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HomeMy WebLinkAbout1960-0026 f_ A►., BF IT RESOLVED By the Board of County Commissioners or Indian River County, Florida; SECTION 1 This resolution shall be known and may be cited as the "Goneral Development Utilities, Inc., Water and Sower Franchise."' STICTION 2 For the purpose of this Resolution, the following tormso. phrases, words and their doriviations shall have* the- meaning given herein. When not inconsistent with the context, words using the present terms include the future; words in the plural number Include the singular and vice versa. The word "Shall" is always mandatory, (a) "County" is Indian River County, a pq�litical.sub- division of the State of Florida. -(b) "Company" is the Grantee of the rights under this franchise, that is, General Development utilities, Incorporation, a Florida corporation. (c) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (o) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality as the same is more particularly defined and described herein. (f) "Water System" shall mean and include any real-estate, attachments, fixtures, impounded water, water mains, laterals, valves, meters, plant, wells, pipes, tanks, reservoirs, fire hydrants, systems, facility or other property, real or personal, used or useful or having the present eepacity for future use in connection with the obtaining, trentmont, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by business or industry and without limiting the generality of the foregoing, shall ombrace all necessary appurtenances and -ient and shall inclu(lc all property, rights, easements and fr„ relating; to any ss system and doomed necoseary or e^ 1 for the operation •roof. -I- (r,) "Sower Symtarrt" Is any plant, oystem, racinty or property .2- used or useful or havinr the present capacity for the future use in connection with the collection, treatment, purification or Oisponal of soware and sawaUe effluent and residue for the public and without Ilmittng the Conerality of the forceolnl- definition shall embrneo treatment plants, pumping stations, Intercepting newora, pressure llnen, mains, laterals and all necessary appurtenances and equipment and shall include all property rights, easements and franchises relating to any such system and doomed necessary or convenient for the operation thereof. SECTIONu There is hereby granted b�,, the County to the Company the exclusive franchise, richt and privilege to erect, construct, operate and maintain a water s ystom and a sower system either or both within the proscribed territory as herein provided And for these purposes to sell and distribute water and to collect and - e within the territory and for these purposes to dispose of sewat- establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alloys, streets, roads, highways and other public places of the County: provided, however, that the County reserves the right to'pormit the use of such public places for any and all other lawful purposes is and subject always to the paramount right of the public in and to such public places. SECTION It The territory In which this franchise shall be applicable is all that part of Indian River County, Florida, located within the f ollowing ,described boundary lines, to -wit; All of Sections 27, 34, 35 and 36 of Township 33 South, Range 39 Fast; all of Socticns 31 and 32 of Township 33 South, HR -nee 40 Last; all of the South hall' of Sections 29 and 30, Township 33. South, Rance 40 Last; and all of the Southeast quarter of Section 25 and all of the Southwest quarter of Section 260 Township 33 South, Range 39 Last. .2- as 1 3RCTION 'lie Company shall at all times daring the life of this franchise be subject to all .lawful oxorcise of the police power and_rogulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. SL:CTION h It is expressly understood and aZrood by and between the Company and the County that the Company shall save the County and members of the Board harmless from any loss sustained by the County on'account of any suit, jud�7nent, execution, claim or do -nand what-, soevor resulting from neglironce on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties apreo that in the construction of this section, the claim of any person resulting from neg,lit;onc'o on the part of the Company may be prosecuted directly by such person against the Company as if no governmental immunity accrued to the County by virture of the Companyts use of a public place of the County, The County shall notify the Company promptly after presen- tation of any claim or demand. SECTION The Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or way be set forth by the Poard from time to time. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, ouch additional retnilations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not in conflict with the rights herein Granted and not in conflict with the laws of the State of Florida. The County shall have the right to supervise all construction or installation work performed and to make such inspection as it shall find necessary to insure compliance with all governing regulations. Upon the.termin- ation of this franchise, the Company grants to the County the right at the election of the County and upon payment of an amount as 0 horeLnnfter provided to purchase and take over the property of the company. Pis amount to be paid by the County to the Cnmpnny shall be the actual then existing value of all real and tangible personal property of the Company. In the event any part or all of the territory covered by this franchise shall be hereinafter incorpor- ated In the limits of any munietpnlity of the State of Florida, then In such event the Company agroos as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and outhority'to acquire all tho Pror(.rty, assets and facilities of the Company used In Its services under this franchise. 1ho amount to be paid by the city to the Compnny jPjall to determined under the law of the State of Florida provided In c-ilriont domaln proceedings. All the facilities of the Company shall be constructed only in accordance with plans and 3Pectrtcrktt0n3 approved by the State Ponrd or tjoaith or the state or Florida and the quantity slid quallty of water delivered and sold and the manner of collection and disposal Of lfewnfO shall at All times be and remain not inferior to the rules, regulations and standards now or hereafter adopted by the State Foard of Health. The Company shall .maintain surriciont water pressure rind Minis of sufficient Size with fire hydrants and other facilities necessary to furnish fire protection at any and all aratin within the territory serviced by the Company. The Company shall also supply all water ifirouch motors which shall accurately measure the amount of Water supplied to any consumer. The Company 01411 at any time when requested by a consumer mako 6 test of the accuracy Of any motor; prior, however, to any test taing made by the Company, the party re- questing such test shall deposit with the Company the sun of give Dollars (It,'5.00). Such suirrahall be returned if the test shows the motor to be inaccurate In its delivery 'or more than 3%. Whenever It is necessary to shut off or Interrupt service for the purpose of inaking repairs or installations, the Company shall do so at such time as will cause the least amount of inconvenience to its consumers and unless such repairs are unforeseen and Immediatoly necessary, It shall give reasonable notice thereof to its consumers. a* The Company shall have the authority to promulgate such rules, 1�09'IlQtiOnso terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its oblications under this franchise and to idaue an uninterrupted service to each and all of its consumo,ra; provided, however, that such rules, regulations, terms and conditions ohall not be in conflict with the Provisions hereof or with the laws of the State of Florida and all of tho sane shall be subject to the approval of the Board. b. At all times heroin where discretionary power in left with the Bear ' d of County Cormlltsaioneri, the Company, before discretionary Action Is taken by the Board of County Commissioners, can request , said Board that a Croup of arbitrators be appointed and such group shall consist of: I. County hnt Oneer 2. company I-nklneor 3- One Person selected by the two above two persons and this Board of Arbitrator* Shall make racom-mindationi to the Board of Cnunty Commissioners but such reccrrnond4tjon# are not mandatory. Any final docielon the Arbitrators Or Board mfty have, Ulth respect to this franchise can be appealed to the Circuit Court of Indian River County by either party. it C —TI 0 � JLO All pipes, mems, hydrants, valves and other fixtures laid or placed by the Company shall be'so located in the public places In the COUntY 46 not to obstruct or interfere with any other, "es MOO Or such Public Places Already Installed, Tice Company shall whenever practicable avoid interforinU, with the use of any street, alley Or Other highway whore the paving or surface of the same would be disturbed. In case of any disturbance or pavolnont, sidewalk, driveway or other surfacing, the Company shall at its own cost and expense and In A manner approved by, the County Lnrinoera, replace and restore all such surrlco so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one year, in the event that any time the County shall lawfully elect to alter or -5- chanEe the Erode of or relocate or widen or otherwise change any such public way, the Company shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Company shall not locate any of its facilities nor do any construction which would create any obstructions or conditions which are or May become danyarous to the travelinC, public. In the event any such public place under or upon which the Company shall have located its facilities shall bo closed, abandoned, vacated or discontinued, the Poard may tcrininato such casement or license of the Company thereto, provided, however, in the avant of this teirmtnstlon of ausement, the person re- quosting such termination shall pay to the