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<br />COU4,t OF04DIAa
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<br />S0 Bret he is Burne
<br />at fifer, BRach,in.lndi,
<br />VERO BEACH PRESS -JOURNAL
<br />Published Daily
<br />i&Iieach, Indian River County, Florida
<br />TE OF FLORIDA
<br />lhonty personally appeared J. J. Schumann. Jr, who on oath
<br />bf the Vero Beach Press -Journal• a daily newspaper pubtlshed
<br />my. Florida: that the attached copy of advertisement, paing
<br />in thematter of
<br />in the Cuart. :: is c,io
<br />fished ,n said newspaper in the issues of / 93
<br />Affiant further says that file said Vero Beach Press•Journal is a newspal, r pub'- h+id jt
<br />Vero Beach in said Indian Rivor Gnunly, Florida. and that the said newspaper has P titre
<br />been rentmuously uubinhed in said Indian River County. Florida each daily aw.l n,. r_n
<br />antered as second class mail matter it the post office in Veru Beach, in said Indian Fivi.r L;yu'J.
<br />ly. Florida• for a period of one year next precedmq the first publication of the attacned ,rny of
<br />advertisement, and alliant further says that he has neither pard not promised any pe•s..1. t .
<br />or corpoiann, any discount, reh.it, commission Of refund fcr the purpose b! ;� a
<br />advertisement for publrcabnn in Ihn said newspaper
<br />Sworn to and subscr•hed bet i mn
<br />ay,I A.D. 19
<br />n`
<br />iCinr4 .., mu i : ul CGurt, piNan Rwer Cdunty. Fl•.in :--
<br />CiEALI
<br />NOTICE OF PUBLIC HEARING
<br />The Indian River Board of County Commis-
<br />sioners will hold, a public hearing. October 5,
<br />1983, at 10:30 a.m., in the Commission Cham-
<br />bers located at 1840 25th Street, Vero Beach,
<br />Florida, to consider adoption of the following
<br />resolution:
<br />RESOLUTION NO.
<br />A RESOLUTION OF THE BOARD OF
<br />COUNTY COMMISSIONER$ OF INDIAN
<br />RIVER COUNTY AMENDING THE GENERAL
<br />DEVELOPMENT UTILITIES, INC., WATER
<br />AND SEWER FRANCHISE AGREEMENT TO
<br />PROVIDE FOR THE "PASS-THROUGH" OF
<br />INCREASES IN THE COUNTY WHOLESALE
<br />WATER RATE AND PROVIDING FOR THE IM-
<br />POSITION OF A FRANCHISE FEE AND
<br />PROVIDING FOR A MODIFICATION OF THE
<br />FRANCHISE AREA.
<br />WHEREAS, General Development Utilities,
<br />Inc. (Utility) has proposed certain amend-
<br />ments to their water and sewer franchise; and
<br />WHEREAS, the Utility's franchise dated
<br />May 5, 1960, allows it to provide water and
<br />sewer service In a portion of Indian River
<br />County; and
<br />WHEREAS, the Utility desires to clarity the
<br />procedures for the processing of general rate
<br />increase applications and to simplify the
<br />procedures for the "pass-through" to its cus-
<br />tomers of rate changes imposed ch it by the
<br />County under an agreement to purchase
<br />wholesale water utility service from the Coun-
<br />ty,and
<br />WHEREAS, the Utility desires to revise Its
<br />franchised territory; and
<br />WHEREAS, the County consistent with cur-
<br />rent policy desires to impose a franchise fee
<br />on the provision of walnr and sewer aervires
<br />by the Utility; and
<br />WHEREAS, the County desitss to reserve
<br />the right to adopt, in addition to the provisions
<br />herein contained and existing applicable
<br />resolutions or laws, such lees and Charges as
<br />it shall find necessary in the eyerciss of the
<br />pollee power and lawful authortly veered rn
<br />said County. and
<br />W1fERFAS, affsr public heating the Board
<br />finds It is in the public Interest to amend the
<br />franchise to accomplish each of the foregoing
<br />purposes, and
<br />NOW, THEREFORE, BE iT RESOLVED by
<br />the Board of County Cornmissioners of Indian
<br />River County, Florida; that the Resolution
<br />dated April 5, 1960, between Indian River
<br />County; Florida, and General Development
<br />Utilities, Inc., as, subsequently amended by
<br />Resolution 77.95, Resolution 80-15. and
<br />4'in-,r.hir,ri� A! 1^1 la I.r :, , n -, n nt ,. 1.,
<br />bounded on the East by the Indian River West
<br />Shoreline in Township 33 South, Range 40'
<br />East.
