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HomeMy WebLinkAbout1969-002Upon a MoCion made by Commissioner Bogosian, seconded by Commissioner McCullers, the following Resolution was unanimously adopted: RESOLUTION 69-2 WHEREAS, Urban Development Utilities, Inc. has requested an extension of an exclusive franchise for the delivery and service of Sewer and Water Services in Indian River County, and WHEREAS, the extension hereby supercedes and cancels the previou franchise held by Russell Burks recorded in the Minute Book of the Board of County Commissioners of Indian River County, Florida, Book 9, Page 705, dated September 7, 1966. BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 This resolution shall be known and may be cited as the "Urban Development Utilities, Inc. Water and Sewer Franchise. " CST Ir'PTn A7 n For the purpose of this Resolution, the following terms, phrases, words and their deriviations 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 political subdivision of the State of Florida. (b) "Company" is the Grantee of the rights under this franchise, that is, Urban Development Utilities, Inc. (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. (e) "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 rearestate, 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 i present capacity for future use in connection with the obtaining, treatment, 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 foregoingshall embrace all necessary appurtenances and equipment and shall include all property, rights, j easements and franchises relating to any such system and deemed necessary ' or convenient for the operation thereof. j (g) "Sewer System" is any plant, system, facility or property used j or useful or having the present capacity for the future use in connection :f with the collection, treatment, purification or disposal of sewage and •I sewage effluent and residue for the public and without limiting the generality ; of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals and all necessary appurtenences and equipment and shall inewde all property rights, ease- ments and franchises relating to any such system and deemed necessary or convenient for the operation thereof. SEr.:'r,&ON 3 There is hereby granted by the County to the Company the exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and a sewer system either or both within the prescribed territory as herein provided and for these purposes to sell and distribute water and to collect and dispose of sewacgre within the territory and for these purposes to establish the necessary facilities and equipment and to lay and I maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, alun, under and across the: public alleys, streets. I i roads, highways and other public places of the County: provided, however, that the County reserves the right to permit the use of such public places n_ for any and all other lawful purposes and subject always to the paramount right of the public in and to such public places. SECTION 4 The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary liners, to -wit; All of Section 21 and 22, and all of that part of Section 23 lying Wast of U. S. Highway 1; all of the North 1/4 of Section 26 lying gest of U. S. Highway 1; all of the North 1/4 of Section 27 and the North 1/4 of Section 28, all in Township 32 South, Range 39 East, Indian River County, Florida. SECTION S The Company shall at all timesduring the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. S ECTION 6 It is expressly understood and agreed by and between the 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, judgment, execution, claim or demand whatsoever resulting from negllbences on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence 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 virtues of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demand. SECTION 7 The Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations MITCa. as are or may be set forth by tho Board 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, such additional regulations 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 termination of this franchise, the Company grants to the County the right at the election of the County and upon payment of an amount as hereinafter provided to purchase and take over the property of the company. The amount to be paid by the County to the Company 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 incorporated in the limits of any municipality of the State of Florida, then in such event the Company agrees as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and authority to acquire all the property, assets and facilities of the Company used in its services under this franchise. The amount to be paid by the city to the Company shall be determined under the law of the State of Florida provided in eminent domain proceedings. SECTION B All the facilities of the Company shall be constructed only in accordance with plans and specifications approved by the State Board of Health of the State of Florida and the quantity and quality of water delivered and sold and the manner_ if collection and disposal of sewage shall at all times be and remain not inferior to the rules, regulations and standards now or hereafter adopted by the State Board of Health. The Company shall supply all water through meters which shall accurately measure the amount of water supplied to any consumer. The Company shall at any time when requested by a consumer make a test of the accuracy of any meter; prior, however, to any test being made by the Company, the party requesting such test shall deposit with the Company the sum of Five Dollars ($S. 00). Such sum shall be re- turned if the test shows the meter to be inaccurate in its delivery of more than 3170. Whenever it is necessary to shut off or interrupt services for the purpose of making repairs or installations, the Company shall do so at such time as will cause the least amount of inconvenience to its consumers and un- less such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof of its consumers. SECTION 9 a. The Company shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of Its business as shall be reasonable necessary to enable the Company to exercise its rights and perform its obligations under this franchise, and to irsue an uninterrupted service to such and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. b. At