HomeMy WebLinkAbout1973-083• QF f !GIAi� RkCOR
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RESOLUTION
NIO. 73-83
BE IT RESOLVED By the Board of County Commissioners of
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Indian River County, Florida.
Section 1
This resolution shall be known and may be cited as the
"Evelyn F. Neville, Inc. 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 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: Evelyn F. Neville, Inc.
(c) "Board" is the Board of County Commissioners of the
C ounty.
(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) "Department" shall mean the Indian River County Utilities
Department.
(g) "Utility" means sewer utilities serving subdivisions,
apartment and housing complexes, condominium, mobile home
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or trailer parks, industrial complexes, shopping centers and similar
systems serving more than one building. Systems serving motels, parks,
hospitals, schools and single commercial or industrial buildings are
excluded. "Utility" includes wells, pumps, tanks, treatment facilities,
distribution, systems, meters, disposal facilities, 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 sewer service to the public.
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 sewer system within the prescribed territory as herein
provided and for these purposes to sell and distribute sewer services
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 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. The franchise hereby granted shall not be interpreted
so as to require any individual property owner within the franchise area to
connect to the sewer facilities of Company.
SECTION 4
The territory inwhich this franchise shall be applicable is all
that part of Indian River County, Florida, located within the following
described boundary lines, to -wit:
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OFFICIAL REC(N-J)
Boa 455 ';i 7.1. 7
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OFFICIAL RECORD
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Boa 455 iwu 718
That part of the South half of Government Lot 1,
except the north 495 feet thereof, lying east of
Highway A 1 A, in Section 21, Township 33 South,
Range 40 East, and that part of Government Lot 1,
Section 22, Township 33 South, Range 40 East, which
lies east of the above described parcel; and the
north 165 feet of the South 332. 11 feet of Government
Lot 1, Section 21, Township 33 South, Range 40 East,
lying east of State Road A 1 A, and that part of
section 22, Township 33 south, Range 40 East, lying
east of the aforementioned property; all being in
Indian River County, Florida.
SECTION 5
The Company 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 here-
after be resolution or ordinance provide, to include the establishment
of a utilities commission which would exercise the delegated right of
the County retained herein.
SECTION 6
It is expressly understood and agreed by and between the
Company and the County that the Company shall save the County and
members of the Board harmless from any loss sustained by the County
on account of any suit, judgment, execution, claim or demand what-
soever resulting from negligences on the part of the Company in the
construction, operation or maintenance under the terms of this franchise.
The Company shall maintain adequate liability insurance and said
insurance policy or policies shall name the County as an additional
insured. 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
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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
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is hereby reserved to the County to adopt, in addition to the provisions
herein contained and existing applicable resolutions or laws, such addi-
tional regulations as it shall find necessary in the exercise of the police
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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.
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 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 ac-
quire 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
Comapny shall be determined under the alw of the State of Florida pro-
vided in eminent domain proceedings.
SECTION 8
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. The quality of sewer services sold 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 or the
Indian River County Utility Department. 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 unforeseen
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OFFICIAL REVORW
Boa 455 w+,r'720
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and immediately necessary, it shall give reasonable notice. to its consumers.
SECTION 9
(a) The Company shall have the authority to promulgate such
rules, regulations, terms and conditions governing the conduct of its
business as shall be reasonably necessary to enable the Company to
exercise its rights and perform its obligations under this franchise, and
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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 or regulation of the Indian River County Utility
Department now in effect and hereafter adopted and all of the same
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. Consulting Engineer
2. Company Engineer
3. One person selected by the two above 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.
All pipes, mains, hudrants, valves and other fixtures laid or
placed by the Company shall be so located in the public places in the
County as not td obstruct or interfere with any other uses made of such
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public places already installed. The Company shall whenever practicable
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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, 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 or relocate or widen or otherwise change any such public way, the
Company shall, upon reasonable notice by the County, remove, relay and
relocate its fixtures at its own expense. The Company shall not locate
any of its facilities nor do any construction which would create any
obstructions or conditions which are or may become dangerous to the
traveling public. In the event any such public place under or upon which
the Company shall have located its facilities shall be closed, abandoned,
vacated or discontinued, the Board may terminate 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, regulation or in any other respect make or grant any
preference or advantage to any person nor subject any person to any
prejudice or disadvantage, provided that nothing herein shall prohibit
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BOOK 455 FA E
OPPICIAL ki�CORt7
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OFFICIAL RECORD
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the establishment of a graduated scale of charges and classified rate
schedule to which any consumer coming within such classification would
be entitled.
(a) The Company shall furnish, supply, install and make
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available its sewer services to any and all persons within the territory
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making demand therefor, and shall provide such demanding person with
it its services and facilities within 90 days from the date of such demand;
li 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 Company 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 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 make available sewer services 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 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 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.
