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O <br />O <br />0) <br />CHESSER GAP 1/8/91(LEGAL)Reso3(Vk) <br />RESOLUTION NO. 91- 7 <br />A RESOLUTION OF INDIAN RIVER COUNTY, <br />FLORIDA, EXCLUDING CERTAIN TERRITORY <br />FROM THE WATER FRANCHISE GRANTED TO <br />INDIAN RIVER COUNTY, ITS SUCCESSORS AND <br />ASSIGNS, BY THE CITY OF SEBASTIAN; <br />PROVIDING FOR REPEAL OF RESOLUTION OR <br />PARTS OF RESOLUTION IN CONFLICT <br />HEREWITH; AND PROVIDING FOR SEVERABILITY <br />AND EFFECTIVE DATE. <br />WHEREAS, the City Council of the City of Sebastian, <br />Florida (City), adopted Ordinance No. 0-81-8 on May 11, <br />1981, granting unto General Development Utilities, Inc. <br />(GDU), an exclusive franchise for a public water system <br />within a portion of the City; and <br />WHEREAS, the City Council adopted Resolution No. R-87-6 <br />on January 14, 1987, granting unto Indian River County, <br />Florida (County), an exclusive franchise to furnish water <br />service to the entire area within the incorporated limits of <br />the City, excluding the areas in which the City had <br />previously granted franchises to furnish water services; and <br />WHEREAS, Sebastian General Partnership, B.F.T. (the <br />Owner) is the owner of a certain tract of real property <br />located in the City (the Property) and needs a public water <br />supply; and <br />WHEREAS, the Property is currently included in the <br />franchise granted to County; and <br />WHEREAS, County is not in a position to provide potable <br />water services to the Property and has agreed to exclude the <br />Property from its water franchise; and <br />WHEREAS, GDU is willing to accept the Property into its <br />franchise territory and extend water service to the <br />Property, <br />NOW, THEREFORE, BE IT RESOLVED by the Board of County <br />Commissioners of Indian River County, Florida, that: <br />1 <br />