64RESOLUTION NUMBER 64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ENTITLED:
A RESOLUTION AUTHORIZING SILVER RIDGE
PRIVATE SERVICES CORPORATION, a FLORIDA
CORPORATION.A NONEXCLUSIVE FRANCHISE TO
OWN, MAINTAIN AND OPERATE SEWAGE FACILITIES
UPON LANDS TO BE ANNEXED TO THE CITY OF
EDGEWATER, FLORIDA AND SPECIF,�Y_,,,IA!�N.GG,r,.THE
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TERMS AND CONDITIONS OF SAID 4061* 4 Z
FRANCHISE.
WHEREAS, the owners of the following described real estate
have petitioned the City of Edgewater, Florida for annexation
pursuant to Article IV of the Charter of the City of Edgewater,
Florida, the said lands being described as follows:
The Southwest one -quarter of the Northeast
one -quarter and 9.785 acres described as follows:
Beginning at an iron pin on the Southeast
corner of the Northwest one -quarter of the
Northeast one -quarter and running West a
distance of 1320 feet to a corner; thence
North a distance of 83 feet to a corner;
thence Northeast a distance of 1145.7 feet
to a corner on the Westerly side of the State
Road; thence Southeast along the State Road
a distance of 618.4 feet to a corner; thence
South a distance of 24.3 feet to a point of
beginning. All of the above being located in
Section 2, Township 18 South, Range 34 East
in Volusia County, Florida.
AND WHEREAS, the election required pursuant to Article IV
of the charter of the City of Edgewater, Florida has been
called for November 3, 1964; and
WHEREAS, Silver Ridge Private Services Corporation, a
Florida corporation, is the owner of sewage facilities in and
upon the above described lands herein sought to be annexed and
has for a period of two years or more exclusively provided
valuable services to the lands above described in the way of
sewage facilities for the property owners therein; and
WHEREAS, in the event of the annexation of the above lands
the City of Edgewater, Florida will be unable to provide
sewage facilities to the above described lands in the immediate
foreseeable future; and
WHEREAS, Silver Ridge Private Services Corporation has
agreed to provide adequate sewage facilities to the above
described lands in accordance with the requirements of the City
of Edgewater, Florida until the City of Edgewater, Florida will
be able to provide sewage facilities for the above described
lands; and
WHEREAS, it is to the best interests of the City of
Edgewater, Florida that upon annexation of the above described
lands adequate sewage facilities be provided; and
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WHEREAS, the granting of 4/i exclusive franchise herein
will in no way interfere with the existing sewage facilities
of the City of Edgewater, Florida or any agreements made per-
taining thereto.
NOW THEREFORE,
BE IT RESOLVED
BY THE
CITY COUNCIL OF THE CITY
OF EDGEWATER,
FLORIDA AT
Special
MEETING ASSEMBLED
THIS 23rd DAY OF OCTOBER,
1964:
Section 1. That upon the annexation of the lands hereinabove
described to the City of Edgewater, Florida pursuant to Article
IV of the Charter of the City of Edgewater, Florida, that Silve:
Ridge Private Services Corporation, its successors or assigns,
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be and it is thereby granted a/exclusive franchise in and upon
the above described lands for the purpose of providing sewage
facilities for said lands.
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Section 2. That the/exclusive franchise herein granted shall
exist until such time as the City of Edgewater, Florida elects
to provide sewage facilities in the area hereinabove described.
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Section 3. That upon the election of the City of Edgewater,
Florida to provide sewage facilities in the area hereinabove
described, the City of Edgewater shall purchase from Silver
Ridge Private Services Corporation or its successors or assigns,
iM facilities then owned, operated and maintained by the said
Silver Ridge Private Services Corporation in and upon the area
herein described at its then fair value, and shall likewise have
the option to purchase the disposal plant.
Section 4. That upon the purchase by the City of Edgewater
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of the facilities hereinabove set forth, this/exclusive fran-
chise shall cease and terminate and the City of Edgewater shall
thereafter maintain any and all sewage facilities in the area
hereinabove described.
Section 5. That the Mayor and the City Clerk be and they are
hereby authorized and directed to execute on behalf of the
City of Edgewater, Florida any and all agreements between it
and Silver Ridge Private Services Corporation necessary to
carry out the terms and conditions of this resolution.
Section 6. That all resolutions or parts of resolutions in
conflict herewith are hereby repealed.
Section 7. That this resolution shall take effect immediately
upon its adoption.
The above and foregoing Resolution was introduced by
Councilman Cairnie , who moved its
adoption, which Motion was seconded by Councilman Siller
and the same was duly
declared adopted at the Special meeting of the
City Council of the City of Edgewater, Florida, held at the
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City Hall this 23rd day of October, A. D. 1964, and a roll
call vote being taken the same resulted as follows:
Council
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Councilman
Councilman
Councilman
Authenticated as provided by law this 23rd day of October,
1964.
i
Mayor
A G R E E M E N T
THIS AGREEMENT, Made this 23rdday of October, A. D. 1964,
by and between the CITY OF EDGEWATER, a municipal corporation
of the State of Florida, hereinafter called the party of the
first part, and SILVER RIDGE PRIVATE SERVICES CORPORATION, a
Florida corporation, hereinafter called the party of the second
part,
WITNESSETH:
1. That the owners of the following described real estate
located in Volusia County, Florida have petitioned the party of
the first part for annexation pursuant to Article IV of the
Charter of the City of Edgewater, Florida:
The Southwest one -quarter of the Northeast one -
quarter and 9.785 acres described as follows:
Beginning at an iron pin on the Southeast corner
of the Northwest one -quarter of the Northeast
one -quarter and running West a distance of 1320
feet to a corner; thence North a distance of 83
feet to a corner; thence Northeast a distance of
1145.7 feet to a corner on the Westerly side of
the State Road; thence Southeast along the State
Road a distance of 618.4 feet to a corner; thence
South a distance of 24.3 feet to a point of begin-
ning. All of the above being located in Section 21
Township 18 South, Range 34 East in Volusia County,
Florida.
2. That the election required under the Charter has been
called by the City of Edgewater, Florida for November 3, 1964.
3. That the party of the second part is and for over
two years has owned, maintained and operated sewage facilities
in and upon the lands hereinabove described.
4. That the party of the first part owns, maintains and
operates sewage facilities within the City of Edgewater, Florida.
5. That the existing sewage facilities of the City of Edge-
water, Florida will not be extended to the above described
land in the immediate future.
6. That until such time as the City of Edgewater, Florida
extends sewage facilities so as to include the above described
lands, it is necessary that sewage facilities be provided for
said lands.
NOW, THEREFORE, in consideration of the agreements herein con-
tained, it is mutually agreed as follows:
1. That upon the annexation of the above described lands into
the City of Edgewater, Florida the party of the first part
hereby agrees to grant to the party of the second part, its
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successors and assigns, a/ exclusive franchise for the ownership,
operation and maintenance of sewage facilities within the
above described area.
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2. That the/exclusive franchise herein granted shall exist
only until such time as the party of the first part shall elect
to provide sewage services to the said area.
3. That upon the election of the party of the first part to
provide sewage facilities to the above described area, the
party of the second part hereby agrees that the franchise
herein granted shall terminate and it shall cease the owner-
ship, maintenance and operation of its facilities. That the
party of the first part shall purchase the facilities owned by
the party of the second part, its successors or assigns, at
its then fair value, and shall likewise have the option to purchase
the disc- sal plant.
4. The parties hereto agree that the fair value of the
facilities owned by the party of the second part shall be
determined in the following manner: The parties hereto shall
each designate a gualifted appraiser to thoroughly and scientif-
ically appraise the total value of the assets of the party of
the second part. That the two appraisers shall then designate
and appoint a third appraiser who shall likewise appraise the
fair value of the assets and the said appraisers shall then
agree upon a fair value. The parties hereto agree that the
decision of a majority of the appraisers shall be binding upon
the parties hereto and the party of the first part shall pay
to the party of the second part the value determined by said
appraisal.
5. That the parties hereto specifically agree that the fran-
chise herein granted shall not in any way interfere with the
sewage program now in existence in the City of Edgewater,
Florida.
6. That the party of the second part shall comply with all
requirements and regulations of the City of Edgewater, Florida
with regard to the operation, maintenance and management of
the facilities so long as this agreement shall be in effect.
7. That the parties hereto further agree to execute any and
all documents or instruments necessary in order to carry out the
full intent of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused these pre-
sents to be executed by their proper officers this 24rd
a `,Yday of October, A. D. 1964.
ATTEST:
,city Clrk
CITY OF EDGEWATER, FLORIDA
i
SILVER RIDr`.A?E S$&bICES CORPORM)
BY
. .- Yra.taen
Secretary ��