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Home My WebLink About3/20/1974 (2)WEDNESDAY, MARCH 20, 1974 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ACTING AS THE BOARD OF SUPERVISORS OF THE ROCK RIDGE SUBDIVISION STREET LIGHTING DISTRICT MET AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY, MARCH 20, 1974 AT 12:10 O'CLOCK P.M. PRESENT WERE RICHARD P. BOGOSIAN, CHAIRMAN; EDWARD J. MASSEY, VICE CHAIRMAN; ALMA LEE Loy, WILLARD W. SIEBERT, JR.; .JACK U. DRITENBAS. ALSO PRESENT WERE PAUL D. BURCH, ATTORNEY TO THE BOARD OF SUPERVISORS, ELIZABETH FORLANI, SECRETARY AND L.S. THOMAS, FINANCE OFFICER. THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF AUGUST 22, 1973 AND FEBRUARY 20, 1974. THERE WERE NONE AND ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE ROCK RIDGE SUBDIVISION STREET LIGHTING DISTRICT OF AUGUST 22, 1973 AND FEBRUARY 20, 1974, AS WRITTEN. THE HOUR OF 11:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: J 0 flex 9 . PAcE351 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath published ataVerois Business Beach innIndi ner of Riverthe County,oBeach Florida; that the attached copy of advertise- ment, ment, being a the matter of _�- _in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida adv for a period of one year next preceeding the first publication of the attached copy of er tisement; and affiant further says that he has neither paid nor promised any person, firm or • corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this.___-_/ _day f.__ Z A.D. r� (Business anagen) (Clerk of Circuit Court, Indian River County, Florida) (SEAQ NOTICE NOTICE is hereby given that the Board of County Commissioners of Indian River County, Florida, acting as the Board of Supervisors of "The Rock Ridge Subdivision Street Lighting District" will hold a public hearing March 20, 1974, at 11:30 A.M. in the Indian River County Courthouse in Vero Beach, Florida, to consider an amended budget for 19731974 for said District and to establish a millage rate. The Rock Ridge f Subdivision , Street Lighting District By: Richard Bogosian Chairman Board of Supervisors Mar. 3, 1974. THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE AND UPON MOTION BY C014MISSIONER SIEBERT, SECONDED BY COMMISSIONER HASSEY, THE FOLLOWING RESOLUTION No. 74-1 WAS ADOPTED, -10-. Rock 19 wE 352 I i RESOLUTION No. 74- 1 ROCKRIDGE STREET LIGHTING DISTRICT BUDGET AND MILLAGE RESOLUTION FOR 1973 - 1974 WHEREAS, the Board of Supervisors of the Rockridge Street Lighting District has held a public hearing on March 20, 1974, for the purpose of adopting an amended Budget for the District, and WHEREAS, the Tax Assessor has provided the evaluations of the non-exempt property in said District, and WHEREAS, said hearing was noticed by publication and the needs of the District discussed in open forum, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPER- VISORS OF THE ROCKRIDGE LIGH TING DISTRICT that the following Budget and millage rate is hereby adopted for the District for 1973 - 1974 and said millage shall be levied on all non-exempt property in said District as des- cribed in Indian River County Ordinance 72-2. Estimate of Revenues for Fiscal Year Ending September 30, 1974_ Taxes: . 7 mills on assessed valuation of $4,082,550.00 $2857.78 Less 510 142.89 Total Tax Revenue $2714.89 Cash carryover 3614.18 Total Estimated Revenues and, cash carryover $6329.07 Estimated Expenses. Operating costs $2796. 17 ' Capital Improvements 2900. 00 1016 contingency Fund 632. 90 Total Estimated Expenses $6329.07 Said Board hereby sets the millage rate at .7 mills for the District for 1973 - 1974. A copy of this Resolution shall be published one time in a paper of general circulation in this County and a copy will be forwarded to the Indian River County Board of County Commissioners. ROCKRIDGE STREET LIGHTING DISTRICT r Supe r -*i 4w - Attest:. C ierk MAR 20 197480ox 19 w(353 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER.MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO BORROW UP TO $500.00 FOR THE ROCK RIDGE STREET LIGHTING DISTRICT. ATTORNEY BURCH STATED THAT DUE TO THE LATE RECEIPT OF AD VALOREM TAX MONEY THERE IS A BALANCE OF $44:71 AS OF THIS DATE IN THE ROCK RIDGE STREET LIGHTING DISTRICT FUND, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD OF SUPERVISORS OF THE ROCK RIDGE STREET LIGHTING DISTRICT ADJOURNED AT 12:20 O'CLOCK P.M. -12 - MAR 2 0 1974 Book 19 PAGc354 F ___7 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. COMMISSIONER DRITENBAS LEFT THE MEETING AT 1:30 O'CLOCK P.M. THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK.READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a in the matter of In the _ — Court, was pub - (fished in said newspaper in the issues of------- �..�-�. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this — -d of— — A.D.�_— _ • (Business Manager) (Clerk the Circuit Court, Indian River County, Florida) (SEAL) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Com•- missionersofIndian River County, Florida, will receive sealed bids to the hour of 1:30 P.M., Wednesday, March 20, 1974, for the following: ITEM: One Rubber Tired Wheel Loader With General Purpose 31/7 Cubic Yard Bucket. INSTRUCTIONS TO BIDDERS, specificailons and bidding forms are available at the office of the County Court House, Vero Beach, Florida, or will be mailed upon request. Board of County Commissioners Indian River County, Florida By: Aima Lee Loy Chairman Feb. 24, 28, 1974. THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO SUBMIT ANY BIDS. THERE WERE NO ADDITIONAL BIDS, AND THE CHAIRMAN STATED THAT THE BIDS RECEIVED WOULD BE OPENED LATER IN THE MEETING. -13- MAR 20 1974 Back 19 ?4A55 t R,rer: 1 THE HOUR OF 1::0 O'CLOCK P.M. HAVING PASSED, wrtv. Caamylan Nc.mMlr tam 2. S; THE DEPUTY CLERK READ THE FOLLOWING NOTICE ]L,e ,a••D»b . a Lose. •nN•;s ry 1.an B) r Gnwt1". Lnr ) at— s<�ii ro ie:lPon < WITH PROOF OF PUBLICATION ATTACHED TO WIT: ^� VERO BEACH PRESS-JOURHAL • - Published Weekly Vero Beath, Indian River County, Florida COUNTY OF INDIAN RIVER, STATE OF FLORIDA Eefom rhe a,j_jO ad eulhwity pfnp,allr apxa,ad J. 1. SchlAnam,. ho Cn oath ptayaabRfhcl ft Vro e�B..,, at, w Id- �Riw C ty, FIrW4 IFut fM alruhad Copy tif <drt � �1. o� a----- �ic.C%-�n•ee.erC.- �7ra-o�Gf1-x�� 0 M 8e Cpm, wat Ind+• Wad D, aaidneat W M thit Iifua o! is hIlOwd at VeAZI ro Ecach,rt [� ad It IMlana Rr Caua+y, aand �wr Jha IiJ a pa'�3•aapa'hnemfpa ea'tn rwal,aly Gabinlyd m +ak I..tl.an HIM Caunly. Florida, 'aei.tY alk fa+s Deer, Mai ase—il y3+m+it matter at IM pav ofh« :n Va" C.a<n, in aid 1,4 a R.— C Y. Fy" fw < period of one Year revt picc«I.ng In lir>i RaDl.eat:On o• 1ha cMd CODy of edwl- eyemenr, Dnd aff Haat fuemM vy+ mat m, ba n<rhe, Da•d pmno+[an frm w eapmatyn arry d.[cwnr, mbala,cOmmNtyn w mMk Iw them a pu,l'.'n,a of —.g th,'t tsadrer• naemerst fur pybGc•Uan m n rd r,avropapaa• ��••Y,, /� /n� o/�/ Saun Nand Neb-ib,,if baire (CIM4 of,4 C_W, Cwr.1, Ind.L�R.., C—lyFlaNal GEAU MAR 20 1974 �� 19 PAA56 V LESS Rw WbFrbq tefC111,0tl ptpwry: • LESS bllaalnR de3<IIDta proptYlYl (M1meMa Nin• NtMsee+kn .. a fM Nw1n ,me a ae ban en MII a GOvernm<a+ Lor ). Sanyo n. Tmmi1 T R Rr1Re ae Eea,. Im ' toW.1r. r-yr.aa. ne mf x•M+ y Ys•a Ruee A-1- Rt ,a e 1<ar YtM 01 cm• A Iteuy Sit fMlbyl. r,•I ban me E w Stay Ro•O A l alwaN..•q a ts.w[a,irveb me,l9nr mu narNa a rm•,n er se*r es I.el 1 railoi yat AI s�a ie ' eeorer+oe•n" En• a e•Mmc< a lan.n h[r: m a•wnr r:9n1 or war o1 A I. q an0 e e rrna+a Wallrwr m ma+aN• OI O0a ]I reel. Incl to aawen.e wear .rent. - .1 AeY el A I.A sw,n os e<vIM arsr• car a a.•na,n a xan rwl m e Dnmr, taxa pa1n1 wby me Nrerx[tion or Me xwm ntn+<r war of IlataV o -he es on Plar or N.»13 Pat kSaa S.IN- Haan iaslC Yan—c Routes: nlen[a ran Montl me Natn Iynlol aaY Or NMwuY / give to t tyv [m<eve re m• fynr wi + 11$ • e1 - Gl- Inet •nInrn<iefd - e.. G—r a11 LNd bei a,waorycwraea. e�ero twrynr alm • reMuc Or 7•r 43 ,vl a ae a•pm[e of vq at •m,:aN,[e run slaw n,e Lsfr ypnree.aara wrwa plao M. etre •omw• to rnO l•pnr Fria • 01 S9] N Iwr m wC O..1— arerNe a a— 1-1G a,ae < +wa ary +eia rlpnla,r.r a. • w taw b+ne lNl .:m • ..a:u o, • ,aeafer<N m rc n..•m<. er emg>thN: ,Im!<,un Nang ly,f olaav 1 t1rIW a,r• m are m ma •yni a nr ree•a+ er 2.1w xn rn aNan<e er eco a r.a, aenc: aOn9 ttq Eau I:Onrol- Fmy a Narotr p.ve on IT- Iemyt er yn 09 hc+ m rt dila, ll,;palni at of ]Un Na•, b Inc Pll,;Gan me POmlae,e•nnVyraa ban n IS•Se' W.•a a a,Nmca tlnreMIs a ]a OSTM: mmielun f»rM tlwlM Wwr muenie a fRe01M: more• 0 0 ru, xpm w pvr<a rr,r• amu .In wAm a arvrM OS'OY' Vfn+aaamuOr )dra • fnlr aaNO ,an Nvm SD Qepmt?b" Ewa • a,uma a tN.011wr: mtm<«n Sean h mppf A'OY' Eau aMaM• wna Sve m trot, Ihmc• Im Goa aveef ar a•• WN • tliMm[a of Xe. rl !cert ISIM Sean t9 a<gravf. H'0Y'EeN•ava. ]a)1 Late,; mine run S, bNn ro tlMwt01'St^i aONm[e a nl.3Rhet: m[nc<Iv, ban 4 IION ICR aN jeN� lw— S'f ' NeY1C� IS FREBY GIVEN 41 I , Ili.lilwrb aN me tmNo romm.tum nr Y,am R•YM Co,slrY. /IMda. na me FNa,+Cot etawrbw. lenrar•wh alyrarN lne lam..ry rn• �, tla<rleea� CN nmgn rk eJOnw,t a aaun«vm..mVR .e. 'Tmno Did— aV,t TI •M p ICa�x et. ca-11. .,a itY�. tF'ronya•sf NWNmN,rnrl 1 ee [nmgN Man R.IA SIn91• }aloaf: 1. TnN M• ZMNq Nap W emllY INs1Nef t A. P mamlftlmatlM ma me+Mlaa•n9 A e h relatia, i.w nxrlpk pO+uMN m Nam, D_C—ounl'+Y• fbrke. ro art: eaa' annnAWM a erpar19 in mleraf pmordrunil'yro ee neere 0nbtn�Ire N m• N,Mfe<ryn DY WO Ionay I.Orllm•fum m tM temrnl+tial ROnm. In 14= —1 Iine Ot me Scan a GavMnlamr Lot ). RO Vara RIM Cea,fy Cou,fwI— V D. wn. FIOriOa. lnurfae Y. Saryn il. Y-11 O1bWn. It— is Ease. IMI. RIM N+M ne<n a Dail! •tea In eosin eswme. mP m• weft Ya+e RaaQ A l Mym rnMNn. Or n DutIH m relefr mtl ca.rrn3 Man naw Ipea,O b f•.e, Wnr of «m „ArltlneerO.cRY mNala. ran ban a,0 Eafr aay meweN ..:n+of nar a M�o00y, Eommii+a'nef a I aiROM AtAme lmnl�m0 Canty. FIMNJ. M n•nrY tamml{}yn Rmm. bmmaR:YM nsraw�e.a+nl Mfl eS lee+. " N as•mce O+ae ane: NF w.+r Com'v CO•alnoal. Ovo Be•[n, FIM;ea. an wauaavwr. nwrcn )o. mnawq av o1 A 1 A ii•An le rynr a :I N)a. M I:ID p Al Naim Riv 0'.11 tl<grM OLY)'• Ees„e e`ym<e N 1in.n her: m 0 an aar oe Ionm9 CommM ft: RNM U.