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VERO BEACH PRESS -JOURNAL
<br />Published Daily
<br />Vero Beach, Indian River County, Florida
<br />COUNTY OF INDIAN RIVER: STATE OF FLORIDA
<br />Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
<br />says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
<br />aI Verb Beach in Indian River County, Florida; that the attached copy of advertisement, being
<br />in the matter Of
<br />in the . Court• was pub.
<br />lished in said newspaper in the issues of f,4
<br />Afhant further says that the said Vero Beach PressJournal is a newspaper published at
<br />Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore
<br />been continuously pubashed ,n said Indian River County. Florida. each dally and has been
<br />entered a4 second class mail matter at the post office in Vern Beach, in said Indian River Coun�
<br />ty. Flonda, for a period of one year nett preceding the first Publication of the attache tl copy of
<br />advertisement and affiant further says that he has neither paid not promised any person, Ilam
<br />or corporation any discount. rebate. commission or refund for the purpose of perso . this
<br />advertisement for publication in the said newspaper
<br />Sworn to and subscr•bed beliefs me 1 is _r�? day of t0Gt A.D. 14
<br />—� V lcru _s anagen
<br />EAU (Clerk of the Circuit Court, Indian R"r County, Florida)
<br />1
<br />Public Notices
<br />- NOTICE OF PUBLIC HEARING
<br />The Indian River Board of County Commis-
<br />sioners will hold a public hearing November 9,
<br />1983, at 7:30 p.m., in the Vero Highlands
<br />Clubhouse in Vero Beach, Florida, to consider
<br />adoption of the following resolution:
<br />RESOLUTION NO. —
<br />A RESOLUTION OF THE BOARD OF
<br />COUNTY COMMISSIONERS 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 desire to clarity he
<br />. procedures for the processing of general rate
<br />jIncrease applications and to simplify the
<br />procedures -for the "pass-through" to Its cus-
<br />tomers of rate changes imposed on it by the
<br />County under an agreement, to purchase
<br />i wholesale water utility service from the Coun-
<br />ty; and . I... . .
<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 water and sewer services
<br />by the Utility; and
<br />WHEREAS, the County desires ,to reserve
<br />the right to adopt, in addition. to the provisions
<br />herein .contained 'and existing applicable
<br />resolutions or laws, such fees and charges as
<br />it shall find necessary in the exercise of the
<br />police power and lawful authority vested in
<br />said County- and
<br />WHEREAS, after public hearing 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 Commissioners 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 />Resolution 81-101, is hereby amended as fol-
<br />lows:
<br />1. Section 4 of the original resolution is
<br />hereby amended to read as follows:
<br />SECTION 4
<br />The territory In which this franchise shall be
<br />applicable is all that part of Indian River .
<br />County. Florida,located within the following I.
<br />described boundary lines, to -wit:
<br />All of the East 'h of Section 35, and all of
<br />Section 36 of Township 33 South, Range 39
<br />/.
<br />East; and the Southeast' of the Southeast Y4
<br />of Section 30, the portion of the Southwest '/4
<br />of'Sectlon 29 bounded on the East by the In-
<br />dian River West Shoreline, all of Section 31
<br />and that portion of the West 'h of Section 31
<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
<br />this section, should the Utility desire to adjust
<br />any charges heretofore established and
<br />aproved by the Board, then the Utility shall
<br />notify and make application to the Board in
<br />writing, setting forth a schedule of rates and
<br />charges which it proposes. Within nine(90)
<br />ays atter notice as aforesaid, a oar s a
<br />hold a public hearing on such request, notice
<br />of whch shall be given by publication in a
<br />newspaper regularly published in said Coun-
<br />ty, at least one time not more than one month
<br />nor less than one week preceding such hear -
<br />Ing. Certified proof of publication of such no-
<br />w tice shal be filed with the Board. The Board
<br />i will approve or disapprove said increase• in
<br />rates with sixty (60) days after said public
<br />hearing. If the Board has not acted within one
<br />hundred twenty (120) days after the initial no-
<br />tice by the Utility, then the Utility may forthwith
<br />put such amended schedule of rates and
<br />charges into effect. It the Utility should raise.
<br />rates or charges as hereinabove stated prior
<br />to action by the Board, the difference between
<br />the Implemented rates and the previous au-
<br />thorized rates shall 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 Utility to refund any monies, and the bond
<br />will no longer be in force, and the increase in
<br />rates or charges shall continue as it the re-
<br />quest of the Utility had been granted. It the
<br />Board enters an order approving or disap-
<br />proving the rate Increase prior to the time the
<br />request is deemed to have been granted, and
<br />the Utility or any person feels aggrieved by
<br />such order, then the Utility or such person
<br />may seek review of the Board's action by pro-
<br />ceedings in the Circuit Court of the County.
<br />b. If at any time the Utility is purchasing all
<br />or any portion of its utility 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 de-
<br />creased without hearing, upon verified notice
<br />to the Board thirty (30) days prior to the Util-
<br />ity's implementation of the increase or Ida -
<br />crease that the rate charged to the Utility'by
<br />Indian River County or its successor hsrq
<br />f changed. Before implementing a change in
<br />rates under this section, the Utility shall file an
<br />affirmation under oath as. to the accuracy of
<br />OiAh 1g tne-nn. I.c►e" prior {a'tAe mime m: -O"
<br />request is deemed to have been granted, and
<br />the Utility or any person feels aggrieved by
<br />such order, then the Utility or such person
<br />may seek review of the Board's action by pro-
<br />ceedings in the Circuit Court of the County.
