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HomeMy WebLinkAbout1995-091RESOLUTION NO. 95- 91 CLERK CIRCUIT COURT INDIAN RIVER A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 87-14 WHICH GRANTED TO THE CITY OF VERO BEACH A WASTEWATER FRANCHISE IN CERTAIN UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; CONFIRMING THE RIGHT OF THE CITY OF VERO BEACH TO OPERATE A RECLAIMED WATER SYSTEM AS PART OF ITS WASTEWATER FRANCHISE; CONFIRMING AND AUTHORIZING THE USE OF STATUTORY SPECIAL ASSESSMENT POWERS TO FINANCE THE CAPITAL COSTS OF A RECLAIMED WATER DISTRIBUTION SYSTEM WITHIN THE FRANCHISE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County adopted Resolution 87-14 granting to the City of Vero Beach, its successors or assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate a public wastewater system in certain unincorporated areas of Indian River County; and WHEREAS, the City of Vero Beach has relied on this franchise agreement in constructing, maintaining, and operating public wastewater systems in certain unincorporated areas of Indian River County; and WHEREAS, the City of Vero Beach has elected to enter into a reclaimed water program as a method for the disposal of wastewater effluent; and WHEREAS, the original franchise agreement set forth in Resolution 87-14 does not specifically provide a definition of wastewater to include reclaimed water as a wastewater disposal technique; and V COUNTY ATTORN Y,S OFFICE INDIAN poly"It c:OUNrY 18 r0 25 h &front Voro 6eachi Florida 32960 O 00 W a CM C>t CD WHEREAS, the City wishes to expand its reclaimed water distribution system to retail customers in the wastewater franchise area; and WHEREAS, the reuse of reclaimed wastewater is an integral part of wastewater disposal. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT Resolution 87- 14 is hereby amended to read as follows: Section 1 - Technical Chances. The section(s) below are amended as follows ( all deletions are depicted by striking over the language, and all additions are depicted by underlining): Section 2 - Amendment. Section 1 of the aforementioned agreement is amended to read as follows: That there is hereby granted to the City of Vero Beach, Florida (herein called "Grantee"), its successors and assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate a public wastewater system in, under, upon, over and across the present and future streets, 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 wastewater system construction and maintenance, for a period of thirty (30) years from the date of acceptance hereof. Such wastewater system shall consist of wastewater facilities (including pipes, fixtures, mains, valves, lift stations, etc., and, for wastewater system use, telephone and electric lines) for the purpose of supplying wastewater service to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits r. Section 3 - Amendment. Section 6 of the aforementioned agreement is hereby amended to read as follows: 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 fee shall be initiated only upon passage, by the Grantor and acceptance by the Grantee, of an appropriate ordinance in accordance with Florida Statutes. Such fee shall be a percentage of gross revenues from the sale of wastewater service 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 shall become null and void. Section 4 - Amendment. Section 8 of the aforementioned agreement is hereby amended to read as follows: 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 providing wastewater service during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns_, -,- =o h the emeeptien of any eestemeEs not sevved by the GEantee en he effe- -}--_s- date 96 the fr-anehiBev Such customers may be served by the Grantee, upon request by them, and after appropriate approvals by the Grantor and any other affected parties. In the event Grantee is unable or unwilling to provide reclaimed water to franchise area customers, Grantor may service such customers at Grantor's option. Additionally, the Grantee shall have the authority to: enter into Developer Agreements with the developers of real estate projects and other consumers within the O franchise territory, which agreements may include, but cc not be limited to provisions relating to: W -o CM +1+ l advance payment of contributions in aid of O construction to finance system expansion N and/or extension, O Section 3 - Amendment. Section 6 of the aforementioned agreement is hereby amended to read as follows: 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 fee shall be initiated only upon passage, by the Grantor and acceptance by the Grantee, of an appropriate ordinance in accordance with Florida Statutes. Such fee shall be a percentage of gross revenues from the sale of wastewater service 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 shall become null and void. Section 4 - Amendment. Section 8 of the aforementioned agreement is hereby amended to