Company, in advance, its costs of removal and relocation of the removed facilities in order to continue its service as theretofOre exitttni„ or tho County shall retain an casement not less than ten feet 1.n width for the benefit of the Company and its facilities. ,"FG1IC3?i ll 'file Company shall not as to rates, charges, .sorvico facilities, rules, rac,10eetions or in any other respect i--,ako or grant any prefer - once or advantage to any person nor sutJoct any person to any prejudices or disadvantage, provided that nothing herein shall prohibit the estat,itahmont of a graduated scale of cti4rgas and classified rate schedule to which any consumer coming within :such classification would be entitled. SECTION 1P A* The Company shall furnish, .supply, Install and oake avail. able its public water systern and its public so,ior system to any and a11'' cr*0"�'wtth1'h the territory making -provide such demanding person with its services and facilities within one year frost the dnt.o of such deniand,provid€td, however, that the Doar�d may, upon application of the Company, extend the time for pro• viding euch service to such dornandi.ng person. In the event the Company fails to provide its services and facilities either as to.a water system or sewer system or both to any area within the terrt,tory within the time provided, than in such event the County may by resolution of the Hoard limit, restrict and confine the territory to that area then being serviced by both water and sowor by the Company or such greater area as the Hoard shall deitormino and thereaftor the territory shall be the only area set forth, defined and provided by the Board and the provision of this franchise shall not extend beyond the limits of the area so restricted and defined. b. The Company shall not be required to furnish, supply, in- stall and make available its public water system or its public cower systom or both to any person within the territory an hereinbefore set forth, unless the same may be done at such a cost to the Company as shall make the addition proposed, financially and physically feasible. Fth ancially feasible shall mean that with a fair and reasonable rate to be charged by the Company for all its services under this franchise. That such rate will produce to the Company a=, sufficlont to meat, all necessary costs of the services, lncluding a fair tato of return on the net valuation of its property devoted theroto, under eft'icient and economtcal management. aFie burden of showing that a,prospoctive service to the area is not financially feasible shall be the burden Of tho Company, 9gC'fI till 1 The Company shall not sell or tran,,irer its plant or system to another nor transror any riphta under this franchtse to anoti-or without the approval of the Board and provided, further, that no such sale or transfer after such approval #hall be effective until the vondoe, assig;noe or loasoo hers .filed with the Board an instrrmsant in writing reciting, the fact or such transfer and accepting the terms of this franchise and afreoing to perform all or the conditions thereof. In any event this franchise shall not be transferrable and assignable until notice or request for transfer and asaigr't ont shall be given by the Company to the Foard in writini*, accompanied by a request from the proposod transf@roe;, which application shall contain Information con- cerning the financial status and oth4r qualificrttlons of th© proposed transferee and such other information as the Foard may require. A public hearing shall be held on such request of which notice shall be given by publtcation in a newspaper regularly published in the County at lease one time not more than one month nor less than one wook pro- ceeding such hoarinp. Certified proof of publication of such notice shall be filed with the Hoard. Said honring may thereafter be continued from time to time as determined by the P,oard, `.Cite Hoard will, however, approve or disapprove said sale or transfer within ninety {qp} days from the date of said public hearing. The consent by the Poard to any assignment of this franchise shall not unreasonably be withhold. -7- SECTION 11t The rates chargod by the Company for its service hereunder shall be fair and reasonable and designed to mast all necessary costs of the service, including s fair rate of return on the net valuation of its properties devoted thereto under efficient 'hnd economical management. The Company agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body h5avinr competent jurlsdiction to fix just, reasonable ` and compensatory rates. When this franchise takes affect, the company shall have authority to charge and collect not to exceed tho following schedule of rates, which shall remal'n effective until changed or modified as herein provided, to-wit: P1, HATES First 3 000eal.lons g� .'�7 minimum per monthy Next ,000 r"alioni 0.54 Per each 1,000 r al lons Next 6,000 glellon3 C 0-47 t per each 1,000 cations Next 25,000 FOIIQras R f) h05 per each 1,000 Ealions Next 35,000 galleons to i`. 