foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The
Mayor thereupon declared this Resolution duly passed and adopted thi~,/___~ay of
,1996.
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Kath .ryn M. O~Ialloran, CMC/AAE
City Clerk
- Approved as to FOrm and Content:
Valerie F. Settles, City Attorney
CITY OF SEBASTIAN, FLORIDA
Louise R. Cartwright, Mayorc~
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