— Nay rM weat r,gaol • A -1-A O elmq • carva ' nntaw Mri.Ci v"•` • rna.mm egMa of Can1Y Comm•Ra eaaf el wt mel•c• afralN• 01 a0a-]I Iwr: Halm RnM ea eY: Alma Leo LO, rNue am awa Alq SVvmf+ Inln+. m f M w Qegrae.s �rar• Eau a a.u.nc• Neumm Jan•]I. 19)4 a ]can Ire+ h a P,.a,. u•tl me9rra eamlxn<a,o -ama NaeOOM d•re es err PIM a Una Illy TreaMnat et Gel qN Bco3 t. paa mJ aA. Caunrr Wxlc Na.m R:rM La RecMaf:,nn,cerm Nang the wnm,wm a aar or „army p:w ane <,vre <a•a.r ro n m0 raMr alM. raha+er m Nam m[e a o.n at awrmv mrat fpr: m feW ,i¢nM Nat p•w Nm9dcvretmtare O raJ•utor Y+r.e4 her mane afre•ce or ]yb we•:mmci ra aw: mum. ryn.a.a`an at iavo 00 �.ei m� ea'� at w)oq Ih Iner[on-Nae rwnre+ re+i cm a.�o� iuoa ' • ane Eav M•ren as aq 01 )IM C' 1 11 Mss+ f n'a• <m ai rn.•.> MAR 20 1974 �� 19 PAA56 V i THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, SHERMAN SMITH, JRA ATTORNEY REPRESENTING THE MOORINGS APPEARED AND MADE HIS PRESENTATION. THE ZONING COMMISSION APPROVED THIS ZONING CHANGE FROM R -IA - SINGLE FAMILY TO A -AGRICULTURAL DISTRICT, ON MOTION BY COMMISSIONER SIEBERT, SECONDED -BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION No 74-19. -15- MAR 201974 Hox 19 pAcE357 RESOLUTION NO. 74-19 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommending changes and additions to the Zoning ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT.RESOLVED by the Board of County Commissioners of Indian River County,. Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That.the�.Zoning Map be changed in order that the following -'I described properti.•owned by The Moorings Development Company, corn- ' prising the area of the Golf Course, situated in Indian River County, Florida, to -wit::'.". --- Beginning at the intersection of the North line of the South one-half of Government Lot 2, Section 21, Township 33 -South, Range'40-East•, Indian River County, Florida, and the West right-of-way of State Road r -1-A (being 50 feet West of center- line), run South and East along the West right-of-way of State Road A -1-A and along a curve concave to the right and having a radius of 5679.65 feet, an arc distance of 628.83 feet; thence continue along the West right-of-way of A -1-A South 18 degrees 08127" East a distance of 1873.25 feet; thence run along the West right-of-way of A -1-A and along a curve concave to the right with a radius of 2814.83 feet an arc distance of 606.31 feet; thence continue along the West right-of-way of A -1=A South 05 degrees 47157" East a distance of 286.22 feet to a point, said point being the intersection of the North right- of-way of Harbour Drive as per plat of Unit III of The Moor- ings as per Plat Book 8, pages 63 and 63A, Indian River County Public Records; thence run along the North right-of-way of Har- bour Drive on a curve concave to the right with a radius of 33.60 feet -an arc distance of 49.15 feet; thence continue along said right-of-way of Harbour Drive along a curve concave to the right with a radius of 347.65 feet an arc distance of 370.46 feet; thence run along the East right-of-way of Harbour Drive on a curve concave to the right with a radius of 390.00 feet an arc.distance of 302.90 feet; thence continue along said right-of-way on a curve concave to the left with a radius of 1088.18 feet an arc distance of 602.03 feet; thence run along the East right-of-way of Harbour Drive on a curve concave to the right with a radius of 2165.00 feet an arc distance of 860.80 feet; thence run along the East right-of-way of Harbour Drive on a curve concave to the left with a radius of 590.00 feet an arc distance of 38.33 feet; thence run South 81 degrees 15,58" West a distance of 283.05 feet to a point on the shore of the Indian River; thence meandering the shore of the Indian River run North 78 degrees 22'22" West a distance of 530.60 feet; thence run North 61 degrees 39112" West a distance of 442.11 feet; thence run North 83 degrees 06102" West a distance of 287.23 feet to a point on the shore of the Indian River; thence continue to meander the shore of the Indian River runn- ing Westerly, Southerly, Westerly, Northerly, Easterly and Northerly to its intersection with the North line of the South BOOK 19 ?A`[358 4 Page 2. one-half of Government Lot 2, Section 21, Township 33 -South, Range 40 -East; thence run South 89 degrees 58'27" East along the North line of the South one-half of Government Lot 2 a dis- tance of 1316.32 feet, more or less, to the Point of Beginn- ing. LESS the following described property: Commence at the intersection of the North line of the South one- half of Government Lot 2, Section 21, Township 33 -South, Range 40 -East, Indian River County, Florida, and the West right-of- way of State Road A -1-A (being 50 feet West of centerline), run South and East along the West right-of-way of State Road A -1-A and along a curve concave to the right and having a radius of 5679.65 feet an arc distance of 628.83 feet; thence continue along the West right-of-way of A-lA South 18 degrees 08127" East a distance of 1873.25 feet; thence run along the West right-of-way of A -i -A and along a curve concave to the right with a radius of 2814.83 feet an arc distance of 606.31 feet; thence continue along the West right-of-way of A -1-A South 05 degrees 47157" East a distance of 286.22 feet to a point, said .point being the intersection of the North right-of-way of Har- bour Drive as per Plat of Unit III of The Moorings as per Plat Book 8, pages 63 and 63A, Indian River County Public Records; thence run along the North right-of-way of Harbour Drive on a curve concave to the right with a radius of 33.60 feet an arc distance of 49.15 feet; thence continue along said right- of-way of Harbour Drive along a curve concave to the right with a radius of 347.65 feet an arc distance of 370.46 feet; thence run along the East right-of-way of Harbour Drive on a curve concave to the right with a radius of 390.00 feet an arc distance of 302.90 feet; thence continue along said right-of- way on a curve concave to the left with a radius of 1088.18 feet an arc distance of 602.03 feet; thence run along the East - right-of-way of Harbour Drive on a curve concave to the right with a radius of 2165.00 feet an arc distance of 860.80 feet; thence run along the East right-of-way of Harbour Drive on a curve concave to the left with a radius of 590.00 feet an arc distance of 38.33 feet to the Point of Beginning; from the Point of Beginning run South 81 degrees 15'58" West a distance of 283.05 feet; thence run North 78 degrees 22122" West a distance of 530.60 feet; thence run North 61 degrees 39'12" West• a distance of 442.11 feet; thence run North 83 degrees 06102" West a distance of 287.23 feet; thence run North 50 degrees 42136" Fast a distance of 759.03 feet; thence run South 89 degrees 58102" East a distance of 598.00 --feet; thence run South 00 degrees 01'58" West a distance of 208.71 feet; thence run South 89 degrees 58102"East a distance of 208.71 feet; thence run South 00 degrees 01158" West a distance of 261.90 feet; thence run South 16 degrees 32122" East a distance of 329.45 feet; thence run South 81 degrees 15'59" West a distance of 14.14 feet •.to . the. point of beginn2 ng. j The above described parcel contains 73 acres, more or less. . Be changed from R-lA Single Family District to A -Agricultural District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. MAR 20 1974 ��x 19 ?W359 THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: b,rn VERO BEACH PRESS -JOURNAL Published Weekly `' s Vero Beach, INdian III -County, Florida r�,,,;n r..•...e f.aa ,r „rrof W.4 elne e' '" 1. COUNTY Of INDIAN RIVER, pna+u-Samar W+ �.an�r f��o yn9 Iv.CI.-'•+1. ••�n...Ja r.Onr ,nay k STATt Of FLORIDA NcM"cRirOm° C'w.ir, rlurge. ro in.v •+ i �v..1, el- r,,,, Bafdw tlr urderuFwd .dMdey P 11, ,rro<,,.d J. J. SelWmalm, w,r eN.. �.- ,n 1- a tsyl Ikyt Ink BuriMrs Manner 01 Pm V- Pe Kh Procr.Jmmal, rceAly Tner of ma NF.... of ma clues v.�r...n'naocn'Yk'"° pub[iJ M at Vero Bea Jt m IrW..I Rarer Ceway, flMaa; the, the avad,ed ropy c par, sW '• me Gornnm.n• Infra Cm•ro+r tr ra..a G.re. comae ,.n •••�«r aauq af. JR les t). in.vv�il- `�7]%C?•'_• fro l.+vrn+.-a•.ur of OlrM �_�////�/,�� YNn. p. ra 1'asf. pan FM,f.WIFE a _-/-�^--"-� !�1 ,��a/// r//'iy---/] pfrvr Caunf r. Flor�ea. W s �r�c Wp+m' fnerrmp: Tence r nncrmv.H3 o//J//�-1 paumhtl ev lellowf. � GM,«I�nr ,mImY b the maDp OF fe��r • Rfcm ma NtY<e•nr Salm<NW Ne.<n"rn<ay Can+°r,m< •Drive: -- -'- me SW '• OI 3,<+•M U, TownarlD S,.Opwn. R.+nea'J pM N;�t.rtl rn < .Yme ra.e 4n*M«ra /� East, run Eau arm, con maai --�.p��/-'-'-----^ nalFacf;Mfna,ln r<r•fo m° a Ora --I ,e me P E.C. awr.t of lm fwyr4+N lYet'an COu Wetf r�Om r waJ•"�s.e of U. - ✓ tl ar r�pr r art rp faa CM•cnmeab.u, eO Wlrel,oa p"wH Nu. is maM< ern3 SeNF ladmreH 4' [a:, aom pp:r�t n me fpYa•.F R C. RR; Way Lne a mr E C. RR: Rahad M Said rm vaper in tM1v I_ of tare r.uM o+waY I.n< pf U !. Nb. 1 In U,, -.Y a - men<e ` or waY Lipp amN j ODI Bw 1-ap ro 1M a ez Z °Int e'fe. a IaaO.NNIa• W a PO•nt: mMca alp;p rl,a r i/L/+•A a!-� b�in�""ees lv"Omnt �� --' "I/T-" bry:lmir,p anp <twp fM Weq Waf,e �v'" �ynp fWYarnm.•nr Lot f atoN 110.00 AfRant fwther feYf that the fold Vere Beach Pr s•1w.MI i a eJarswper 1 nonret war I.ne ul V.S N.mr• No.1.°"c<N 1umee het ro rn- w^ c.bcenrs ° of !nine M wld IMWn Rivet Cowh. aM ,hdt tae eaidf WPvr hal ,y r • a V.o Bexh, N rr kly been . L, a eo,a+ n wren oI lane. m _ been tinwvtly WbliUed .n bid IMian R.rer Cowry, Florida, aM !'aft hNn t0 «res Sal me SW +• et f wcom lots mail -I" at dye Pnf office in Vpro Rexh, in vW Indun Rives Ca me SE '. OI 5«rwn 1). M same more a Ira be =111. !,A)ieet tO.I Ilea nlenrars. fpr 1 re -d of Saw year Mxf P•eceed.ng the f.nt pWl.eahOn o! me attxhed eq iownw�0 1, SOW". Renee m - USI -1; ad alfinnt IunF h. . o=- d a"a V P" Earr; , me w Sfuln F! "a PARCEL IF a: PCOXme. et ate, ecmmt coon ttrlund Iwdtln 1' Yr+ am nW COrpaatWn am/d-, ie a race rap Nwr1.111 Cmn« Sal YiK+Mnt fol p,mlk,tron mlM W fear spapof. rmhn-ef merSOwn ,Oxen Sa •. a m< sw . < me se '. a Gbrttnmm! Lot 3 in sae Sae+. UnM III Itt r aaM b, mprew orf SpNnLm:•or trefprr _. ._... •r_. -AA .-atlh. SAom w and P.b)errbed below -,N,. ay o{.. - ..AO.I f .f.lo a m•nf M ma wnu,aW r ' a 00•±rnmmf wt s, u<,wn � a me swn,wofr r. At faa saal U,wN'll" rout tpa ,/V'` ,� _ ), own+n„0 J1 SONn. R.mOe ^ N Err: r Mce fM Nw,n pdnf m ,rµ• F Ift,F E.C.Fe, a Lme o1 ,ne F..C. RRr (Duffin° M1 I4n9 Ina WeM Nna OI /^l a mr Lor S,o tn<- fUeMe rM N.mttne eOON°'p IFW kwM1l War I W -_-!//C/// rm of fmtl Gpvernmmf to Sue v anNe aw.1 5; WO Bt leaf ro a pou,l aM Ilro to res aa:e o Oepi+vrNOt wmMiie.M (Ckrkof t xar Ceun, Ind f Rlwr County, / me »wn � nc ' '. 