HomeMy WebLinkAbout1966-034RESOLUTION
-,:O. GO- s4
WHEREAS, Russell Rums tism requested tin extension of an exc!L�11,,
franchise for the delivery atO art, %,Ice of Sewer awl %Vatmr S,�rvlces In
Indian River County, and
W11IMPAS, the extension hereby suparcede* and cancels th,�
franchise held by Russell Burk* recorded In Uw* 7, P4,je S32" filed J,n�
1965, with the Clerk of Indian River County, Plorlds.
BE IT RESOLVED By the &*rd of County Cornmtsstuners of Indian
River County, Florida:
SRMON I
This rosolutton ohAJI be known and may teat cited #0 the "Russel I PUT"'n,
Water sod Sewer Promh1mot."
For the purpose of thts Resolution, the following terata, rhrasei.
words and their dettvitttvnit *411 have the tree itninq given herein, IV!i n
n�)t Inconttstaot with the context, words us in,; the present terms
future: wordo In th,a plural number include the alw(War and vice vorso
word "Shall to always mandatory.
(8) -County" to Indian River County, 0 political subdivision "! "I
State of Plortdc
(b) "Cctripany' is the Gorantoo of the rights under this fr4achtq %
that Is, Russell Burks:
(c) "Poard" Is the Board rpt County Comm( a a toners of the Q)uwy.
(d) "Person" to any person, Orm, partnership, association,
corporatton,company or orgentz*tlon of any kind,
(e) "Territory" means the area located in Indian River County,
P'lurida, outaide the corix)rsta Ituitts of any municipality as Ovm 40 me H
more particularly defined and described herein.
6OOK 9 PACE 705
LOY01*LL, V~ ► Un'CUM, AVIVO" t.*( iAW, WW MAC". MAI"
(f) "Water System" Shall mean and InclUd" any rC#I—q1Art�,
attachments, fixtures, Impounded water, water main". laterals,
if
metere, plant, wells, pipes, tanks, reservoirs, fire hydranto,
facility or other property, real or rsonal, kisexi or woeful or Navin"" !h -
present capacity for future use In connection with the obtatnini, treatment
supplying and distribution of water to The nubile for human coniumrdon,
fire protection, Irrigation, Consumprion by business or industry AM
limiting the generality of the foregoing. shall embrace all necessary
appurtenances And equipment and &hill I Include All property, rights.
easements and fr&whitea ralatlnA to Any such syl(anl And deemo*d
or convenient for the operation thereof.
e.
(j) "Sower Syttem" to any plant. system, (actilty or property
or useful or having the present capacity for the totury use In connecti-n
-tth the collection, treatment, purtfIc#tIon or disposal of sews, e 8-1
oiwa,4e effluent And residue for the 1,,ublIc and wlrhzmt linnitin! tht
tf the fore'Awng defInItIvn oholl embrace #:reatmem planta. i'umpin t 'ua,t
intercepting sewers, pressure litres, mains, tat0f*18 And 411 n0ceisft,'V
appurtItTences And equipment ami 4h*I1 All property rilhti, ease-
mento and franchise* relatin,4 to any auch system and deemed necessary ter
convenient for the operation thereat.
sl?(1111014 3
There Is hereby gramed by the County to the Company the exclusive
traty-Man, right and privilege to erect, construct, op",atte and maintain a
water syw,em and a sewer system either or both within the prescribed
territory an herein provided and for these purpooes to sell and dIqrrttVttc
water and to collect and dispose of sewago within the terrhory and for !hen -
purposes to establish the necessary facllittcx anti equipment and to lav ane.1
maintain the necessary lines, pipes, rnaino and other apportendnct-ft
necessary therefor in, alonq, under and acrona the public alleys,
roads, highways and other public places of the County: provided, howo,
that the County reserves the right to permit the use of such public 1Ic,tj
MITOW11, UMP & MITC11%L17 aTTOalAYS AT LAW, WRO &fAl,H, f%PAIN�
S E P 71966 MOK 9 rA� 706
for any and all other lawful purIvacta and sul,jmn always to thy! I,nrarwjunt
right of the public In and to #uch public pincea.
