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HomeMy WebLinkAbout1973-080RESOLUTION No. 73-80 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 "Oslo Lake Mobile Hoene Park Water and Sewer Franchise." SECTION 2. For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not incon- sistent 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) 'Owner" is the Grantee of the rights under this franchise, that is, Clifford S. Reuter and Leonard J. Hatale; (c) "Board" is the Board of County Commissioners of the County; (d) "Department" means the Indian River County Utilities Department; (e) "Person" is any person, firm, partnership, association, corpora- tion, company or organization of any kind. (f) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality as the same is more tiarticu- larly defined and described herein. (g) "Utility" means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems serving more than one building. "Utility" includes wells, pumps, tanks, treatment facili- ties, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing construction of a system or who is providing or proposes to provide water or sewer service to the public. SECTION 3. There is hereby granted by the County to the Owner, the exclusive franchise, right and privilege to erect, construct, operate and maintain a water and sewer system within the prescribed territory as herein provided and for these purposes to sell water and sewerage collection and treatment services within the territory and for these purposes to establish the neces- sary facRid.es and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances 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: All of Tract 3, and North 20 Acres of Tract 6, Section 26, Township 33 South, Range 39 East. SECTION 5. The Owner shall at all times during 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 or ordinance provide. SECTION 6. It is expressly understood and agreed by and between the Owner and The County that the Owner shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judg- ment, execution, claim or demand whatsoever resulting from negligences on the part of the Owner in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the construction of - 2 - this section, the claim of any person resulting from negligence on the part of the Owner may be prosecuted directly by such person against the Owner as if no governmental immunity accrued to the County by virtue of the Owner's use of a public place of the Country. The County shall notify the, Owner promptly after presentation of any claim or demand. SECTION 7._ The Owner 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. Additionally the Owner shall comply with all requirements of the Department: of Health and Rehabilitative Services, Division of Health, the Department of Pollution Control, the Indian River County Utilities Department and appropriate planning agencies relative to construction, design, operation, capacity, maintenance and expansion. The right is hereby reserved to the County to adopt, in addition to the pro- visions herein contained and existing applicable resolutions or laws, such additional regulations as i` 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 Owner shall grant and deliver to the County, upon demand of the County, all of its facilities, system, easements and rights appurtenant thereto (except the treatment plant and t:he site for same) lying within Indian River County without charge to the County. In the event any part or all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any munici- pality of the State of Florida, then in such event the Owner 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, - 3 - assets and facilities of the Owner without. charge used in its services under this franchise. SECTION 8. Owner shall commence construction of its sanitary sewer treatment and collection system within six (6) months from date, otherwise the franchise created hereby may become void and of no further force or effect at the option of the Board. All the facilities of the Owner shall be constructed only in accordance with plans and specifications approved by the State Board of Health of the State of Florida and the Indian River County Utilities Depart- ment and the quantity and quality of sewerage treatment shall at all times be and remain not inferior to the rules, regulations and standards now or here- after adopted by the State Board of Health. Whenever it is necessary to shut off or interrupt services for the purposes of making repairs or installations, the Owner shall do so at such time as will cause the least amount of incon- venience to its consumers and unless such repairs are unforeseen and imme- diately necessary, it shall give reasonable notice thereof to its custorriers. . SECTION 9. (a) The Owner shall have the authority to promulgate such rules, regu- lations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Owner to exercise its rights and perforin its obligations under this franchise, and to issue 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 Owner, before discretionary action is taken by The Board of County Commissioners, may request said Board that a group of arbitrators be authorized to determine such discretionary action and such group shall consist of: - 4 - 1. Board's Consulting Engineer 2. Company Engineer 3. One person selected by the two above persons. The Board of Arbitrators so authorized and constituted shall make recommendations to the Board of County Commissioners but such recommendations are not man- datory. Any final decision the arbitrators or Board may have, with respect to this franchise, may be appealed to the Circuit Court of Indian River County by either party. SECTION 10. All pipes, mains, lift stations, pumps, valves and other fixtures laid or placed by the Owner 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 Owner 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, side- walk, driveway or other surfacing , the Owner shall at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface 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 change the grade of or relocate or widen or otherwise change any such public way, the Owner shall, upon reasonable notice by the County, re- move, relay and relocate its fixtures at its own expense. The Owner 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 Owner shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Owner thereto, pro- vided, however, in the event of this termination of easement, any person, - 5 - except the County, requesting such termination shall pay to the Owner, in advance, its costs of removal and relocation of the removed facilities in order to continue its service as thertofore existing, or the County shall retain an easement not less than ten feet in width for the benefit of the Owner and its facilities. SECTION 11 The Owner shall not as to