<br />2. Section 17 of the original resolution is
<br />hereby amended to read as follows:
<br />SECTION 17
<br />a. Except as provided in paragraph b of this
<br />section, should the Utility desire to adjust any
<br />charges heretofore established and approved
<br />by the Board, then the Utility shall notify and
<br />make application to the Board in writing, set-
<br />ting forth a schedule of rates and charges
<br />which It proposes. Within ninety (90) days
<br />after notice as aforesaid, the Board shall hold
<br />a public hearing on such request, notice of
<br />which shall be given by publication in a news-
<br />paper regularly published in said County, at
<br />least one time not more than one month nor
<br />less than one week preceding such hearing.
<br />Certified proof of publication of such notice
<br />shall be filed with the Board. The Board will
<br />approve or disapprove said increase in rates
<br />within sixty (60) days after said public hear-
<br />ing. If the Board has not acted within one
<br />hundred twenty (120) days after the initial no-
<br />tice by the Utility,theh the Utility may forthwith
<br />put such amended schedule of rates and
<br />charges into effect: If the Utility should raise
<br />rates or charges as hereinabove staled prior
<br />to action by the Board, the difference between
<br />the Implemented rates and the previously au-
<br />thorized rates she" be collected under bond
<br />and subject to refund for a period of one hun-
<br />dred twenty (120) days Upon the expiration of
<br />said one hundred twenty (120) day period, if
<br />no action has been taken by the Board, there
<br />shall be no further obligation on the part of
<br />the Utibty to to -fund any montes, and the bond
<br />with nn longer be in force: and the increase In
<br />rales or charges shall continue as if the re-
<br />quest of the utility had been granted 11 the
<br />Board onto,% an order approvirg cur dlow
<br />proving the rate im:.resse prior to the time. the
<br />req,irrst is dt•r•meif to have been granted, and
<br />the Utility or any person fools aggrinved by
<br />such order, then the Utility or such person
<br />may seek to -view of the Board`9 action by pro
<br />ce9rlings m We Circuit Court of the County
<br />b It at any time life Utility is purchasing all
<br />or any portion of Its.UNity services from Indian
<br />River County and redistributing such services
<br />to its customers, the Utility's rates to Its cus-
<br />tomers shall be automatically Increased or do -
<br />tressed without hearing, upon verified notice
<br />to the Board thirty (30) days prior to the Uiil-
<br />ity's implemenlation of the increase or de-
<br />creaso that therates. charged to the Utility by
<br />Ind -an p„nr rritinty nr iia *-,n
<br />sary of the effective date of this sec-
<br />tion, the Utility, Its successors or as-
<br />signs, shall pay to the County or its
<br />successors an amount which, when
<br />added to the amount of all county
<br />taxes, licenses and other Impositions
<br />levied or Imposed upon the Utility's
<br />Property, business or operations for
<br />the preceding tax Year, will equal six
<br />percent (6%) of gross company reve-
<br />nues (excluding coniributions-in-aid-
<br />of-construction and connection
<br />charges) from the sale of water and
<br />sewer service to residential and com-
<br />mercial customSECTiON 23
<br />Within thirty (30) days after the
<br />first anniversary of the effective date
<br />of this section and within thirty (30)
<br />days after each succeeding anniver-
<br />sary of the effective date of this sec-
<br />tion, the Utility, Its successors or as-
<br />signs, shall pay to the County or Its
<br />successors an amount which, when
<br />added to the amount of all county
<br />taxes, licenses and other Impositions
<br />levied or Imposed upon the Utility's
<br />Property, business or operations for
<br />the preceding tax Year, will equal six
<br />percent (6%) of Bross company reve-
<br />nues (excluding contributions -in -aid -
<br />of -construction and connection
<br />charges) from the sale of water and
<br />sewer service to residential and com-
<br />mercial customers served by the
<br />Utility's systems In Vero Shores and
<br />Vere Beach Highlands within the
<br />unincorporated area of the County
<br />for the twelve fiscal months preced•
<br />Ing the applicable anniversary date.