1 C Frnm:r a- arq ma North Lane or Ym.iPer.n1 (SEAL) (Sf� To+m3N:p Sl Sourhs'NenQe ip. m0 E., a e a Jae tee Pam; sop rt, eWN faI - a p.nf M fne • EeU rgl�t of ray me F1or1 Eaf CpaU R bwherty ati..w a0'N r¢a 10 a pour, m +M Norm«ly Lmp�f PaakU Iw+•. ,runcp Runt! rv, NW mtl wae of 'T EHt ay Ina M me WHtMY amq Mie Nalh ly LneatnN feh.p ' I R.E.C., Rm wt ay a 0.>I No Sal 9w eJ lap,: Inauka tM Nata tOe pont me t,,I I y C. klF l f way L'wle a 1rW F C G. kR: ma+Nv • of mortes aS'[rArorM Dmm ' • w Nor rn-riy a fa•e E,UMY tme e0na rO.W feet t IenUfC ay. ,opM1W Ater • br ares r«wme m e w•noa I aael of eco. R,N Cosnry tya•t -w"amN N tt Rest aO. Pape 131.,0 O o.."xref of lab. m Say locow roll bre D.ea amt o. V,Se w. wblLpl r: m,'iwa nrenwayL • LESS AND E.CEPT SNR. Re <-,N, nom C.1 Com. • FOLLOWING DESCRIBED • PARCELS: 11. CIN-- ro R ITM Tr<nfimf MOWte No- • • Bp <NNaG. nbn o.l C-- • _' to R IMPaFMaF DiLnkt. Peak hemMp M relay , AbWlf Mdme Part 0.s,rkL Ind°t • • LEES THE FOLLOWING Dy Y.e ylMurq Comm a•onMn11M • FOUR PARCELS OP LAND PALMS WLE VILLAGE - PALMS MOBILE VILLAGE Cowry Cbmm�SWn Room. 4>e.M R, Coun'o CawlMvfe. Vero Bvxr., 1"wfpey. • • tlluatee In m° $tet° a .1- 11. N er f 0q PMIF t M ne Fwad,. Covey et I1. .1 R:rtt 0 bevW p.fr of Nn pxl.ef m Nf'� et mfp <�t�mf wa1 nava ' seakn it wasnw .,om'r.r,nny,o mr•.wr.Dbp ReMf )f F,Sr, fae[1 e.r,Il Call. pak o 1Md PeVr.0c0 n Valine lF).Pmela)rt Mown he'd IF b r 0rud Cowry Cemm.a.uuWrf e COWreY. FWapaln Ceunry Rua hw.,reywRxboi a OeerD a• IY OewnWtl • hW,orf. (omni:fwn p,Om. md.a.r R•.tt Cowry Co✓.hawse. v«o B-,cn. FIwW,. b, N. MrWY.Mwtn )0. • NO. 11 Nc.1-1 a IN4 er 1 -QPM R.r-r .. . e Natnwvsr Corner of Garttnrrrmt Lot S IF wW ., IF, Cenrm.srany exfm BY• Rwm k.- E.-Il ' orcein -, E - I F -d 1M Nwm o s.d Bo.e a Gknty SAN-, I L I I Goremmml la S1. r�. 1. Ceormmk "ll Co." .t=mpcI.1 • e Of'MGlc aneie -, ' sONnMy.vby lM CmeMin a Alfw Gere.NW [rnrwtma AN,. 31. .71 Iw'k'9 Pxaltl to N). f0 I- I, Iron to, «,y LMe 01 U 3. N I is R. SI amN m NlepHO a pen-- ' CM calm- a byre a ' Mna1 ran.1 . A m0 CMr«Ina Sal bycl I., at ' ImN 113 WN',' 10 a point Sal MI«wc11M tat waPr.1 D. of Ih11 W AG! LMe Ot D. NIM Bvw FI- • t01Oi Was «�y •flint° ...II Tld.m Iter le a pour el M• m my tarfhmly ' Lmpiol O A" - Mlm.N 'Now norm : tn0 Ill in n l.x' 0/ U.3. No. 1 15-51. - • a -S1. -11 .,.,Ivw - NUM Ui'd wrirMylauemN fico N 1-c• a roml. m r«fir ,mN foe N ieil Faa o-Mrt n IM cm,Mtre a Nola w":[n pmnt LM t . Nor,nly aoM one rMrnlme tt.,At- • of a.w G..t amw Ws.roftpt nom Ino wWt•na axe Sal • DM.nninR: S-1 spur alIII. m • FNt W et..w fe5If fM ro ,na axe of nn. x ry c wmc:pa P, Ma < na•a aM 1 JO! Inv ba w � �,o a�ieed " ' nrMr,yf PARCEL NO 2; SI - a 1n1 SOvn.Fefl Corner of j Gorrnm+..f t. a M wW !,'(tial 1.. rM 1-11- IM Sawn-rlr t d 1 eme.nmr-+Lor anima -d Ia.eo 1 ISI to A NwmcrlY aaa d ane pxNlpl ro u! No. 1 Me Jw.N leap WOff«,y r ttelmm, files p.alel W Gira arW 9afl.owN .-11 NF-In<r Aetm- r1 w vMi r asiw saw-, w -r lao. leer Y LiM a u !N%.let a. laid ' ' Y 'Lne eaofmt I .N1<•.••fkom'M�.O Soo 'to • C.+net 1 f bt a m rM nr<Ime SONnttly cow �ai w r<w+ fe ro a Pent m° N r Lme of my<p MMus: m� n EaVcrtY atmbW u:d nNx nrro Line Jp W frc, .e �e U E. NO 1: a re,NN amp u. Pvwi�,•M a.Mre.•• to Ina eme•Ja aaee ION acref.'c I •a,vUUc conal Itpa - PARCEL ,ND ). "X."'.rni a Cc rnof fgrttnmn+La 5 .n f.e Sn•.m 11 r. IYa,np t �, r.•. r •4 ' .n1 P,wLc •lit pW. .r -+.. -nuy: •n0 p.e,ne' w al YS NO 1.:. ••.�... rr O, AR 2 0 1974 iia f9 faE[366 r y DON ALLEN, OWNER OF WHISPERING PALMS MOBILE VILLAGE APPEARED AND MADE HIS PRESENTATION. DEWEY WALKER, ZONING DIRECTOR STATED THAT THE ZONING COMMISSION RECOMMENDED APPROVAL OF THE ZONING CHANGE FROM C-1 COMMERICAL TO R-ITM TRANSIENT MOBILE HOME DISTRICT. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE AND ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION N0. 74-20. -19- 4 Gm 11 RESOLUTION 110. 74-20 V'HEREAS, the Zoning Commission of Indian River County, F3or- ida, did, after public hearing, make its final renort recommending changes and additions to the Zoning Ordinarce of Indian River County, Florida; and, WHEREAS, this Troard did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation theret o at which parties in interest and citizens were heard: Now, therefore, BE IT REVOLSED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accomnarying Zoning Map, be changed as follows: 1. That the Zoning flap be changed in order that the following ---� described property owned by Dormal W. Allen & Isabelle K. Allen, and Harold W. Allen & I'Erma D. Allen and known as Whisnering Palms Mobile Village, situated in Indian ?river County, Florida, to -wit: That part of the NE 1/4 of the SW 1/4 and Government Lots 4 and 5, Section 17, Tovnship 31 -South, Range 39 -Fast, Indian River County, Florida, described as follows: From the NW corner of the *1W 1/4 of the SW 1/4 of Section 17, Township 31 -South, Range 39 -East, run East along the one-half section line 1263 feet to the point of the inter- section of the one-half section line with the West right-of- way line of U. S. Highway No. 1; thence run South 26 degrees 44' East along said right-of-way line of U. S. Highwav No. 1 a distance of 293.8 feet to the noint of beginning; thence continue Southeasterly on the same beginning and along the West right-of-way line of U. S. Iii ghway JTo. 1 a distance of 2177.6 feet to the North line of the South 10 acres of the SW 1/4 of the SE 1/4 of Section 17, Township 31 -South, Range 39 -East; thence run South 88 degrees 42' West along the North line of the South 10 acres of the SW 1/4 of the SE i/4 a dis- tance of 1050 feet, more or less, to a point on the West line of Government Lot 5, Section 17, Township 31 -South, Range 39 - East; thence run North along the West line of Government Lot 5 to the NTV1 corner of said Government Lot 5; thence run West and along the South line of the NE 1/4 of the ST -1 1/4 in Sec- tion 17, Township 31 -South, Range 39 -East a distance of 368 feet, more or less, to a point on the Fast right-of-way line of the Florida East Coast ]Pailway; thence run Ni,' and along the East right-of-way line of the F. E. C. Railway a distance of 940.82 feet; thence run North 72 degrees 45' East to the point of beginning; being the same lands conveyed to Mae Aker by deeds recorded in Indian River County Public Records in Deed Book 60, page 151 and Deed Book 61, page 303. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: Be changed from C-1 Commercial District to R-lMP Mobile Home Park District. LESS THE FOLLOWING FOUR PARCELS OF LAND U71TITIN 11TISPERING PALMF P40BILE VILLAGE Situated in the State of Florida, County of Indian River and being parts of Section 17, Townnhip 31 -South, Pango 39 -rasa, specifically parts of land described Jn Volume 31)2, Page 143 MAR 20 1971461 w(362 4 ra Page 2 of Indian River County Records and being individually des- cribed as follows: PARCEL NO. 1; Bcginninq at the Northwest Corner of Govern- ment Lot 5 in said Section 17, run Easterly along the Norther- ly Line of said Government Lot 5 about.270 feet to the Center- line of Alisa Drive and the principal place of beginning; thence run Southerly along the Centerline of Pslisa Drive, said Centerline being parallel to 287.50 feet Westerly from the West- erly Line of U. S. No. 1 (S. R. 5) about 40.00 feet to a point in the Centerline of Joyce Avenue; thence run Easterly along the Centerline of Joyce Avenue about 135.00 feet to a point of intersection with the.prolongation of the Westerly Line of D. Allen Boulevard; thence run Northerly along said Westerly tine about 220.00 feet to a point of intersection with the Northerly Line of D. Allen Boulevard; thence run Easterly- along asterlyalong the Northerly Line of D. Allen Boulevard, about .160.00 feet to its intersection with the Westerly Line of U. S. No. 1 (S. R. 5); thence run Northerly along said Westerly Linea bout 330.00 feet to a point; thence run Westerly about 290.00 feet to a point in the Centerline of Alisa Drive, which point lies Northerly along the Centerline of Alisa Drive about 585.00 feet from the principal place of beginning; thence run Souther- ly along said Centerline about 585.00 feet to the principal place of beginning and containing about 3.305 acres, be the same more or less but subject to all legal highways. PARCEL NO. 2; Beginning at the Southwest Corner of Government Lot 4 in said Section 17, run Easterly along the Southerly Line of said Government Lot 4 about 165.00 feet to a point; thence run Northerly along a line parallel to U. S. No. 1 and 380.00 feet Westerly therefrom, also parallel to Alisa Drive and 92.50 feet Westerly therefrom, about 485.00 feet to a point; thence run Westerly about 145.00 feet to a point; thence run Souther- ly about 280.00 feet to a point in the Westerly Line of said Government Lot 4, said point lying Northerly along said Wester- ly Line about 160.00 feet from the said Southwest Corner of Government Lot 4; thence continue in the same straight line Southerly about 285.00 feet to a point in the Northerly Line of Joyce Avenue; thence run Easterly along said Northerly Line about 20.00 feet to a point on aforesaid line parallel to U. S. No. 1; thence run Northerly along said parallel line about 65.00 feet to the principal place of beginning and.containing 1.09 acres, be the same more or less but subject to all legal high- ways. PARCEL NO. 3; Beginning at the Northwest Corner of Government Lot 5 in said Section 17, run Southerly along said Lot Line 772.43 feet to the principal place of beginning; thence run Easterly and parallel to the South Line of said Government Lot 5 about 165.00 feet to a point; thence run Northerly and para- llel to U. S. No. 1 about 110'.00 feet to a point in the Center- line of Mark Allen Drive; thence run Westerly along said Center- line which is parallel to the South Line of said Government, Lot 5, about 50.00 feet to a point; thence run Northerly about 540.00 feet to a point in the Centerline of Joyce Avenue, said point lying about 120.00 feet Easterly from and at right angles to the Easterly Right -of -Way Line of the F. E. C. RR; thence run Easterly along the Centerline of Joyce Avenue about 90.00 feet to a point in the Centerline of Edward Drive; thence run Norther- ly along said Centerline about 65.00 feet to an angle point therein; thence continue along said Centerline Northwesterly about 500.00 feet to its intersection with the Centerline of Clifford Drive; thence continue