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HomeMy WebLinkAbout9/7/1966WEDNESDAY, SEPTEMBER 7, 1966 The Board of County Commissioners of Indian River County, Florida met in regular session at the Courthouse, Vero Beach, Florida, on Wednesday, September 7, 1966, at 8:30 o'clock A. M. Present were Robert W. Graves, Chairman; D. B.. McCullers, Vice -Chairman; -,Donald Macdonald, Jerre J. Ha£field and Dr. B. Q. Waddell. Also present were Jack Jennings, Acting County Engineer, John H. Sutherland, County Attorney, and Alfred H. Webber and Ruth Elliott, Deputy Clerks. The Chairman asked if there were any corrections or additions to the minutes of August 1, August 10 and August 17, 1966. There were none and on Motion by Commissioner McCullers, seconded by Commissioner Waddell, and unanimously carried, the minutes were approved as written. Mr. Robert T. Ware, Chief of -the Sebastian Volunteer Fire Department, presented estimates for a new cab and chassis as requested by the Board at the August 10 meeting. Mr. Ware stated that since the Volunteers were contributing $4,000 from their treasury into the new truck, they would like to have the truck in their name. He was informed by the Board that this could not be done, but that any equipment purchased by the Fire Department and placed on the truck would.be theirs. The Board took the figures presented under advisement and Mr. Macdonald will meet with the Department to discuss the matter further. The County Attorney reported that the Zoning Board has tentatively recommended the following: 1. A request by Mr. Russell Burks to rezone approximately 15 acres in Section 22, Township 32 S, Range 39 E,north of his present subdivision, Pineview Park, from R1, Single Family District to R2B, Multi -Family District, to allow construction of apartment buildings for senior citizens and others. 2. A request by Mr. Julian Lowenstein to rezone approximately 170 acres of land south of Oslo Road and East of U. S. #1, in Sections 29 and 30, Township 338, Range 49E, from.R1A, Country Home District to R1, Single Family District. SEP 7 196 900K 9 PACE 701 3.. A request by Mr. Guy Poteat to rezone 40 acres of land in the area of Citrus Road and Monroe Road, in Tract 13 and Tract 12, Sectio: 17, Township 33 S, Range 39 E, from R1 Single Family District to F1 Agricultural District. The County Attorney also reported that the Zoning Board has passed a Motion recommending that the Zoning Regulations be amended by adding under Section 2, Exceptions, a new paragraph, being paragraph 9, the following: °' Whenever a single family dwelling is erected in any district that does not require a minimum floor area, the dwelling shall have a minimum floor area, exclusive of open patios, terraces, attached garage, carports or non -living area, of 600 square feet, and not more than 15% of the required floor area may be credited to attached screen porches and/or storage areas, and these shall be a part of the main dwelling". Commissioner Waddell moved, seconded by Commissioner Haffield and unanimously carried that the zoning board's recommendations on the amendment to,the Zoning Regulations and the three requests for changes in zoning be tentatively approved and that public hearing be held. Mr. Robert F. Lloyd appeared before the Board regarding his. request presented at the August 10 meeting that the County shift a portion of Oslo Road lying three miles west of Rangeline and one mile west of Indian River Farms Drainage District line, onto the county right of way. He presented a profile of the area which was viewed by the Board. Commissioner Macdonald moved, seconded by Commissioner McCullers and unanimously carried that Mx -0- Jennings be requested to study this situation and report to the Board at the next meeting, and to discuss the matter with Minute Maid Corporation who owns the property to the south. Mr. Jimmy Walker and Mr. Vernon L. Wolfe, representing the Indian River Area_.Central.. LabO '_,Union and the Indian River Area Building Trades, presented each Commissioner a Resolution designating him a Honorary Member for the week beginning September 5, 1966 and ending September 12, 1966. On Motion by Commissioner McCullers, seconded by Commissioner Waddell and unanimously carried, the following Resolution was adopted: Boni 9 PAGE702 sEp Oa RES'OLUTI ON NO. 66=33 WHEREAS, the I NDIAN . RIVER CENTRAL LABOR UNION and the INDIAN RIVER CENTRAL BUILDING TRADES have requested the Board of County Commissioners of Indian River County to proclaim the week of September 5 through September 12, 1966, as LABOR WEEK, and, WHEREAS, said Board of County Commissioners feels that labor should be so recognized; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County in meeting assembled this 7th day of September, 1966, that the week of September 5 through September 12, 1966 be and the same is hereby proclaimed as LABOR WEEK. ********************************* The following