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HomeMy WebLinkAbout1995-145 / 24/95 (ord \ coxrx.ract _ doc) Ow ORDINANCE 95- 14 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, LIMITING THE WAIVER OF SOVEREIGN IMMUNITY WITH RESPECT TO CONTRACTS TO THE EXPRESS WRITTEN TERMS OF THE CONTRACTS. WHEREAS, in Florida sovereign immunity is the rule rather than the exception, and WHEREAS, the legislature has, by general law, explicitly empowered counties to enter into contracts; and WHEREAS, it is in the public interest to delineate the extent to which the County waives sovereign immunity with respect to contracts, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. NEW SECTION. A new Section 105.09 is added to read as follows: Section 105.09. Waiver of sovereign immunity in contracts. Notwithstanding any specific contractual language to the contrary, in any contract executed by the Chairman of the Board of County Commissioners on behalf of the County, the County shall be bound only by the express written terms of the contract as originally written or as expressly modified by a written document executed by the Chairman. No action or demand for arbitration shall be commenced against the County based on an implied covenant within the express written terms of the contract or upon a provision implied by law. Failure of a party to comply with the express written terms of the contract shall act as a bar to any action or arbitration by said party against the County. This represents the limits of waiver of sovereign immunity by the County with regard to County contracts. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 2 7 day of June 19950 This ordinance was advertised in the Vero Beach Press -Journal on the 8 day of J u n e 1995, for a public hearing to be held on the 2 7 day of J u n e 1995, at which time it was moved for invalid or inoperative part. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 2 7 day of June 19950 This ordinance was advertised in the Vero Beach Press -Journal on the 8 day of J u n e 1995, for a public hearing to be held on the 2 7 day of J u n e 1995, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Adams and adopted by the following vote The' Chairman thereupon declared the ordinance duly passed and adopted this 2.7 _ „day of June 1995* `L ., BOARD OF COUNTY COMMISSION Aettest .T INDIAN IVER COUNTY FLORIDA A jx e r f'117 / By '�J re ~ < D' n, Clerk Kenneth R . acht, Chairman Acknowledgement by the Department of State of the State of Florida, •thish day of 71i1 , 1995. Effective date : Acknowledgement from the Department of State received on this llthday of July 1995, at 10:30 a.m/j3R. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Indian Rivar Cu Ai)Oroved Admin. S"� Legal Budget Dept. Risk Mgr. Aye Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John B. Tippin The' Chairman thereupon declared the ordinance duly passed and adopted this 2.7 _ „day of June 1995* `L ., BOARD OF COUNTY COMMISSION Aettest .T INDIAN IVER COUNTY FLORIDA A jx e r f'117 / By '�J re ~ < D' n, Clerk Kenneth R . acht, Chairman Acknowledgement by the Department of State of the State of Florida, •thish day of 71i1 , 1995. Effective date : Acknowledgement from the Department of State received on this llthday of July 1995, at 10:30 a.m/j3R. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Indian Rivar Cu Ai)Oroved Admin. S"� Legal Budget Dept. Risk Mgr.