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HomeMy WebLinkAbout5/23/1977="MONDAY, MAY 23, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN SPECIAL SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON MONDAY, MAY 23, 1977, AT 3:00 O'CLOCK P.M. PRESENT WERE WILLIAM C. WODTKE, JR'., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JAMES BEINDORF, COUNTY CONSULTING ENGINEER; VAL BRENNAN, COUNTY PLANNER; AND VIRGINIA HARGREAVES, DEPUTY.CLERK. PRESENT REPRESENTING THE CITY OF VERO BEACH WERE MAYOR PATRICK LYONS; COUNCILMAN JAY SMITH; COUNCILMAN GORDON FAGERLUND; COUNCILMAN DONALD SCURLOCK; CITY MANAGER JOHN LITTLE; ASSISTANT- CITY ATTORNEY DANIEL KILBRIDE; CITY ENGINEER ROBERT LLOYD, CITY FINANCE DIRECTOR TOM MASON; CITY -COUNTY BUILDING DIRECTOR DON ADAMS; AND CITY CLERK CARYL STEVENS. ALSO PRESENT WERE MEL SEMBLER AND JAMES WILSON, DEVELOPERS OF VERO MALL, AND THEIR ATTORNEY NICHOLAS MANOS. CHAIRMAN WODTKE CALLED THE MEETING TO ORDER, AND IT WAS DETER- MINED THAT CITY COUNCIL IS ALSO IN SESSION AT THIS TIME. CHAIRMAN WODTKE INFORMED 'THOSE PRESENT THAT LAST WEDNESDAY THE BOARD DISCUSSED WITH ATTORNEY COLLINS AND CITY MANAGER LITTLE THE TRIPAR- TITE AGREEMENT BETWEEN THE COUNTY, THE CITY OF VERO BEACH AND VERO MALL, THAT WAS PREPARED BY THE CITY ATTORNEY, AND WORKED OUT SOME OF THE PROB- LEMS. THIS AGREEMENT WAS THEN RESUBMITTED TO THE CITY WITH AN ADDENDUM. THE CHAIRMAN ASKED ATTORNEY COLLINS TO ADVISE US OF ANY DIFFERENCES BETWEEN THE AGREEMENT PRESENTED TODAY AND WHAT WAS AGREED ON AT THE LAST REGULAR MEETING OF THE BOARD. ATTORNEY COLLINS STATED THAT THERE ARE SOME MINOR WORD CHANGES AS DISCUSSED PREVIOUSLY, BUT HE FELT WE ARE DOWN TO A BOTTOM-LINE PROBLEM WHICH INVOLVES TAP -IN CHARGES. HE NOTED IT IS THE CITY'S POSITION THAT THEY MUST HAVE TAP -IN CHARGES IF THEY ARE GOING TO OPERATE THE SYSTEM ON A RETAIL BASIS AS THEY FEEL THEIR BONDING ORDINANCE REQUIRES SUCH CHARGES. THE ATTORNEY CONTINUED THAT FROM THE BOARD'S POINT OF VIEW, THIS DEFEATS r MAY 2 3 19 77 , THE PURPOSE BECAUSE IT POSES A HEAVY BURDEN ON TWO PROJECTS THAT WOULD BE TAPPING INTO THE LINE - A TRAILER PARK AND A CONDOMINIUM. THE JOINT SES- SION BEING HELD TODAY IS MAINLY TO TRY TO ARRIVE AT A SOLUTION OF THIS PROBLEM. CHAIRMAN WODTKE SAID THE ONLY PROBLEM THEN IS THOSE ADDITIONAL CUSTOMERS WE MIGHT WANT TO ADD AND THE TAP -IN CHARGE. HE ASKED CITY MAN- AGER LITTLE THE AMOUNT OF THE TAP -IN CHARGE FOR A RETAIL CUSTOMER, AND IT WAS DETERMINED IT IS $187.50. CHAIRMAN.WODTKE ASKED IF EVERY COMMERCIAL INSTALLATION IN THE VERO MALL WOULD HAVE TO PAY A TAP -IN FEE, AND CITY MANAGER LITTLE ANSWERED THAT THEY WOULD, AND THEY ARE AWARE OF THIS. CHAIRMAN WODTKE STATED THAT THE BOARD HAD FELT WHEN WORKING UNDER THE TRIPARTITE AGREEMENT, THERE WOULD NOT BE THESE TAP -IN FEES AND ASKED IF WE CONTINUED TO WORK UNDER THIS AGREEMENT, WOULD THERE BE FURTHER TAP - IN FEES. MR. LITTLE REPLIED THAT IF YOU ARE UNDER THE AGREEMENT AND ARE TAKING THE WATER AT THE PLANT, THERE WOULD BE ONLY A.SINGLE TAP -ON CHARGE. THE CHAIRMAN FELT THAT THERE MUST BE SOME WAY TO SATISFY THE CITY'S BONDING REQUIREMENTS AND POINTED OUT THAT WE ARE NOT DEALING WITH INDIVIDUAL RETAIL CUSTOMERS, BUT A DEVELOPER WHO IS PUTTING IN THE FORCE MAIN, WHO, HE FELT, IS A DIFFERENT TYPE OF RETAIL CUSTOMER. MR. LITTLE NOTED THAT THE TOWN OF INDIAN RIVER SHORES PAID TO PUT IN ALL OF THEIR FACILITIES, WHICH FACILITIES ARE DEEDED AND CONVEYED TO THE CITY OF VERO BEACH, AND THEY HAVE TAP -ON CHARGES. ALSO, IN THE CASE OF THE MOORINGS, THE DEVELOPER FRONTED ALL THE MONEY, AND THERE ARE TAP -ON CHARGES. CHAIRMAN WODTKE POINTED OUT THAT THE PROBLEM THAT ARISES IS THAT THE COUNTY HAS EXISTING AREAS THAT ALREADY HAVE THEIR FACILITIES AND HAVE HAD TO PAY FOR THEM. HE STATED THAT HE DOES NOT HAVE ANY PROBLEM WITH TAP -ON CHARGES FOR NEW USERS. MR. LITTLE NOTED THAT THE CITY WILL HAVE THE SAME PROBLEM ON THE BEACH WHEN THEY GO INTO PHASE 2 WHERE THERE ARE A MULTIPLICITY OF CONDO- MINIUMS WITH THEIR OWN SYSTEMS, AND THEY WILL HAVE TO PAY TAP -ON FEES. 23197T n 29 t!'--452 ATTORNEY COLLINS SAID HE FELT THERE IS ONE DISTINCTION AND THAT IS THAT HERE WE ARE DEALING BASICALLY BETWEEN TWO GOVERNMENTAL BODIES. HE NOTED THAT THE CONDOMINIUM AND THE TRAILER PARK UNDER DISCUSSION BASICALLY COULD BE CONNECTED WITH ONE TAP. CITY MANAGER LITTLE STATED THERE ARE TWO ALTERNATIVES - EITHER RETAIL RATES AND TAP -ON CHARGES OR, UNDER THE AGREEMENT, THE COUNTY CAN HAVE A METER AT THE PLANT AND THEN BILL EITHER WITH OR WITHOUT TAP -ON CHARGES. CHAIRMAN WODTKE NOTED THAT THE PROBLEM 'IS THAT THE COUNTY DOESN'T WANT TO GET INTO BUSINESS WITH JUST A FEW CUSTOMERS. HE CONTINUED THAT WE ARE TRYING TO GET VERO MALL TO THE POINT WHERE IT CAN OPEN, BUT IT IS RI- DICULOUS TO PUT IN A 6" LINE AND NOT SERVE OTHER CUSTOMERS. COMMISSIONER SCHMUCKER NOTED THAT IF THE EXISTING UNITS ARE NOT WILLING TO PAY THE FEE, THERE ARE OTHER PEOPLE WHO WOULD BE WILLING TO PAY IT. ALSO THERE WILL BE NEW PEOPLE TAPPING ONTO THE LINE. HE SUGGESTED GIVING THE EXISTING DEVELOPMENTS WHICH ARE NOW WITHOUT SEWER SERVICE, FIRST REFUSAL TO. TAP ON AT THE REGULAR FEE SCHEDULE. MR. -LITTLE AGREED THAT THE MAIN CONCERN IS, OF COURSE, THE TWO ALLUDED TO - TROPIC GROVE DEVELOPMENT AND SOUTHGATE TRAILER PARK, AND SAID HE UNDERSTOOD THE TWO PACKAGE PLANTS ARE NOT FUNCTIONING AS WELL AS MIGHT BE HOPED. ATTORNEY COLLINS ASKED ABOUT THE POSSIBILITY OF SINGLING OUT THESE TWO PROBLEM AREAS AND METERING THEM AT SOME POINT OTHER THAN AT THE PLANT, MR. LITTLE DID NOT THINK THE CITY SHOULD GET IN A POSTURE OF OFFERING WHOLESALE RATES AS HE FRANKLY WOULD NOT WANT A PRECEDENT SET FOR THE COUNTY, OR ANYONE ELSE, TO COME ALONG AT SOME TIME IN THE FUTURE AND APPLY THIS IN DIFFERENT AREAS, ATTORNEY COLLINS ASKED WHAT THE SITUATION WOULD BE IF WE DID METER AT THE PLANT. CITY MANAGER LITTLE STATED THE COUNTY WOULD HAVE TO METER INDI- VIDUALLY AND BILL THE SAME WAY THE CITY DOES OR WOULD HAVE TO MAKE AN AR- RANGEMENT WITH FLORIDA POWER AND LIGHT TO READ THEIR METERS. HE NOTED THAT WASTE WATER SERVICE WITHOUT WATER SERVICE IS AN AREA FRAUGHT WITH CONSIDERABLE DIFFICULTY. 11 3 MAY 23 29 c.rt 453 COMMISSIONER LOY ASKED IF THE CITY HAS ANY WHOLESALE CUSTOMERS AT THE PRESENT TIME, AND MR. LITTLE STATED THEY HAVE COMMERCIAL,. INDUSTRIAL, AND RESIDENTIAL, BUT NOT WHOLESALE. COMMISSIONER LOY INQUIRED ABOUT THE FUNDS THAT ARE DERIVED FROM TAP -ON FEES, AND CITY FINANCE DIRECTOR TOM MASON STATED THAT THEY.GO INTO A RENEWAL AND REPLACEMENT FUND. COMMISSIONER LOY NOTED THAT UNDER THE ORIGINAL TRIPARTITE AGREE- MENT, THERE IS A PROVISION TO DEAL WITH THE COUNTY ON A WHOLESALE BASIS, AND COMMISSIONER SIEBERT STATED THERE IS ALSO A PROVISION THAT THE COUNTY WOULD HAVE TO PICK UP THE BILL FOR ANY EXPENSES FOR EXPANSION OF THE SYSTEM FOR COUNTY PURPOSES, AND HE FELT WE WOULD, THEREFORE, BE PAYING TWICE. MR. LITTLE STATED THAT THEORETICALLY IT IS THE CUSTOMERS AND NOT THE COUNTY WHO WOULD PICK UP THE TAP -ON CHARGES, HE CONTINUED THAT YOU COULD DO AWAY WITH THE TAP -ON FEES, BUT POINTED OUT THAT TAP -ON FEES ARE ACTUALLY PART OF THE RATE SCHEDULE AND IF YOU DO AWAY WITH THEM, YOU WOULD SERIOUSLY AFFECT THE MONTHLY CHARGES. HE NOTED THAT THE IMPACT CHARGE IS FN1" ENDEI? TO PUr THE BURVEN" ON THE DE-VnOP OR`_MJ t9ty ' I'r-' I S `THEN OF COURSE, ROLLED INTO THE PRICE OF THE HOUSE OR THE BUILDING, AND ONE WAY OR ANOTHER, THE ULTIMATE CONSUMER PAYS IT. CHAIRMAN WODTKE NOTED THAT GRANT MONEY WENT INTO THE BUILDING OF THE TREATMENT PLANT, AND NOW IT SEEMS THE CITY IS RECOVERING WHAT IT GOT THE GRANT FOR.. MR. LITTLE AGREED THERE WAS SOME VALIDITY TO THIS ARGUMENT. COMMISSIONER LOY STATED THAT ACCORDING TO THE ORIGINAL AGREEMENT IF THE CITY EXPANDS AND THE COUNTY IS THE REASON -THEY HAVE TO EXPAND, IT WILL BE THE COUNTY'S RESPONSIBILITY TO COME UP WITH THE COST, AND ASKED HOW, IN THAT EVENT,'WOULD WE. GET CREDIT FOR THE TAP -ON FEES THAT WERE PAID IN THE COUNTY? COMMISSIONER $IEBERT STATED HE FELT SOMEBODY WOULD-BE PAYING TWICE AS WE HAVE AGREED, THROUGH THE TRIPARTITE AGREEMENT, TO PAY FOR THE EXPANSION IF IT IS CAUSED BY COUNTY RESIDENTS, BUT THEY WOULD BE PAYING FOR IT ALSO, CITY MANAGER LITTLE REPLIED THAT