rates, charges, services, facilities, rules, regulations or in any other respect make or grant any preference or advan- tage to any person nor subject any person to any prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedule to which any consumer coming within such classification would be entitled. SECTION 12 (a) The Owner shall furnish, supply, install and make available its water and sewer collection and treatment 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 Owner, extend the time for providing such service to such demanding person. In the event, the Owner fails to provide its services and facilities 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 then being serviced by the Owner 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 Owner shall not be required to furnish, supply, install and make available its water and sewer collection and treatment system to any person within the territory as hereinafter set forth, unless the same may be done at such a cost to the Owner 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 Owner for all the services under this franchise, to the end, that such rate will produce to the Owner a sum suffi- cient to meet all necessary costs of 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 prospective service to the area is not financially feasible shall be the burden of the Owner. SECTION 13 The Owner 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 all of the con- ditions thereof. In any event this franchise shall not be transferrable and assignable until notice or request for transfer and assignment shall be given by the Owner 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 other 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 news- paper regularly published in the 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 disapprove such sale or transfer within ninety (90) days from the date of said public hearing. The consent by the Board to any assignment of this franchise shall not unreasonably be withheld. SECTION 14 The rates charged by the Owner for its service hereunder shall be fair and reasonable and designed 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 Owner agrees that - 7 - 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 Owner shall have authority to charge and collect not to exceed the following rates: 1. Water hook-up $200.00 Sewer hook-up 250.00 2. Rates - Water $4. 00 or $. 85 per 1000 gallons, whichever is greater. 3. Rates -Sewer Same as water bill Owner's rates shall at all times be subject to the review and approval of Indian River County's Board of County Commissioners and no change may be made by Owner in the basis of its rates without first making application therefor and public hearing thereon. SECTION 15 The County shall have access at all reasonable hours to all of the Owner's plans, contracts, engineering data, accounting, financial, statistical, consumer and service records relating to the property and the operation of the Owner and to all other records, required to be kept hereunder, and it shall file such accounting reports and data with the County when required. SECTION 16 The Owner 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 County and the general public and for any liability which may result from any action of the Owner. The County shall be named as an additional insured on all such policies of insurance and a copy of the policy shall be delivered to the County Administrator. If any person serviced by the Owner under this franchise com- plains to the Board concerning rates, charges and/or operations of such utility and the Owner 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 - 8 - said complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objec- tion and the Board may review the rates and charges set and charged by the Owner 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 Owner feels it is aggrieved by such order, the Owner may seek review of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Owner shall promptly comply with the order of the Board. SECTION 17 Should the Owner desire to increase any charges heretofore established and approved by the Board, then the Owner 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 pub- lication 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 disapprove said increase in rates within ninety (90) days of said public hearing. If the Board enters order pursuant to said hearing and the Owner or any person feels aggrieved by such order, then the Owner or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 18 Prior to the Owner constructing any of its facilities as herein authorized the Owner shall make application to and obtain a permit from the Indian River County Utilities Department authorizing said construction. The County shall have the right when special circumstances exist to determine the time in which such construction shall be done. - 9 - S EC TION 19 If the Owner 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 Owner written notice of such deficiencies or defaults and a reasonable time within which the Owner shall remedy the same, which notice shall specify the deficiency or default. If the Owner 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 Owner 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 therefor are found by the Board. If the Board enters order pursuant to such hearing and the Owner 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 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 Board and shall continue in force and effect until such time as the County, a municipal corporation of the State of Florida, within the territory of this franchise, may install or acquire its own sewerage collection and treatment system and supplies the same to individual customers at which time, Owner will convey all of its facilities (except for sewer treatment plant and plant site) and easements for location of same as Owner may own, free and clear of all liens or mortgages, to said County without charge; provided, however, that within sixty days from the time of the adoption of this resolution, the Owner - 10 - shall file with the Board its written 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 If any word, section, clause or part of this resolution is held invalid, 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 Com- missioners, 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_a/5 f_ day of __,r�mC�'1_ 1973. Signed, sealed and delivered in thepre �ce of: /__ COUNTY OF INDIAN RIVER, FLORIDA By: _ As Chairman of the�Boarf County Commissione Ps Attest: Clerk ACCEPTANCE OF FRANCHISE The Oslo Lake Mobile Home Park Water and Sewer Franchise Owners do hereby accept the foregoing franchise and for themselves and their suc- cessors and assigns, do hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED this__3j___day of 1973. Cliff S. Reutpr Leonaerr If, to e Approve"s to form: County Attorn