SPOT ION 4
'Me territory In which this franchise Shalt ter aI)PIIrAhkN to Alt
that part of Indian River County, 11lorlda. located withtn cho ((Allowtn!
described b<wndat v line*, to -wit;
All of Soction It And 22, and till of that Dart of
Section 23 IvtnA Went of 0. S. tilqhway 1: all or
the Not th 1/4 of Section 26 lying Wv4t of U,
lliv,hway 1: all of the North 1/4 of St*cio,n 27
and tho North 1/4 ofSection 23, oil In Town,4114)
32 south, Ptn,4e 39 ti',att, Indian River Cuwl!ly,
rlOrtda.
Sf,' MON S
Tare Company Altall at all tjnuwjktt,tnA the lift! of thin fraricht t,�
be sub)t-,ct to all lo**Iul exercise A the police power And re-,lulatory
authority of the County " ti> such regulation its the County shall horeafr,�r
by resolution provide.
SECTION 6
it to expressly understood and sigread by And between the CWTOM'
and the County that tho Curnpor)y OhSH save the Omnly and members of h.,
Board harmless from Any to** sustained by the County On 1KCoUnr of anv
suit, judgment, execution, claire or demand whstaumvar resultini, from
ritgItgonces on the part of the Company In thrc ttrovtrs otit is, ort=rotton or
maintenance under the terms of this fronchiai Me 1,4rriet. agro!e that in
the construction of this section, the claim of any person reaulttni from
negligence on the part of the Company may be proisecoted directly by such
person agalneE the Ojmpany as if no governmental Immunity Accruer! to the
County by virtuou of the Company's use of a public place of they County.
County shall notify the Company promptly after presentation of any claim or
demand.
SECTION 7
The Company shalt maintain and ojwrarej its plant and system
and render efficient service In accordance with the rules and regulation -,4
"MMLL. Pwp L Mirottil- ArTO*NLYS AY LAW, V"O 1104", fll',Ai(A
anon t 70 7
w tu
aL
for any and all other lawful purIvacta and sul,jmn always to thy! I,nrarwjunt
right of the public In and to #uch public pincea.
SPOT ION 4
'Me territory In which this franchise Shalt ter aI)PIIrAhkN to Alt
that part of Indian River County, 11lorlda. located withtn cho ((Allowtn!
described b<wndat v line*, to -wit;
All of Soction It And 22, and till of that Dart of
Section 23 IvtnA Went of 0. S. tilqhway 1: all or
the Not th 1/4 of Section 26 lying Wv4t of U,
lliv,hway 1: all of the North 1/4 of St*cio,n 27
and tho North 1/4 ofSection 23, oil In Town,4114)
32 south, Ptn,4e 39 ti',att, Indian River Cuwl!ly,
rlOrtda.
Sf,' MON S
Tare Company Altall at all tjnuwjktt,tnA the lift! of thin fraricht t,�
be sub)t-,ct to all lo**Iul exercise A the police power And re-,lulatory
authority of the County " ti> such regulation its the County shall horeafr,�r
by resolution provide.
SECTION 6
it to expressly understood and sigread by And between the CWTOM'
and the County that tho Curnpor)y OhSH save the Omnly and members of h.,
Board harmless from Any to** sustained by the County On 1KCoUnr of anv
suit, judgment, execution, claire or demand whstaumvar resultini, from
ritgItgonces on the part of the Company In thrc ttrovtrs otit is, ort=rotton or
maintenance under the terms of this fronchiai Me 1,4rriet. agro!e that in
the construction of this section, the claim of any person reaulttni from
negligence on the part of the Company may be proisecoted directly by such
person agalneE the Ojmpany as if no governmental Immunity Accruer! to the
County by virtuou of the Company's use of a public place of they County.
County shall notify the Company promptly after presentation of any claim or
demand.