read as follows: 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 providing wastewater service during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns_, -,- =o h the emeeptien of any eestemeEs not sevved by the GEantee en he effe- -}--_s- date 96 the fr-anehiBev Such customers may be served by the Grantee, upon request by them, and after appropriate approvals by the Grantor and any other affected parties. In the event Grantee is unable or unwilling to provide reclaimed water to franchise area customers, Grantor may service such customers at Grantor's option. Additionally, the Grantee shall have the authority to: enter into Developer Agreements with the developers of real estate projects and other consumers within the O franchise territory, which agreements may include, but cc not be limited to provisions relating to: W -o CM +1+ l advance payment of contributions in aid of O construction to finance system expansion N and/or extension, O B:M AEUSEI.RE8 REB. 87.14 +2+ b) revenue guarantees or other such arrangements as may make the expansion/extension self supporting, {3+ jc„ capacity reservation fees, f4} LU Prorata allocations of plant expansion, main extension charges between two or more developers. 121 Developer Agreements entered into by the Grantee shall be fair, just and non-discriminatory. Section 5 - Ratification. Except as specifically amended in this Resolution all the terms, conditions, and encumbrances contained in resolution 87-14 are hereby ratified and confirmed. Section 6 - Effective Date. This Resolution shall take effect upon adoption. ATTEST: 1 i , K Ba ton Jerk App 'igvQd' * a$ to form and legal'' sufficiency: 10470 Aivw Ce Ap •.. -- Acfntln. 4 /1 / _A Charles P. Vitunac V County Attorney 0 1 Hisk tvlyr. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 4Macht, Chairman Approved by Board 8-1-95 proved D ale IRC WW F ( 12/05/86) of Vero Beach, Florida (herein called "Grantee"), its successors and assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate a public wastewater system in, under, upon, over and across the present and future streets, 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 wastewater system construction and maintenance, for a period of, thirty (30) years from the date of acceptance hereof. Such wastewater system shall consist of wastewater facilities (including pipes, fixtures, mains, valves, lift stations, etc., and, for wastewater system use, telephone and electric lines) for the purpose of supplying wastewater service 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 wastewater service. All of the wastewater 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 wastewater service provided and sold shall at all times be and remain not inferior to the applicable standards for public wastewater service and other applicable rules, regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. P%) RESOLUTION 87-14Ir'rrHEYK \. A RESOLOTION OF INDIAN RIVER COUNTY, i` FLORIDA. GRANTING TO THE CITY OF VSRO BEACH, FLORIDA, ITS SUCCESSORS AND ASSIGNS, A WASTEWATER -FRANCHISE IN CERTAIN v UNINCORPORATED AREAS OF INDIAN RIVERco —' OOONTr. FLORIDAI IMPOSING PROVISIONS AND CONDITIONS RELATING THERETOr AND PROVIDING N r; AN EFFECTIVE DATE. w is BE IT RESOLVED by the Board of Indian River County, Florida, as follows: Section 1. That there is hereby granted to the City of Vero Beach, Florida (herein called "Grantee"), its successors and assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate a public wastewater system in, under, upon, over and across the present and future streets, 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 wastewater system construction and maintenance, for a period of, thirty (30) years from the date of acceptance hereof. Such wastewater system shall consist of wastewater facilities (including pipes, fixtures, mains, valves, lift stations, etc., and, for wastewater system use, telephone and electric lines) for the purpose of supplying wastewater service 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 wastewater service. All of the wastewater 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 wastewater service provided and sold shall at all times be and remain not inferior to the applicable standards for public wastewater service and other applicable rules, regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. P%) s Section 3. That the facilities shall be so located or, relocatedand -so constructed as to interfere as little as practicable with traffic over said streets, alleys, bridges, and 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 the purpose, but not no as unreasonably to interfere with the proper 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. Section 4. That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities hereunder, and the acceptance of this Resolution shall be deemed 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. o Section S.o That all rates and rules