THE TAP -ON CHARGE PRODUCES THE MONEY TO RUN THE SYSTEM, AND POINTED OUT THAT IF THE:COUNTY GOES THE WHOLE- SALE ROUTE AND TAKES THE WATER AT THE PLANT, THEN THERE IS NO TAP -ON CHARGE, 4 M pY 231977 COMMISSIONER Loy SUGGESTED THAT THE COUNTY GO ON A WHOLESALE 'ASIS AND HIRE THE CITY TO TAKE CARE OF THE BILLING FOR US. MR. LITTLE AGREED IF THE COUNTY TAKES WHOLESALE SERVICE AT THE PLANT, AN INTERLOCAL AGREEMENT COULD BE ARRANGED BETWEEN THE COUNTY AND THE CITY FOR THE CITY TO BILL, OPERATE AND MAINTAIN THE SYSTEM. HE NOTED A CHARGE WOULD HAVE TO BE NEGOTIATED FOR BILLING AND METER READING, ETC. THE CHAIRMAN ASKED IF THE COUNTY COULD.ACCEPT THE SERVICE UNDER THE TRIPARTITE AGREEMENT AND THEN GIVE THE CITY PERMISSION TO BILL. CITY MANAGER LITTLE STATED THAT THE CITY WOULD BILL THE COUNTY, WHO WOULD BE THE CUSTOMER, AND THEN THERE WOULD HAVE TO BE AN INTERLOCAL AGREEMENT ABOUT BILLING THE INDIVIDUALS, I.E., THE CITY WOULD COLLECT THE REVENUES UNDER THE RATES THE COUNTY WOULD WORK UP, AND WOULD REMIT A CHECK TO THE COUNTY EACH MONTH SHOWING THE NET REVENUES COLLECTED LESS THE WHOLE— SALE CHARGES AND LESS MANAGEMENT COSTS. ATTORNEY COLLINS NOTED THAT THE BOARD WOULD HAVE TO PASS APPRO— PRIATE ORDINANCES ESTABLISHING RATES — PROCEDURES — FUNCTIONS, ETC. COUNCILMAN S _URLOCK INFORMED THEE- Btl1 a TMAT, WHA HE&i EN.V—:JS UQAIS_ I.& ONE SYSTEM IN REGION 2 SUPPORTED BY THE CUSTOMERS.AND HAVING THE SAME RATE STRUCTURE AND TAP—ON FEES FOR CITY AND COUNTY CUSTOMERS. HE POINTED OUT THAT MANY PEOPLE HAVE BUILT HOUSES AND PUT IN SEPTIC TANKS, KNOWING FULL WELL THAT THEY WILL EVENTUALLY HAVE TO TAP—ON TO THE CITY SYSTEM. HE NOTED THAT THE ENTIRE BEACH SYSTEM HAS BEEN IMPACTED WITH EACH.PHASE.AND STATED HE DOES NOT FEEL IT MAKES ANY SENSE TO CONTINUE LOOKING AT THE TRIPARTITE AGREEMENT, WHICH IS A POOR DOCUMENT. COUNCILMAN SCURLOCK THEN REFERRED BACK TO THE GRANT MONEY WHICH ENABLED THE CITY TO EXPAND THEIR CAPACITY AND SAID HE DOESN'T SEE WHERE IT NECESSARILY RELATES TO A TAP—ON FEE AS THIS FEE IS USED TO BENEFIT THE SYSTEM AND, THEREFORE, THE CUSTOMERS. THE CITY DOES NOT BENEFIT FROM IT. HE REITERATED THAT IT DOESN'T MAKE SENSE TO HAVE TWO SYSTEMS IN REGION 2. CHAIRMAN WODTKE NOTED THAT THE CITY WOULD NOT HAVE RECEIVED THE GRANT MONEY IF THE AREA THEY WERE GOING TO SERVICE DID NOT INCLUDE SOME OF THE AREA OUTSIDE OF THE CITY. COMMISSIONER Loy POINTED OUT THAT CITY CUSTOMERS COULD ALSO SAY FHEY SHOULDN'T HAVE TO PAY TAP—IN FEES BECAUSE THE COUNTY GOT A GRANT. 5 Y 2 31977 suet . 29 .455 CITY MANAGER LITTLE INFORMED THE BOARD THAT THE TAP -ON CHARGE IS PART OF THE RETAIL RATE STRUCTURE, BENEFITS OF WHICH OBVIOUSLY BENEFIT THE SYSTEM AND HOLD DOWN FUTURE RISES IN RETAIL RATES CAUSED BY SUCH THINGS AS REPLACING A MAIN THAT WILL BE WORN OUT POSSIBLY 10 YEARS FROM NOW. HE NOT THE MAIN UNDER THE BRIDGE WILL GIVE OUT ONE OF THESE DAYS BECAUSE IT IS 30 YEARS OLD, AND THE RENEWAL AND REPLACEMENT FUND IS FOR THIS PURPOSE AT SOME POINT IN TIME, AND IT IS.ALL CUSTOMER`S MONEY, WHOEVER THEY ARE, COMMISSIONER SIEBERT POINTED OUT THAT THE CITY RENEWAL AND RE- PLACEMENT FUND IS BEING FED BY TWO SOURCES - ONE FROM TAP -INS AND ONE FROM ACCOUNTS RECEIVEABLE FROM THE COUNTY WHEN IT IS NECESSARY TO EXPAND FOR COUNTY CUSTOMERS, DISCUSSION CONTINUED, AND COMMISSIONER SIEBERT SUGGESTED THAT POSSIBLY AT THIS TIME WE SHOULD JUST SERVICE VERO MALL AND NOT WORRY ABOUT THE OTHER CUSTOMERS WHO ALREADY HAVE THEIR OWN SERVICE, HE NOTED THE ONLY ADVANTAGE TO THIS WOULD BE TO BUY THE COUNTY A LITTLE TIME AS HE IS NOT SURE THE COUNTY IS READY TO GET INTO THE RETAIL BUSINESS, CITY MANAGER LITTLE SUGGE&TED:. I.N THAT, EVENT PO.SS,IBLY VERO MALL COULD BE ALLOWED TO CHANGE THE SEWER LINE.ROUTE, COMMISSIONER SCHMUCKER STATED THAT THIS AREA NEEDS SEWER SERVICE SO BADLY, IT SEEMS A SHAME NOT TO PURSUE IT. MR. LITTLE SPECULATED ON HOW YOU LOOK INTO THE FUTURE AND DECIDE WHAT INCH LINE TO USE. HE NOTED THAT 6" WAS DECIDED ON JUST AS A PRACTICAL COMPROMISE. COMMISSIONER SIEBERT STATED HE.DID NOT MEAN WE SHOULD DROP BACK TO A 4" LINE, BUT JUST SERVICE VERO MALL AND TRY TO WORK OUT A NEW AGREE- MENT.. CHAIRMAN WODTKE AGAIN DISCUSSED BEING A WHOLESALE CUSTOMER UNDER THE TRIPARTITE AGREEMENT AND HAVING THE CITY DO THE BILLING FOR US. .MR. LITTLE AGREED THAT IS A WORKABLE IDEA, BUT STRONGLY SUGGESTED THAT THE COUNTY NOT WAIVE TAP -IN CHARGES FOR TROPIC GROVES DEVELOPMENT OR SOUTHGATE VILLAGE, NOTING THAT USER CHARGES WILL GET COMPLETELY OUT OF LINE IF YOU DON T HAVE THESE TAP -IN CHARGES, HE SUGGESTED THE COUNTY LET THE LINE GO IN AS AGREED AND AGREE TO THE RETAIL SITUATION AND THE CHARGES AS SET UP, NOTING THAT TROPIC GROVE AND SOUTH VILLAGE DONT HAVE TO HOOK-UP NOW, AND THERE WILL COME A TIME WHEN THE EXPENSE OF MAINTAINING THEIR SYS- TEM WILL OVERRIDE THE TAP -IN CHARGES, 0 197 A 6 *o ?9 �.! i a COMMISSIONER SIEBERT STATED THAT THERE ARE FOUR ALTERNATIVES: (1) WE CAN PURCHASE WHOLESALE AND RUN IT OURSELVES; (Z) WE CAN PURCHASE WHOLESALE AND WORK OUT A MANAGEMENT CONTRACT WITH THE CITY; (3) WE CAN GO AHEAD WITH ONE CUSTOMER AND THE ORIGINAL AGREEMENT; OR (4) WE CAN OPEN UP THE LINE AND HAVE PEOPLE PAY TAP -IN CHARGES. ATTORNEY COLLINS STATED THAT ALTERNATIVES 3 AND 4 ARE ENVISIONED IN THE DOCUMENTS WE HAVE BEEN CONSIDERING. CHAIRMAN WODTKE STATED THAT HE DID NOT FEEL WE SHOULD GET IN THE WHOLESALE BUSINESS AND HE WILL AGREE TO GO ALONG WITH THE AGREEMENT, BUT HAD BEEN HOPING TO SOLVE SOME OTHER PROBLEMS ALONG THE LINE. HE NOTED THAT, IN ANY EVENT, WE MUST REVIEW THE TRIPARTITE AGREEMENT BY JANUARY OF 1978, COUNTY ENGINEER JAMES BEINDORF SAID THAT HE FEELS THIS IS THE BEST ROUTE TO TAKE, AND THERE IS THE OPTION TO.APPROACH IT LATER ON A WHOLESALE BASIS SO HE DOESN'T SEE THAT THERE IS ANYTHING TO LOSE EXCEPT THE TAP -IN CHARGES FOR VERO MALL. COMMISSIONER SIEBERT NOTED THAT EVEN IF WE COULD TAP THEM ON WITHOUT ANY TAP -ON CHARGE, WE WOULD HAVE TO CONSIDER HAVING ONE ANYWAY BE- CAUSE WE HAVE UPCOMING OBLIGATIONS. MR. LITTLE AGREED, POINTING OUT THAT THE IMPACT FEES KEEP CUSTO- MERS OF MANY YEARS FROM HAVING TO PAY THE FREIGHT FOR THE ONES WHO CAUSE THE INCREASE. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO APPROVE THE TRIPARTITE AGREEMENT BETWEEN THE CITY OF VERO BEACH, INDIAN RIVER COUNTY AND VERO MALL AS AMENDED AND FORWARDED BY THE CITY OF VERO BEACH. MEL SEMBLER, DEVELOPER OF VERO MALL, EXPRESSED HIS APPRECIATION TO THOSE PRESENT FOR HOLDING THIS MEETING TODAY IN AN EFFORT TO RESOLVE THE PROBLEMS ANDASKED TO COMMENT ON TWO PROBLEMS. HE REQUESTED THAT THE MAXIMUM COST TO THE COUNTY OF $3,000 FOR THE 6° LINE BE INCREASED TO RE- FLECT THE ACTUAL COST OF THE OVERSIZING AS THE THE COSTS ARE IN NOW AND COME TO $5,843.00. MR. SEMBLER FURTHER SUGGESTED IN ORDER TO SOLVE SOME OF THE PROBLEMS DISCUSSED TODAY AND ALSO BECAUSE OF MECHANICAL PROBLEMS INVOLVED, THAT RUNNING THE SEWER LINE A DIFFERENT ROUTE BE CONSIDERED. 7 pY 231977 9, ��5 rd COMMISSIONER LOY ASKED IF -IT WASN`T THE CONSENSUS OF THE CITY AND COUNTY ENGINEERS'THAT THE ROUTE DESCRIBED IN THE AGREEMENT IS THE BEST ROUTE, AND MR. LLOYD AND MR. BEINDORF AGREED THAT -IT WAS. COMMISSIONER SIEBERT NOTED THAT THE $3,000 FIGURE FOR OVERSIZING IS THE FIGURE THAT WAS GIVEN US, CITY ENGINEER LLOYD EXPLAINED THAT THE $3,000 FIGURE WAS BASED ON MATERIAL ONLY. HE THEN WENT OVER A BREAKDOWN OF THE FIGURES MAKING UP THE $5,843.00 COST WITH ADMINISTRATOR JENNINGS AND ENGINEER BEINDORF. CHAIRMAN WODTKE NOTED THAT THE CITY COUNCIL VOTED ON THIS DOCU— MENT AND APPROVED IT WITH THE $3,000 FIGURE, AND HE PERSONALLY WOULD LIKE TO SEE THE BOARD APPROVE THE SAME DOCUMENT AND WOULD HOPE THE DEVELOPER WOULD SIGN IT. THE. CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY, THE TRIPARTITE AGREEMENT BETWEEN THE CITY, THE COUNTY, AND VERO MALL IS HEREBY MADE A PART OF THE'MINUTES. tjAY 2 31977 8 TRIPARTITE AGREEMENT VERO MALL 1r THIS TRIPARTITE AGREEMENT, entered into this .f_z1day of 1977, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation of the State of Florida, herein- after referred to as the "City"; INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"; and VERO MALL, a joint venture composed of MELVIN F. SE14BLER and JAMES