all times herein where discretionary power is left with the Board of County Commissioners, the Company, before discretionary action is taken by the Board of County Commissioners, can request said Board that a group of arbitrators be appointed and such group shall consist of: 1. County Engineer 2. Company Engineer 3. One person selected by the two above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise can be appealed to the Circuit Court of Indian River County by either party. crarrr•rn*r i n All pipes, mains, hydrants, valves and other fixtures laid or placed by the Company shall be so located in the public places in the County -4 a ii as not to obstruct or interfere with any other uses made of such public places already installed. The Company shall whenever practicable avoid j interfering, with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In cane of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall at Its own coat and expense and in a manner approved by the County Enl;ineorg, replace and restore all such 4rface 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 after or change the grade 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. Th© Company shall not locate any of its facilities nor do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling, public. In the event any such public place under or upon which the Company Ji all have located its facilities shall be closed, abandoned, vacated or discontinutid, the Board may terminate such casement or license of the Company thereto, provided, however, in the event of this termination of casement, the person requesting 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 existing, or the County shall retain an casement not less than ten feat in width for the benefit of the Company and its facilities. SECTION 11 The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respect make or arrant any preference or advantage to any person nor subject any person to any prejudice or dis- advantage, provided that nothins, herein shall prohibit the establishment of a graduated scale; of charges and classified rate schedule to which any consume,, coming within ouch classification would be entitled. SECTION 12 a. 'rho Company shall furnish, supply, install and make availeablo MITCHELL, SHARP & MITCHELL. ATTORNEYS AT LAW, VERO BEACH, FLORIDA Its public water system and its public sewer system to any and all persons within the territory makin.; demand, therefor, and shall provide such de- manding person with its services and facilities within one year from the date of such demand; provided, however, that the Board may, upon application of the Company, extend the time for providing such service to such demand- ing 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 territory within the time provided, then in such event the County may by resolution of the Board limit, restrict and confine the territory to that area than being serviced by both water and sewer by the Company or such greater area as the Board shall determine and thereafter 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, install and maize available its public water system or its public sewer system or both to any person within the territory as hereinafter set forth, unless the same may be done at such a cost to the Company as shall make the addition pro- posed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Company for all the services under this franchise. That such rate will produce to the Company a sum sufficient to meet all necessary costs cf the services; including a fair rate of return on the net valuation of its property devoted thereto, under efficient and economical management. The burden of showing that a pro- sperV �ve service to the area is not financially feasible shall be the burden of the Company. SECTION 13 The Company shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without the approval of the Board and provided, further, that no such sale or transfer after such approval shall ba effective until the vendee, assignee or leasee has filed -6- ATTC ith the Board an instrument in writing reciting; the fact of such transfer and accepting the terms of this franchise and agrecinc; to perform all of the con- ditions thereof,. In any event this franchise shall not be transferrable and issignablez until notice or request for transfer and ass meat shall be given � I)y the Company to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such Information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publication in a newspaper relrularly published in the County at least one time not more than one month nor less than one week pracecdin3 such hearing. Certified proof of publication of such notice shall be file with the Board. Said hearing may thereafter be continued from titnje to time as determined by the Board. The Board will, however, approve or disapprove said sale or transfer within ninety (90) days- from aysfrom the date of said public hearing. The consent by the Hoard to any assign - anent of this franchise shall not unreasonably be withheld. SECTION 14 The rates charged by the Company for its service hereunder shall be fair and reasonable and desismed to meet all necessary costs of the service. including a fair rate of return on the net valuation of its properties devoted thereto under efficient and 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 having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and cullect not to exceed the following schedule of rates, which shall remain effective until changed or modified as herein provided, to -wit; First 3, 000 gallons All over 3, 000 gallons o7.. $3.00 Minimum per month the rate of 500 per 1000 gallons. WATER CONNECTION CHARGES Connection charge shall be $165.00 plus the below schedule. Meter Size Ta_ ppin'-T Fee Refundable Deposit 5/8" $ 65.00 $ 15.00 1 inch 115.00 30.00 1-1/2" 210.00 60.00 2" and over Cost but not less than $300.00 Refundable deposit on 2 inch meters and over $100.00 Turn on service $1.00 Reconnection charge where services was terminated for non-payment of monthly charge $2.50 MONTHLY SEWER RATES Single Family dwelling: One bathroom $ 3.00 flat rate Each additional bathroom 1.00 flat rate Commercial 7570 of water rate In addition, for persons other than persons using private systems, septic tanks excepted, a sewer service connection charge of 14.00 shall be required for service to the property line for each conrrcrion v ?!w time of tha