SECTION 7
The Company shalt maintain and ojwrarej its plant and system
and render efficient service In accordance with the rules and regulation -,4
"MMLL. Pwp L Mirottil- ArTO*NLYS AY LAW, V"O 1104", fll',Ai(A
anon t 70 7
w tu
eko arc or may be met forth by the Board from !tme to time. The rt;Z11t
hereby reserved to the County to adopt, in addition to the provisions h
contained and extattnq applicable resolutions or taws, such addttlonfl'
regulations as it "h8li (Ind nm-essary in the exercleto of the P)HcO
lawful authority vested in said County, provided that such reAulattonq
bo reasonable and nix in conflict with the righter ht, and
��ratjmi not in
conflict with the laves of the State of Plorlda. The County shall have
rIt'ht to 8 uperv,se all construction or tngttallation work performed and
make such inspection as it shall find neceststry to insure- coMPIlance wi*'
goverriitt requiattons. tjpon thet termination tit thia franchise, the Compan"
gram to the County the rljht at the election of the Ck)A,in(v and
(.,f an amount as hereinafter provided to jxitchale> And take ov,,- the" r,,"
t
of the company. u! namount to he ,#Id by the Cwnty to the k;OMPSOY shall
I
be the actual then extating value of all toot and tan -xible personal provporty of
the Company. In the event any I art or all of the cod territory �)verby this
franchise shalt ?se hereinafter incorporated in the limit* of sev municipal'
J
at the State of Plortdo. then In such event the COMPSAY
Nese, sasarAroof
the consideration of the %r#ntIftT of this franchise that 8414 muntcIP811tv t
herewith granted the rt4ht, Tower and suchortty to Acquire Oil the
agents and factittleA of the Company used In Its services under thli tt Anchl
Tho amount to be paid by the city to the Company shall be determlneti
the low of the State of Plort4s provided In eminent (1001,41,11 VrOcOctUll'"
SFCTION a
All the facilities k,)( the Company shall be coristrUCt"d Only In
accorderwn witf, glans and specilles(tWis 3T)PrOvtd by the State 13�)al'd #')(
Health of the State of Florida and the quantity and quality of water dolivereA,
and sold and the matin err of Collection and dlaj�oaal of dewd'(0 shall at All
times be and remain not Interior to the rules, roolationa and atandat-As n-,,
or ht:reafter adopted by tile State Board of Health, nt,, Company liheil
all water through meters which shall accurately 1-nessuret the amount _! -r--
supplied to any consumer. The Company shall at any time when request tl
.4-
MITOULL. Sf~ & MIT MU- ATtOR"An AT LAW, vrvto Of -H. IVAIDA
SEP 710 CJODK 9 PACA
j
a consumer make a test of the accuracy of any meter: prior, however. !0 nnv
teat ting rDade by the Company. the party requestivitt such test shall
with the COT-ripany the sum of Rive 11ollars ($5, CO. Such sum "'loll r,. --
turned It the teat show* (tie meter to tw Inaccurate in its (jeltvvry of mora
than 3);. Whenever it to necessary to shut off or interrupt services for the
purpose of makinst rorAtrs or Installations, Old COMPAnY 44h8II do 80 at
time
oil will csu#u the least amount of inconvenience to tts conju ter.
tesn Ruch rcpalrs are unforeseen AM itrimedtatoly ne"Ces4st-Y', if. !)hall
reason -Able notice thereof of Im consumers.
S F C -T' I ON 9
a,'lite (ornt,*ny shall have th
0 authority to promukAto such r
replattons. terms orki ct,rwiltions ctwerin; the conduct of Its bultne'sq
shall be resso"Ahte rwecea',ArY to enable the C-,)mP*AY to a"A"ciat (!',4 1"
11 and ptrforto its obIl zallons 'JI-Aier this franchise, and to t atie an imtnter,-*,---'
pervire to arch and 411 of its coaqumar*; provided, howavtr, that %UCh i,
re,;uIatt,,>n*, tenni and conditions shall not be in conflict with the ;'tov I
hereof or with the lowo of the State of Florida sod all of the sanI. shall
subject to the approval of the Board,
b, At all time* herein where discretionary rowoir is left with th-
�Io4rd or County Commissioner#, the Company, Worn discretionary sc-tl:-i
1-i tak(�n by the Board of County COMMIG410"Otf, can request said Board !Wir
a group of arbitrators be appointed and such group shall con4tw ot
1. County 'F.ngineer
2. Company HwAlneer
j 3, one person selected by the two above two persona and this
19oard of Arbitrators shall make recommendarlon4 to the Board of County
Con-imistiloners Nit such relCuMMOrKlarturts And "Ot mandatory.