5P Per each l,C00 j'allons Over 75,000 gallons C-27 Per each 1,€00 r•allons t � w • , First Unit 'p.97 l'or 3,0100 rail€na voniritm peer month Second Unit 1.1015 with 1,000 1•al l.ons allowance Minimum 4,455 for up to 11,oco r,4iiona per month Dtsrataafter, add to mtninum trill the rate per 1,000 fallona raft forth Lindau "ponthly Water Rates," above. A' eft € AT6' 3 P013`111L,; VNIT irst unit X1!.97 for 3,tanV �Faallona minimum per month Each additional Unit 1.1;115 with ea110wance Or 1,000 gallons per ;'1-arath p,!r unit. T' Wrc artcr, add to m.ird?,n m bill 'tile rate per, 1,000 iFallens not forth Lander "Monthly Mater Rates", above. 'e A'1 NCCit3 s C`CI ?ti _CSiAttC , Iiataar Ni se a€atin Fed fteafunefeableaeeeit 1 1 nch l rr 115.00 30 -00 Z10.00 60c cines over Cost but not lona than •CC itefuridable> deposit on inch meters and ver $100.00 Turn on services V1.00 ( Roconnoction charge where service was terminated for non-payment of monthly charge 4..50. In addition to the above, the water connection chargee for, person$ y i other than persons using existing% private systema, as'dist nguishori from private wells, at the time of the initisl connection, shall be , the Bum of 165.00 in addition to the above rates. �fi� MONTHLY SEWER RATES Single Family dwelling: One bathroom 43.50 flat rate Each additional bathroom .50 flat rate Duplex (with one master meter for all Unita: Each duplex 65.00 Plat rate Each additional bathroom over two .50 flat rate Duplex (where separate water meters are requested: Single family water and sowar rates will apply. Multiple units (3 or more living units): With separate water motors each unit $3.50 fiat rate Each additional bath over one .50 flat rete With muster water meter for more than one emit « 75 of water rate Commercial 751% of water rate rn addition, for persons other than persons using; private systems, septic tanks excepted, a sewer service connection charge o 400.00 shall be required for service to the property line for each connection at the time of the initial connection. S C I`I N The County shall have access at all reasonable hours to all of the Company's plans, contracts, engineering data, accounting, finnnuial, statistical, consumer and service records relating to the propos -y and: the operation of the Company yrsd to all other records, required to be kept hersundor, and it shall filar such accounting ra- ports and data, with the County whon required. g',:CVON 16 The Company shall at all Bruer maintain public liabilityand property damage insurance in such amounts as shall be required from time to time by the Board in accordance with good business practices as determined by sato bueinesa standards as established by the Hoard for the protection or the County and the general public and for any liability which may result from any action of the Company, if any person serviced by the Company under this franchise complains to the I Board concerning rates,. chargea and/or operations of such utility and the Ct pany, gftorr, request is made upon it by the Board, falls to satisfy y or remedy such complaints or objections or falls to satisfy the hoard that said complaint or objection is not proper, the Board may thereupon, after due notice to .such utility, schedule a hearing concorniriC such complaint or objection and the Board may review the rates and charges set and charged by the Company for the services which it furnishes or the nature and character of the service it furnishes or the quality or services furnished, if the Board enters its order pursuant to such a hearing; and the Company fools it Is nErrieved by such order, the Company may seek review of the Boardas action by i:rocedines in the circuit court of the County; othorwiso, the Company shtall promptly comply with the order of the Board. SECT 10 11 Should the Company desire to establish sewer rates and charges or should the Company desire to increnno any charges heretofore established and approved by the Poard, than the Company shall notify the ronrd in writing, sotting forth a schedule of rates and charges which it proposes. A public hoarinl shall than be bald an such re» quest, of which notice shall be [j von by publication in a newspaper regularly published in said County nt loast one time not more than one month nor loss than one week procedinC such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hoartng, may tin reaftor be continued from, thio to time as dotcrmined by the Board. The Board will, however, approve or dtsapprove said in- crease in rates within ninety (90) days of :said public hearitir. If the Board enters order pursuant to such hoarinf; and the Company oi• any person fkels art-rievod by such order, then the Company or such person may seek review of the hoard's action by proceedings in the Circuit Court of the County. S1-'-XTrON 10 Prior to the Company plactnr any or its facilities in any of the public pincea as heroin authorized, the company shall snake application to and obtain a permit from the County EnF,tnesr authorlzi.ng said cons etruetion in the name :Wanner as permits are uuthorizod in that County for the -use of the public roads as shall noir or hereafter be established a by rogulationn of the County. 