letter from the Florida State poard of Health requested in a Motion by Commissioner Waddell, seconded by Commissioner/Macdonald and unanimously carried on August 10, 1966, I' was received and placed on file: PI.1444 01 SEP 7 1966 i60K 9 PACE %OcD T. M. CU M BIE, PH.G., VICE PRESIDENT OUINCY W. S. HORN, D.O., MEMBER PALMETTO EUGENE G. PEEK, JR., M.D., PRESIDENT OCALA LEO M. WACHTEL, M.D., MEMBER JACKBONVI LLE WILLIAM O. SHUMPERT, D.D.S.. MEniRER FORT LAUDERDALE jJTtrn,tha fttte 1&iar of Tha1t1l WILSON T. SOWDER. M.D.. M.P.H.. STATE HEALTH OFFICER MALCOLM J. FORD, M.D., M.P.H.. DEPUTY STATE HEALTH OFFICER ELTON BUREAU OF SANITARY ENGINEERING DAVID B. LEE. M.B. IN ENG. DIRECTOR SIDNEY A. BERKOWITZ. M.S. IN ENG. ASSISTANT DIRECTOR R. W. Stan, Jr. Regional Sanitary Engineer CAP lndian River County Health Dept. Vero Beach, Florida S. OSBORNE, M.D., M.P.H., DEPUTY STATE JACKSONVILLE. 32201 August 22, 1966 IN REPLY PLEASE REFER TO HEALTH OFFICER Indian River County SM & 14M Pineview Park S/D Gifford Board of County Commissioners Indian River County Vero Beach, Florida Gentlemen: TELEPHONE 354.3961 POST OFFICE BOX 210 DIVISION OF WATER SUPPLY J. B. MILLER, M.P.H. DIRECTOR DIVISION OF SPECIAL SERVICES CHARLES E. COOK, C.E. DIRECTOR DIVISION OF WASTE. WATER RALPH H. BAKER, JR., M.S.6.£. DIRECTOR DIVISION OF INDUSTRIAL WASTE VINCENT D. PATTON, M.S.S.E. DIRECTOR •Mr. Russell Burks has informed this office that you have requested a report on the current status of the water and sewage systems serving the Pineview Park Subdivision in Gifford. These systems were built according to plans approved by the Florida State Board of Health and have been maintained and operated in a generally satisfactory manner. There have been problems in the past due to odors from the sewage treatment plant but this appears to have been all&viated and I know of no problems at this time. 14 most recent inspection on August 19 indicated everything to be satisfactory The required operating reports are now being submitted and these also indicate conditions to be satisfactory. This office would like to go on record as being in favor of the establishment of a water and sewerage utility in the Gifford area. I feel it to be a vital necessity for the maintenance of a sanitary enviroment in that area. At this time the only other known public water supply is that serving the Hillcrest Subdivision and it has long since ceased to be satisfactory to either this agency or the F.H.A. The conditions for the use of septic tanks are so poor that it has been necessary to install treatment plants for a labor camp and for the proposed new school. A community wide sewerage system would be a far better solution that, the proliferation of small package sewage plants. cc Indian River CHD Lloyd & Assoc. Bureau San Engr File y ours, »rui d W. Starr Jr. al Sanitary Engineer BOOK 9 PACE 704' tl��i� iUl� �U�pp� I'ii�htj �I� Ifs RESOLUTION NO. 66-34 WHEREAS, 'Russell` Burka has requested an extension of an exclusive franchise for the delivery and service of Sewer and Water Services in Indian River County, and WHEREAS, the extension hereby eupercedea and cancels the previous franchise held by Russell Burke recorded in Book 7, Page 532, filed June 23, 1965, with the Clerk of Indian River County, Florida. BE IT RESOLVED By the Board of County Commissioners of Indian River County,: Florida: SECTION 1 This resolution shall be known and may be cited as the "Russell Burks, Water and Sewer Franchise." SECTION 2 For the,purpose of this Resolution, the following terms, phrases, words and their deriviationa shall have the meaning given herein. When not inconsistant with the context, wordy using the present terms include the future; words in the plural number include the singular and vice versa. The word "Shale is always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida. (b)t "Company' is the Grantee of the rights udder this franchise, that is, Russell Burke; (c) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, association, corporation] company or organization of any kind. (e) "Territory" means the area located in Indian River County. Florida, outside the corporate limits of any municipality as the same is more particularly defined and described herein. BOOK 9 PACE 705 MITCHELL, SHARP & MITCHELL, ATTORMYS AT LAW, HERO BEACH, FLORIDA r 19 (t) / "Water System" Shall mean and include any real-estate, attachments, fixtures, impounded water, water mains, laterals, valves, meters, plant, wells, pipes, tanks, reservoirs, fire hydrants, systems, facility or other property, real or personal, used or useful or having the present capacity for future use in connection with the obtaining, treatment, supplying and distribution of water to the public for human, consumption, fire protection, irrigation, consumption by business or industry and without limiting the generality of the foregoing, shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements and franchises relating to any such system Eind deemed necessary or convenient for the operation thereof. (g) "Sewer System" is any plant, system, facility or property used or useful or having the present capacity for the future use in connection with the collection, treatment, purification or disposal of sewage and sewage effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals and all necessary appurtenences and equipment and shall incTude all property rights, ease- ments and franchises relating to any such system and deemed necessary or convenient for the operation thereof. SECTION 3 There is hereby granted by the County to the Company the exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and a sewer system either or both within the prescribed territory as herein provided and for these purposes to sell and distribute water and to collect and dispose of sewage within the territory and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highways and other public places of the County: provided, however, that the County reserves the right to permit the use of such public places MITCHELL,. SHARP & MITCHELL; 2TTORNEYS AT LAW, VERO BEACH, FLORIDA SEP 7 1966 BOOK '-PA E 7O JII for any and all other lawful purposes and subject always to the paramount right of the public in and to such public places. SECTION 4 The territory in which this franchise shall be applicable is all that part of Indian River. County, Florida, located within the following described boundary lines, to -wit: All of Section 21 and 22, and all of that part of Section 23 lying West of U. S. Highway 1 all of the North 1/4 of Section 26 lying West of U. S. Highway 1; all of the North 1/4 of Section 27 and the North 1/4 of Section 28, all in Township 32 South, Range 39 East, Indian River County, Florida, SECTION 5 The Company shall at all titnesduring the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. SECTION 6 It is expressly understood and agreed by and between the Compang; and the County that the Company shall save the County and members of, the Board harmless from any loss sustained by the County on accountof any suit, judgment, execution, claim or demand whatsoever resulting from negligences on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence onthe part of the Company may be prosecuted directly by such person against the Company as if no governmental immunity accrued to the County by virtues of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demand. SECTION 7 The Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations MITCHELL, SHARP & MITCHEB ATTORNEYS AT LAW, VERO BEACH, FLORIDA SEP 7 1966 roc L as are or may be set forth by the Board from time to time. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power anc lawful authority vested in said County, provided that such regulations shall be reasonable and not in conflict with the rights herein granted and not in i. conflict with the laws of the State of Florida.. The County shall have the right to supervise all construction or installation work performed and to make such inspection as it shall find necessary to insure compliance with all governing regulation®. Upon the termination of this franchise, the Company grants to the County the right at the election of the County and upon payment of an amount as hereinafter provided to purchase and take over the property of the company. The amount to be paid by the County to the Company shall be the actual then existing value of all real and tangible personal property of the Company. In the event any part or all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any municipality of the State of Florida, then in such event the Company agrees as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and authority to acquire all the property, assets and facilities of the Company used in its services under this franchise. The amount to be paid by the city to the Company shall be determined under the law of the State of Florida provided in eminent domain proceedings. SECTION 8 All the facilities of the Company shall be constructed only in accordance with plans and specifications approved by the State Board of Health of the State of Florida and the quantity and quality of water delivered and sold and the mannerr of collection and disposal of sewage shall at all times be and remain not inferior to the rules, regulations and standards now or hereafter adopted by the State Board. of Health. The Company shall suppl.s,7 all water through meters which shall accurately measure the amount of water supplied to any consumer. The Company shall at any time when requested by -4- MITCHELL, SHARP IS' MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA SEP 7 Com 9 PACE 70 j a consumer make a test of the accuracy of any meter; prior, however, to any test being made .by the Company, the party requesting such test shall deposit with the Company the sum of Five Dollars ($5. 