along said Centerline and para- llel to the F. E. C. RR Right -of -Way about 180 feet to a point; Thence run Westerly and at right angles to said Centerline about 60.00 feet to a point in the Easterly Right -of -Way Line of the F. E. C. RR; thence run Southerly along said Right -of -Way Line about 1440.00 feet to a point; thence run Northerly along the Westerly Line of said Government Lot 5 about 120.00 feet to the principal place of beginning and containing about 4.385 acres of land, be the same more or less but subject to all legal.high- ways. OR2g1974 soox 19 m363 Page 3. PARCEL t:n. 4; Heginninq at the Nor.thv(-st Corner of Covnrrm-nt Lot 5 in said section 17, run Westerly along the Fouth Line of the Forthcast 1/4 of the Southwost 1/4 of s. -lid section 17 about 368.52 feet to a point in the Easterly Right-of-?'av Line of. the F. E. C. F.r:; thence run Mortherly along said Right-of-Vav Lino. about 940.82 feet to a noint and the nrincinal nlacP of heginn- ing; thence run hasterly alonq the 'forth Lire of 14hisner.ina Palms pronerty about 340.00 feet to a noint; thence run Souther- ly about 40.00 feet to a noint in the northerly Line of Fatrici.z Lane; thence run westerly along said northerly Line about 330.00 feet to a noint in the Fanterlv Right -of -Way Line of the r. R. C. RR; thence run Fortherly along said Easterly Line about 7Q.00 feet to the principal ulace of beginning and containing about 0.403 acres of land, be the same more or less but subject to all legal highways. Be changed from C-1 Commercial District to R-1T1I Transient Mo- bile Home District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. oaot 19 PAG[364 . COMMISSIONER DRITENBAS RETURNED TO THE MEETING AT 1:45 O'CLOCK P.M. THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BEACH PRESS -JOURNAL NOTICE NOTICE IS HEREBY. GIVEN that the Zoning Commission of Published Weekly Indian River County, Florida, has y tentatively approved the following changes and additions to the Vero Beach, Indian Rider County, Florida Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: COUNTY OF INDIAN RIVER: 1. That the Zoning Map be STATE OF FLORIDA changed in order that the following described property, situated in Before the undersigned authority personally appeared J. J. Schumann, who on oath Indian River County, Florida, to - says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper wit: published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- The South 250 feet of the North 1,000 feet of the West 5.4 acres • of the East 15.4 acres of Traci — _ _ _ _— -^— 16, (less canal), Section 11 ment, being a , Township 33•South, Range 38• East, according to the last general plat of Indian River the matter Of ____ .___——____ Farms Company filed in the office of the Clerk of the Cir - 0 / O _v cuit Court of St. Lucie County, _ Florida. Subject to easements ---- '— "-- and restrictions of record. __ '-- ---7--- .�— �/.- � ce SUBJECT to an easement for b.l ingress and egress over the the �_�_� _ - ourt, was pub- East 30 feet of the above described property and TOGETHER WITH an lished in said newspaper in the issues of easement for ingress and egress over and across the East 30 feet of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal ), Section 11, Township 33 -South, Range 00 feet thereof. This easement Affiant further says that the said Vero Beach Press -Journal is a newspaper published at 38 -Eft, LESS the North nt Vero Beach, in said Indian River County, and that the said newspaper has heretofore feet t runs with the land and is to be used in common with other been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached c of adver- owners and occupants of the y p g P copy West 5.4 acres of the East 15.4 tisement; and affiant further says that he has neither paid nor promised any person, firm or acres of Tract 16, (less canal), corporation any discount, rebate, commission or refund for the purpose of securing this adver-' Section 11, Township 33 -South, tisement for publication in the said newspaper. Range 38 -East. Be changed from A- ,y�� Agricultural District to RAE Sworn to and subscribed before rt�this�_ _—�zJay f.__ __ _—�_ A.D.! �__. Country Estate. A public hearing in relation thereto at which parties in interest .____ _ ----_------___-- -- - '(..- - ;------- and citizens shall have an op. (Bus ss imager) portunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian ------- _ ZRiver County Courthouse, Vero (Clerk oft ircuit Court, Indian River County, Florida) Beach, Florida, Thursday, (SEAQ February 21, 1974, at 7:30 P.M., after which a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, March 20, 1974, at 1:30 P.M. Board of County Commissioners Indian River County By: Alma Lee Loy, Chairman Indian River County Zoning Commission By: Ralph Sexton, Chairman Jan. 31, 1974. -23- ®1974 efla 19 ? X65 KENNETH MATUCHA, REPRESENTING RAYMOND WIDENHAM HADLEY, JR., APPEARED AND MADE HIS PRESENTATION. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. DEWEY WALKER STATED THAT THE ZONING COMMISSION RECOMMENDED APPROVAL OF THIS ZONING CHANGE. THIS PROPERTY DOES NOT BORDER ON A PUBLIC ROAD, AND A SPECIAL EXCEPTION PERMIT WILL BE REQUIRED IN ORDER FOR THIS PROPERTY TO BE DEVELOPED. ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE ZONING CHANGE REQUESTED BY RAYMOND WIDENHAM HADLEY AND ALSO APPROVED A SPECIAL EXCEPTION PERMIT FROM THE CURRENT REQUIRE- MENTS THAT THE PROPERTY BE ON A PUBLIC ROAD FOR DEVELOPMENT. RESOLUTION N0, 74-21 FOLLOWS: I -24- MAR 20 1974 a 19 ?AcE366 RESOLUTION NO. 74-21 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommending changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the following described property owned by Raymond Widenham Hadley, Jr., Repre- sented by Jay A. Smith, Inc., situated in Indian River County, Flor- ida, to -wit: The South 250 feet of the North 1,000 feet of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal), Section ll, Township 33 -South, Range 38 -East, according to the last general plat of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida. Subject to easements and restrictions of record . . SUBJECT to an easement for ingress and egress over the East 30'feet of the above described property AND TOGETHER WITH an easement for ingress and egress over and across the East 30 feet of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal), Section 11, Township 33 -South, Range 38 -East, LESS the North 1,000 feet thereof. This easement runs with the land and is to be used in common with other owners and occupants of the West 5.4 acres of the Fast 15.4 acres of Tract 16, (less canal), Section 11, Township 33 South, Range 38 -East. Be changed from A -Agricultural District to R-lE Country Estate District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. -25- MAR 25- MAR 201974 flau 19 earE367 4 THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: VERO BEACH PRESS -JOURNAL Published !Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says he Beach published ateManager tos Vero Beach inInd anRiver County, Florida; that the attacweekly copynewspaper f advertise- ment, being a the matter of the — - — Court, was pub- lished in said newspaper in the issues of------ /—�}-r—yL,L/ Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been Florida as second class mail matter at the post office in Vero Beach, in said Indian River County, for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this.__ - A.D./ -- - (Busin Manager) (Clerk o e Circuit Court, Indian River County, Florida) (SEAQ THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO B HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY COMMISSIONER SIEBERT, THE BOARD NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows, 1. That the Zoning Map be changed inorder that the following described property, situated in Indian River County, Florida, to - wit: The South 250 feet of the North 750 feel of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal), Section 11, Township 33 -South, Range 38- East, according to the last general plat of Indian River Farms Company filed in the office of the Clerk of the Cir- cuit Court of St. Lucie County, Florida. Subject to easements and restrictions of record. SUBJECT to an easement for ingress and egress over the East 30 feet of the above described property AND TOGETHER WITH an easement for ingress and egress over and across the East 30 feet of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal ), Section 11, Township 33 -South, Range 38 -East, LESS the North 750 feet thereof. This easement runs with the land and is to be used In common with other owners and occupants of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal ), Section 11, Township 33 -South, Range 38 -East. Be changed from A - Agricultural District to R-115Country Estate District. A public hearing in relation thereto at which parties in interest and citizens shall have an op- portunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, February 21, 1974, at 7:30 P.M., after which a public hearing in relation thereto, at which parties In interest and citizens shall have an opportunity to be heard, will be held by the Board Of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, March 20, 1974, at 1:30 P.M—Board of County Commissioners Indian River County By: Alma Lee Loy, Chairman Indian River County Zoning Commission By: Ralph Sexton, Chairman Jan. 31, 1974, UNANIMOUSLY APPROVED THE ZONING CHANGE REQUESTED BY .JOHN PARKER AND ALSO APPROVED A SPECIAL EXCEPTION FROM THE CURRENT REQUIRE— MENTS THAT THE PROPERTY BE ON N PUBLIC ROAD FOR DEVELOPMENT. RESOLUTION N0. 