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HomeMy WebLinkAbout1970-044r Solis RESOLUTION NO. 70-ylf f 1311 1T RESOLVED By the Board of County Commissioners of M hidian River County, Florida: SECTION 1 This resolution shall be known and may be cited as the "Hobart Landing Services Company Water Franchise. " SECTION 2 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, Hobart Landing Services Company; (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 real estate, Pti o: 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 o present capacity for future use in connection withthe obtaining, treatment, supplying and distribution of water to the public for human consumption, •.J firb protection, irrigation, consumption by business or industry and without __ c_3 Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 u:. ,'Y� limiting the generality of the foregoing, shall embrace all necessary appurtenances and equipment and shall include all property, rights, ® easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof. SECTION 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 within the prescribed territory as herein provided and for these purposes to sell and distribute water within the territory and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenance necessary therefor in, along, under and across the public alleys, streets, 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 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 lines, to -wit: HOBART LANDING, UNIT ONE, according to plat filed in the office of the Clerk of the Circuit Court, Indian River County, Florida, in Plat Book 7, page 45, and HOBART LANDING, UNIT TWO, according to plat filed in the office of the Clerk of the Circuit Court, Indian River County, Florida, in Plat Book 7, page 46 H SECTION 5 w The Company shall at all times during the life of this franchise 0 be subject to all lawful exercise of the police power and regulatory o � authority of the County and to such regulation as the County shall hereafter by resolution provide. -2- Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 • SECTION 6 It is expressly understood and agreed by and between the • Company and the County that the Company shall save the County and member O of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligences 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 as are or may be set forth by the 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 lc..:) make such inspection as it sh?11 find necessary to insure compliance with all W Lel governing regulations. Upon the termination of this franchise, the Company `0 grants to the County the right at the election of the County and upon payment Y 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 I 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 f y• -3- C. Smith, Heath, Smith & O'Haire, Attorneys At law, P. O. Box 518, Vero Beach, Florida 32960 �t • 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 4 the law of the State of Florida provided in eminent domain proceedings. SECTION 8 All the facilities of the Company shall be constructed only in t accordance with plans and specifications approved by the State Board of i Health of the State of Florida and the quantity and quality of water delivered and sold shall at all times be and remain not inferior to the rules, regula- j tions and standards now or hereafter adopted by the State Board of Health, Ij The Company shall supply all water through meters which shall accurately j 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 ($5.00). Such sum shall be returned if the test shows the meter to be i inaccurate in its delivery of more than three per cent (37,). 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 unless such repairs are aA unforeseen and immediately necessary, it shall give reasonable notice there- ti of to its consumers. 1CM SECTION 9 G ' 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 p ri rights and perform its obligations under this franchise, and to issue an uninterrupted service to such and all of its consumers; provided, however, �- -4- Smith, Hoath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 • 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 persons and this Smith, Heath, Smith & O'Haire, Attorneys At law, P. O. Box 918, Vero Beach, Florida 32960 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 respe t to this franchise can be appealed to the Circuit Court of Indian River County by either party. SECTION 10 w • All pipes, mains, hydrants, valves and other fixtures laid or I placed by the Company shall be so located in the public places in the County as not to obstruct or interfere with any other uses made of such public places already installed. The Company shall whenever practicable avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall at its own cost and expense and in a manner approved by the County Engineers, jr.) r -I replace and restore all such surface so disturbed in as good condition as W before said work was commenced and shall maintain the restoration in an d approved condition for a period of one year. In the event that any time the CO C`J County shall lawfully elect to alter 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. The Company shall not locate any of its facilities nor do U; any construction which would create any obstructions or conditions which Ci -5- Smith, Heath, Smith & O'Haire, Attorneys At law, P. O. Box 918, Vero Beach, Florida 32960 II are or may become dangerous to the traveling public. In the event any such public place under er LIDOn which the Company shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may termi- nate such easement or license of the Company thereto, provided, however, in the event of this termination of easement, any person, except the County, 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 easement not less than ten feet in width for the benefit of the Company and its facilities. SECTION 11 The Company shall not as to rates, charges, services facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person nor subject any person to any prejudice or dis- advantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedule to which any consum- er coming within such classification would be entitled. SECTION 12 f a. The Company shall furnish, supply, install and make avail- able its public water system to any and all persons within the territory making demand, therefor, and shall provide such demanding person with its services and facilities within 90 days 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 demanding person. In the event the CM Company fails to provide its services and facilities to any area within the K territory within the time provided, then in such event the County may by cc resolution of the Board limit, restrict and confine the territory to that area then being serviced by the Company or such greater area as the Board shall r�a c>, determine and thereafter the territory shall be the only area set forth, n 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. -6- Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 40 b. The Company shall not be required to furnish, supply, install and make available its public water system to any person within the territory ® I as hereinafter set forth, unless the same may be done at such a cost to the 40 Company as shall make