<br />The franchise fee Shnli be collected
<br />from, and shrill he shown ot, a sena-
<br />rate Item on tilt UNlttv's bills to its
<br />customers.
<br />The County reserves the rtoht to
<br />adopt, In addition to the provisions
<br />herein contained and existing appli-
<br />cable resolutions or laws, such fees
<br />and charges as it shall find neces-
<br />sary in the exercise of the police
<br />Power and lawful authority vested in
<br />said County,
<br />-4. A new Section 24 Is added to the
<br />original resolution, as amended, to
<br />read as follows:
<br />SECTION 24
<br />If any word, sections, clause or
<br />part of this resolution is held Invalid,
<br />such portion shall be deemed a Sepa-
<br />rate and independent part and the
<br />some shalt not invalidate the remain-
<br />der.
<br />Board of County Commissioners of
<br />Indian River County, Florida, has
<br />caused this franchise to be executed
<br />In the name of the County of Indian
<br />River by the Chairman of the Board
<br />of County Commissioners and its seal
<br />to be affixed and attested by its
<br />Clerk, all pursuant to the resolution
<br />of the Board of County Commission-
<br />ers adopted on the day of --
<br />--, 1983.
<br />Signed, 'sealed and delivered in the
<br />presence of:
<br />COUNTY OF INDIAN RIVER,
<br />FLORIDA
<br />BY
<br />Richard N. Bird, Chairman
<br />Board of County Commis-
<br />sioners
<br />Attest:
<br />Clerk
<br />ACCEPTANCE OF FRANCHISE
<br />GENERAL DEVELOPMENT
<br />UTILITIES, INC., does hereby ac-
<br />cept the foregoing franchise, and for
<br />their successors and assigns does
<br />hereby covenant and agree to.com-
<br />ply with and abide by all of the
<br />terms, conditions and provisions
<br />therein set forth and contained.
<br />DATED at Vero Beach, Indian
<br />River County, Florida, this
<br />day of , 1983:
<br />WITNESS:
<br />GENFRAL DEVELOPMENT
<br />UTILITIES, INC.
<br />BY
<br />Senior Vlce-Pre sirliont
<br />STATE OF FLORIDA
<br />COUNTY Or iNDi•04 RIVER
<br />f1ERE:BY Cf R f lf-Y thaf on this
<br />day, before me, on officer duly ou-
<br />thorited In the Stott and County
<br />-aforesaid to take acknowledgments
<br />Personally appeared
<br />—, as of Gen-
<br />eral Development Utilities, Inc., and
<br />he acknowledged before me that he
<br />executed the foregoing instrument
<br />for the uses and purposes therein ex-
<br />pressed.
<br />WITNESS my hand and official
<br />seal in the State and County afore-
<br />said this day of , 1983.
<br />Notary Public, State of Flor-
<br />ida at Large
<br />MV Commission Expires:
<br />All interested persons are Invitec
<br />to this meeting. If any person de•
<br />tides to appeal any decision made by
<br />the Board of County Corrmmissionert
<br />with respect to any matter consid
<br />ered at this meeting, he/she will
<br />need a record of the proceedings,
<br />and that for such purpose he mai
<br />need to ensure that a verbatim
<br />record of the proceedings is made.
<br />which record includes' the testimony
<br />and evidence upon which the appeo
<br />Is to be based.
<br />Richard N. Bird, Chairman
<br />Board of County Commission•
<br />ers
<br />Sept. 28, 1983.
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