00). Such sum shall be re- turned if the test shows the meterto be inaccurate in its delivery of more than 3%. Whenever it is necessary to shut off or interrupt services for the purpose of making repairs or installations, the Company shall do so at such time as will cause the least amount of inconvenience to its consumers and u - leas such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof of its consumers. SECTION 9 a. The Company shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonable necessary to enable the Company to exercise its rights and perform its obligations under this franchise, and tv issue an uninterrupted, service to such and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. b. At all times herein where discretionary power is left with the Board of County Commissioners, , the Company, before discretionary action is taken by the Board of County Commissioners, can request said Board that a group of arbitrators be appointed and such group shall consist of: 1. County Engineer 2, Company Engineer 3. One person selected by the two above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise can be appealed to the Circuit Court of. Indian River County by either, party. SECTION 10 All pipes, mains, hydrants, valves and other fixtures laid or placed by the Company shall be so located. in the public places in the County MITCHELL, SHARP & MITCHELL, ATTORNEYS AT LAW, HERO BEACH, FLORIDA 800K ' PAGE 709 SEP 7 195j as not to obstruct or interfere with any other uses made of such public, places already installed. The Company shall whenever practicable avoid interfering with the use off any. street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway or other surfaCing, the Company shall at its own cost and expense and In a manner approved by the County Engineers, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in ,4;n approved condition for a period of one year. In the event that any time the County shall lawfully elect to•alter or change the grade of or relocate or widen or otherwise change any such public way, the Company shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Company shall not locate any of its facilities nor do my construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Company hall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Company thereto, provided, however, in the event of this termination of easement, the person requesting such termination shall pay to the Company, in advance, its costs of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten feet in width for the benefit of the Company and its facilities. 1.4044 SECTION 11 The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respect make or grant any preferenc or advantage to any person nor subject any person to any prejudice or dis- advantage, provided that .nothing herein shall prohibit the establishment of graduated scale of charges and classified rate schedule to which any consumer; coming within such classification would be entitled. • SECTION 12 a. /The Company shall furnish, supply, install and make available MITCHELL, SHARP & MITCHELL, Ai IORNEYS AT LAW, HERO BEACH. FLORIDA SEP 7 1966 BON. PAGE.710 hi public water system and its public sewer system to any and all persona., within the1 territory making demand, therefor, and shall provide such de- mendin g person with its services and facilities within one year from the d1aC�: of such demand; provided, however, that the Board may, upon application of the Company, extend the time for providing such service to such demand- ing person. In the event the Company fails to provide its services and • facilities either as to a water system or sewer system or both to any area within the territory within the time provided, then in such event the County may by resolution of the Board limit, restrict and confine the territory to that area then being serviced by both water and sewer by the Company or such greater area as the Board shall determine and thereafter the territory shall be the only area set forth, defined and provided by the Board and the provision of this franchise shall not extend beyond the limits of the area so restricted and defined. b. The Company shall not be required to furnish, supply, install and make available its public water system or its public sewer system or both to any person within the territory as hereinafter set forth, unless the same may be done at such a cost to the Company as shall make the addition pro- posed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Company for all the services under this franchise. That such rate will produce to the Company a sum sufficient to meet all necessary costs of the services; including a fair rate of return on the net valuation of its property devoted thereto, under efficient and economical management. The burden of showing that a pro specie service to the area is not financially feasible shall be the burden of the Company. SECTION 13 The Company shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without the approval of the Board and provided, further, that no such sale or transfer after such approval shall be effective until the vendee, assignee or leasee has file. -6- MITCHELL, SHARP & MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA SEP 7 196c BOOK 9 PALE 711 itt i18g�'i{�ryryil ...H � ddt wx .. with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the con- ditions thereof. In any event this franchise shall not be transferrable and assignable until notice or request for transfer and aesiement shall be given by the Company to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publication in a newspaper regularly published in the County at least one time not more than one month nor less than one week preceeding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. The Board will, however, approve or disapprove said sale or transfer within ninety (90) days from the date of said public hearing. The consent by the Board to any assign- , meet of this franchise shall not unreasonably be withheld. SECTION 14 The rates charged by the Company for its service hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under efficient and economical management. The Company agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix Just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect not to exceed the following schedule of rates, which shall remain effective until changed or modified as herein provided, to -wit; First 3,000 gallons $3,00 Minimum per month All over 3,000 gallons @ the rate of 500 per 1000 gallons. -7- MITCHELL, SHARP & MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA SEP 7 1S6C aioA 9 Pat712 LA( WATER CONNECTION CHARGES Connection charge shall be $165.00 plus the below schedule. Meter Size Tapping Fee Refundable Deposit 5/8" $ 65.00 $ 15.00 1 inch ' 115.00 30.00 1-1/2" 210.00 60.00 2" and over Cost but not less than $300.00 Refundable deposit on 2 inch meters and over $100.00 Turn on service $1.00 Reconnection charge where services was terminated for non-payment of monthly charge $2. 50 MONTHLY SEWER RATES Single Family dwelling: One bathroom $3. 00 'flat rate Each additional bathroom 1.00 flat rate Commercial 75% of water rate In addition, for persons other than persons using private systems, septic tanks excepted, a sewer service connection charge of $400 shall be required for service to the property line for each connection at the tir±e of the initial connection. SECTION 15 The County shall have access at all reasonable hours to all of the Company's plane, contracts, engineering data, accounting, financial,. statistical, consumer and service records relating to the property and the operation of the Company and to all other records, required to be kept here- under, and it shall file such accounting reports and data with the County when required. SECTION 16 The Company shall at all times maintain public liability and property damage insurance in such amounts as shall be required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Company. If any person serviced by the Company under this franchise complains to the Board concerning rates, charges and/or operations of s uch. utility and the Company, after request is made upon it by the Board, faits to satisfy or remedy such complaints or objections or fails to satisfy the Board -8-- MITCHELL, SHARP & MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA SEP 7 1966 `ionx ma713 that said complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection and the Board may review the rates and charges set and charged by the Company for the services which it furnishes or the nature and character of the service it furnishes or the quality or services furnished. If the Board enters Its order pursuant to such a hearing and the Company feels it is aggrieved by such order, the Company may seek review of the Board's action by proceedings in the Circuit court of the County; otherwise, the Company shall promptly comply with the order of the Board. SECTION 17 Should the Company desire to establish sewer rates and charges or should the Company desire to increase any charges heretofore established and approved by the Board, then the Company shall notify the Board in writing, setting forth a schedule of rates and charges which it proposes. A public hearing shall be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time not more than one month nor less than one week preceding such hearing Certified proof of publication of such notice shall be filed with the Board. Said bearing may thereafter be continued from time to time as determined by the Board. The Board will, however, approve or disapprove said in- crease in rates within ninety (90) days of said public hearing. If the Board enters order pursuant to such hearing and the Company or any person feels aggrieved by such order, then the Company or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 18 Prior to the Company placing any of its facilities in any of the public places as herein authorized, the Company shall make application to and obtain a,permit from the County Engineer authorizing said construction in the same manner as permits are authorized in the County for the use of the public roads as shall now or hereafter be established by regulations of the County. The county shall have the right when special circumstances exist to determine the time in which such .cpnstruction shall be done. MITCHELL, SHARP & MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA' SEP 7 1956 obK, i' SECT!