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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
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
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 newspaper regularly published in the County at
least one time nor more that 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 nimety (90) days from
the date of said public hearing. The consent by the Board to any assign-
ment of this franchise shall not unreasonably by 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 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 here-
after possessed by the County or any other regulatory body having
competent jurisdiction to fix just, reasonable and compensatory rates.
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OFFICIAL RECORD
BOOK 455 rAa 72W03
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The County shall have final authority and approval power on rate
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changes and any applications for rate changes shall be processed in
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accordance with law. 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:
MONTHLY SEWER RATES
AND CONNECTION CHARGES
Sanitary Sewer Service Charges:
3/41' & 5/8" Meter Minimum
1" Meter Minimum
1 1/4" & 11/2" Meter Minimum
2" Meter Minimum
3" & 4" Meter Minimum
6" Meter Minimum
Sewer Quantity Charges:
First 3, 000 Gallons
Next 12, 000 Gallons
Next 25, 000 Gallons
Next 35, 000 Gallons
Next 75, 000 Gallons
Sewer Connection Charges:
Within 75 days of availability
Thereafter
Newly improved properties
$ 6.76
11.70
22.50
30.76
54.00
75.00
6.76 minimum
1. 06 per thousand gal.
. 90 per thousand gal.
.78 per thousand gal.
.66 per thousand gal.
$300.00
375.00
375.00
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 hereunder, and it shall file such accounting reports and data with the
County when required.
The Company shall at all times maintain public liability and
property damage insurance in such amount as shall be required from time
to time by the Board in accordance with good business practices as deter-
mined by safe business standards as established by the Board for the
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protection of the County and the general public and for any liability which
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may result from any action of the Company.. If any person serviced by
the Company under this franchise complains to the Board concerning rates,
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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,
schedule a hearing concerning such complaint or objection and the Board
may review the rates and charges set and charged by the Company for
the services which it furnishes or the nature and character of the service
it furnishes or the quality or services furnished. If the Board enters its
order pursuant to such a hearing and the Company feels it is aggrieved
by such order, the Company may seek review of the Board's action by
proceedings in the Circuit Court of the County; otherwise, the Company
shall promptly comply with the order of the Board.
SECTION 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 disapprove said increase in rates within ninety (90) days of
said public hearing. If the Board enters order pursuant to such hearing
and the Company or 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 of the County.
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OFFICIAL RECORD BOOK 455 pvi725
opfecoAL REL Ra
Bou 455 pAc�726
SECTION 18
Prior to the operation of any of its facilities, the Company shall
i i obtain the approval of the Department of Health and Rehabilitative
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1i Services, Division of Health, the Department of Pollution Control and
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!I other appropriate planning agencies relative to the construction, design,
11 operation, capacity, maintenance and expansion of its facilities. The
Company shall also make application to and obtain a permit from the
Indian River County Utilities Department authorizing said construction.
This franchise will become void if construction of the facilities is not
commenced within six (6) months and completed within eighteen (18)
months of the date of this franchise.
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 may seek review of the Board's
action by proceedings in the Circuit Court of the County.
SECTION 20
No landowner shall be required to hook up or use the sewer
services as provided in this franchise, provided, however, if such
landowner requests services and purchases sewer services from the Company,
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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.
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
is operating a public -owned sewer system. Company agrees with the
County, the Company will, at its own expense, abandon the sewer
treatment facilities and the County, at its expense, shall be permitted
r to connect the Companyts sewer treatment facilities to public -owned
and operated sewer treatment facilities. Company will execute
whatever instruments are required to transfer said sewer treatment
facilities more specifically described as sewage collection lines,
sewage pumping stations and utility easements to the sewage treatment
facilities. The company shall be responsible for the removal of the
sewage treatment plant, evaporation -percolation ponds and additional .
appurtenances no longer needed for operation of said sewage treatment
plant.
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.
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OFFICIAL RECO.-J
Po6K 455 t'A6E 7?S
IN WITNESS WHEREOF, the Board of County Commissioners
of Indian River County, Florida, has caused this franchise to he 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 pursuant to the resolution of the Board of County Commissioners
adopted on the jgTH day of DF:CFMRER , A.D., 19 73
BOARD OF COUNTY COMMISSIONERS
COUNTY OF INDIAN RIVER, FLORIDA
Signed, sealed and delivered
in the presence f:
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By � " eLg
1 "et,
As Chaim-nan of the Boor
County Commissioners
Attest:��=�
Clerk
,,
EVE YN F. NEV
By
Attest:
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December 21, 1973
I, Clark A. DePue, III agree to Indian River County
granting an exclusive sewer franchise to Evelyn F. Neville,
Inc., which franchise area includes my,,property outh
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December 21, 1973
I, Clark A. DePue, III agree to Indian River County
granting an exclusive sewer franchise to Evelyn F. Neville,
Inc., which franchise area includes my,,property outh
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ark A. DeP ,
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