and regulations '-0 established by Grantee from time to time shall be reasonable and Grantee's rates for wastewater shall at all times be C;,) subject to `) c:) r_� ,such:regulation as may be provided by State law, however, the outside City Limit Surcharge levied by the Grantee on wastewater rates "shall not be increased from the present ten (10%) per cent above the prevailing City of Vero Beach base rates without a Supporting cost of service study, in order to assure that such an increase is reasonable and not -arbitrary and/or capricious. The right to regulate wastewater rates, impact fees, service policies or other rules or regulations or the construction, operation and maintenance of the wastewater system is vested solely in the Grantee except as may be otherwise provided by applicable laws of the Federal 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 fee shall be initiated only upon passage, by the Grantor and acceptance by the Grantee, of an appropriate ordinance in accordance with Florida Statutes. Such fee shall be a percentage of gross revenues from the sale of wastewater service 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 shall become null and void. Section 7. Payments of the amount to be paid to Grantor by Grantee under the terms of Section 6 hereof shall be made in monthly installments. Such monthly payments shall be rendered twenty (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 o the Grantor shall defend any and all suits filed against the L7 Grantee based on the collection of such moneys. C� Section S. As further consideration of this O franchise, the Grantor agrees not to engage in or permit any M ro, Yt'person other than the Grantee to engage in the business of providing wastewater service during the life of this franchise or any.. thereof in competition with the Grantee, its auocesaore and assigns, with the exception of any customers not isiwed.by the Grantee on the effective date of the franchise. Such customers may be served by the Grantee, upon request by them, and after appropriate approvals by the Grantor and any other affected parties. Additionally, the Grantee shall have the authority to enter 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? advance payment of contributions in aid of construction to finance system expansion and/or extension, (2) revenue guarantees or other such arrangements an may make the expansion/extension self supporting, (3) capacity reservation fees, (4) prorata allocations of plant expansion/main extension charges between two or more developers. Developer Agreements entered into by the Grantee shall be fa . ir, just and non-discriminatory. Section 9e 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 propriety thereof is protested by Grantee, until a court of Competent Jurisdiction (with right of appeal in either party) shall have found that Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six (6) months after fir&al determination of the question, to make good the default, before a forfeiture shall result, with the right in Grantor at its ,discretion to grant such additional time to Grantee for compliance Ias necessities in the case require; provided, however, that the provisions of this Section shall not be construed as impairing any P M alternative right or rights which the Grantor may have with < respect to the 'forfeiture of franchises under the Constitution or the general laws of Florida. Section IO. That if any Section, paragraph, b�tence, clause, term, word or other portion of this Resolution shall be field 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. I Section 13. 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 will the franchise be terminated prior to the. initial thirty (30) year period, except as provided for in Section 9 hereof. Section 14. Provisions herein to the contrary notwithstanding, the Grantee shall not be liable for the non-performance or delay in performance of any of its obligations undertaken pursuant to the terms of this franchise, where said failure or delay is due to causes beyond the Grantee's control including, without limitation, "Acts of God", unavoidable casualties, and labor disputes. o Section 15. This Franchise supersedes, with respect to wastewater only, any previous agreements between the Grantee CD and Grantor regarding such service. ; ; .7 Gl -5- regular session, this 17t1) day of EXHIBIT "A" IS A WHICH IS ON FILE CLERK'S OFFICE -6- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY By: G Cha man Attests ;.•�IN.O11�i Approved as to form y lefci©c� Charles P. Vitunac County Attorney LARGE MAP IN THE 0 =J O C� Gj M LO a, iir N r 3 0 0 1 N r 7 1 r1' , ��I ^�.,;- ts41 •II; ■�{! i i_" } LT=A 33' � „?•.�,. ! ••� i:. � i "C� 'i I--. �•' "' • ! jt t-J�, • Ca� '' ' ' �-� 1� I � L"r='``� {•..a ..N. • .... ,. t !' _�,/""• ;, •• e.-^ 'I ,1�✓''ii I pf —"•r l; L it _, � !- •!_ ��' yl�� (� ���-" ;; T:`�'. 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