W. WILSON, JR., hereinafter referred to as "Vero Mall". WITNESSETH: WHEREAS, the City and the County entered Into an Agreement dated January 11, 1973, delineating the service areas for the provision of water and sewer service by the City and delineating the service areas for the provision of water and sewer service by the County, within Indian River County, Florida, and WHEREAS, Vero Mall is constructing a shopping center on property within the service area of the County and Is in need of water and. sewer service, and WHEREAS, the County is not in a position at this time to supply water or sewer service to Vero Mall, and WHEREAS, Vero Mall and the County desire that the City service Vero Mall withwaterand sewer service to the area described in Exhibit "All attached hereto and made a part hereof, and I WHEREAS, the City wishes to provide water and sewer service to said area, and WHEREAS, the engineers employed by Vero Mall have determined that the maximum domestic flow of water and waste water Is antici- pated to be 20j000 gallons per day for each service, and WHEREAS, the City, County and Vero Mall, wish to enter Into a Tripartite Agreement pursuant to the provisions of paragraph four (4) of the Agreement attached hereto as Exhibit "B", which Is In- corporated herein and made a part hereof, including Annexes I and 11., NOW, THEREFORE, in consideration of the foregoing and the covenants contained herein, the parties hereto agree as follows: 13 lin -459 1. The County hereby authorizes the City to service the Vero Mail property, described in the attached Exhibit "A", with water and sewer service under the terms of the Agreement attached hereto as Exhibit "B", including Annexes 1 and 11. This Tripartite Agree- ment does not grant said area to the City as the City's permanent service area. 2. The City hereby agrees to provide water and sewer service under the terms and conditions of applicable city ordinances in- cluding Sec.. 33-25 of the Code of Vero Beach as they now exist or may be.amended, to the Vero Mall area shown on Exhibit "A" at out city retail rates as specified in the Code of the City as they now exist or may be amended, payable by Vero Mall under the terms of said ordinances. 3. The City shall provide water service to Vero Mall until such time as the County is ready, willing and able to provide water service to Vero Mall and the County elects to provide said service and, in fact, does provide said service to Vero Mall. The term of the City's service hereunder shall continue until the County is ready, willing and able to provide water service and, in fact, r provides water service to Vero Mall from either its separate plant, or when the County becomes a wholesale customer of the City pur- suant to the agreement between the City and the County, dated January 11, 1973. The City shall maintain said facilities during the time Vero Mall remains a retail water customer of the City in the area shownin•Exhibit "A" attached hereto. 4. The City shall provide sewer service to Vero Mall until such time as the County is ready, willing and able to provide sewer service to Vero Mall and the County elects to provide said service and, in fact, does provide said sewer service to Vero Mall. 5. The County can elect to provide sewer service without ever electing to provide water service, and visa versa. The County can elect to provide water and sewer service at the same time, or can elect to provide water service and can later elect to provide sewer service, and visa versa. 6. The water and sewer service provided by the City to Vero Mall shall be considered part of the capacity allocated to the 0 mm tjAY 231 977 •. County as provided and set forth in paragraph 5 of Annex 1 of.the Agreement whereby the County's allocation shall be charged with 20,000 gallons per day against water and 20,000 gallons per day against sewer. 7. Expenses, if any, necessitated by the assumption of Vero Mail as a water and/or sewer customer of the County shall in no instance be the responsi- bility of the City. 8. Installation of the facilities necessary or convenient to allow Vero Mall to utilize water and sewer service shall be. paid for in advance by Vero Mali, shall be subject to all applicable laws, ordinances and regulations, shall be subject to approval by the City, and shall be conveyed to the City at no expense to the City by Vero Mall free of all liens, charges or encumbrances prior to the commencement of water and/or sewer service, at which time the City shall assume all maintenance responsibilities regarding all.facilities conveyed to the City by Vero Mall. 9. Upon final acceptance of the installations by the City, Vero Mall shall pay the City $15,000.00 as a development fee which shall be placed in a capital account:. tobe ut i.l tzed, by, thea C>i ty:. a -s-; It, sees f It pco_vJ,ded _ sal d_.,funds are uti- lized ti- lized by the City as it sees fit provided said funds are utilized for extending, Improving or increasing the City's water auaaisbm facilities. 10. Vero Mall shall acquire at its expense over privately owned property, If any, all easements and rights-of-way necessary or convenient for the in- stallation of the subject facilities and for maintenance and access thereto and for the City's maintenance thereof. Over their respective real properties, the City and County shall convey at no cost to Vero Mall all easements, rights-of- way, or permits necessary for the installation of the subject facilities by Vero Mall and for the City's maintenance and access thereto. The City and County shall fully cooperate with each other and with Vero Mall in respect thereto. 11. The rights, duties and obligations of each party hereunder shall be binding on its successors or assigns. IN WITNESS WHEREOF, the duly authorized officials of the City, County, and Vero Mall have executed this Tripartite Agreement in triplicate, any copy of which three may be deemed an original, the date and year first above written. I - 3 - MAY 2 3 1977 CITY V 0 BEACH Poo By trick B. Lyons, (Seal) ATTEST: Approved as to form: Thomas C. Palmer City Attorney (Seal) 0 Approved as. to form: ---j / - Ge rge J. Co lins, Jr. County Attorney Approved as to form: Nacho as Mano Attorney for Vero Mall By. ,v - C yl evens, City Clerk'7 INDIAN RIVER COUNTY i�4By: m. C. Wodtke'Jr . Chairman, Board of C unty Commissioners ATTEST: By: Freda Wright, Gid40k VERO MALL, a Joint venture composed of MELVIN F. SE ER and JAMES W. TLSO JR. By el n F.b e By:_ Jam s W. Wilson, Jr. - 4 - MAY 231977 4� 4C EXHIBIT "A" TO TRIPARTITE AGREEMENT - VERO MALL Legal Description to VERO MALL service area: From the center of Section 12, Township 33 South, Range 39 East run N 00 39' 48" E, 35.00 feet on the North/South l/4th section line of said Section 12; I.- thence, run N 890 241 27" W, 40 feet on a tine parallel to the East/West 1/4th section line of Section 12 to the True Point of Beginning; 2. thence, run N 00 39° 48" E, 798.40 feet on the West line of an 80 foot wide right-of-way now known as U. S. Highway No. 1 to a point, said point lying 501.23` from the North boundary of the Southeast 1/4 of the Northwest 1/4 of Section 12 as measured on said West right-of-way line; 3. thence, on a line parallel to the said North boundary of the Southeast 1/4 of the Northwest 1/4 run N 890 29' 42" W, 921.18 feet to the Easterly right-of- way of the Florida East Coast Railway; 4: thence, on the said Easterly right-of-way of the Florida East Coast Railway run S 170 58' 07" E, 840.72 feet to a._ point. on, the.- Nar.thexl_y.. nigh-t,-o.f-way: l.l.n.e- of a 70 foot wide street now known as 12th Street, said point being 35 feet from said East/West 1/4th section line of Section 12 as measured perpendicu- larly thereto; 5. thence, run S 890 24' 27" E, 652.58 feet on a line parallel to the East/West 1/4 section line of Section 12, to the True Point of Beginning. 