©N 19 If the Company fails or refuses to promptly and faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Company written notice of such deficiencies or defaults and a reasonable time within which the Company shall remedythe same, which notice shall specify the deficiency or default. If the Company fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Company and after such hearing at which all interested parties .shall be heard, the Board may. furttier limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons hereby are found by the Board. • If the Board enters order pursuant to such hearing and the Comp my or any other person feels aggrieved by such order, the utility or such other person may Beek review of the Board's action by proceedings in the Circuit! Court of the County. SECTION 20 Any person using in normal average consumption more than 100, 000 gallons of water per day shall not be required to deal with the Company but any such water user shall be at liberty to secure its water from such sources as it might desire. This franchise shall exempt and except there- from any public agency producting water for resale at wholesale. Nothing in this franchise shall prevent landowners to exercise their vested rights to pump water for their own use nor shall the riparian and other water rights of landowners be in any way impaired, reduced or affected by virture of this franchise. This franchise shall not limit or restrict any person now or here after owning or occupying any premises now serviced with water from con- tinuing to receive such services and purchase water from any person, pro- vided, however, if such owner or occupant requests services and purchases water from the Company, then the provisions of this franchise shall apply to such owner or occupant or the land involved and the above rights with respect to such owner or occupant shall, cease and terminate. This franchise .,10- • MITCHELL, SHARP & MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA�+� SEP 7 1966 c. !._' ) PACP 7I5 shall not affect, limit or restrict the rights orprivileges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125. 42, Florida Statutes, SECTION 21 The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect for a term of forty years after such adoption; provided, however, that within sixty days from the time of the adopt on of this resolution, the Company shall file with the Board its written acceptanc of this franchise and all of its terms and conditions and provide further that if such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. SECTION 22 If any word, section, clause or part of this resottion is held in- valid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the g day of A, D. , 1966, Signed, sealed and delivered in the presence of: /S/jia6Ie1umy, COUNTY OF INDIAN RIVER, FLORIDA MITCHELL, SHARP 4 MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA WON SEP 7 196l ACCEPTANCE OF FRANCHISE Russell Burks does hereby accept the foregoing franchise and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero.Beach, Indian River County, Florida, this /6C" -e4 'A.D.,1.966 day of usee s MITCHELL, SHARP & MITCHELL„ ATTORNEYS AT LAW, VERO BEACH, FLORIDA SEP 71966 taou tyalt. Commissioner Waddell moved, seconded by Commissioner McCullers and unanimously carried, that the Beverage Department be informed that the application of Mr. and Mrs. E. M. McSurley for transfer of beverage license, consumption on premises, McSurley's Cocktail Lounge and Pack Store, Gifford, does conform'to the zoning regulations of the County. Mr. William G. Taylor, Architect, presented final plans for the Courthouse Annex and requested the Board to advertise for bids. On Motion by Commissioner Macdonald, seconded by Commissioner McCullers, and unanimously carried, the plans were accepted• and the Architect was authorized to advertise for bids to be received by 10:00 o'clock A. M., on October 5, 1966. Mr. Macdonald reported that all unauthorized buildings have been removed from the Sebastian Inlet Park property and that Florida Power and Light has started to extend the power line and hope to have this completed by the first of the month. He presented a,drawing prepared by the State Park Board of the Hobart Property and reported that the Executive Committee of the Kiwanis Club has