71le County shall have the richt when # special circurintancon exist to dotermine the time in which such con- struction shall be done. 99ttsB I2 if thu Company ratio or refuses to promptly and faithfully keep, perform and abide by each and all of the terms and conditions .of this franchise, then the Board shall (f.ve the Co-pany written notice of such deficiencies or default$ and a reasonable time within which the Company shall remedy the same, which notice shall spoOlfy'the deficiency or default. If the Company fails to remedy such deficiency cr default within the time required by the notice from the Board, the Poard mats' thoreaf ter schedule a hoarinf, concerning the steno with reasonable notice thereof to the Company and after such hearing at which all interested parties shall be heard, the Hoard may further limit or R M restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons thereby are found by �the Board. It the Board enters order purusant to ouch hearing and the Company or any other person fools arf•rieved by such order, the utility or such other person may seek review of the roardto action by proceedings in the Circuit Court of the County. SFCTIOU 20 Any person unine, In normal average consumption more than 100,000 Callons of water per day shall not be required to deal with the Company but any such water user shall be at liberty to secure its water from such source or sources as it miCht desire. This franchise 9)r'all exempt and except therefrom any public agency producing water for resale at wholesale. Nothine In this franchise aball prevent landowners to exercise their vested r1jhts to pump water for their own I use nor- shall ttia riparian and other water riPhtl of landowners be in any way Im- pnlred#,roduced or affected by vtrture or this franchise. This fran- chise shall not llml,t or restrict any person now or herenCter owning or occupying any promises now serviced with water frcm continuing to receive such services and purchase waterfrom any person, provided, however, if ouch owner or occupant request$ services and purchases water from the Company, then the provisions of this franchise ahall apply to such owner or occupant or the land Involved arv.1 the above rights with respect to such owner or occupant shall cease RrXI terminate. Thin franchiae shall not affect, limit or restrict the rights or In privileges an set forth and contalned/any license issued to any utility heretofore Granted by the Board PurOut"t to Section 125.112, Florida Statute** The franchise and rilhts horoln grantod shall take effect and be it, force from and after the time of the adoption of thin resolu- tion by the Board and shall continue it) force and effect for a term of forty years after such adoption; provided, however, that within sixty days from the time of the adoption of this resolution, the Company shall file with the P.oard its written acceptance of this fran- chinc) and all of its terms and conditions and provide further that If such acceptance In not filed within the time specified, then the pro- visions of this franchise shall be null and void, 40 4b SECTION 22 If any word, section, clause or part of this rOsOlutil)n is hold Invalid, such portion shall be deemed a separate and independent part and the sane shall not invalidate the remnindor. IN WITNESS W-1:1thOPt the ronrd of County Cortiminaloners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Poard of County Comi3sioners, and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the day of A.D. , 1960. Sirned, sealed and delivered In the presence of: COUNTY OF INDIAN IMTH, FWJDA County conmln3ioncra Attest: —CZter_ �— I ACCEPTANCE OF PRANCTIM GENERAL DEVELOPMENT UTILITIES, INC., a Florida corporation, does hereby accept the foregoing franchise and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions, and provisions therein set forth and contAlned. H1--*jF14(. b)j (I C PATk,D at ltvfro-Vett h, Indian-Iliver County, Florida, this 1�0, Jay or ,/5-,`L —0 A.D., -ig6o. (Corpor ato Seal) overotary S11'rind, eases led and delivered In the PrDfietre ntv lee STATY OF FL4D1lIDA COUNTY OV IbMAH hivul) w,.Ni,,HAL DTWkL0V-T!11T UTILITIES, INC. . * —Z Y, t a— mr-Ace-nA I an or'ficar authorized to take acknow1oklirients of deeds, according to the laws or the State of Florlda, dcly quaJifted and acting; hereby certify that F. E. izV;hU;, Jk. and L. J. KACK11,, rospectIvoly as President and secretary or General Development Utilities, Incorporated, a Florida corporation, to ins personally known, this day acknowledl:,ed before vie that they executed the foret-,oinG Acceptance of Franchise, as such officers of said cor- poration, and they affixed thcreto the offtelal seal of quid corporation for and as the official act of said corporation. IN WIC t SS&MOF 0 ve horounto sot my hand and official acral at IndII6-j=r County, Florida, this _/Z_day of A.D., 196o. 46 aary 1v lAc, 1) My Commit$ an I -P to& Joly 13, 1963 0.—.4 0, .-- 0. 4 C.... tc (Seal)