3/20/2019 2:10:32 PM
9/30/2015 3:57:22 PM
State Filed Date
Section 105.09 Added
Limiting Waiver of Sovereign Immunity
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5 / 24/95 (ord \ coxrx.ract _ doc) Ow <br />ORDINANCE 95- 14 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, <br />FLORIDA, LIMITING THE WAIVER OF SOVEREIGN <br />IMMUNITY WITH RESPECT TO CONTRACTS TO THE <br />EXPRESS WRITTEN TERMS OF THE CONTRACTS. <br />WHEREAS, in Florida sovereign immunity is the rule rather than <br />the exception, and <br />WHEREAS, the legislature has, by general law, explicitly empowered <br />counties to enter into contracts; and <br />WHEREAS, it is in the public interest to delineate the extent to <br />which the County waives sovereign immunity with respect to contracts, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF <br />COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: <br />SECTION 1. NEW SECTION. <br />A new Section 105.09 is added to read as follows: <br />Section 105.09. Waiver of sovereign immunity in contracts. <br />Notwithstanding any specific contractual language to the contrary, <br />in any contract executed by the Chairman of the Board of County <br />Commissioners on behalf of the County, the County shall be bound only <br />by the express written terms of the contract as originally written or as <br />expressly modified by a written document executed by the Chairman. <br />No action or demand for arbitration shall be commenced against the <br />County based on an implied covenant within the express written terms <br />of the contract or upon a provision implied by law. Failure of a party <br />to comply with the express written terms of the contract shall act as a <br />bar to any action or arbitration by said party against the County. <br />This represents the limits of waiver of sovereign immunity by the <br />County with regard to County contracts. <br />SECTION 2. SEVERABILITY. <br />If any section, or any sentence, paragraph, phrase, or word of <br />this ordinance is for any reason held to be unconstitutional, <br />inoperative, or void, such holding shall not affect the remaining <br />portions of this ordinance, and it shall be construed to have been the <br />legislative intent to pass the ordinance without such unconstitutional, <br />This ordinance shall become effective upon becoming law. <br />Approved and adopted by the Board of County Commissioners of <br />Indian River County, Florida, on this 2 7 day of June 19950 <br />This ordinance was advertised in the Vero Beach Press -Journal on <br />the 8 day of J u n e 1995, for a public hearing to be held on <br />the 2 7 day of J u n e 1995, at which time it was moved for <br />invalid <br />or inoperative <br />part. <br />SECTION <br />3. EFFECTIVE <br />DATE. <br />This ordinance shall become effective upon becoming law. <br />Approved and adopted by the Board of County Commissioners of <br />Indian River County, Florida, on this 2 7 day of June 19950 <br />This ordinance was advertised in the Vero Beach Press -Journal on <br />the 8 day of J u n e 1995, for a public hearing to be held on <br />the 2 7 day of J u n e 1995, at which time it was moved for <br />
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