6. Containing 14.41 acres of land lying in Indian River County, Florida. MAY 2 319 Rear A i l I U 1 TRIPARTITE AGREEMENT -' VERO MALL AGREEMENT THIS AGREEMENT, entered into between the City of Vero Beach. Florida. a municipal corporation of the State of Florida. hereinafter referred to as the " City" and Indian River County, a political subdivision of the State of Florida. . hereinafter referred to as the "County". WITNESSETH WHEREAS, the City now owns. operates, supervises and manages a water system consisting of wells. water treatment plant. pumping and storage facilities. distribution mains, service mains, meters and appurtenances; and WHEREAS, the City now owns, operates. supervises and manages a sanitary sewage system, consisting of sanitary sewers, sewage pumping stations. sewage force mains, sewage treatment plank outfall line and appurtenances; and WHEREAS, it is the intent and purpose of the City to expand, enlarge and improve its water system and sanitary sewer system under its 1972 capital improve- ment program particularly to increase the treating capacity of its water supply and treatment facilities as well as the capacity and degree of treatment of its sewage treatment plant, all as described in City Ordinance Wo. 1174 adopted by the City Council on August S. 1972; hereinafter referred to as "Bond Ordinance"; and WHEREAS, by acceptance of $6.600, 000, Water and Sewer System Revenue Bonds. Series 1972, the City has entered into a contract with the bondholders as more fully described in Official Statement dated October 2. 1972, in addition to contracts contained in earlier Ordinances governing previous bond issues; and WHEREAS, it is the intent and purpose of the County to construct, own. a . operate. maintain4 supervise and manage a new County water distribution and sewage collection system, hereinafter called the "County's System; which system is to distribute treated water and collect sewage from certain designated unincorporated areas of Indian River County. including private utilities in the County. and for the time period stipulated herein, to receive treated water from the City and deliver raw sewage to the City's treatment plant; and WHEREAS, the City's water treatment plant and seu•a,,e treatmem pant will be for the mutual benefit of those whom it serves, it is equitable that the County pay its fair share of such service by the City, so that the City's contract with the bf)ndholders as set forth in the Bond Ordinance shall not be jeopardized to the detriment of the City; and WHEREAS, the County's progress toward construction of the County System has not progressed beyond the preliminary planning and design stage. so that it cannot at this time, state its firm capacity requirements, provide realistic construction schedules, or demonstrate positive feasibility of the system; and WHEREAS, service area delineations and responsibilities, must be tentatively agreed upon jointly by the City and County on or before January 15. 1973 to satisfy the State of Florida Department of Pollution Control and the Unitgd States of America Evironmental Protection Agency's requirements, in order to reserve permits to proceed and to maintain the City's eligibility to receive Federal Grants covering its expansion program; and WHEREAS, final agreements between the City and County need not be readied until October 16, 19'13 to satisfy requirements of the same State and Federal Agencies; NOW, THEREFORE, in consideration of the mutual agreements set forth hereinafter, the parties do agree as follows: L PURPOSE This agreement shall be for the purpose of defining service arca delineations and general covenants and responsibilities and shall prevail until a final agreement or annexes tc this agreement, in specific detail, shall be entered Into at a later date when the planning of the County System shall have progressed beyond the engineering feasibility and fiscal stage and when the City's Consulting Engineers shall have reviewed and certified that proposed charges. rates and reimbursements will not be in conflict with the Bond Ordinance, or any future amendments which may be and can be made to said Bond Ordinance. 2. GENERAL CONCEPT It is anticipated that water supply and sewage treatment for a major portion of the southern portion of Indian River County known as Region A generally lying 0 t C-, tc�. South of North Winter Beach Road, North of the South County line. West of the Atlantic Ocean and East of I-95 including rte City.of Vero Beach, will be provid6d by a water supply plant and wastewater treatment and disposal facility owned ani operated by the City of Vero Beach. The City would sell water and sewage services to the County at agreed-upon charges and rates as stipulated herein. The County would in turn retail these services to County residents. In the early years. County will endeavour to concentrate effort toward service In the Region IL Phase I area 3. OVERALL SYSTEM RESPONSIBILITIES The County will assume the responsibility for gravity sewerage collection syste;6. pump stations. transmission lines. and accessories for service areas within the County as necessary to transport County sewage to the City treatment plant. The County will also assume the responsibility for the water distribution systeni within. the County and receive treated water from the City treatment plant. The City shall provide a sewage wastewater treatment and disposal facility and a water supply and treatment plant adequate to meet both City and County needs. but shall not be obligated to make capital improvements for capacity increases. except as hereinafter stated under "Term of Agreement". The County and City will cooperate in projecting service area populations and developing water and sewerage please construction programs. 4. SERVICE AREA DELINEATION In addition to the area within the City Limits of Vero Beach. the City shall provide complete water and sewer service to the beach area of the County, bounded by the Northern boundary of Indian River Shores as presently constituted, and by the County line on the south. It is the intent of the County to provide all water and sewer services to the mainland portion of the County. except within areas where the City now (January 1973) provides water and sewer service. The right of the City to enter into Interim agreements for water and/or sewer service, or both, within areas outside that defined hereinabove for the City. shall be subject to approval from the County and tri -partite agreements between the customer, the City and the County shall be entered into. in each such Instance. -3- b. SALE OF CITY'S WATER DISTRIBUTION FACILITIES In the Mainland portion of the County, where the City owns water distribution facilities and supplies water services only, the City may sell those facilities to the County, subject to the Bond Ordinance, and within one year after written request from the County, at a price which shall be negotiated, but not more than the present-day replacement cost, as determined by the City's Consulting Engineers, less 3 1/3% depreciation per year from the date of installation. Since such a disposition of assets is governed by the Bond Ordinance. a certification from its Consulting Engineers that the City's ability to meet its obligations will not be impaired by such sale is a prerequisite to negotiations for the sale. 6. WATER AND SEWER INTERFACES A. Sewerage It is anticipated that the County will 'construct at its expense all waste transmission lines and a master meter for delivering County sewage to the influent structure at the treatment plant site. The City will receive the waste at the treatment plant. Periodic meter calibration checks by the City and the County shall be authorized. The City will provide all necessary assistance to the County in obtaining all easements. rights-of-way, etc. as required for the County to install transmission lines and accessories. within the City limits at no expense to the City. Ownersliip and maintenance responsibilities of the County -installed. facilities within' the City shall be decided within the legal framework of the respective governments. B. WATER SUPPLY The City will deliver treated water at a specified pressure to the County on a metered basis at the water treatment plant. The County shall at its expense Install a master meter and transmission lines from the plant to the City limits. Periodic meter calibration checks by the Qty