74-22 FOLLOWS: -26- MAR 20 1874 em 19. PA68 RESOLUTION NO.74-22 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommending changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, - BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the following --3described property owned by John M. Parker, Represented by Jay A. Smith, Inc., situated in Indian River County, Florida, to -wit: The South 250 feet of the North 750 feet of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal), Section 11, Township 33 -South, Range 38 -East, according to the last general plat of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida. Subject to easements and restrict- ions of record. SUBJECT to an easement for ingress and egress over the East 30 feet of the above described property AND TOGETHER.WITH an easement for ingress and egress over and across the East 30 feet of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal), Section 11, Township 33 -South, Range 38 -East, LESS the North 750 feet thereof.. This ease- ment runs with the land and is to be used in common with other owners and occupants of the West 5.4 acres of the East 15.4 acres of Tract 16, (less canal), Section 11& Township 33 -South, Range 38 -East. Be changed from A -Agricultural District to R-lE Country , Estate District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. -27- Book 19 ?a6[3 THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: VERC BEACil PRESS -JOURNAL Published Weekly NOTICE NOTICE IS HEREBY GIVEN that the -Zoning Commission of Vero Beach, Indian River County, Florida Indian River County, Florida, has tentatively approved the following changes and additions to' the Zoning Ordinance of Indian River COUNTY OF INDIAN RIVER: County, Florida, which changes STATE OF FLORIDA and additions are substantially as follows: Before the undersigned authority personally appeared J. J. Schumann, who w oath t. That the Zoning Map be says that he is Business Manager of the Vero Beach Press-JOUnlal, a weekly newspaper changed in order that the following published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- described property, situated in Indian River County, -Florida, to- • wit _ _ Tract 1, Section 34, Township ment, being a _�_- ------ 33 -South, Range 39 -East In - than River County Records. Be changed from C-1 COm- _—____ _in the matter of ------------t---- —'- mercial District and R-1 Single Family District to A. Agricultural District. A public hearing in relation _____----- `•]��,:../ ,r -m+'. thereto at which parties in interest �•�r-'�'�✓ ,7 f,; �,.ti,` and citizens shall have an op- }}��`` r- Courl-, was pub- by said to be g heard will be held the -------- ° by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero lashed in said newspaper in the issues of------- -- ---- Beach, Florida, Thursday, February 21, 1974, at 7:30 P.M., after which a public hearing in relation thereto, at which parties _ �-- in interest and citizens shall have an opportunity to be heard, will be Affiant further says that the said Vero Beach Press-Joumal is a newspaper .published at held by the Board of County Vero Beach, in said Indian River County, and that the said newspaper has heretofore Commissioners of Indian River been continuously published in said Indian River County, Florida, weekly and has been entered County, Florida, in the County as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Commission Room, Indian River for a period of one year next preceeding the first publication of the attached copy of adver- -County Courthouse, Vero Beach, tisement; and affiant further says that he has neither paid nor promised any person, firm or Florida, on Wednesday, March 20, Corporation any discount, rebate, commission or refund for the purpose of securing this adver- 1974, at 1:30 P Board1:County tisement for publication in the said newspaper. Commissioners 2Q%% meq+ Indian River County __ ems! __ -da of.— --- --+--- A•O•�L–— By: Alma Lee Loy, Sworn to and subscribed before me thi Y Chairman Indian River County yl �/LW--- _ Zoning Commission (B ess Manager) By: Ralph Sexton, Chairman Jan. 31, 1974. (Clerk o e Circuit Court, Indian River County, Florida) (SEAL) J. W. DANSON, MANAGER FOR .JOHN TRIPSON DAIRY APPEARED AND MADE THE PRESENTATION. DEWEY WALKER STATED THAT THE ZONING COMMISSION RECOMMENDED APPROVAL OF THE ZONING CHANGE, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD) THERE WERE NONE. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION. AR 20 1974 BOOK 19 PAEE370 RESOLUTION No. 74-23 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommepdinq changes and additions to the Zoning Ordinance of Indian Fiver County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, - BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning ordinance of Indian River County, Florida, and the accompanying Zoning flap, be changed as follows: 1. That the Zoning Ilan be changed in order that the following --."described property owned by Jo Bar Farms, Inc., John R. Tripson,.. situated in Indian River County, Florida, to -wit: Tract 1, Section 34, Township 33 -South, Range 39 -East Indian River County Records Be changed from C-1 Commercial District and R-1 Single Family District to A -Agricultural District. All within the meaning and intent and as set forth and describ- ed in said Zoning Pegulation. 4 -29- MAR 2017 4 eooK 19 PaA71 Z THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a -- — — A�.--in the matter of�-J--- ty _�)'iC, --in the lished in said newspaper In the issues of Court was pub - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before this _ 7 __ of___ __—_ A.D._—L_/_ _ (((/// (Business Manager) o 01 ( lerk of Circui"t Court, Indian River County, Florida) _ (SEAU NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida,has tentatively approved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows; 1. That the Zoning .Map be changed in order that the following described property, situated in Indian River County, Florida, to - wit: Lots 1, 2, 3, & 11, Block A AN D Lots 1, 2, 12, 13, & 14, Block B, Reams Glen Subdivision, according to plat filed in the - office of the Clerk of the Cir- cuit Court of Indian River County, Florida, in Plat Book 6, page 46; said land lying and being in Indian River County, Florida. Be changed from R-1 Single Family District to B-1 Planned Business District. A public hearing in relation thereto at which parties in Interest and citizens shall have an op- portunity to be heard will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, February 21, 1974, at 7:30 P.M., after which a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, March 20, 1974, at 1:30 P.M. Board of County Commissioners Indian River County By: Alma Lee Loy, Chairman Indian River County Zoning Commission By: Ralph Sexton, Chairman Jan. 31, 1974. t SAL BRENNAN, PLANNING DIRECTOR STATED THAT AT THE ZONNING COMMISSION MEETING RESIDENTS OF THE REAMS GLEN SUBDIVISION APPEARED IN OPPOSITIION TO THIS ZONING CHANGE. THE ZONING COMMISSION DENIED THIS ZONING CHANGE BECAUSE IT MAY BE PREMATURE TO REZONE IT TO B-1 BUSINESS DISTRICT, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY DENIED THE ZONING CHANGE AS REQUESTED BY PETER SABONJOHN. -30- AR 201 74 oo FAA72 t THE CHAIRMAN OPENED BIDS FOR A WHEEL LOADER MARINE POWER CORP. $52,300.00 LESS TRADE IN Z,25Q.00 KELLY TRACTOR COMPANY $51,116.00 LESS TRADE IN 9.125,00 4. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF KELLY TRACTOR COMPANY FOR A RUBBER TIRED WHEEL LOADER WITH GENERAL PURPOSE 3 1/2 CUBIC YARD BUCKET AS BEING THE LOWEST AND BEST BID IN THE AMOUNT OF $41,991.00 INCLUDING TRADE-IN,SUBJECT TO REVIEW OF THE BID SPECIFICATIONS BY THE ADMINISTRATOR. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISISONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING LETTER BE MADE A PART OF THESE MINUTES. -31- BOOK t9 PAP J73 I LAW OFFICES SMITH. 11EATH. SMITII air. O-HAIRE $HERMAN N. SMITH. JR. Geoaae HeATH CHARtes E. SMrrH MICHAHL O'HAIRS TRONAS THATCHER JEROIAE D. Qum" SHER/eAN N. SMrr 4 III Mr. Jack G. Jennings County Administrator Courthouse Vera -Beach, Florida 32960 Dear Jack: March 6, 1974 14 J Vi Ll P. O. Box 1030 VERO BEACH. FLORIDA 32960 . TasaHoNe 567-4351 ARBA Cove 305 surra 201 2205 14TH AveNue As promised at the meeting of the Board of County Commissioners today, I herewith advise that the water system being installed in the sub- division known as "Dunes of Deauville", owned and being developed by Vero Beach Deauville, Inc., will not be installed, maintained or operated as a utility by the developer. This water system will be connected into the water system of the City of Vero Beach which has a large main passing through this area within the right-of-way of State Road AIA. The developer will not sell water to anyone, nor will the developer furnish water to anyone. All the developer is doing is putting in an extension of the existing City system to the same extent and - under the same conditions as the City now serves the area south of the City of Vero Beach under what is known as the "City of Vero Beach Moorings Water Agreement". Pursuant to the Board of County Commissioners' actions of today, this means that no one needs a franchise and no one needs a permit for the water system. We understand there must be a sewer franchise and there must be a utility permit issued for construction of the sewer system, both by the County. By copy of this letter to Flip Lloyd, I am asking him to furnish to the County -.all of the sewer plans and specifications and to make application ` for the utility permit. With respect to the sewer franchise, Vero Beach Deauville, Inc., the developer, has been negotiating for some time with Treasure Coast Utilities, Inc., to formulate an agreement for the installation, operation and maintenance of the sanitary sewage facilities.. Several drafts have been made of the agreement. It contemplates that the utility company V1111 make application to the County for the issuance of a sewage franchise in the name of the developer. Unless we consummate this agreement in the very near future, we will just go ahead on behalf of the developer and make application for the sewer franchise. Sincerely, SKIS, Jr.: SMP Sherman N. Smith, Jr. cc: Mr. Paul Burch, County Attorney Mr. R. F. Lloyd -32- eook -19 Pacf374 THE ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM KYLE SAMSON QUESTIONING THE DELAY IN RECEIVING HER TAX ASSESSMENT NOTICE. THE BOARD AGREED THAT THE CHAIRMAN SHOULD ANSWER THE LETTER INDICATING THAT THIS WAS AN UNUSUAL YEAR IN THAT IT REQUIRED ALL THE PROPERTY IN THE COUNTY BE REASSESSED AT TRUE MARKET VALUE, AND THIS WAS THE REASON FOR THE DELAY AND IT WAS IMPOSSIBLE TO SEND OUT NOTICES OF THE DELAY, BOT IT WAS FREQUENTLY PUBLISHED IN THE LOCAL NEWSPAPER. THIS LETTER IS TO BE FORWARDED TO HOMER C. FLETCHER, TAX ASSESSOR, FOR HIS ANSWER. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED THE DEPART- MENT OF TRANSPORTATIONS RESOLUTION OF USE OF SECONDARY ROAD FUNDS FOR PRIMARY ROADS. t -33- 0 X974 era 1 PAGE 375 E X H I B i T "All RESOLUTION'OF USE OF SECONDARY ROAD FUNDS ADOPTED March. 20, 19 74 FOR �► ' FISCAL YEARS 1974-1975 COUNTY OF INDIAN RIVER • L SECTION I: The Board of County Commissioners concurs in*the use of aforesaid funds for the following • purposes and projects, and their inclusion in the Florida Department of.