Any final decloton the arbitrators or Board may have, with re,4r.4,-c-,
i to this frartchtne cart ha appealed to the Circuit Court of Indlun River County
by either Varxy.
SLICTION in
All pipes, inaltis, hydrants, valves atxl other fixtures told or
placed by the Company shall be so located in the public places in the County
MITC44 a '
111. AMMM" AY LAW, VMO 01ACH, fLOMM
7 1966 no eau
as not to obstruct or interfere with any other uses made of such puthile
'i
placen already installe(l, Tba Company shall whenever practicable avoid
interfarinq with the use of any street, alley or other highway where th -
paving or surface of the some wuuld be diottirbod, In case of nng, MAtUP", AtV-
of pavement, %idewalk, 6riveway or other surfactwit, the Company iiiall
It's Own cost and ext nae end In a manner approved by the County
replace and restore 411 such surface so disturbed Lat good condition CA
before said work was Pommerv.mj stvi 0411 maintain the redtorattt)n in an
approved condition for a period of one year, In the event that any tines the
County shall lawfully elect to-alter or change the grade of or relocate or
widtn or other-wise change any such public way, the Company shall, uN-1
reasonable nutlet by the County. rernovo, rolAy AM relocate' its flxtur(�.,i
Ito Own exPen,40, The Company shall not locate any of its facilities n,,r
constructitm which would cre,ma any obstrUC00414 or coniIttlona, which ar!
MAY bworriedtaqorous to the trayello; public, to the event any such
place under or upon which the Company Dail have located Ito (Acilittr4
be closed, obtindoridd, vatnitad or disco"rinuej. s.he door(I triav
easevnent or license rt the Company thereto, provided, however, in h-
of this termination of eanoment. the Vernon requasl1nx such r,-rrnt"4ru)n qiinw
pay to the Company, In advance, Its toot* of re mov#1 and re)ocstlun of t",
removed facilities In order to continue its service as theretofore extsrin
or the County ojhsll retain an e#sm rrjt,nt not lea* than (en feet in width ti h
benefit of the Company and its facilities,
SECTION I I
The Company shall not an to rater, ctlarges, service t&cljttj,!,4'
rules, regulations or In any other respect make or grant any preference ot-
advantago to any person nur oubjec( any Merron to any prejudice or dla-
advantage, provided that nothing herein shall Prohlbir the establishme"•
graduated tic"le of chargetj and clunnifled rate schedule to which any con—i�"-
corning within Such clamolficatton would I'm entitled,
SEGNON 12
a. The Company shall furnish, supply, install onci r)rjakn avatinllir
PAIM11M. $14A" & MkjCttjLL, ;T;T;1%f41VS At LAW, Mo OtACII, rLkAJDA
kEp 7 19ffi BOOK 9 mu 710
its public vistvt, svotem and its public sower system to any and all , ,r - ,
within the territory makin; derriand, therefor. and shall provtdtt such
tnandinj person with its services and facilities within one vear from *:r, : 4
of such demand: provided, however, that tho ["rd may, upon applies '.
of the Company, extend the time for providing such service to such
Ing person, In the event they Company falls to provide its OCT"V(Ces alul
facilities either so to A water Ayltem or sewer myotem or toth to anv ur,.,a
within the territory within the time provided, then In much eyvnt the
may by resolution of the "rd limit, restrict ami coriftn-e th» t»rrP:jry
that area then bein; serviced by both water 4M sower by the Company
such greater area as the Board shall datertntna and thereoftor the torrtror.*
shall b-.- the only arra set forth, defined and provided by the Boord at" the
provision of this franchises shall not P-Atetut bovond the limits of the -Itrea
so restricted and defined.
b. The Company shall not Ni required to furnish, outprily, !natal.! a^ !