and the County shall be authorized. The City will provide all necessary assistance to the County in obtaining all easements, rights-of-way, etc. as required for the County to install transmission lines and accessories within the City limits at no expense to the City. Ownership and maintenance responsibilities of the County -installed facilities within the City shall be decided within the legal framework of the respective governments. s LNs •j' le 7. PIIA.SING OUT OF EXISTING WRED Oil OPEITATED BY OTHERS In order to comply with regulations promulgated by the State of Florida Department of Pollution Control and the United States Environmental Protection Agency, It is essential that all existing sewage treatment plants. within Region Il, whether privately or municipally owned, whether under franchised operation or not, be phased out at the earliest possible date and services provided by such plants be connected either to the County System or directly to the City System. Both parties hereto pledge to exert every possible effort to accomplish centralized operation. Since none of the existing plants are within the City's legal limits or jurisdiction. it would appear that the County, either directly or through specially created Authorities, would be the only agency legally em- powered to undertake the control or acquisition of private plants. L TERM OF AGREEMENT This agreement shall remain in force and effect for a period of ten years front date hereof, or until such time as the review hereinafter specified shall cause both parties to modify, alter or terminate. Either party may request the review hereinafter described. On or before January 1, 1978, the parties hereto agree to cause an engineering report to be prepared by their respective Consulting Engineers, reviewing all phases of the operation to date of the reports, including but not limited to: - A. Capacities of water and sewage plants and probable needs for capital improvements to increase capacity, modify or increase degree of treatment; or to comply with latest requirements of regulatory agencies, Federal or. State. having jurisdiction. $. Recommended capital contribution by the County toward capital expansions should need be iadicated as above and recommended by the Consulting Fnpaeem C. Develop a program for future service, based on one or more of the following concepts: b 1. Continue joint operation under a revised agreement. �,j• 2. County proceed with water supply and/or treatment and/or sewage treatment facilities as a County` -t) y G enterprise, making capacity then available to the City, obviating or reducing the need for capital expansion on the City's behalf. 9. RATES AND CHARGES A. Bulk Water Sales At the end of each City fiscal year, the total cost of producing treated water during the preceding year will be determined from the City's fiscal audit report. The total yearly cost will consist of the sum of the following items: 1. The debt service (principal and Interest payments) on a principal sum as calculated below on the City's Invest- ment in water production and treatment facilities. 2. Operation and maintenance costs for water production and treatment. 3. All other costs and/or investments reasonably attributable to the expense of the production of treated water. The total yearly cost will then be divided by the total volume of treated water produced during the period of the audit report, to establish a unit cost. The unit cost multiplied by 11ro will establish the monthly charge for water purchased by the County during the next year, except that when the next i� year's cost has been established. the total charge for water purchased during the 52 year year will be adjusted to the actual cost plus 10ai for the preceding year. and the CYD County will be credited or debited accordingly. For the purpose of establishing a principal sum for annual debt service com- icr. putations, the value of the City's water supply and treatment facilities will For the purpose of establishing a principal amount for annual debt service consist of the sum of the following Items, and will include all capital investment computation• the value of the City's sewage treatment and disposal facilities will items from and including the well fields to the point of discharge of treated water consist of the sum of the following items. and will include all net capital investment from and Including the treatment influent structure to the point of discharge at the clear well.Items a. 1962 replacement value as reported by of treated sewage at the outfall. ` Citys Consulting Engineers of all facilities 1. The capital investment of the 1958 Capital on January 1, 1963, Improvement Program less the PL660 grant b. Capital investments in supply and, treatment works funds received therefor. AND C� r between January 1, 1963 through.1972.' 2. Capital Invested under the 1972 Capital • e. Capital invested under the Capital Improve- Improvement Program. less the PL680 grant • went Program of 1972. funds received thereafter. AND j Debt service will be computed as follows: The sum of a., b., and c., 3. All other costs and/or investments reasonably attributable above shall be the principal sum from which the debt service will be calculated to the expense of the treatment of sewage. as a constant annual payment, 30 year basis at the weighted average interest rite For the purpose of establishing the annual operation and maintenance costs. such of the Citys three outstanding water and sewer bond issues. costs shall be extracted• from the City's annual audit and will consist of the sum of the following items. The items refer to the City account number as contained in its For the purpose of establishing the annual operation and maintenance audit report. costs, such costs shall be extracted from the Citys annual audit and will consist One tenth of WS920 through WS930.14 of the sum of the following items. The items refer to the City account numbers WS530 through WS538.24. as contained in Its audit report: C. ADVANCE PAYMENTS W600 through W522.11 The County will deposit with the City an amount equal to the first monthly One half of W523.2 and W524.1 payment for bulk water and sewage treatment sales. W524.11 through W534.11 10. ANNEX OR ANNEXES TO THIS AGREEMENT W540 through W552.23 The parties hereto agree that this Agreement shall have force and effect. One tenth of W920 through W930.14 only when and if mutual agreement of the following matters shall be included B. BULK PRICE FOR SEWAGE TREATMENT AND DISPOSAL in we or more Annexes, appended hereto: The basis for establishing a unit cost for receiving, treating and disposing Construction schedules. �a of the Countys raw sewage will be identical to that for establishing a unit cost for Plant capacities to be reserved for the County. C" bulk water sales, except for establishing the principal amount of City obligations Rates of flow of withdrawal or delivery. for sewage treatment and disposal and the operation and maintenance costs, in- Peak flow provisions. eluding 110% multiplier. Standards of sewage acceptability. -7- County ordinances and regulations governing use, and extensions of City and County facilities. .8. 