HomeMy WebLinkAbout2003-151•
RESOLUTION NO. 2003- 151
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE COUNTY
ADMINISTRATOR TO EXECUTE TEMPORARY WATER
CONNECTION AGREEMENTS ON BEHALF OF THE BOARD.
WHEREAS, the Indian River County Board of County Commissioners (Board) enters
into Temporary Water Service Connection and Participation in Future Special Assessment
Program Agreements (Temporary Agreements); and
WHEREAS, the Temporary Agreements are in substantially the form attached hereto as
Exhibit "A' and incorporated herein in its entirety by this reference and
WHEREAS, it is in the customer's and the Board's best interest to be able to provide the
water service expeditiously; and
WHEREAS, Section 101.05.1.q of The Code of Indian River County, Florida, allows the
Board to authorize the County Administrator or his designee, to perform other duties on behalf
of the Board
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
INDIAN RIVER COUNTY that the Board hereby directs and authorizes the County
Administrator or his designee, to execute the Temporary Agreements on its behalf, provided
that the Temporary Agreements are in substantially the form attached as Exhibit "A" and
contain the signatures of the County Attorney, or an Assistant County Attorney and the
Director, or Assistant Director, of Utilities.
The resolution was moved for adoption by Commissioner Adams , and the
motion was seconded by Commissioner fli nn , and, upon being put to a vote,
the vote was as follows:
Chairman Kenneth R. Macht
Vice Chairman Caroline D Ginn
Commissioner Fran B. Adams
Commissioner Thomas S Lowther
Commissioner Arthur R. Neuberger
Aye
Aye
Aye
A
Ave
The Chairman thereupon declared the resolution duly passed and adopted this 2nd
day of December , 2003.
Att a K Barton
F:\Attomey\L.ea\docs\reso\reso auth admin sign temp water for bcc.doc
INDIAN RIV OUNTY
BOARD O COUNTY CIONERS
By4,
enneth R. Macht, Chairma
APPROVED AS TO FORM
A �� LEGAL SUFF C
ir: A j/ E"L
AS IS ANT COU Y ATTORNEY
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EXHIBIT "A"
AGREEMENT
Re: TEMPORARY WATER SERVICE CONNECTION AND
PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM
THIS AGREEMENT, effective this day of 200 by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero
Beach, Florida 32960 (COUNTY) and
(OWNER).
BACKGROUND RECITALS
A. OWNER desires to have temporary water service ("temporary connection") made
available to property located at
and more particularly described on Exhibit "A" attached hereto and incorporated herein by this
reference (hereinafter "Property") before the COUNTY installs water lines in
pursuant to special assessment ("special assessment line"); and
B. COUNTY requires the OWNER to pay certain fees immediately at the time of the
installation of temporary connection and to participate in certain costs of the special assessment
line when the COUNTY undertakes the special assessment project,
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the receipt of which is hereby acknowledged, COUNTY and OWNER agree as follows:
1. The background recitals are true and correct and form a material part of this Agreement.
2. OWNER shall pay, on signing this Agreement, the following amount per Equivalent
Residential Unit (ERU):
Capacity Charge $
Tap in Fee 5/8" Inch $
Security Deposit $
Recording Fee (This Agreement) $
Meter Fee $
Inspection Fee $
Total $
F:\Attorney\Lea\docs\agree\master temp water k .doc
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3. COUNTY shall make service available for OWNER from a water main on
, and OWNER shall make a connection from
the Property to a temporary water connection point of COUNTY'S choosing. When service is
available from the special assessment line, OWNER may be required to disconnect from the
temporary connection and to reconnect to the special assessment line. Any such reconnection
shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the
capacity charge, security deposit, or meter fee again.
4. Whether OWNER is required to reconnect to the special assessment line or remain
connected to the temporary connection, OWNER shall participate in the cost of the special
assessment project for line extension charges and other costs related to the special assessment.
By accepting the temporary connection, OWNER waives any right to contest the receipt of
special benefit from the special assessment project. In addition, OWNER's signature on this
Agreement may be considered to be an affirmative vote for construction of the special
assessment line.
5. This Agreement shall be recorded in the official records of Indian River County, Florida,
and shall be a covenant running with the land. This Agreement shall bind the OWNER, jointly
and severally, and the OWNER's heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as
of the date first written above.
OWNER:
Sign (insert name of owner)
Witness
Printed name: sign
Sign
Witness
Printed name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
200 by
who is personally known to me or who produced
Stamped Seal & Commission
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NOTARY PUBLIC
Sign
Print
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Expiration Date
INDIAN RIVER COUNTY, FLORIDA
Attest: J.K. Barton, Clerk By its Board of County Commissioners
By By
Deputy Clerk , Chairman*
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Approved by BCC
*Note: After this form is approved by the Board of County Commissioners, the signatures will
be revised to show the County Administrator signing and the authorizing Resolution # and date
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