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Home My WebLink About2000-298i 40 J- oo 00,299 The Indian River County Board of County Commissioners hereby subscribes to City of Sebastian Resolution No. R-96-48 and the City of Sebastian's waiver of the sixty-day notice requirement as set forth therein. Dated this 3 r def October, 2000. Attest: J. K. Barton, C ED Deputy Clerk d BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By' mal Fran B. Adams, Chairman APPROVED AS TO FORM AND LEGAL. SUFFICIENCY PAUL. - BAN C0UNTY ATT ffNEY O • Office of INDIAN RIVER COUNTY ATTORNEY ' Board Cautird, City, County 8c Local Government Law Paul G. ttangel, County Attorney' Wilharn G. Collis 11, Deputy County Attorney' September 27, 2000 MEMORANDUM To: Board of County Commissioners From: Paul G. Rangel, County Attorney•v� - Re: Sebastian Water Expansion Special Assessment Section 6.07(B) of the Interlocal Agreement Providing for the Transfer of the City of Sebastian Water and Wastewater System, dated September 20,1995, contains a sixty-day notice provision whereby the County provides the City with notice of a proposed special assessment in order for the City to consider undertaking the project and imposing a special assessment. Section 7.07 of the agreement provides for a waiver to be "executed in writing by all parties hereto." By Resolution No. R-96-48, a copy of which is provided herewith, the City of Sebastian waived the above -referenced sixty-day notice requirement. A certified copy of the resolution will be +made available for inclusion in the Board's records. It is recommended that the Board of County Commissioners subscribe to the waiver contained in City of Sebastian Resolution No. R-96-48. Recommendation: It is recommended that the Board of County Commissioners authorize the Chairman to execute a document subscribing to City of Sebastian Resolution No. R-96-48. PGB Enclosure cc: James E. Chandler, County Administrator Donald R. Hubbs, P.E., Director of Utility Services James D. Chastain, Manager of Assessment Projects, Department of Utility Service.q 1840 25'" Street, Vero BL-ach, FI: 12960 Telephone (561) 567-8000, F.xt. 142.1 • Farmntilt• (561) 569-4317 Ll • 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 I, Sally A. Maio, do hereby certify that the attached is a true and correct copy of: Resolution No. R-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 HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. As Adopted by the Sebastian City Council on June 26, 1996. hereby affix my signature this 27th day of September, 2000. Sally A. Mlaio, CMC Deputy City Clerk Q D c RESOLUTION NO. R 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 HEREWITH; 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 (MSBU) 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: Section 1. 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 Wastewater System on September 20, 1995, is hereby waived. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. 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. Section 4 EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember 51,2 � The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright C7ti1% 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�_� elilay of 1996. 2 im0 I CITY OF SEBASTIAN, FLORII ,' ate- �[,�a�c4't' By:,X;:� / I Lei-�-F. ✓/ / �F�� Lo6ise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Foran and Content: - LSO , st'o k7�tC- _L/)C,--. Valerie F. Settles, City Attorney I