adopted a Resolution to adopt this park as one of their projects., Commissioner Waddell moved, seconded by Commissioner Macdonald and unanimously carried, that. Mr. Jennings be requested to write Mr. Jim Williams, of the II.Board, ad- visinghim that the Board is working on a comprehensive plan for the area, that the Kiwanis Club has adopted this park as one of their projects,'i and to send aerial photographs of the area to Mr. Williams. Commissioner Macdonald moved, seconded by Commissioner Waddell -.and unanimously carried, that the Clerk is authorized to advertise for proposals for the operation of a concession and the rental of campsites at the Sebastian Inlet Park, said advertisement to be placed in the Vero Beach Press Journal, and in the Classified Section in the Orlando Sentinel, Palm Beach Post Times, Daytona Beach News Journal, Ft. Pierce News Tribune and the Miami Herald, at least two times or at the discretion of the Chairman of the Parks Committee. ti AEP 71966 Bon 9 au 71,E Mr. Jennings was requestedto check the condition of the house on County property at the old Winter Beach bridge head which had been leased to Mr. N. V. Eve, now deceased, and report to the Board at the next meeting. The County Attorney read a letter from the University of Florida Student Financial Aid Officer, stating that they can no longer assume the responsibility of progress and financial reports, student status, etc., and recommending the placing of this responsibility on the re- cipient. The Clerk was.'.i.nStrudted to write Miss Stephanie Leach auth- orizing her to draw up to $500.00 per semester and requesting that she furnish the Board a progress report of her status and standing.each term. Mr. Jennings presented a request from Mr. Van Ausdal to pave Hobart Road between U.S.1 and Icings Highway, a distance of one mile. The Board instructed Mr. Jennings to file the request and it will be considered the next time the road paving list is revised. In the mean- time, Mr. Jennings was requested to check the right of way situation on the road. Mr. Jennings read a letter from Mr. Robert C. Parker, Director of Trustees of Internal Improvement Fund, dated August 29, requesting comments on the advisability and feasibility of certain requirements to be included in bulkhead line plats submitted to his office, ;.It was the opinion of the Board that this County is not in a position to spend the money required to do this, but would be willing to cooperate fully with the State to the extent of furnishing any information that we might have. In regard to the recommendation of the Fire Prevention bureau and the Board's request to the Engineer to place an exhaust fan in the base- ment, Mr. Jennings reported that he had received a quotation of $289. for the installation of the fan; but in talking with Mr. Ottie Roach, Fire Inspector for the City of Vero Beach, he agreed that if the gas was cutoff at the tank, the fan would not be necessary. mrP 719 BOOK 9 PAGE 719 rt nm h'I wIa p I Mr. Jennings presented the Right of Way Contract and Resolution for State Road 512 (double curve), and on Motion by Commissioner Waddell, seconded by Commissioner Macdonald and unanimously carried, the contract was approved and the following Resolution adopted: COUNTY COI ssIoN S; RESOLUTION o, 66-35 On motion of Coamaissioiie' Waddell , seconded by Commissioner Macdona'rd the following resolution was adopted: WBEREAS, the dtate Road Department of Florida has authorized and re- quested Indian Riveeounty to furnish the necessary rights of way, borrow pits and easements for that portion of Section 88040, State Road 512, extending from a point in Section 24, Township 31 South, Range 37 East, Easterly approximately 4924,55 feet, which has•been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings'and/or other structures and improvements upon or encroach- ing within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it RESOLVED, that the State Road Department of Florida be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from proceeds of Florida State Development Commission bonds or secondary gasoline tax funds (Section 16, Article IX, of the Florida Constitution, Chapter 26321, Laws of Florida, Extraordinary Session, 1949), whichever is available, under conditions set forth in the contract, of which this resolution forms a part; and be it further RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the'Chairman and the Clerk of this Board be and they are hereby autios=ized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and be it further RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to prepare in the name of said County by its County Commiteioners all condemnation papers, affidavits and pleadings, and_prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. 