maka available its pmhtic water system or its ptibite sewer %ysreM ,r
to any 1,ersf,)n within the terrl!l,)ry an 11,±rotnafter opt forth. int-ov the
m#V I!),- dune at nuch # coast to thea Company as shad utak,- rhot addItton
Posed, fiftonrNitly AM jhyolcally fettathlo, VtnancittIly foaqildl- ihall m�rin
that with 0 fair AtA reissonable roto to b4 charged by the Cornpany for 411
service* unrlor NO franchise, nat 4uch rates will produce it,) the Company a
surer sufficient to moot oil necessary coots tj th,3 serviced: jncludjrj�,, it fair
rate of return on the net valuation of Its property devoted theret4,i, onds-r
efficient and economical management, 'Ilia burden of bhowinq that a
MPM�.Vd derVICe to the area to not financially feasible shall be the 'tord ,n ,,'
the Company.
SECTION 13
Tho Company shall not sell or transfer Its plant or avatern to arot-�:
nor transfer any rights under this franchise to another without tho appro,%,,,j
of the Board and provided, further, that no such note or transfer after sues
I approval shall be effective until the vendee, assignee or leasee hag rti,-o
.6-
MjYCtVkk, UJA" & MjjC0ftt, ATTDIM&YS At LAW, VtAO W4", fLDAIDA
S
EES 71966 603 t.4t711
E -3
the Board an Instrument in writing reciting tho fact of such transfer and
Ing the terms of thin franchise and ap(reettiv to perform all of the con -
tions thereof, in any event thin franchise malt not be transferrable iH
'�asstgosbla until notice or request for transfer and #*#is, meet shall be
ty the Company to the Board In writing, accompanied by a request from !h -
mo n W I
propont-d transferee, which application shall contain tn(Or ttO CO
the financlal status snot other qualifications taf the proposed transferee dn41 31;cll
other Information an the &AH may reqkitret, A public hesrinr shall be hold
,on such 1equetij ()f which notice shallZv.. given by publication in a newsrarr
regularly 1kjbllshed In the County at least one time not more than Ons MOW"
ror less than Line w"k proceeding such hearing. Certified proof of pubItcati-r
of such notice slisit be filed with the Board. !'laid hearini may there, M-° !1
i
contljjut�d from tithe to time as (leterm)n-1 by the rd, the Ri,Ard wd',
'I
:however. approve or disapprove said sale or transfer within ninety (9r)
i
�:frorn the data of sold pjbltc hearing, The consent by the Board to tiny aq�! r. -
!I
mens of this franchise shall trot unreasonably be withheld.
snCTION14
11it, rates charveM by the Company for its service hereunder shell
fair and rtasonabl" and designed to meet All wessary coots of the s rF
Inrlw1ing d (air rate of raturo on this not valuation of Im rropertlet dktv,):
thereto �irv)er efficient and economical management, 'Me Company aln', .•,,
lthat it shall " subject to sit authority now or hereafter possesned by tho
lCounty (it any other ragolatory body having competent jurtod!-.tton to fix wi%
11 reasonable and compensatory rates. When this franchise takes effect, !'I,-
J Company Shall have authority to charge and collect not to exceed the fullOMI-1,
schedule of rates, which #hall remain effective until changed or modified An
herein provided, to -wit;
11 First 3,0(X) gallons $3. W Mini rnum per month
Ail over 3,000 gallons 0 the rate of SU per IM)() gallons.
-7-
MITOKLf- O"P L MITCMiL. ATICAMO AT LAW, VM 4M04, FLOA10A
7
1,3166 12
1
e '
WATMA CONNECTtON CIIAROPS
Connection charge nhall be $165, 00 plus the belowSchmiulm,
Meter St7e I 'Refundable Derx.sl'
5/8'. 6.5.00
I Inch 115,00 31). C0
l -l/2-' 210,00 60, VY!