•Transportation's o annual budget and program of work.for the above -listed five-year period.., m .(a) Right of Way for the following Primary Roads: B.I. No. Project Description (1) 4153.02 Dixie Avenue from. SR 612 to SR 60 (20 St. -in Vero Beach) (2) 415,310 19th Place.Oneway Fair from NW 20 Avenue to SR5 (3) 415311 SR 656 from SR 5 to'E. of Intracoastal! (4) .4.15332 SR 60 from SR 5 to Indian River Blvd. • Submitted.By: J. March 20 1974 Alma Lee Loy, Chairman :. Board of County Commissiqners Indian River County, Florida THE FOLLOWING DEEDS REGARDING AN EXCHANGE OF RIGHT- OF-WAY BETWEEN HOGAN AND SONS CITRUS CORPORATION AND INDIAN RIVER COUNTY WHICH THE BOARD APPROVED AT THEIR FEBRUARY 20,1974 MEETING, ARE HEREBY BEING MADE A PART OF THESE MINUTES, -35- eooi "19 ?APL377 DEED FROM INDIAN RIVER COUNTY THIS DEED, made this 20th day of March 1974, by the County of Indian River, State of Florida, party of the first part and HOGAN AND SONS CITRUS CORPORATION, a Florida corporation, party of the second part. WITNESSETH:- That the said party of the first part for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid w by the party of the second part, the receipt whereof is hereby acknow- ledged, has granted, bargained and sold to the party of the second part, his heirs, and assigns forever, the following described land, to -wit: The West 30 feet of the East 80 feet of Tract 1 and the West 30 feet of the East 80 feet of the North 30 acres of Tract 8, Section 36, Township 33 South, Range 38 East, according to the last general plat of lands of the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, page 25. IN TESTIMONY WHEREOF, and by virtue of authority vested by law in the Board of the County Commissioners, and for and on behalf of the County of Indian River, State of Florida, we,the undersigned, as members of the Board of County Commissioners and constituting a majority thereof have thereunto set our official signatures and seals, attested by the Clerk of the Circuit Court for said county, this the 20th day of March , 1974. Signed, sealed and delivered INDIAN IV ER COU TY in the presence of: / By: C 12, (SEAL) Board County. Co nus loners 4 (SEAL) i ` m er oar ou ty C mmissi.oners (SEAL) Mem er Bo--ounty C J . si.oners Attest: 7"L (SEAL) Member Board County (SEAL) Commioners Cler of Circuit Gourt Indn River County, Florida. y c,�� / . d (SEAL) Q.�...� � v e Mem er Boar County ommissioners This Instrument Prepared By: Lawronce A. Barkett, Esq. P. 0. Box 760 Vero Beach, Florida 32960 AR eooK n r,asf e378 0 974 G" 1T-CIAt1' rrrb RAh1CO VOHM 42 fbG!a CG"l'GraiWn tri ,rrm L Mfr I "1'•I, Executed this 5th day of March A. 1). 1974 , by IIOGAN AND SONS CITIZLS CORPORATION a corporation exi�linff ander the laws of Florida and having its principal place of business at Vero Beach, Florida first party, to Indian River County, a Political Subdivision of the State of Florida second party: (Wherever used herein the terms "first party" and "second party" shall inrlude singular and plural, heirs, letal rep,w!ttati,m and assigns of individuals, and the successors and assigns of corporations, wherever,the Contest so admit; or requires.) t,ti 7,ftess, ,, That the. said first party, for and in consideration of the sum of S Ten Dollars in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida to wit: The East 30 feet of Tract 1 and the East 30 feet of the North 30 acres.of Tract 8, Section 36, Township 33 South, Range 38 East, being further described as: the West 30 feet of the East 80 feet, Section 36, Township 33 South, Range 38 East, according to plat of the Indian River Farms Company Subdivision as recorded in Plat Book 2, page 25, St. Lucie County, said land now lying and being in Indian River County, Florida. &N 7I.aYC Qk,tid b 1_10-!d the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in laur or equity, to the only proper use, benefit and behoof of the said second party forever. 1-11 �V'U CSS `..srEUtOf the said first party has caused these pres- (CORPORATE SEAL) ents to be executed in its name. and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above e� written. . ATTESTz:-r_.. r:il�GOJ�?�"! HOGAN AND SONS CITRUS CORPORATION r ..................... ......................................................... ........... Felder D, Gunt r Secretary Signed, sealed and delivered in the presence of: % p!3>......7�i7 ! *...................................... GA ........... .....�.............................. T• la• 110 l Pre.ident ^•s � f ' .r 't;...l.!"t .,:..1`-"'1.. .✓................. C.:. ."..-.. STATE' OF FLORIDA } COUNTY Or INDIAN RIVER I Itl'.r.EbY CERTIFY th.st on this day, before Coq an officer duly authorized in the State and County aforesaid u, take arV.naw lr•dtment.. peerw,nAl, appeared T. E. HOGAN and . FELDER D. GUNTER well knnasn Io me w he rix President and Secretary re'l—tively',f tln• "ninrat-ri named as fnst party in the hnr n,n; deed. and that they severally uko-1,•dgml rscniunt the same in the presence of two suhsrtibing witnrs+rs freely and soluntanA nudrr, an0-6ty dnly sesurd is them by add -p- 6- and that the •e,J alFived thereto a the true carp -ate sod of said nnpnrar n. ,. '^'•"" 11'1.1 NESS rm baud and 4iiCi.f seal in the County and State 1-t aforesaid this 5t1). day J March A. 11. 1'r 7.1, ,r fly l7ir+lrr+;runr.rrl/,/4m,1 /.): L'li:'t('l1CC A. 11, 0. Lox Y00 1rlJr, a Vcro 11( Tach, Fl orid.j 321160 MAR 2019%4 HOK �� Pau 379 4 THE ADMINISTRATOR INFORMED THE BOARD THAT AT THE LAST BOARD MEETING, THE REQUEST FOR FINAL APPROVAL OF RIVER RIDGE ESTATES SUBDIVISION WAS CONTINUED UNTIL THIS MEETING BECAUSE HE HAD NOT HAD SUFFICIENT TIME TO REVIEW THE MATERIAL SUBMITTED THE ADMINISTRATOR STATED THAT AFTER REVIEWING THE PLANS, IT WAS FOUND THAT THEY WERE NOT COMPLETE. THE SHERIFF FILED WITH THE BOARD A STATEMENT OF HIS APPOINTMENT OF L.A. BARNES, JR. AS A DEPUTY SHERIFF, AND THE SAID DEPUTY SHERIFF FILED HIS BOND WITH THE CLERK OF THE CIRCUIT COURT WHICH WAS PRESENTED TO THE BOARD. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE BOND OF SAID DEPUTY SHERIFF AND ORDERED IT FILED WITH THE CLERK OF THE CIRCUIT COURT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE ISSUANCE OF A DUPLICATE TAX SALE CERTIFICATE TO .JOHN R. HENSLER. r 4 no MARQ 1974 oca 19 Faa380 D OF COUNTY CO34l SSI(: ik=RS OF I{;flhiF� RIVER Ci;. , tERO BEACH, FLORIDA. Gentlemen: j, John R. Hensler , of the County of Indian River State of Florida being the owner of Tax Sale Certificate No. 13 _ dated the 31st day of May 1972 , in the sum of covering the following described property, to -wit: Feilsmere Farms -Cos Sub, Tract 1326 hereby make application to your Honorable Body to issue a duplicate Tax Sale Certif- icate in lieu of the original described herein for the following reasons: (1) That said Tax Sale Certificate was purchased by me at the regular sale of 19 72 for which I paid the sum of $ 12,84 (2) That said Tax Sale Certificate, or any interest therein, has not been hypothecated, sold, assigned, transferred or delivered by me and -I have - received no consideration therefor. (3) That said Tax Sale Certificate has been lost or destroyed and that I have made diligent search and am unable to locate said certificate. (4) That if duplicate Certificate is issued in lieu thereof and the original F should at any time be located, the same will be surrendered to the County Tax Collector of Indian River County for cancellation. (5) That I, John R. Hensler , as a further consideration acknowledge myself held and firmly bound unto 6rnp F� Mnrs ' County Tax Collector of Indian River County, and his successors in office, in the sum of $ 25.68 , being double the amount of the face value of said Tax Certificate, for payment whereof well and truly to be made, I bind myself, heirs, executors and administrators firmly by these presents should said Certificate be presented by any person whomsoever, assigned or other- wise, for payment or application for Tax Deed thereon. I solemnly swear, or affirm, that the statements contained herein in support of my application for issuance of duplicate Tax Sale Certificate, are true and correct. So help me God. (SEAL) ' es. �,, t is b Sworn to and subscribed before me this 7th day of March 1974 ' Notary Public The foresoing application corning on to be heard on this date by the Board of. t County Commissioners of Indian River County, and after due consideration, the Board having thoroughly investigated said matter and being fully satisfied that said claim is a valid one, It is considered and ordered, upon motion duly made, seconded and carried, that the County Tax Collector of Indian River County be and he is hereby instructed to issue a duplicate Tax Sale Certificate in favor of the above named applicant in lieu of the Certificate above described which has been lost or destroyed, and that proper. record of same be entered in the Tax Sale Record in the office of said Collector, as provided by Laws of Florida. Attest: l d L,/ �-% Chairman, Board of County Commi-ioners Clerk to l oiru AR 2 0 1974 Bao% �a�8� ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR GEORGE M. CHRISTIE FOR RENEWAL PERMIT TO CARRY A FIREARM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR EDWARD E. KIRKLAND, ROBERT ENGBORG AND_ LESLIE W. CARPENTER FOR PERMITS TO CARRY FIREARMS. ' ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF GEORGE E. STOKES, VETERAN SERVICE OFFICE TO TRANSFER $300.00 TO OFFICE EQUIPMENT FUND IN ORDER TO PURCHASE A CHAIR AND FOUR DRAWER FILE CABINET. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF OUT -OF -COUNTY TRAVEL FOR FORREST N. MCCULLARS, COUNTY EXTENSION DIRECTOR, TO ATTEND AN AREA U.S. EMERGENCY PRE- PAREDNESS BOARD MEETING AT FORT PIERCE ON MARCH 25TH, 1974. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLLS FOR COUNTY COURT FOR THE FEBRUARY 1974 TERM IN THE AMOUNTS OF $150.00, $175.00 AND $157.82. REPORT OF CONVICTIONS - COUNTY COURT, FEBRUARY 1974 VIAS FILED IN THE OFFICE OF THE CLERK. INDIAN RIVER COUNTY WELFARE DEPARTMENT MONTHLY REPORT FOR FEBRUARY, 1974 WAS RECEIVED AND FILED IN THE OFFICE OF THE CLERK. THE SHERIFF SUBMITTED AN "ACCIDENTS AT CERTAIN INTERSECTIONS" REPORT WHICH WAS PLACED ON FILE IN THE OFFICE OF THE CLERK. COMMISSIONER BOGOSIAN LEFT THE MEETING AT 3:00 0ICLOCK P.M. COMMISSIONER SIEBERT INFORMED THE BOARD THAT THE RECREATION COMMITTEE HAS STARTED PREPARING FOR THE SUMMER PROGRAM AT KIWANIS-HOBART PARK AND HAVE STATED THAT THE BOTTOM OF THE LAKE HAS TURNED TO MUCK, THEY ARE REQUESTING -40- AR 2 ��74 now 1 PA 382 t THAT THE ADMINISTRATOR INVESTIGATE THIS FOR A POSSIBLE SOLUTION. THE BOARD AGREED THAT THE ADMINISTRATOR INVESTIGATE THIS AND REPORT BACK TO THE BOARD. THE BOARD DISCUSSED THE ISSUANCE OF A PISTOL PERMIT TO JOHN RODDY MORRISON., ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER SIEBERT, THE REQUEST FOR A PISTOL PERMIT BY .JOHN RODDY MORRISON '.'BE DENIED. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE MORE TIME TO INVESTIGATE THIS FURTHER, THE CHAIRMAN STATED THAT THERE WAS A MOTION ON THE FLOOR. COMMISSIONER SIEBERT VOTED IN OPPOSITION, THE MAJORITY OF THE BOARD VOTED IN FAVOR OF THE MOTION AND THE MOTION WAS PASSED. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION OF RITA WILSON FOR ADMISSION TO THE A.G. HOLLEY STATE HOSPITAL. THE BOARD DISCUSSED A LETTER RECEIVED FROM THE INDIAN RIVER COUNTY HEALTH DEPARTMENT, ROBERT W. JENNINGS, DIRECTOR OF SANITATION EXPLAINING THE CURRENT DEPARTMENT OF POLLUTION CONTROL RULES ON ISSUING SEPTIC TANK PERMITS. THE BOARD DISCUSSED A LETTER RECEIVED FROM VERO GLASS AND MIRROR, INC. IN WHICH IT WAS STATED THAT THIS COMPANY DOES ANSWER EMERGENCY CALLS FOR SERVICE FROM COUNTY OFFICES, BUT WHEN THE COUNTY -REPLACES WINDOWS IN THE COURTHOUSE H & C GLASS OF FT. PIERCE GET THE JOB. THIS WILL BE FURTHER DISCUSSED WHEN THE NEXT COUNTY BID PROJECT IS :DISCUSSED. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADVERTISEMENT FOR A PUBLIC HEARING TO AMEND THE ZONING ORDINANCE. -4I- -19 ?Aci.383 UN MOTI-',, 11 0,72-1ISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUStLY AUTHORIZED OUT - OF COUNTY TRAVEL FOR GEORGE STOKES, VETERANS SERVICE OFFICER TO ATTEND THE 23RD ANNUAL STATEWIDE SERVICE OFFICERS TRAINING CONFERENCE AT DAYTONA BEACH MAY 4TH THROUGH MAY 10, 1974, THE BOARD DISCUSSED THE PURCHASING OF BEACHFRONT PROPYERTY. COMMISSIONER BOGOSIAN RETURNED TO THE MEETING AT 4:05 O'CLOCK P.M. COMMISSIONER MASSEY REPORTED TO THE BOARD HIS FINDINGS AFTER INSPECTION OF THE ROSELAND WOMEN'S CLUB BUILDING, HE STATED THAT THE BUILDING IS IN GOOD SHAPE BUT NEEDS GENERAL REPAIRS AND PAINTING. COMMISSIONER MASSEY STATED THAT THERE IS ALSO A DOCK THAT NEEDS REPAIR. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROCEED IN REPAIRING THE ROSELAND WOMEW S CLUB BUILDING. COMMISSIONER DRITENBAS REVIEWED AND RECOMMENDED PAYMENT OF APPLICATION N0. 2 FROM K. D. HEDIN CONSTRUCTION, INC., FOR ALTERATIONS TO THE INDIAN RIVER COUNTY COURTHOUSE IN THE AMOUNT OF $27,724.50. ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER No. 2 FOR ALTERATIONS TO THE INDIAN RIVER COUNTY COURTHOUSE IN THE AMOUNT OF $1,306.90, ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER N0. 3 FOR ALTERATIONS TO JUDGE SMITH AND .JUDGE LEWIS' OFFICES IN THE AMOUNT OF $1,567,50. COMMISSIONER DRITENBAS INFORMED THE BOARD THAT HOMER C. FLETCHER, TAX ASSESSOR, IS IN NEED OF MORE SPACE IN THE COURTHOUSE ANNEX, -42- MAR 1 8.Box �.1 ?ag(384 AFTER DISCUSSION, THE BOARD AGREED THAT COMMISSIONER DRITENBAS SHOULD INVESTIGATE FINDING AVAILABLE SPACE, THE ADMINISTRATOR SUGGESTED THAT AN ADVISORY BOARD TO THE TRANSIT AUTHORITY BE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS. THIS ADVISORY BOARD WOULD CONSIST OF SEVEN MEMBERS, AND IT WAS SUGGESTED THAT THE MUNICIPALITIES SELECT MEMBERS TO SERVE ON THIS ADVISORY BOARD. THE BOARD AGREED THAT JACK G. .JENNINGS, COUNTY ADMINISTRATOR, SHOULD CONTACT - THE MAYORS OF THE INCORPORATED AREAS OF THE COUNTY TO INFORM THEM THAT THE COUNTY COMMISSIONERS ARE LOOKING FOR PEOPLE WHO HAD BEEN INVOLVED IN TRANSIT TRANSPORTATION SYSTEMS, AND WHO WOULD BE WILLING TO SERVE ON THIS ADVISORY BOARD. ' THESE RECOMMENDATIONS SHOULD BE SENT TO THE COUNTY COMMISSIONERS FOR THEIR CONSIDERATION. THE FOLLOWING RESOLUTION N0. 74-15 HAVING BEEN FULLY SIGNED IS HEREBY BEING MADE A PART OF THESE MINUTES. -43- MAR 20 1974 flex 19 ?AA85 RESOLUTION No. 74-15 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" Maguire/Treasure Coast Utilities Franchise': SECTION 2 For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present terms include the future; words in the plural number include the singular and vice versa. The word "Shall" is always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida: (b) "Owner" is the Grantee of the rights under this franchise, that is TREASURE COAST UTILITIES, INC - (c) "Board" is the Board of County Commissioners of the County; (d) "Department" means the Indian River County Utilities Department; (e) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. M (f) "Territory" means the area located in Indian River County, Florida, � t outside the corporate limits of any municipality as the same is more particularly defined and described herein. (g) "Utility" means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems serving more than one building. "Utility" includes wells, pumps, tanks, treatment facilities, force mains, pump stations, collection systems, service fuses and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing 6 2 017.4 B AA86 J j construction of a system or who is providing or proposes to provide sewer service to the public. SECTION 3 There is hereby granted by the County to the Owner, the exclusive franchise, right and privilege to erect, construct, operate and maintain a water and sewer system within the prescribed territory as herein provided and for these purposes to sell sewerage collection and treatment services 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 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: The West 20.29 acres of Tract 4, Section 26, Township 33 South, Range 39 East, according to the last general plat of Indian River Farms Company, filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25; said land now lying and being in Indian River County, Florida, SECTION 5 The Owner shall at all times during 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 or ordinance provide. -2- �� 19 PAA87 4 r SECTION 6 It is expressly understood and agreed by and between the Owner and The County that the Owner shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligences on the part of the Owner 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 on the part of the Owner may be prosecuted directly by such person against the Owner as if no governmental immunity accrued to the County by virtue of the Owner's use of a public place of the County. The County shall notify the Owner promptly after presentation of any claim or demand. SECTION 7. The Owner shall maintain and. operate its plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time. Additionally the Owner shall comply with all requirements of the Department of Health and Rehabilitative Services, Division of Health, the Department of Pollution Control, the Indian River County Utilities Department and appropriate planning agencies relative to construction, design, operation, capacity, maintenance and expansion. 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 and lawful authority vested in said County, pro- vided that such regulations shall be reasonable and not in conflict with the rights herein granted and not in 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 regulations. Upon the termination of this franchise, the Owner shall grant and deliver to the County, upon demand of the County, all of its facilities, system, easements and rights appurtenant thereto (except the treatment plant and the site for same) lying within Indian River County without -3- �oox "19 388 charge to the County. In the event any part or all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any munici- pality of the State of Florida, then in such event the Owner 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 Owner without charge used in its services under this franchise. SECTION 8 Owner shall commence construction of its sanitary sewer treatment and collection system within 90 days from date, otherwise .the franchise created hereby may become void and of no further force or effect at the option of the Board. All the facilities of the Owner shall be constructed only in accordance with plans and specifications approved by the State Board of Health of the State i of Florida and the Indian River County Utilities Department and the quantity and quality of sewerage treatment 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. Whenever it is necessary to shut off or interrupt services for the purposes of making repairs or installations, the Owner shall do so at such time as will cause the least amount of inconvenience to its consumers and unless such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. i SECTION 9 (a) The Owner shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Owner. to exercise its rights and perform its obligations under this franchise, and to 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. -4- MSR 20 197 . 