ORDINANCE NO. 18-01
AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA; GRANTING A WATER FRANCHISE TO THE CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE WATER FRANCHISE AGREEMENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, this Ordinance is adopted in accordance the powers granted to and vested in the Town under the Town Charter, Florida Municipal Home Rule Powers Act, Chapter 180, Florida Statutes pertaining to municipal public works and other applicable law; and
WHEREAS,the City of Melbourne currently provides potable water service and public fire hydrant service within the jurisdictional limits of the Town of Indialantic pursuant to an existing water franchise agreement with the Town that is due to expire; and
WHEREAS,the Town and the City of Melbourne have negotiated a new water franchise agreement, which is attached hereto and set forth herein, granting the City of Melbourne a new thirty (30) year water franchise to provide potable water service to customers and public fire hydrant service within the Town; and
WHEREAS, the Town Council hereby finds it is in the best interests of the Town and its citizens, businesses and property owners and tenants to grant the City of Melbourne a new water franchise to provide potable water and public fire hydrant service within the jurisdictional limits of the Town.
NOW, THEREFORE, BE IT ENACTEDby the Town Council of the Town of Indialantic, Brevard County, Florida:
SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as a material part of this Ordinance.
SECTION 2. Grant of Water Franchise. The Town Council hereby grants a water franchise to the City of Melbourne, Florida for a period of thirty (30) years in accordance to the terms and conditions set forth in the Water Franchise Agreement which is attached hereto as EXHIBIT “A” and fully incorporated herein by this reference. That the right, privilege, authority, consent and franchise granted by the Town may be exercised by the City of Melbourne, or any successors and assigns approved by the Town in accordance with the Water Franchise Agreement, upon approval and execution of the Water Franchise Agreement by the Town and the City of Melbourne, all subject nevertheless to the terms and conditions set forth in the Water Franchise Agreement. That when this Ordinance is duly adopted and the Water Franchise Agreement fully executed by the parties, the water franchise granted herein shall constitute a contract between the Town and the City of Melbourne, and shall supersede the previous water franchise agreement between the parties.
SECTION 3.Direction to the Town Manager. Upon adoption of this Ordinance by the Town Council, the Town Manager is hereby authorized and directed to undertake whatever actions may be reasonably necessary in executing and implementing the Water Franchise Agreement.
SECTION 4. Severability Clause/Interpretation. In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.
SECTION 5. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance.
PASSED by the Town Council of the Town of Indialantic on first reading on the 11th day of October, 2017, and ADOPTED by the Town Council of the Town of Indialantic, Florida, on finalreading on the8thday of November, 2017.
TOWN OF INDIALANTIC
______
David Berkman
Mayor
ATTEST: ______
Joan Clark
Town Clerk
1st reading: October 11, 2017
2nd reading: November 8, 2017
Effective Date: November 8, 2017
Town of Indialantic Ordinance No. 18-01
Page 1 of 2