7$ eao BOOK 9PAGE 720 Pi! The County.Attorney reported that dondernation proceedings have been filed on/State Road 512 bridge over the Sebastian River. On Motion by Commissioner Macdonald, seconded by Commissioner Haffield and 'unanimously carried, the Clerk was authorized to have 1000 forms of Petition -to the Board of Equalization'printed. It was moved by Commissioner Haffield, seconded by Commissioner Waddell and- unanimously carried that the County Tax Assessor be notified that the Board of County Commissioners has no objection to an extension of time for the presentation of the current tax roll to the State,Comptroller beyond the September 15 deadline; and that this extension would in no way adversely affect the operation of the 1966-67 County Commissioners' Budget. Commissioner Waddell gave a,report on Public Housing, stating that he had'received a report from the Economic Opportunity Council on survey made of Gifford homes and out of 756 actually surveyed, 353 were found to be substandard, ( 50%), and are looking for relief. Mr. Harry Lindsey, of the Department of Housing and Urban Development is compiling all printed material they have, and when this is received, Commissioner Waddell proposed a meeting with a representative of the Department;. Mr. Russell Burks, the County Commissioners and Father Hugh J. Flynn to discuss the total situation and work out a plan that will give the best solution to the problem. Commissioner Waddell also reported on the meeting of the Legislative Council:-'oomhittee on Roads and'Highways, giving five formulas under consideration for the distribution of the 5th,6th;t1th-cent gas tax. On Motion by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, Commissioner Waddell was authorized to attend a meeting of the Legislative Council in Tallahassee on Sept- ember 26 and Commissioner Macdonald was authorized to attend a Civil • Defense meeting in Miami on September 14. SEP 71 BOOK 9 PAGE 721 The County Attorney read a letter from Mr. J. P. Harp requesting to lease for five years some County property near the north City Limits on U.S. 1. to sell produce. It was the opinion Of tIe Board that he be allowed to clear the property and use it on a day. to day basis as long as the County has no use for, the -property. On Motion by Commissioner Macdonald, seconded by Commissioner Haffield and carried, the Chairman and the Clerk were authorized to execute the Satisfaction of Lien from Indian River County to Helen Malaske. The Clerk presented twoc.quotations for a manual adding machine for the office of the Small Claims Court and on Motion by Commissioner Macdonald, seconded by Commissioner Haffield, and unanimously carried, the purchase of a Victor Manual Adding Machine from O'Haire's Office Equipment Company for $73.50 was authorized,. On Motion by Commissioner Waddell, seconded by Commissioner Macdonald and unanimously carried, the appointment of Larry Edward Tippins as a Deputy Sheriff of Indian River County was approved. On Motion by Commissioner Macdonald, seconded by Commissioner McCullers and carried, the requests of Forrest N. McCullars, County Agent for out -of -county travel to Lake Alfred Citrus Experiment Station and Tampa on August 22 to 24; to Fort Pierce on September 7; and to Gainesville on September 28 through 30, were approved. On Motion by Commissioner McCullers, seconded by Commissioner Waddell and unanimously carried, the County Service Officer of Indian River County was.authorized to attend the State Association of County Commissioners Convention in Hollywood, September 11 through 14, 1966. The monthly reports of the County Agent, the County Service Offic,_;�, and the County Welfare Case Worker were received and placed on file. Commissioner Macdonald moved, seconded by Commissioner McCullers and unanimously carried, that the Clerk be authorized to pay Mr. Julian Lowenstein $24,000.00 on the Round Island Park Agreement, payment to be made on October 1, 1966, in order to obtain a discount of $200.00 promised by Mr. Lowenstein. SEP 7 196 BOOK 9 PAGE 722 11111111,4 ..:40+;•,145:'•9 j The Florida Board of Forestry.filed a report on the'. activities of the Indian River Forest Fire Control Unit for the 1965-66 fiscal year, ending June 30, 1966. The several bills and accounts against the County, having been audited, were examined and found to be correct, were approved and warrants issued in settlementof same as follows: General Fund Nos. 5589 to 5982, both inclusive; Road and Bridge Fund, Nos., 3845 to 3889, both inclusive; Fine and Forfeiture Fund, 596 to 603, both inclusive. Such bills and accounts being on file in the office of the Clerk of the Circuiit Court, the warrants so issued from the respective funds being listed in the Supplemental Minute Book as provided by the rules of the State Auditor, reference to such record and list so recorded being made a part of these minutes., There being no further business, on Motion made, seconded and carried, the Board then adjourned. ATTEST: RALPH HARRIS, CLERK ari k4-6 rk4_9 ROBERT W. GRAVES, CHAIRMAN s00!( 9 PACE 723 J