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Home My WebLink About1987-013lines) for the purpose of supplying water to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. Upon IRC W F (12/05/86) Grantee agrees to provide such areas with water service. RESOLIRION 87-13 RECORD VERIFIED All of the water facilities of the Grantee shall be JEFFREY K. BARTON constructed, maintained and operated in accordance with the CLERK CIRCUIT COURT applicable regulations of the {f A RESOLMON OF INDIAN RIVER COURMOIAN Rlvr-r CU., FLA Florida and the quantity and quality of water delivered and sold FLORIDA, GRANTING TO THE CIT! OF VERO WACB, FLORIDA, ITS SQCCESSORS AND ASSIGNS, J zy A NATER TRANCHISE IN CERTAIN`OEINCORPORA?® �r �5 AREAS OF INDIAN RIVER C09Wff, FLORIDAlr supply and other applicable rules, t?. IlP08INCi PROVISIONS AND CONDITIONS RELATING fV -o 'THERM, AND PROVIDING AN EFFECTIVE DAIS. Ch O Government and the State of Florida. The Grantee shall maintain N; r? W -1- BE IT RESOLVED by the Board of Indian River County, �1 Florida, as follows: Section 1. That there is hereby granted to the City of Vero Reach, Florida (herein called "Grantee"), its successors and assigns, the sole and exclusive right, privilege or franchise co to construct, maintain, and operate a public water system in, under, , upon, over and across the present and future streets, N` ro alleys, bridges, easements and other public places throughout certain unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), as such unincorporated areas are defined in Exhibit A, and its successors, in accordance with established practices with respect to water system construction and maintenance, for a period of thirty (30) years from the date of acceptance hereof. Such water system shall consist of water facilities (including pipes, fixtures, mains, valves, meters, tanks, etc., and, for water system use, telephone and electric lines) for the purpose of supplying water to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. Upon acceptance of this franchise, Grantee agrees to provide such areas with water service. All of the water facilities of the Grantee shall be constructed, maintained and operated in accordance with the applicable regulations of the Federal Government and the State of Florida and the quantity and quality of water delivered and sold o shall at all times be and remain not inferior to the applicable C3 to standards for public water supply and other applicable rules, CD regulations and standards now or hereafter adopted by the Federal -o O Government and the State of Florida. The Grantee shall maintain co CD W -1- W J �`'`' r of itsient:,water: pressure and mains of sufficient size with fire hydicants ''+sed Other facilities no in the water system to iurnieh fire protection at any and all areas within the territory ,tl� 'receiving service from the Grantee in accordance with the same �t applicable standards used to provide fire protection service in the City of Vero Beach. The Grantee shall also supply all water to consumers through meters which shall accurately measure the amount of water supplied in accordance with normally accepted '9k.. Int Ei utility standards. f Section 3. That the facilities shall be so located or, relocated and so constructed as to interfere as little as " practicable with traffic over said streets, alleys, bridges, and a� public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of Grantor may designate for E j '.t _the purpose, but not so as unreasonably to interfere with the u P roper operation of Grantee's facilities and service. That when any portion of a street is excavated by Grantee in the location or relocation of any of its facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense, and in as good condition as it was at the time of such excavation. Provided, however, that nothing herein contained shall be construed to make the Grantor liable to the Grantee for any cost or expense in connection with the construction, reconstruction, repair or relocation of Grantee's facilities in streets, highways and other public places made necessary by the widening, grading, paving or otherwise improving by said Grantor, of any of the present and future streets, avenues, alleys, bridges, highways, easements and other public places used or occupied by the Grantee, except, however, Grantee shall be entitled to reimbursement of its costs as may be provided by law. C3 Section 4. That Grantor shall in no way be liable CD or responsible for any accident or damage that may occur in the pp construction, operation or maintenance by Grantee of its b ca C , CO Q -2- ``fitilitiei hereunder, and the acceptance of this Resolution shall be'd�emad an: agreement on the part of Grantee to indemnify Grantor and_ hold it harmless against any and all liability, loss, cost, damage, or expense, which may accrue to Grantor by reason of the -,neglect, default or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. Section 5. That all rates and rules and regulations established by Grantee from time to time shall be reasonable and �I " Grantee's rRtes for water shall at all times be subject to such regulation-as may be provided by State law, however, the Outside BBBa City Limit Surcharge levied by the Grantee on water rates shall C not be increased from the present ten (10%) per cent above the 'e, prevailing City of. Vero Beach base rates without a supporting cost I of service study, in order to assure that such an increase is reasonable and not arbitrary and/or capricious. The right to regulate water rates, impact fees, service :policies or other rules or regulations or the construction, i operation and maintenance of the water system is vested solely in the Grantee except as may be otherwise provided by applicable laws oftheFederal Government or the State of Florida. Section 6. Prior to the imposition of any franchise fee by the Grantor, the Grantor shall give a minimum of sixty (60) '! days notice to the Grantee of the imposition of such fee. Such i 1 fee shall be initiated only upon passage, by the Grantor