•i 2" and over Cost but not leso than $100, M
Iketundable deposit on 2 Inch meters am] over $100.00
Turn Un nervine S I , 00
Reconnection charge where servlce3 was termitulted for non-pAymcnt
monthiv chari,!e , 2. fit)
MON'MLY SEWER RATES
Single Faml1v dwelling;
One bathriw)m $ 3.0!y flat rate
Fach additional hathro<,)m t. t; flat rate
75.T of wafer rate
In addition, tor persoins other thin persons usin; private
septic tanks excepted, a sower service cGrtw tlun charge fit $1 (41 3, it !I -
required for service to the property line for each coonecritw
initial connection,
SECTION I
The County shall have accea#t at all i axonabla hwro to all of Yh,,
Company's pltn&, contracts, engineerin,4 data, occountlw4, (Inancial.
statlArical, consurnar and servica records relating to the property and the
ti
oper atton of the Company and to oil other records, requital tot ke-P, r n -r— -
under, and It shall file such accounting reports and data with the roAln-v "l,
el required.
SRCTIQN 16
The Company shall at nit t1trien 1"altirsin jAjbIlc liability and propert-.,
darnage Insurance to ntich amounts as shall t," required from Hine to tir-,
the Board In accordance with qoW boolness practices as determined bv,jnf-.-
buafwetja ntandarda an entabilohed by the Board for the prorection of rhe
and the generst public and for any liability which may reduit frorn Any actior
of the Company. If any portion sorviced by the Company otldk4r thltl
complains to the Board concerning rates, charges and/or operations of -,i w.
utility and the Company, after request to moda upon it by the Board. (sill tv
natinty or remedy nuch complaints or objections or fails to satig(v the 11(vrd
MITCMUt WAAP & MITCWU, ATMWA" AT LAW, WRO 4EM14. f"MIDA
E P 7 1966 "PA a n-,,
that acid complaint or objection In not proper. the Board may thereupon.
after due notice to such utility, f6cheduto a hearing concerniwz sues comn!avv
or objection and the NAM may review thin rates and charges set acus carra.
-
by the Company for the cervices which it (ut nishea or the nature and
Character of the nervice It furtitahea or the quality or services furnls!. -('
It the Board enters its order pursuant to such a heartw4 and the Comran�
feels It to oizgriovod by such order, the Company may seek review of ,ht,
Soard's action by proceadin-as In the Circuit court of the Cutmry:
The CUMPOnY 811611 11romptly comply with the carder of the PWv*r&
SRCTtON il
Should the ComfAny deetre to establish xows -r tateo aml char rs
should the Company desire to irv.,rrase any charvi-o heretofore e4,sbl1,,jhed
and approved by the Board, then the Company shall notify the Board In
writing, settliq forth A, schedule of rates and charges which It proposes. ii
p,thitc hearing shall be held on o request, of which notice shalt be Aven
by Publication In a newspaper regularly published In said Countv or least oma
Tithe not more than one month not less than erne week prftrf41nt such fres t
Certifled proof of r�sbltcstlon of such n(Atco shall be filed with the R=xare.
Sold hearing may thereafter be continued Froin time to time a's &lrormine"l
by the Board. 'Chat Board will, however. approve or dIsApprovesald In-
crease In rate# within ninety (9 0) days of sold public heartnq, if the Board
enters order pursuant to such hearing #ad the Company or any perion tq
agorleved by such order, then the Company or ouch perso" may seek
of the Board's action by procoodings in the Circuit Court of the Countv.
SPCTION to
Prior to the Company placing any of Its facilities In onv of the pohltc
places as herein authorized, the Company shall make application it) a.,I(!
obtain a,permlt from the County engineer authorizing said conqtructlon in
the same manner As permits are authorized In the County for the use of 011e
public roads no shall now or hereafter be establinhed by rv.Matlona of the
County. The County shall have the right when speTIal circumstances exist
to determine the time In which Ouch cpnstruction shall he done.
-9-
MITCHM. WARP & MiTC19U, ATTORUM AT LAW, VVRO DfACkt WMUN
�F'p 719% BOOK mi. 714
1 SPICTION 19
l
It the Company reit$ or refuse* to promptly snd faithfully ket ;..
perform anti abide by each and all of the terms and conditions of tuts
aj fralichime, than the Board shall vivo the Com1uny written nonce Asf auc�i
t deficiencies or defaults arKI a reaso0able time within which the Compativ
shall remedy the some, which notice shall specify the deficiency or Liefault.