the addition proposed, 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 of the services; including a fair rate of return on the net 11 valuation of its property devoted thereto, under efficient and economical management. The burden of showing that a prospective 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 be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform i all of the conditions thereof. In any event this franchise 'shall not be trans- ferrable and assignable until notice or request for transfer and assignment shall be given by the Company to the Board in writing, accompanied by a re- quest from the proposed transferee, which application shall contain informa- tion concerning the financial status and other qualifications of the proposed i transferee and such other information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publi- cation in a newspaper regularly published in the County at least one time cation C'7 CO not more than one month nor less than one week preceeding such hearing. o Certified proof of publication of such notice shall be filed with the Board, R O Said hearing may thereafter be continued from time to time as determined rJ L by the Board. The Board will, however, approve or disapprove such sale j r� or transfer within ninety (90) days from the date of said public hearing. The O consent by the Board to any assignment of this franchise shall not unreason- -7 - Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 40 ably be withheld. SECTION 14 ® The rates charged by the Company for its service hereunder shall be fair and reasonable and designed to meet all necessary costs d the ser- vice, 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 collect 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 $2.97 Minimum per month All over 3, 000 gallons @ the rate of 490.per 1, 000 gallons. Installation and hook-up charge for water meter (meter remains property of Hobart Landing Services Company) shall be $230.00. Refundable deposit for hook-up shall be $10.00. Reconnection charge where services was terminated for non- payment of monthly charge $2.50. 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 file such accounting reports and data with the County whe► Cly required. CCO SECTION 16 0 o The Company shall at all times maintain public liability and property damage insurance in such amounts as shall be required from time 0 LTJ to time by the Board in accordance with good business practices as deter- 0- _J mined by safe business standards as established by the Board for the protec- tion of 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 Com - Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 0 pany 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, fails to satisfy or remedy such complaints or \objections or fails to satisfy the Board that said complaint or objection is ® not proper, the Board may thereupon, after due notice to such utility, ached i ule a hearing concerning such complaint or objection and the Board may review the rates and charges set and charged by the Company for the servicf which it furnishes or the nature acid 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 feels it is aggrieved by such order, the Company may seek review of the Board's action by proceedings in the Circuit Court pf the County; otherwise, the Company shall promptly comply with the Qrder of the Board. SE'C ION 17 Should the Company desire to increase any charges heretofore established and approved by the Board, then the Company shall notify the Board 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 given by publication in 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. Said hearing may thereafter be continued from time to time as determined by the Board. The Board will, however, approve or O� disapprove said increase in rates within ninety (90) days of said public hear- ing. If the Board enters order pursuant to such hearing and the Company or CO any person feels aggrieved by such order, then the Company or such person may seek review of the Board's action by proceedings in the Circuit Court c eu of the County. SECTION 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 e9_ Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 4D 40 i and obtain a permit from the County Engineer'authorizing said construction in the same manner as permits are authorized in the County for the use of the public roads as shall now or hereafter be established by regulations of the County. The County shall have the right when special circumstances exist to determine the time in which such construction shall be done. SECTION 19 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. SECTION 20 Any person using in normal average consumption more than 100, 000 gallons 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 sources as it might desire. This franchise shall exempt and except therefrom any public agency producting water for resale at whole- sale. Nothing in this franchise I 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 affe by virtue of this franchise. No landowner shall be required to hook up or -10- Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 i CM 4, .a • • p use the water 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 such landowner shall cease and terminate. This franchise shall not affect, limit or restrict the rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125,42, Florida Statutes. SECTION 21 The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Boar 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 adoption of this resolution, the Company shall file with the Board its written I I acceptance of this franchise 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. ! SECTION 22 4 If any word, section, clause or part of this resolution is held in- valid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS 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 Commissioners,and its seal to be affixed and attested by its Clerk, all W pursuant to the resolution of the Board of County Commissioners adopted CC on the day of A. D. 1970. CM Signed, sealed and delivered o in the presence o COUNTY OF INDIAN RIVER, FLORIDA 0O �.! Cnt'. s Chairman. of, tli Board of. tL County Commissioners. -� - : Irl.`•' `1 � � LL Attest: "C erk .-, 12-, � . �yy-C.� a Smith, Heath, Smith & O'Haire, Attorneys At Low, 0. Box 518, Vero B h, Florida 32960: 40 • ACCEPTANCE Or FRANCHISE r Hobart Landing Services Company, 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 contained. DATED this 16th day of October , 1970. HOBART LANDING SERVICES COMPANY ' By Seal).—i'resi enT t Attest: , State of pyio Secretary County of A"IOv r Notar3--'1 iLblic W and sari State and CoLlnty. My commission expires: �' • STANLEY. E. HISSONG, Notary Pubtle til- wi, My, COrM ISS1011 ExPlres OctobeE 2j9.7-4 Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32%0 , i ACCEPTANCE Or FRANCHISE r Hobart Landing Services Company, 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 contained. DATED this 16th day of October , 1970. HOBART LANDING SERVICES COMPANY ' By Seal).—i'resi enT t Attest: , State of pyio Secretary County of A"IOv r Notar3--'1 iLblic W and sari State and CoLlnty. My commission expires: �' • STANLEY. E. HISSONG, Notary Pubtle til- wi, My, COrM ISS1011 ExPlres OctobeE 2j9.7-4 Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32%0