HomeMy WebLinkAbout2014-022RESOLUTION NO. 2014-nZ 2
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 or Line Extension Projects {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;
The rules and regulations hereafter adopted by the board under the provisions of this
Resolution shall supersede the existing Resolution No. 2003451.
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 of Utilities.
The resolution was moved for adoption by Commissioner nervi s ,and
the motion was seconded by Commissioner Solari ,and, upon being put to a vote,
the vote was as follows.
Chairman Peter D. O'Bryan Aye
Vice Chairman Wesley S. Davis Aye
Commissioner Joseph E. Flescher Ar,p
Commissioner Tim Zorc Ave
Commissioner Bob Solari Aye
The Chairman thereupon• declared the resolution duly passed and adopted this 11th day of
March, 2014
RESOLUTION NO. 2014- 0 2 2
BOARD OF COUNTY COMMISSIONERS
IND
ATTEST: Jeffrey R. Smith, Clerk of
Peter
Circuit Court and Comptroller
By: .,�,o,,�, Otzu�
eputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
COUNTY ATTORNEY
2
ER COUNTY, FLORIDA
D. O' Bryan, Chairman
jjY C0Al
AGREEMENT
Re: TEMPORARY WATER SERVICE CONNECTION AND
PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM & LINE EXTENSIONS
THIS AGREEMENT, effective this day of by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida
32960 (COUNTY) and I whose address is
(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 services, on
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 or line extension when the COUNTY undertakes the special assessment or line
extension 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 Fee 5/8 inch $
Security Deposit $
Recording Fee (This Agreement) $
Meter Fee 5/8" inch $
Inspection Fee $
Total $
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 or line extension, OWNER may be required to disconnect
from the temporary connection and to reconnect to the special assessment line or
F:\Utilities\UTILITY - Engineering\Projects -Temp Service Agreements\000-Temp Sery Agrmnt MASTER TEMPLATE - 12-04-2013\MasterTempServAgrmnt, 3-3-14.doc
[Form approved by County Attorney and Utilities Depart
ment 12/2013]
extension line, Any such reconnection shall beat 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 or extension line or
remain connected to the temporary connection, OWNER shall participate in the cost of the
special assessment or line extension project. for costs associated with survey, design,
permitting, construction, restoration, inspections, certifications, administration and
recording. By accepting the temporary connection, OWNER waives any right to contest the
receipt of special benefit from the special assessment or line extension project. In addition,
OWNER's signature on this Agreement may be considered to be an affirmative vote for
construction of the special assessment line or line extension.
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.
Sign
Witness
Printed Name
Sign
Witness
Printed Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
, by
personally known to me or who produced a
NOTARY PUBLIC
Printed Name:
Commission No.:
Commission Expiration:
day of
who is
F:\Utilities\UTQ,ITY - Engjneering\Projects -Temp Service Agrcements\000-Temp Sery Agrmnt MASTER TEMPLATE - 12-04-2013VolasterTempServAgrmnt, 3-3-14.doc
[Form approved by County Attorney and Utilities Department 12/2013]
"THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY"
Sign
Witness
Printed Name:
Sign
Witness
Printed Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY, FLORIDA
By its Board of County Commissioners
By
County Administrator
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the above
State and County to take acknowledgments, personally appeared JOSEPH A. BAIRD, to me
known to be the person described in and who executed the foregoing instrument as the County
Administrator for the Board of County Commissioners of Indian River County, Florida, and
acknowledged to and before me that he executed the same as the act and deed of such county.
WITNESS my hand and official seal in the above county and state this day of
20
NOTARY PUBLIC
Printed Name:
Commission No,:
Commission Expiration:
Approved for form and legal sufficiency:
am
County Attorney
Approved for Utilities matters:
By
Utilities Director
F:\Utilities\UTILITY • Engineering\Projects -Temp Service Agreements\000-Temp Sery Agrmnt MASTER TEMPLATE - 12-04-2013\MasterTempServAgrmnt, 3-3-14.doc
[Form approved by County Attorney and Utilities Department 122013] ,