If the Company foil$ to remedy sucl� deficiency or default within the flrr `
required by the notice from the 110ard, the 4o$rd may tht+reafter sch -dvl•
hearin4 concernin- the $al1w with reasonable notice there-of to the Cczr t :f:
and after such hoar'imt at which ail interested r4rtteo at-tall he het#rd. *"r
i
Roard rnav furmer limit or restrict this franchise or may tarmirat
'3 catwel the same Io whole or in p4irt If proper reasons herelty A .
rrie &,Ard, if the Bard enters order pursuant to such hesrir
or any other person fools agiolesfed by such Larder, the utit,ty tsr
person may Peak review of the & rd`s action by proceedln;is in th
l Court of the Cc,,ocney.
SCT1CJN 20
Any person usln in normal Overs'44 conoumfstt"On more fh+tn !'
-4alluns of water per day shall not tae, required to deal with rht C" 4m,"uny -"t
any stjch water user shall be at liberty to secure its water ft0m %tXh
sourcen as it tnti4lit desire. Tutsi frsnchlsa shall oxotnpt $rut e+tc•Vt hy,cp,
from any public o,;ency productinq water for rasal x at wholesale, tin �t a
In this franchise: shall provesnt landowners to es=,erci kf th:111 fcJ t -tit f
to rump water for their own use nor shall the riporlan smi tither wstar t i , ,• .
tit landowners be in any way Impaired, reduced or affected by vtrture of th i
franchisee. 'chin franchise shall not limit or restrict any person now or hsrQ—
after owning or oc:cupylw4 any promises now serviced with water from con-
tinuing to recelve ouch $cervices and purchase water from any person, :,ru-
Mad, however, if such owner or occupant requests 002-vic-4 and
water from the Curnt>trny, the this provtrstk)un of this franchise shall a i ly
to ouch owner or occupant or tho land Involved and the shove 1`1�411ts evil'.
respect to such owner or occupant shall cease and terminate. `eta fr•anchlmi
e
kiIMULL, }ltAAF` a UltCHBU, AVTOAM" ler LAW, VM YFACH, fL*SPA •.
SEP 7 1966 ktix 9 Pw 715
shall not affect, limit or restrict the rights or privilectes as aot forth ;ir i
contained in any licenaa Issued to any utility heretofore granted by the a_
purtwent to Section 125, 42, V loridu Statutes.
SII.C'C1'tON 21
'cite eranchtaa and rights herein granted shall tatkat effect and be it
force from and after the time of the adoption of this resolution by the Zjraar+d
and :shall continue in force encs offect for aw term of forty year,; after m=ete
ddoptlon, provided, however, that within sixty days from the airs., of •, ,, %
of this resolution, the Cumpeny shall file with the &', sAr i its wrt,tQn Act.
of this franchise and ail of its terms and condittons and provide further
If such acceptance is not filed within the time specified, than the ;res>tsit�n
of this franchise shell null and void..
SI. ION 22
If any word, section, clause or part of this r000nrirrn is held In-
valid, such portion shall be deemed a separate and todependuttt f,4rt aav3 testi
same shall wx invalidate the remainder,
IN WMVISS W ii iii;OP. that Board of Gt .inty CommWitoners , f
Indian River County, p'lorlds,. has caused this irsnchiae to he e4eet.at
name of the County of Indian diver by that Chairman of tho Board of C,vnt�e
i
A
Cummisalwwrs, and its seat to be affixed and attested by Its Cierk. ;ill
ptrrtmant to the resoigtton of the Hoard of County Corn miss ione rs adai ft=a i
3
c7tt the flay of Ct A. 1 1966.
Signed. Rented drat doltvered'
In the presence of:
5 Q
COUNTY ills INDIAN RlVtTit, Ft.0P'1V.
1
,r
By,
County t`c�rnmiaatuasx=�r��=
Attest:
U rr t
MITCHIM, SUMP 6 MITCHW, ATTORMYS AT 4AW, 4f%0 MACH, FLUM(M
U) 1 1966 nrnt oit f_A6