Initial connection. SECTION 15 The County shall have access at all reasonable hours to all of the Company's plans, contracts, engineering data, accounting, financial, statistical, consumer and service records relating to the property and the operation of the Company and to all other records, required to be kept here- under, and it shall fila such accounting reports and data with the County when required. SECTION 16 The Company shall at all times maintain public liability and 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 safe business standards as established by the Board for the protection of the Count; 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 Board concerning rates, charges and/or operations of such utility and the Company, after request is made upon it by the Board, falls to satisfy or remedy such complaints or objections or fails to satisfy the Board -8-- L. AM that said complaint or abjection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing coworning, such complain or objection and the Board may review the; rates and chargee set and charged by the Company for the services which it furnishcaa or the nature and character of tale service it furnishes or the. quality or services furnished. If the Hoard enters its order pursuant to such a hearing, and the Company feels it is aggrieved by such carder, the Company may seek review of the Board's action by proceedings in the Circuit court of the County, othorwiao, the Company shall promptly comply with the order of the Board. S—ECTION 17 Should the Company desire to establish sewer rates and charges or should the Company desire., to increase any charges horetofore established and approved by the hoard, then the Company shall notify the Burd in writing,, setting forth a schedule of rates and charges which it proposes. A public hearing shall be held on such request, of which notice shall be ;liven by publication its a newspaper regularly published in said County at least one time not more than one month nor less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Sold hearing may thereafter be continued from time to time as determined by the Board. The Board will, however, approve or disapprove said in- crease in rates within ninoty (90) days of said public hearing. If the Board enters order pursuant to such hearing; and the Company or any person feels ao;rieved by such order, then the Company or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. S CCTION 18 Prior to the Company placing; any of its facilities in any of the public places as herein authorized, the Company shall make application to and obtain a permit from the; County Engincer authorizing said construction in the same manner as permits are authorizcA in rho County for the use of the public roads as shall now or hereafter be established by regulations of the County. 'rho County shall have tho right when acpccial circumstances exist to determine the time in which such cgrL3tructlun shall be donee. _qb MITCHELL, SHARP & MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA C W f"1`T (YAI 10 If the Company fails 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 give the Company written notice of such deficiencies or defaults and a reasonable time within which the Company shall remedy the same, which notice shall specify the deficiency or default. If the Company fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Company and after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons hereby are found by the Board. If the Board enters order pursuant to such hearing and the Company or any other person feels aggrieved by such order, the utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. QW( 1r1r)T%T 7n I; Any person using in normal average consumption more than !i 100, 000 gallons of water per day shall not be required to deal with the i! Company but any such water user shall be at liberty to secure its water from such sources as it might desire. This franchise shall exempt and I'. except therefrom any public agency producting water for resale at whole- sale, Nothing in this franchise shall prevent landowners to exercise their vested rights to pump water for their own use nor shall the riparian and other water rights of landowners be in any way impaired, reduced or affected ii by virtue of this franchise. No landowner shall be required to hook up or use the water and sewer services as provided in this franchise, provided, however, if such landowner requests services and purchases water from the Company, then the provisions of this franchise shall apply to such landowner or the land involved, and the above rights in respect to i' such landowner shall cease a n d terminate. This franchise i. -10- MITCHELL, SHARP & MITCHELL, ATTORNEYS AT LAW, VERO REACH, FLOUIDA i shall not affect, limit or restrict the rights or privileges as set forth and cuntaine d in any license issued to any utility heretofore granted by this Board pursuant to Section 125. 42, Florida Statute. SECTION 21 The franchise and rights heroin granted shall take effect and be in force from and after the time of the adGption of this resolution by the Board and shall continue in force and effect for a term of forty years after such adoption; provided, however, that within sixty days from the time of the adc of this resolution, the Company shall file with the Board its written acceptai of this franchises and all of its terms and conditions and provide further that if such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. SiC'T'ION 22 If any word, section, clause or part of this res"tion is held in- valid, such portion shall be deemed a separate and independent Fart a:sd .he same shall not invalidate: the remainder. IN FITNESS WHEREOF, the Board of County Commissioners 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 Board of County Commissiuners, 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 c ghth clay of January , A. D. , 1969,. COUNTY OF INDIAN RIVER, FLORIDA Signed, scaled and delivered in the presences of: By As Chairman of the oar o County Commissioners Attest: Jerk on ACCEPTANCE Or FRANCHISE The Urban Development Utilities, Inc. hereby accepts 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 contained. DATED at Vero Beach, Indian River County, Florida, this day of - 196,9 Ili Signed, sealed and delivered URBAN DEVELOPMENT UTILITIES, In the presence of: By Attest Notary Public, State of F oxide at arge. Iyiy commission expires: