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HomeMy WebLinkAboutRes. No. 64-2MICROFILMED RESOLUTION NUMBER - ,. 8 A RESOLUTION CANCELLING, RESCINDING, REVOKING AND ANNULLING THAT CERTAIN AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND HICKORY SPINNERS, INC., SHUFORD MILLS, INC. AND GABLES -BY -THE -SEA, INC. ON THE 27th DAY OF NOVMEBER 1962 AND DIRECTING THAT CERTIFIED COPIES BE TRANSMITTED TO CERTAIN PERSONS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the validity of the Agreement entered into on the 27% day of Tlovember 1962 by and between the City of Cape Canaveral, Florida and Hickory Spinners, Inc., Shuford Mills, Inc. and Gables -by -the -Sea, Inc. depends upon the powers vested in the City of Cape Canaveral, Florida by the general law of the State of Florida with respect to Municipal Public Works which phase includes sewage systems, and WHEREAS, on the 27tb day of November 1962 the City of Cape Canaveral., Florida existed under and by virtue of certain general laws pertaining to municipalities and was not duly chartered by special act of the Florida Legislature until the month of May 1963, and WHEREAS, Chapter 180, Florida Statutes of 1961, under which the said City was operating on the 27th day of November 1962 specifically provides that a City may contract "with any private company or corporation which is organized for arty purpose related to the provisions of this Chapter" (referring to Municipal Public Norks), and WHEREAS, neither Hickory Spinners, Inc., Shuford Mills, Inc, or Gables -by -the -Sea, Inc. were organized or chartered as corporations to either construct, operate or maintain Municipal sewage systems, and WHEREAS, the said corporations previously mentioned were not proper companies with which the City of Cape Canaveral, Florida could lawfully contract in its Agreement of the 27b -MICr OFILIMED4-10-80 - 2 - standards; providing minimum improvements to be made or guaranteed to be made by the subdividor and prescribing penalties for the violation of the said ordinance, and WHEREAS, said Ordinance #12-62 specifically provides on page 27 "the subdivision shall be provided with a sanitary sewage collection system including interceptor sewers, lift stations and such appurtenances as to deliver the sewage to the sanitary sewer system of the City of Cape Canaveral, Florida at a convenient point of connection" all at no cost to the City of Cape Canaveral, Florida, and, WHEREAS, the said Agreement of the 27% day of November 1962 is repugnant to and in conflict with said Ordinance #12-62 and, in effect, would work a gross inequity amounting to fraud upon the citizens of the City of Cape Canaveral, Florida and other subdividors located within the corporate limits of the City of Cape Canaveral, Florida if the City were compelled to purchase from Hickory Spinners, Inc., Shuford hills, Inc. and Gables -by -the -Sea, Inc. the sewage system which they, the said corporations, have constructed or have caused to be constructed on their private subdivided properties, and WHEREAS, the said Agreement specifically does not provide for assignment by the parties to said Agreement, _and WHEREAS, the said corporations referred to in said Agreement as LANDOWNERS without the knowledge and consent of the City of Cape Canaveral, Florida did assign whatever right they may have had in said Agreement to the Cape Canaveral Utilities .Corporatign, and WHEREAS, the said Cape Canaveral Utilities Corporation .,. MICROFILM 3 - 4-10.80 A. Max Brewer, P. 0. Box 668, Titusville, Florida, Vice President and Director Gilbert S. Goshorn, P. 0. Box 668, Titusville, Florida, Secretary -Treasurer and Director, said charter providing specifically in Article IV "the amount of capital with which this corporation shall commence business shall be not less than FIVE HUNDRED ($500.00) DOLLARS", said corporation appearing as of record to have commenced business with only $500.00, 500 shares of common stock at $1.00 par value having been issued to the three previously named persons, and WHEREAS, the said City of Cape Canaveral, Florida would never have entered into any sewage system agreement with any corporation having such an insignificant net worth and com- plete inexperience and ineptness in the sewage system business, and WHEREAS, another stranger to the City's Agreement of the 27t► day of November 1962, Southern Gulf Utilities, Inc. is now professing. -an interest under the said Agreement and, in fact, has notified the City Council of agreements executed by it and/or Cape Canaveral Utilities Corporation with landowners located within the corporate limits of the City of Cape Canaveral, Florida but located outside of the schedule of land contained in said Agreement, and WHEREAS, such agreements are a violation of the City's Agreement of the 27t day of November 1962, and WHEREAS, Ordinance #12-62 of the City of Cape Canaveral, Florida specifically provides on page 16 that "public sewer Mans and specifications must hP a-nnrnve(9 Y,v the City Rnpr;— M1 ROFiLMED ." •IQ.8 - 4 - WHEREAS, the before mentioned Agreement of the 27!h day of November 1962 is merely a license or permit permitting the landowners described therein to do certain acts but placing the said landowners under no obligation to perform, the said license or permit is not in the nature of a franchise and may be cancelled or revoked at the will ,of the City Council of the City of Cape Canaveral, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA: (1) That the certain Agreement executed on the 27b day of November 1962 by and between the City of Cape Canaveral, Florida and Hickory Spinners, Inc . , Shuford Mills, Inc. and Gables -by -the -Sea, Inc. be and the same is hereby cancelled, rescinded, revoked and annulled and is no longer of any force or effect. (2) That the City Clerk of the City of Cape Canaveral, Florida forthwith, by registerd air mail services of the United States Government, direct a certified copy of this Resolution to Hickory Spinners, Inc., Shuford Mills, Inc., Gables -by -the -Sea, Inc . , Cape Canaveral Utilities Corporation, and Southern Gulf Utilities, Inc. (3) That this Resolution shall become effective immediately upon its adoption and approval by the City Council of the City of Cape Canaveral, Florida ADOPTED AND APPROVED THIS 21st DAY OF JANUARY 1964.