and acceptance by the Grantee, of an appropriate ordinance in 1 accordance with Florida Statutes. Such fee shall be a percentage of gross revenues from the sale of water to customers within the ?' Franchise area. Said fee, at the option of the Grantee, may be shown as an additional charge on affected utility bills. The franchise fee, if imposed, shall not exceed six (6%) per cent of applicable gross revenues. Should the Grantee refuse to accept an ,ordinance of the Grantor imposing such a fee, this franchise (I agreement shall become null and void. CD OM �� Section 7. Payments of the amount to be paid to tD Grantor by Grantee under the terms of Section 6 hereof shall be co made in monthly installments. Such monthly payments shall be C CO -3- rendered. twrnty (20) days after the monthly collection period. ,�"The Grantor agrees to hold the Grantee harmless from any damages �,..or 'suits resulting directly or indirectly as a result of the collection of such fees, pursuant to Sections 6 and 7 hereof and the Grantor shall defend any and all suits filed against the `. Grantee based on the collection of such moneys. S Section S. As further consideration of this franchise, the Grantor agrees not to engage in or permit any person other than the Grantee to engage in the business of distributing and selling water during the life of this franchise or any extension thereof in competition with the Grantee, its + successors and assigns, with the following exceptions: (1) Any non -potable water system(s) operated by the 4 ! Grantor or any other operator properly licensed by the Grantor. (2) The Grantee shall have the authority to enter • • •1 into Developer Agreements with the developers of real estate projects and other consumers within the franchise territory, which agreements may include, but not be limited to provisions relating to; a (a) advance payment of contributions in aid of construction to finance system expansion and/or extension, (b) revenue guarantees or other such arrangements as may make the expansion/extension self supporting, (c) capacity reservation fees, (d) prorata allocations of plant expansion/main j extension charges between two or more developers. Developer Agreements entered into by the Grantee shall be fair, just and non-discriminatory. Section 9. That failure on the part of Grantee to comply in any substantial respect with any of the provisions of this Resolution, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect, if the reasonableness or C2 O propriety thereof is protested by Grantee, until a court of �p i competent jurisdiction (with right of appeal in either party) CO qi shall have found that Grantee has failed to comply in a Q ,E W CD $i. i' -4- • • •1 - �-.., substantial respectwith any of the provisions of this franchise, the Grantee_. shall have six (6) months after final ,•;},determination of the question, to make good the default, before a S<< forteiture ..shall result, with the right in Grantor at its `w :.discretion to grant such additional time to Grantee for compliance as necessities in the case require; provided, however, that the : provisions of this Section shall not be construed as impairing any alternative right or rights which the Grantor may have with respect to the forfeiture of franchises under the Constitution or tha general laws of Florida. Section 10. That if any Section, paragraph, sentence, clause, term, word or other portion of this Resolution } shall be held to be invalid, the remainder of this Resolution shall not be affected. Section 11. As a condition precedent to the taking effect of this grant, Grantee shall have filed its acceptance hereof 'with the Grantor's Clerk within sixty (60) days after adoption. This Resolution shall take effect on the date upon which Grantee files its acceptance. Section 12. The Franchise Territory may be expanded or contracted to include or exclude lands by mutual agreement between the Grantee and Grantor. Any Franchise Territory that is subsequently annexed by the Grantee shall be removed automatically from the Franchise Territory. Section 13. This Franchise supersedes, with respect to water only, any previous agreements between the Grantee and the Grantor regarding such service. Section 14. This franchise is subject to renewal upon the agreement of both parties. in the event the Grantee desires to renew this franchise, then a five year notice of that intention to the Grantor shall be required. Should the Grantor wish to renew this franchise, the same five year notice to the Grantee from the Grantor shall be required and in no event willcm o the franchise be terminated prior to the initial thirty (30) year tC period, except as provided for in Section 9 hereof. CD CD G0' -5- t'. gealion 15. Provisions herein to the contrary notwitletanding, the Grantee shall not be liable for the 4 ' n►ance,or delay in performance of any of non-perlorits obligations �x ' undertaken",pursuant to the terms of this franchise, where said T failure or delay is due to causes beyond the Grantee's control ` including, without limitation, "Acts of God", unavoidable casualties, and labor disputes. DONE and ADOPTED in regular session, this 27th day of t January • 1987. ACCEPTED: BOARD OF COUNTY COMMISSIONERS CITY OF VERO BEACH INDIAN RIVER COUNTY gy yi i By: G Mayor Cha rman Date: y-- 'e4+�•�'� � a ' � ��'+. Ar �� • . At Attests �b a, City,-.Clerk z ' p••......... .,'�� Approved as to; r ' A'Dp�%;5.'�� and legal suffid iicy 4 n By l/ — Charles P. Vitunac County Attorney EXHIBIT "A" IS A LARGE MAP WHICH IS ON FILE IN THE CLERK'S OFFICE -6 - I-Ift I-Rft 16:61 �y I Z Kal t**ft Kol N d 3 9 O 9 / 1 N C 7 1 d9; ' � i k �r%d•" 'rL''" •dI� ��'�"� _-`r�-,%.-co �,,,,..+ �,�'; - .�+' �=� _! �:• •.�.;.► i.f, • �' '��11 �� \� � G„�: ._____.-� -:`' it IN N 01 elm ....... . . . f ...� - � ; I i«-'�✓ /�l , ;i ""--} :.- L it I —�.__, ri .��`:is_•s��.l I,r• to. ..a•„a �r s,., ✓ f / l •'J.• .� ,. ` 1 .. _�,.. s %v'�-- �_c�:i �ti..,�_ '� --- G / � - - �iri.:ai m=iirr=� �� • i S, �--� f/ :.sof �..,,,- I EXHIBIT "A" Page 3 to Wastewater Franciii-se