10. ANNEX OR ANNEXES TO THIS AGREEMENT (Continued) Acquisition of City facilities. Acquisition of Interim or temporary plants. Other mutual or individual responsibilities. These Annexes may modify. expand or spell out in detail any matters hergin contained or mentioned, except service areas described in (2) and (4) as sat forth on Pages 2 and 3. or each party's responsibility for phasing out of existing package. temporary and small plants located within the respective service areas. IN WITNESS WHEREOF, the duly authorized officials of the City of Vero Beach, Florida, an the County of Indian River, have executed this Agreement thls_day 1973. CITY OF VERO BEACH, FLORIDA BY: , y . i P. ATTEST: Mayor taty Cleric (SEAL) PROVED AS�TOFOR M: ity Attorney - City of Vero Beach INDIAN RIVER CO RID By: Chairman County Commissioners ATTEST: County Cleric (SEAL)f� APPROVED AS TO FORM: f•1*� ,j ouRty'l►ttorney Indian River County -10- s 0' i AS M C1 1 ANNEX I This ANNEX is appended to and made a part of that particular AGREEMENT between the City of Vero Beach, Florida and Indian River County, Florida dated'the 11th day of January, 1973 hereinafter called "TME AGREEMENT". WITNESSETH WHEREAS; Article 10, page 8 of THE AGREEMENT provides for use or more annexes to be appended thereto$ and W9EREAS, the County has caused to be prepared a report entitled "Master Plan for Area Wide -Water and Sewerage Plan" prepared by Sverdrup 6 Parcel and Associates, Inc. and Beindorf and Associates, Inc. dated April, 1973, hereinafter referred to as "The County Master Plan"$ and WHEREAS, the County has entered into a separate agreement with the Town of Indian River Shores, dated the 25th day of Octobers 1973 which includes the Town in the County's sewage service area; Now, THEREFORE, in consideration of the mutual agreements set forth herein- after, the parties do agree to modify, expand or spell out in detail the terms and conditions of THE A9REEMENT in the follaring particulars and On others$ 1. CLARIFICATION OF SERVICE AREA DELINEATIONS By mutual consent, the City and County agree to clarify specific service area delineations and the responsibilities of each party to provide the service described herein. Article 2, page 2 of the AGREEMENT establishes the City's responsibility for providing water supply and sewage treatment service to Region II. The Following describes the areas of responsibility to provide water distribution and sewage collection service and to retail these services to customers within the area definedl ON THE MAINLAND PORTION OF THE COUNTY The City shall provide water distribution service and sewage collection service to the area within the City Limits of Vero Beach. The city may continue to serve those customers connected to the City systems as of date of this Annex, until the County is capable of and authorised to take over such service. The County may provide sewage collection service and water distribu- tion service to the mainland outside the City subject to paragraph 5, page 4 of the AGREEMENT, as it relates to City owned water distribution facilities. ON TFIE BEACH PORTION OF THE COUNTY The City shall provide water distribution service and sewage collection service to the area within the City Limits of Vero Beach. In addition, the City shall provide water supply and distribution service to the Town of Indian River Shores in accordance with the Contract between the Town and the City for such water supply and distribution dated the 18th day of December, 1968, and may also provide water supply and distribution service to that area, between the South City Limits of the Town of Indian River Shores and North City Limits of the City of Vero Beach. In addition, the City may also providewater supply and distribution service in the area bounded by the South City Limits and the south County Line. If the conditions set forth in Article 5, page 4 of the AGREE- MENT can be complied with, the City shall sell to the County, at the County's option, all of its water facilities located in the County except those facilities located in the Beach Area South of the North boundary of the Town of Indian River Shores, and North of the North City Limits of the City of -Vero Beach and those facilities within the City of Vero Beach, provided that the County has constructed and has in operation sewage service in those areas where the County wishes to purchase the City's water facilities. The County may provide sewage collection service to the remaining beach portion of the County, excluding the Town of Indian River Shores. Sewage service for the Town of Indian River Shores shall be provided in accordance with the Agreement between the Town and the County dated the 25th day of October, 1973. c c� 2. AMENDING ARTICLE 7, PACE 5 OF -HE AGREEMENT "PHASING OUT OF EXISTING PLANTS OWNED OR OPERATED BY OTHERS Delete the second paragraph of Article 7, page S. the costs and their decision shall be binding on both parties. 4. CONSTRUCTION_SCHF.DULF.S will be kept inforr.:rd II[ -„ L;, ,t coordinated with plant progress. 5. PLANT CAPACITIES RESERVED FOR THE COUNTY Water Treatment Plant - Capacity allocated tothe County shall bet a. After completion of the plant expansion to 7.2 MCD capacity, the County shall be allocated up to 864,000 gpd at a maxi- mum flow rate of 600 gpm at 5 psi or more pressure. b. After completion of the plant capacity to 9.0 MCD capacity, 1,3009000 gpd at a maximum flow rate of 900 gpm at 5 psi or more pressure. Sewage Treatment Plant - Capacity allocated to the County shall be a monthly daily average of 1.39 million gallons per day as estimated by the County's consulting engineers to be the County's 1980 requirement. In no event shall any one day's flow exceed 1.58 MGD nor shall the peak flow exceed 20500 GPM in any fifteen minute period. The City reserves the right to order the County to correct causes of excessive flows including a moratorium on further connections to its system if the allocated capacity is equaled or exceeded. To protect the treatment plant, the City shall have the right to restrict inflow from the County system Into the treatment plant to the above stated flows. 6. STANDARDS OF ACCEPTABILITY The County recognizes that the treatment plant's effluent quality must comply with the rules and regulations of the Florida Depart- ment of Pollution Control, the United States Environmental Protection Agency and other regulatory agencies. The County -4- =!w Lot 7, Block 14, Ocean Corporation (Gisela Ratter) Lots 4 and S, Block 14, Ocean Corporation (Fred Eisler) on or before twenty-four (24) months after its 4.5 MGD sewage 41 treatment plant is accepted for service. The County agrees to phase out all sewage treatment plants 1 located in the Phase I area of Region II as listed in Section 5 of the Master Plan within twenty-four (24) months after County facilities are available to convey sewage to the City's plant. 5. AMENDING ARTICLE 9 PACE 6 OF THE AGREEMENT RATES AND CHARGES' Under "A. Bulk Water Sales on Page 7 after "C". Capital _ Invested under the Capital Improvement Program of 1972"9 add the followings d. Any Capital invested by the City to maintain, increase or improve water supply at the treatment plant or well fields, during the life of this Contract. After "C. Advance Payments" on Page 8, add the followings D. CITY ACCOUNT NUMBERS City account numbers used in this article were taken from the 1972 audit report. The proper account numbers shall prevail in order to reflect full and proper costs in the event of bookkeeping changes of account numbers. The County shall be entitled to review the City's accounts'used herein on an annual basis. In the event of disagreement as to costs the City shall appoint one arbitrator and the County one arbitrator and the two arbitrators selected shalt appoint a third arbitrator and the three arbitrators shall determine .3. the costs and their decision shall be binding on both parties. 4. CONSTRUCTION_SCHF.DULF.S will be kept inforr.:rd II[ -„ L;, ,t coordinated with plant progress. 5. PLANT CAPACITIES RESERVED FOR THE COUNTY Water Treatment Plant - Capacity allocated tothe County shall bet a. After completion of the plant expansion to 7.2 MCD capacity, the County shall be allocated up to 864,000 gpd at a maxi- mum flow rate of 600 gpm at 5 psi or more pressure. b. After completion of the plant capacity to 9.0 MCD capacity, 1,3009000 gpd at a maximum flow rate of 900 gpm at 5 psi or more pressure. Sewage Treatment Plant - Capacity allocated to the County shall be a monthly daily average of 1.39 million gallons per day as estimated by the County's consulting engineers to be the County's 1980 requirement. In no event shall any one day's flow exceed 1.58 MGD nor shall the peak flow exceed 20500 GPM in any fifteen minute period. The City reserves the right to order the County to correct causes of excessive flows including a moratorium on further connections to its system if the allocated capacity is equaled or exceeded. To protect the treatment plant, the City shall have the right to restrict inflow from the County system Into the treatment plant to the above stated flows. 