HomeMy WebLinkAbout1987-014RESOLUTION 87-14
IRC WW F (12/05/86)
RECORD VERIFIED
JEFFREY K. BARTON
CLERK CIRCUIT C:01 •RT
-
A RESOLUTION OF INDIAH RIVER COUNTY,
FLORIDA, GRARTIHG TO THE CITY OP VERO
BEACH, PLORIDA, ITS SUCCESSORS AHD ASSIGNS,
A WASTEWATER PRANCBISE IR CERTAIN
URINCORPORATED AREAS OF IRDIAH RIVER
COUNTY, FLORIDA: IMPOSING PROVISIONS ARD
CONDITIONS RELATING TRERET07 ARD PROVIDING
AN EFFECTIVE DATE.
IRC tqW F ( 12/05/86)
C, BE IT RESOLVED by the Board of Indian River County,
Florida, as follows
Section 1.
That there is hereby granted to the City
uf:. i_::,h V1 nirl(.1)
(herein called "Grantee"), its successors
!87
RESOLUTION - 1d
lrrrF;r:r h r 1J
and assigns, the sole
'f
co
to construct, maintain,
and operate a public wastewater system in,
-o
-.
P
A RESOLUTION OF INDIAN
RIVER
COUNTY,
across the present and future streets,
j
FLORIDA, GRANTING TO THE
CITY
OF VERO
areas of Indian River County, Florida,
BEACH, FLORIDA, ITS SUCCESSORS AND
ASSIGNS,
defined in Exhibit A,
A WASTEWATER FRANCHISE
IN
CERTAIN
with respect to wastewater system
UNINCORPORATED AREAS OF
INDIAN RIVER
COUNTY, FLORXDAs IRPOSING
PROVISIONS AND
CO
N
CONDITIONS RELATING THERETOi
AND
PROVIDING
1
AN EFFECTIVE DATE.
W
W
C, BE IT RESOLVED by the Board of Indian River County,
Florida, as follows
Section 1.
That there is hereby granted to the City
of Vern Beach, Florida
(herein called "Grantee"), its successors
a
and assigns, the sole
and exclusive right, privilege or franchise
co
to construct, maintain,
and operate a public wastewater system in,
-o
-.
ry
under, upon, over and
across the present and future streets,
ry
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
CD
Florida and the quantity and quality of wastewater service =j
C7
provided and sold shall at all times be and remain not inferior to -'
the applicable standards for public wastewater service and other
c.i
applicable rules, regulations and standards now or hereafter co
adopted by the Federal Government and the State of Florida.
'J
-
•
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
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 so 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.
section 5. That all rates and rules and regulations
established by Grantee from time to time shall be reasonable and
Grantee's rates for wastewater shall at all times be subject to
-2-
CGD
IU
111
•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 wit:lout 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
Grantee based on the collection of such moneys.
Section S. As further consideration of this
franchise, the Grantor agrees not to engage in or permit any
C7
-3-
IIperson other than the Grantee to engage in the husiness of
providing wastewater service during the life of this franchise or
I any extension thereof in competition with the Grantee, its
11�
If successors and assigns, with the exception of any customers not
served by the Grantee on the effective date of the franchise.
11►
I� Such customars may be served by the Grantee, upon request by them,
and after appropriate approvals by the Grantor and any other
affected parties.
I Additionally, the Grantee shall have the authority to
1�
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;
(1) advance payment of contributions in aid of
construction to finance system expansion and/or extension,
(2) revenue guarantees or other such arrangements
as 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 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
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 ,1nal
determination of the question, to make good the default, before a
forfeiture shall result, with the right in Grantor at its
0
`;i
C)
discretion to grant such additional time to Grantee for compliance
as necessities in the case require;
q provided, however, that the
c,
provisions of this Section shall not be construed as impairing any
—�
ui
-4-
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 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 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.
Section 15. This Franchise supersedes, with respect
to wastewater only, any previous agreements between the Grantee
and Grantor regarding such service.
-5-
a
:;j
C=)
e�
t: A
DONE and ADOPTED in regular session, this7tli day of
January , 1981 .
I, ACCEPTEDs
01 CITY OF VERO BEACH
At�aAt'�✓k.,
/b.
. / o CCAJ—
�2 C ty Clerk
s.. L
p����..;;Od'',
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
Chaifman
Attest �� •,~i�
ti•—, rMD11��
Approved as to form
and legal sufficieTIFY
By _C_lL�
Charles P. Vitunac
County Attorney
EXHIBIT "A" IS A LARGE MAP
WHICH IS ON FILE IN THE
CLERK'S OFFICE
—6— --j
OTT,
��� ■■t1oE0'OO�OC.y
Co �p�ia.
OtIQO'000Op,
■, EOC �Wo■Y
: . 1 ■ecc¢c tKt:Wa
CIOi Mm aareeB
nr
:,■..1.... t....:. ... oceeoe aeoce trtz ier
Otttc c4e Cc ■�tl
V uu
�cjNJ =tf� -•
�N'tlLL. Hcu o
somoa.;
EXHIBIT "A" Page 1 to
Wastewater Frlanch
N V 3 ? O
EXHIBIT "A" Page 2 to
Wastewater Franc`:: -� c
N d 3 7 0
? l I N V 7 1 V
.,. i_� :
a
•�
�
,a ml c
I
�
�<<�* i
N V 3 ? O
EXHIBIT "A" Page 2 to
Wastewater Franc`:: -� c
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