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CHESSER GAP 1/8/91(LEGAL)Reso3(Vk)
RESOLUTION NO. 91- 7
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, EXCLUDING CERTAIN TERRITORY
FROM THE WATER FRANCHISE GRANTED TO
INDIAN RIVER COUNTY, ITS SUCCESSORS AND
ASSIGNS, BY THE CITY OF SEBASTIAN;
PROVIDING FOR REPEAL OF RESOLUTION OR
PARTS OF RESOLUTION IN CONFLICT
HEREWITH; AND PROVIDING FOR SEVERABILITY
AND EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian,
Florida (City), adopted Ordinance No. 0-81-8 on May 11,
1981, granting unto General Development Utilities, Inc.
(GDU), an exclusive franchise for a public water system
within a portion of the City; and
WHEREAS, the City Council adopted Resolution No. R-87-6
on January 14, 1987, granting unto Indian River County,
Florida (County), an exclusive franchise to furnish water
service to the entire area within the incorporated limits of
the City, excluding the areas in which the City had
previously granted franchises to furnish water services; and
WHEREAS, Sebastian General Partnership, B.F.T. (the
Owner) is the owner of a certain tract of real property
located in the City (the Property) and needs a public water
supply; and
WHEREAS, the Property is currently included in the
franchise granted to County; and
WHEREAS, County is not in a position to provide potable
water services to the Property and has agreed to exclude the
Property from its water franchise; and
WHEREAS, GDU is willing to accept the Property into its
franchise territory and extend water service to the
Property,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, that:
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Resolution No. 91 -
Section 1. Exclusion of Properly.
For potable water service only, the franchise territory
described in Paragraph 2 of Resolution R-87-6 shall not
include that certain tract of real property consisting of
approximately 58.09 acres located south of County Road 512,
south of the intersection of County Road 512 and Fleming
Street, approximately three and one-half miles west of U.S.
Highway #1, also known as State Road 5, and east of Strait
Avenue, and more particularly described as:
A parcel of land in the NE} of Section 13,
Township 31 South, Range 38 East, known as
Chesser's Gap, described as follows:
That part of the NW$ of the NE} of Section 13,
Township 31 South, Range 38 East, lying south of
Fellsmere Road, AND ALSO the West } of the NE} of
the NE} of Section 13, Township 31 South, Range 38
East. All of the above land now Tying in the City
of Sebastian, Indian River County, Florida.
Section 2. Conflict.
Those provision of Resolution No. R-87-6 which are in
conflict with the above shall not be effective for the
property described in Section 1 above. The remaining
provisions of Resolution No. R-87-6, including the franchise
for sewer service, shall not be affected by the enactment of
this resolution. All other provisions of parts of
resolution in conflict herewith are hereby repealed.
Section 3. Severabilily.
In the event that 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
County did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed
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Resolution No. 91- 7
that the County would have enacted the remainder of the
resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
Section 4. Effective Date.
This resolution shall take effect immediately upon its
adoption.
The resolution was moved for adoption by Commissioner
Eggert and the motion was seconded by Commissioner
Scurlock , and, upon being put to a vote, the vote
was as follows:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 15_ day of January , 1991.
Aft.es t.;
BOARD OF COUNTY COMMISSIONERS
INDIAN RI R COUNTY, FLORIDA
By
67,7a- Arr
Chairman
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