6. STANDARDS OF ACCEPTABILITY The County recognizes that the treatment plant's effluent quality must comply with the rules and regulations of the Florida Depart- ment of Pollution Control, the United States Environmental Protection Agency and other regulatory agencies. The County -4- =!w also recognizes that certain substances and/or concentrations 8. MUTUAL ASSISTANCE s� thereof in the raw sewage can result in a treatment plant effluent The City and County agree to supply each other with maps, plans � quality not ia•compl;ance with the requirements of the regulatory and specifications and such engineering assistance as may be agencies. mutually tgreed upon. ;t being the intent hereof that while the • The County therefore agrees to ecntrol the quality of the wastes City and County shall each have sole jurisdiction over their - discharged into their system and agrees that the sewage it deliversp seapectave facilities, the parties shall work In close toe erasion to the treatment plant will comply with the Standards of Accepts - with each other in an attempt to reduce costs and provide the bility. beat possible service for the entire region without Imposing Attached hereto and made a part hereof by reference, Jlnnex II the City or its inhabitants. extra expense on establishes the Standards of Acceptability of sewage into the City's plant. Modifications of the standards may be made by the 4. BOUNTY PROHIBITED FROM TA%IN6_CITY RESIDENTS City from time to time hereafter but such modification shall not funds used by the County for the pa t The County agrees that all payment be discriminatory and the County shall be given due notice before of its share of the coat of constructing and operating, the City adopting modifications hereto. Failure to comply with these Plant as well•as the coat of construction, operation eration and mainten- STANDARDS OF ACCEPTABILITY shall be a breach of this Agreement to this Agreement, shall be derived pursuant ante of its system, p , and cause for monetary reimbursement to the City by virtue ofj other than taxes levied on objects of taxation located from sources o unusual expenses incurred by improper discharges into the City's within the City of Vero Beach. This provision, however, shall treatment plant. not preclude the use of revenues derived from the operation of the County Water Distribution and Sewage Collection System or other T. METERING AND BILLING revenues derived from customers of the County who are physically The AGREEMENT provides for Master Meters for water and sewer service located outside the boundaries of the City for such payments. to be installed at the County's expense. The meters shall be read by the City and billing shall comply with the billing practices of 10. COUNTY'$ RIGHTS CONDITIONED ON THEIR PERFORMANCE the City. Formulas for water and sewer rates are included ;n the The right of the County to the continued use of the CityPlants is AGREEMENT and billing shall be ;n accordance therewith. The County conditioned upon the performance by the County of all its obliga- shall make monthly payments within ten days after date of billing tions under the AGREEMENT. from the City. Unpaid bills shall become delinquent fifteen days , after date of billing and 7h% interest shall be charged for delin- 11. FUTURE PLANT IMPROVEMENTS quest bills until paid. If any bill, water or aewet,'remainseunpaid The parties recognize that additional plant improvements to the beyond sixty days, the City may discontinue water service. City Planta may be required from time to time, upon a determination � e— Pariodic*meter checks shall be made as set forth in the AGREEMENT. • by agencies of the State or Federal Governments having jurisdiction, Meter accuracy of SZ ± shall be allowable and no billing adjust- that excessive flows or loads are detrimental to efficient and I ments will be made for inaccuracies within this range. If meter proper operation of the plant or that improvementa are essential to i error is greater than 5% ± billing adjustments shall not basaid - comply with environmental sequlr�eob imposed by agencies. In ! retroactive for more than ninety days prior to the meter calibration. •-6- 1 G such event. the parties mutually agree to share the cost of such improvements based upon Paragraph 8B of Page S of the AGREEMENT. 12. SEVERASUITY rt is understood and agreed by and between the parties hereto that if any condition or provision contained in the AGREEMENT is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any other such condition or provision herein contained= provided, however, that the invalidity of any such condition or provision does not materially prejudice either the City or the County in its respective rights and obli- gations contained in the remaining valid conditions or provisions of this ACREEMENf. 13. FORGE MAJEURE CLAUSE No party to this Agreement shall be liable to the other for failure, default, or delay in performing any of its obligations hereunder, other than for the payment of any obligations specified herein, in case such failure, default or delay is caused by strikes or other labor problems, by forces of nature. unavoidable accidents, fire, acts of the public enemy, interference by civil authorities, passage of laws, or of the Court, adoption of rules, ordinances, acts, -failures to act, decisions or orders or regulations of any governmental or military body or agency, office or commission, delays in receipt of materials. or any other cause, whether of similar or dissimilar nature, not within the control of the party affected and which, by the exercise of due diligence, such party is unable to prevent or over- cele. Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what to reasonable and necessary - so that each party may perform its obligations under this Agreement. EDE.MNIFICAATION The parties reciprocally agree to indemnify each other and their employees and agents from all loss, expenses, damages, costs and attoroay's fees that either may suffer during the period of the Agreement, incurred due to the malfeasance, misfeasance, non- feasance or negligence of the other party, its employees or agents. 14. WAIVER A failure to initiate action as to any breach shall not be deemed as a waiver of that right of action and all such uninitiated rights of action shall be cumulative. 15. APPROVAL OF STATE AND FEDERAL AGENCIES The State of Florida Department of Pollution Control and the United States Environmental Protection Agency, by appropriate statutory power, have jurisdiction over those portions of the AGREEMENT and this ANNEX of the AGREEMENT, pertaining to service area delineations for sewage treatment service and phasing out of existing or temporary sewage treatment plants. If the covenants expressed herein are inconsistent with these policies or rulings the parties hereto agree to reconcile differences and through additional Annexes, arrive at mutually agreeable terms which will meet the requirements of said regulatory agencies. IN WITNESS WHEREOF, the duly authorised officials of the City of Vero Beach, Florida, and the.County of Indian River, have executed this Agreement this day of J&.c_rHn,.L�,L� , 1973. Attests L UOle A City Clerk Approved as to forma Iw ty At�-. 4ity�o Beach CITY OF VERO BEACH, FLORIDA - ayo u-- c.- cY ANNEX II INDIAN RIVER COUNTY, FLORIDA STANDARDS OF ACCEPTABILITY - �Y By A. Constituent Limitation Attests Ciseirsun �,,,ntyComgdasioners The wastewater delivered to,the treatment plant shall have 'e Clerk the following constituent limitations: Approved as to forms 1. Five Day BOD- shall not exceed 500 mg/1 based on a sixteen hour composite sample and 300 mg/1 -- c County► Aetorney Indian Rives County based on the average of eight consecutive sixteen c: = hour composite samples with not more than two samples taken in any one week. r 2. Suspended Solids - shall not exceed 500 mg/1 based on a sixteen hour composite sample and 300 mg/1 • based on the average of eight consecutive sixteen hour composite samples with not more than two samples taken in any one week. 3. Temperature - not to exceed 95°F. at any time. 4. pH - not to be lower than 6.0 or higher than 8.5 at any time. 5. Radioactive Substances, Gross Beta Activity (in known absence of strontium--90 and-alpha emitters), not to exceed one thousand micromicrocuries at any time. 6. Cyanide or Cyanates - none detectable. 7. Copper - shall not exceed 0.5 mg/1. I 8. Zinc - shall not exceed 1.0 mg/1. h C� C-2 -10- 9. Chromium - shall not exceed 0.50 mg/1 hexavalent C. Collection System Infiltration or 1.0 mg/1 total chromium. Infiltration in the County Collection System shall to 10. Phenolic type compounds calculated or reported as limited to an amount so that the average per capita phenol --shall not exceed 0.001 mg/1.`.' discharge into the plant on any one day shall not ex - 11. Lead - shall not exceed 0.05 mg/1. Geed 150 gallons. For purposes of obtaining per capita flow, the five day BOD per capita is defined as 0.17 12. Iron - shall not exceed 0.30 mg/1. pounds per day. -' -` _ . �a L> 13. Arsenic - shall not exceed 0.05 mg/1. 14. Chlorides - shall not exceed 600 mg/1. y 15. Sand - shall not exceed 0.01 mg/1 at any time. B. Prohibited Discharges ' The following discharges into any collection system shall be prohibited: 0 1. Any industrial waster that exceeds the requirements of Paragraph A or as defined by the Environmental Protection Agency, without written approval of the City's Director of Utilities. 2. Storm water, yard drains, roof drains or Catch basins. 3. The discharge of coolant water of air conditioning units. 4. Machinery and motor vehicle lubricants. 5, Gasoline, benzene, naptha, mineral spirits or other flammable or explosive liquid, solid or gas. 6. Any ashes, sand, mud, metal, glass, rags or any solid or viscous substance capable of causing obstruction to the flow in sewers or interference with the proper CO operation of the treatment plant. -12- r .ADDIm.m To TRIPARTIZE Ann:—UuTT - VERO MALL THIS ADDMMUM TO TRIPARTITE AG}.:' entered into this aS4,4-- day of May, 1977, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation of the State of Florida, hereinafter referred to as. the "City"; 7.N<3IAN RIVER COUNTY, a political subdivision of the State of Florida, here- inafter referred to as the "County"; and VERO MALL, a joint venture composed of MEI.VIN F. S&MBLER and JAMES W. WIISON, JR., hereinafter referred to as "Vero Mall", their heirs, successors and assigns. WITTdESSETH: WEREAS, by Agreement dated April 20, 1977, and entitled TRIPARTITE AGRERAM - VERO MALL, City and Vero lk1all executed a document requiring the additional signature of County; and uMr,AS, County desires to amend the April 20th Agreement in respect to certain provisions; N, TFIETtEFORE, in consNO ideration of the foregoing and the covenants contained herein the parties agree as follows: 1. That Tripartite Agreement - Vero Mall, dated April 20, 1977, is Incorporated by reference into this Addendum. County's execution of the Tripartite Agreement - Vero Mall is conditioned upon the execution of this Addendum by City and Vero Mall before the Tripartite Agreement dated April 20, 1977 and this Addendum shall be valid and enforceable against the parties. 2. Paragraph 8 of the April 20th Tripartite Agreement is amended in toto to read as follows: "8. Installation of the facilities necessary or convenient to allow Vero *1411 to utilize the water and sewer service shall be paid for in advance by Vero Mall,'shall be subject to all applicable laws, ordinances and regulations, shall be subject to approval by the City, and by the County. The entire sewer line as hereinafter defined, and necessary easements, shall be conveyed to County, at no expense to County except for the County contribution as hereinafter described, by Vero Mall free of all liens, charges or encumbrances, prior to the con-nencement of sewer service. The water line shall be conveyed to the City at no expense to City by Vero Mall, free of all liens, charges or MAY 2 31977 475 encumbrances, prior to the commencement of service. The County shall have the option to assure, at no cost to the County, ownership and maintenance responsibility of that portion of the water line, excluding meters, constructed outside the city limits. At the time water and sewer facilities are conveyed to the County and City by Vero Mall, City shall assumE all maintenance responsibility regarding the facilities. The City's responsibility for maintenance of the sewer line shall continue for as long as the City is collecting retail sewer rates from Vero Mall and/or other subsequent connecting parties. The City`s responsibility for maintenance of the water line shall continue for as long as the City is collecting retail water rates from Vero Mall and/or other subsequent connecting parties. The parties hereto agree that the sewer line shall be constructed from the Vero Mall property East on 12th Street to the intersection of 12th Street and 6th Avenue and down 6th Avenue to the City's existing sewer plant. The exact routing of the line shall be determined, by mutual agreement of the City and the County, and shall be approved by County. The parties further agree that although a four -inch (4") sewer line was originally anticipated, said line shall be increased to six (6") inches and County shall pay up to the first Three Thousand ($3,000.00) Dollars Of the incremental cost difference between a four -inch (4") and.six- inch (6") line. Said incremental cost difference shall be determined by bidding the cost and installation of both a four -inch (4") and a six-inch (6") line. In no event will the cost increment payable by County exceed Three Thousand ($3,000.00) Dollars. The balance of the incremental cost difference, if any, shall be paid by Vero Mall. County shall have the sole right to designate additional sewer customers up to the capacity of the six-inch (6") sewer line and said capacity shall be charged to County's waste water allocation of 1.39 million gallons under.the January 11, 1973 Agreement. The parties agree that County shall, subject to City approval and City supervision as to good engineering practices and City ordinances, have the right to hook up, at no expense to the City, additional customers to the sewer line, with City accepting; and treating the sewage pursuant to the terms of the Aucement between the City and County dated January 11, 1973, and then -2- 911101 99 . 476 applicable City ordinances, and City shall charge each customer rates, including customer deposits, as provisioned by then existing City ordinances. No impact fees of any sort shall be charged by City to the additional customers connecting to the said sewer line. The County shall cooperate with the City to the fullest extent allowable by law to assist the City in the collection of any delinquent sewer rates owed by out city customers of the City." 3. Paragraph 9 of the Tripartite Agreement dated April"20,•1977, is amended to read as follows: "9. Upon final acceptance of the water line by the City, Vero Mall shall pay the City $15,000.00 as a non-refundable development fee which shall be placed in a capital account to be utilized by the City as it sees fit, provided said funds are utilized for extending, maintaining, improving, or increasing the City's water facilities." IN WITNESS WHEREOF, the duly authorized officials of the City, County, and Vero Mall, have executed this Addendum to Tripartite Agreement in triplicate, any copy of which three may be deemed an original, the date and year first above written. (Seal) as to form: L- y1aVu�ca.� City Attorney (Seal) CITY OF VERO BEACH By ATTEST: By�- C&Lzyl R/ tevens, City Clerk -A% (-1-*A INDIAN RIVER COUNTY B y WfIriam C. Wodtke, Jr., Chairman, Board of County Commissioners { ATl' - : Approved as to form: y - k,�~ Fredarig it-, Clerk ge J. . iis, Jr. County Attorney � `� ., Y 2 31977 (Si��tuie Page continued)477 f VERO MAIL, a joint venture composed of HM -VIN F. SOClER and JAMES W. WILSON(,\JR. _ R lvin F. S Approved as to form: i son, Jr. fflichalas Manoff Attorney for Vero Mall 29 MAY 2 31977 - - • R 1 THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND i ! CARRIED, THE BOARD ADJOURNED AT 4:25 O'CLOCK P.M. ATTEST. i CLERK CHAIRMAN { 18 MAY 2 31977 29 4'9