19 eacE389 V M (b) At all times herein where discretionary power is left with the Board of County Commissioners, the Owner, before discretionary action is taken by The Board of County Commissioners, may request said Board that a group of arbitrators be authorized to determine such discretionary action and such group shall consist of: 1. Board's' Consulting Engineer 2, Company Engineer ` 3. One person selected by the two above persons. The Board of Arbitrators so authorized and constituted 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, may be appealed to the Circuit Court of Indian River County by either party. SECTION 10 All pipes, mains, lift stations, pumps, valves and other fixtures laid or placed by the Owner shall be so located in the public places in the County as not to obstruct or interfere with any other uses made of such public places already installed. The Owner shall whenever practicable avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, side- walk, driveway or other surfacing, the Owner shall at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such i surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an 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 Owner shall, upon reasonable notice by the County, remove, relay, and relocate its fixtures at its own expense. The Owner shall not locate any of its facilities nor do any 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 Owner shall have located its -5- i; ti 'i IN f Boa '19 PAG(390 facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Owner thereto, provided, however, in the event of this termination of easement, any person, except the County, requesting such termination shall pay to the Owner, in advance, its costs of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or in the County shall retain an easement not less than ten feet in width for the benefit of the Owner and its facilities. SECTION 11 The Owner shall not as to rates, charges, services, facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedule to which any consumer coming within such classification would be entitled. SECTION 12 (a) The Owner shall furnish, supply, install and make available its water and sewer collection and treatment system to any and all persons within the territory making demand therefor, and shall provide such demanding person with its services and facilities within 90 days from the date of such demand; provided, however, that the Board may, upon application of the Owner,. extend the time for providing such service to such demanding person. In the event, the Owner fails to provide its services and facilities 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 the Owner 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 Owner shall not be required to furnish, supply, install and make available its sewer collection and treatment system to any person within the -6- W ! f� �', . h 1, ` eao�c �. PAG,391 4 4 territory as hereinafter set forth, unless the same may be done at such a cost to the Owner as shall make the addition proposed, financially and physically' feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Owner for all the services under this franchise, to the end, that such rate will produce to the Owner 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 prospective service to the area is not financially feasible shall be the burden of the Owner. SECTION 13 The Owner 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 lessee has filed 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 conditions thereof. In any event this franchise shall not be transferrable and assignable until notice or request for transfer and assignment shall be given by the Owner 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 preceding 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 dis- approve such sale or transfer within ninety (90) days from the date of said public hearing. The consent by the Board to any assignment of this franchise - 7 - • MAR 20 1974 B®o' easc X92 i shall not unreasonably be withheld. SECTION 14 The rates charged by the Owner 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 Owner agrees that it shall be subject to all authority now or hereafter possessed by the County or - any other regulartory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Owner shall have authority to charge and collect not to exceed the following rates: MONTHLY SEWER AND WATER RATES AND CONNECTION CHARGES Sewer and water charges: - $7.50 per unit connected Connection charge: - $457.00 per connection (includes both water and sewer) i Owner's rates shall at all times be subject to the review and approval of Indian River County's Board of County Commissioners and no change may i be made by Owner in the basis of its rates without first making application therefor and public hearing thereon. SECTION 15 The County shall have access at all reasonable hours to all of the Owner's plans, contracts, engineering data, accounting, financial, statistical, -8- MAR 20 197 000K -19 MAW N 4 consumer and service records relating to the property and the operation of the Owner and to all other records, required to be kept hereunder, and it shall file such accounting reports and data with the County when required. SECTION 16 The Owner shall at all times maintain public liability and property damage insurance in such amounts as shall be required from time to time 1 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 Owner.. The County shall be named as an additional insured on ' all such policies of insurance and a copy of the policy shall be delivered to the County Administrator. If any person serviced by the Owner under this franchise complains to the Board concerning rates, charges and/or operations of such utility and the Owner after request is made upon it by the Board, fails to satisfy or remedy such complaints or objections or fails to satisfy the Board 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 Owner 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 Owner feels it is aggrieved i by such order, the Owner may seek review of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Owner shall promptly comply with the order of the Board. SECTION 17 Should the Owner desire to increase any charges heretofore established and approved by the Board, then the Owner 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 -9- BOOK MAR 201974 I 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 hearing may thereafter be continued from time to time as determined by the Board. The Board will, however, approve or disapprove said increase in rates within ninety (90) days of said public hearing. If the Board enters order pursuant to said hearing and the Owner or any person feels aggrieved by such order, then the Owner 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 Owner constructing any of its facilities as herein authorized the Owner shall make application to and obtain a permit from the Indian River County Utilities Department authorizing said construction. The County shall have the right when special circumstances exist to determine the time in which such construction shall be done. SECTION 19 If the Owner 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 Owner written notice of such. deficiencies or defaults and a reasonable time within which the Owner shall remedy the same, which notice shall specify the deficiency or default. If the Owner 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 Owner and after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons therefor are found by the Board. If the Board enters order pursuant to such hearing and the Owner or any other person feels aggrieved by such order, the utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. - 10 - 9009 395 MAR 20 7974 SECTION 20 This franchise shall not affect, limit or restrict the rights or privileges 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 until such time as the County, a municipal corporation of the State of Florida, within the territory of this franchise, may install or acquire its own sewerage collection and treatment system and supplies the same to individual customers at which time, Owner will convey all of its facilities (except for sewer treatment plant and plant site) and easements for location of same as Owner may' own, free and clear of all liens or mortgages, to said County without charge; provided, however, that within sixty days from the time of the adoption of this resolution, the Owner shall file with the Board its written acceptance 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 resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall a � T 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 Com- missioners, 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 day of �ir 1974. Signed, sealed and delivered in the presence of : -11- Book 19 Pact 396 MAR 20 197 COUNTY OF INDIAN RIVER, FLORIDA By: As Ch_ai rman of the Board of County Commissioners Attest: 7 ' Clerk - ACCEPTANCE OF FRANCHISE The undersigned hereby accepts the foregoing franchise and for themselves and their successors and assigns, do hereby covenant and agree to comply with and abide by all the terms, conditions and provisions therein set forth and contained. DATED this 3 OIL day of 1974. Approved s for By: County At o ney TREASURE COAST UTILITIES, INC. PRESIDENT ATTEST By -12- SECRETARY �oox � �. ?Qc139`7 20 1974 4 i THE FOLLOWING RESOLUTION No. 74-17, WHICH WAS ADOPTED AT THE MARCH 6, 1974 MEETING, IS HEREBY BEING MADE A PART OF THESE MINUTES. RESOLUTION No. 74 -17 J WHEREFS, The Board of County Commissioners of Indian River County, Florida, has entered into a Lease Agreement with the City of Vero Beach on the 125 foot by 125 foot parking lot lying just west of the Indian River County Cqurthouse, and WHEREAS, said Lease Agreement calls for cooperation between the Board of County Commissioners and the City Council of the City of Vero Beach, as to establishing parking regulations, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that said Board does request the City Council of the City of Vero Beach to establish a one hour parking time limit for the courthouse parking lot. Said Board further requests the City Council to enforce under the City Ordinances, the parking time limit as established herein. BOARD OF COUNTY COMMISSIONERS . OF NDIA6��'VTY, FLORIDA. Alma Lee Loy, Chair an Attest: Clerk Z -56- 000� LM THE FOLLOWING RESOLUTION No. 74-17, WHICH WAS ADOPTED AT THE MARCH 6, 1974 MEETING, IS HEREBY BEING MADE A PART OF THESE MINUTES. RESOLUTION No. 74 -17 J WHEREFS, The Board of County Commissioners of Indian River County, Florida, has entered into a Lease Agreement with the City of Vero Beach on the 125 foot by 125 foot parking lot lying just west of the Indian River County Cqurthouse, and WHEREAS, said Lease Agreement calls for cooperation between the Board of County Commissioners and the City Council of the City of Vero Beach, as to establishing parking regulations, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that said Board does request the City Council of the City of Vero Beach to establish a one hour parking time limit for the courthouse parking lot. Said Board further requests the City Council to enforce under the City Ordinances, the parking time limit as established herein. BOARD OF COUNTY COMMISSIONERS . OF NDIA6��'VTY, FLORIDA. Alma Lee Loy, Chair an Attest: Clerk Z -56- 000� LM THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: GENERAL FUND NOS, 2043 - 2069 INCLUSIVE; ROAD AND BRIDGE FUND SOS, 1207 - 1222 INCLUSIVE; FINE AND FORFEITURE FUND NOS, 650 - 659 INCLUSIVE; CAPITAL OUTLAY FUND NOS, 151 - 152, SUCH BILLS AND ACCOUNTS BEING ON FILE IN -THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE 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 ADJOURNED AT 5:35 O'CLOCK P.M. ATTEST: FA -57- i `�4 ct )6e� HAIRMAN 7 - 19 race 399 4