<br />b. If at any time the Utility is purchasing all
<br />or any portion of Its utility 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 de-
<br />creased without hearing, upon verified notice
<br />to the Board thirty (30) days prior to the Util-
<br />ity's Implementation of the increase or de-
<br />crease that the rate charged to the Utility by
<br />Indian River County or its successor hu•q
<br />changed. Before implementing a change in
<br />rates under this section, the Utility shall file an
<br />affirmation under oath as to the accuracy of
<br />the figures and calculations upon which the
<br />Vbal • -Is based, stating that the
<br />IIAWdesthe till ty's revenu�estotiy noamore se or tlhanethe
<br />amount of the additional change imposed on
<br />the Utility by the County.
<br />3. A new Section 23 Is added to the. origi-
<br />nal resolution,, as, amended, to read as fol -
<br />tows ...
<br />:..t -SECTION 23 ,.
<br />Within thirty (30) days atter the first anniver-
<br />sary.of the effOCtfve date of this section and
<br />within thirty (30) days after each succeeding
<br />anniversary of the effective date of this sec-
<br />tion, the Utility, its succesors or assigns, shall
<br />pay to the County or its succesors an amount
<br />which, when added to the amount of all
<br />county taxes. license and other impositions
<br />levied or imposed upon he Utility's property
<br />business or operations for the preceding
<br />Year, will equal six percent (6%) of gross com-
<br />pany revenues (excluding contributions -in -
<br />aid -of -construction and -. ,-nnection charges)
<br />from the sale of water and sewerservice to
<br />residential and commercial customers served
<br />Vero Beacthe h Highlands within stems In esro the Sunincorpo-
<br />rated
<br />area of this County for the twelve fiscal
<br />months preceding the applicable anniversary
<br />date. The franchise fee shall be collected
<br />from, and shall be shown as a separate item
<br />on the Utility's bills to its customers.
<br />The County reserves the right to adopt, in
<br />addition to the provisions herein contained
<br />and existing applicable resolutions or laws;
<br />such fses and charges as it shall find neces-
<br />laIn the exercise of the for ul authority vested In said Clounh�y.wer and
<br />4. •A new Section 24 is added to the origi-
<br />nal resolution, as amended,
<br />lows: to read as (ol_
<br />SECTION 24
<br />Ifany word, sections, clause or part of this
<br />resolution is held invalid, such portion shall
<br />be deemed a separate and independent part
<br />and.the same shall not invalidate the remain-
<br />der.
<br />IN WiTNESS WHEREOF, The Board of
<br />CountyCommissioners of Indian River Coun-
<br />ty, Florida, has caused this franchise to be ex-
<br />ectited In the name of the County of Indian
<br />River by the Chairman of the Board of County
<br />Commissioners and its seal to be affixed and
<br />attested by its Clerk, all pursuant to the reso-
<br />lution of the Board of County Commissioners
<br />adopted on the --- day of1983.
<br />County of Indian River, Florida
<br />By: Richard N. Bird, Chairman
<br />"..BoArd est "Zounty COmmiselonere
<br />Clerk
<br />Signed, sealed and delivered
<br />in the presence of:
<br />ACCEPTANCE OF FRANCHISE
<br />GENERAL DEVELOPMENT UTILITIES,
<br />INC., does hereby accept the foregoing fran-
<br />chise, and for their successors and assigns
<br />does hereby covenant and agree to comply
<br />with and abide by all of the terms, conditions
<br />and provisions therein set forth and con-
<br />tained.
<br />DATED at Vero Beach, Indian River County,
<br />Florida, this — day of —, 1983.
<br />General Development Utilities, inc.
<br />By:
<br />Senior Vice President
<br />WITNESS:
<br />STATE OF FLORIDA
<br />COUNTY OF INDIAN RIVER
<br />1 HEREBY CERTIFY that on this day, before
<br />me, an officer duly authorized in the State and
<br />County aforesaid to take acknowledgements
<br />personally appeared -- — as -_
<br />of
<br />General Develoment Utilities, Inc., and he ac-
<br />knoWledged before me that he executed the
<br />foregoing instrument for the uses and pur-
<br />poses therein expressed.
<br />WITNESS my hand and official seal in the
<br />State and County aforesaid this — day of -
<br />----, 1983.
<br />Notary Public
<br />State of Florida at Large
<br />My Commission Expires:
<br />All interested persons are invited to this
<br />meeting. If any person decides. to appeal any
<br />decision made by the Board of County Com-
<br />missioners with respect to any matter consid-
<br />ered at this meeting, he/she will need a
<br />record of the proceedings, and that for such
<br />purpose he may need to ensure that a verba-
<br />tim record of the proceedings is made, which
<br />record includes the testimony and evidence
<br />upon which the appeal is to be based.
<br />_ :�,;,4.Richard N. Bird, Chairman
<br />I
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