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HomeMy WebLinkAbout1974-03840 RESOLUTION No. 711-38 WHEREAS, this Board has adopted a Gas Code for Indian River ® M County, Florida, and, WHEREAS, said Code .calls for this Board to establish fees for Permits. NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, that the following schedule of Fees is hereby established for the Gas Code. (a) The total fees for inspection of consumer's gas piping at one location (including both rough and final piping inspection) shall be $1. 50 for one to four outlets, inclusive and $0.50 for each outlet above five. (b) The fees for inspecting conversion burners, floor furnaces, incinerators, boilers or central heating or air conditioning units shall be $1. 50 for each unit (c) The fees for inspecting vented wall furnaces and water heaters shall be $1. 00 for each unit. (d) If a re --inspection is required, an additional fee of $2. 00 shall be made. (e) Any and all fees shall be paid by the person to whom the permit is issued. RESOLUTION No.Z,4iQ WHEREAS, this Board has adopted a Mechanical Code for Indian River County, Florida; and, WHEREAS. said Ordinance provides that this Board establish a schedule of Fees for Permits issued under said Ordinance, NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, 'that the following schedule of Fees is hereby established for the issuing of Mechanical Permits: MECHANICAL PERMIT FEES (a) For issuing each Permit $3.00 (b) (1) Fee for Heating, Ventilating, Duct, Air Conditioning and Refreigeration Systems shall be ten ($10.00) Dollars PLUS two ($2.00) Dollars per each one thousand ($1, 000.00) Dollars or fraction thereof. (2) Repairs, alterations and additions to an existing system where cost is over five hundred ($500.00) dollars shall be two ($2. 00) Dollars or fraction thereof in valuation plus five ($5. 00) dollars. (c) Fee for Re -Inspection. In case it becomes necessary to make a re -inspection of a Heating, Ventilating, Air Conditioning or Refrigeration System, the installer of such equipment shall pay a Re-Inspectioh Fee of Five ($5. 00) Dollars. t (d) Temporary Operation Inspection Fee; For inspecting a Heating, Ventilating, Refrigeration, or Air Conditioning System, a fee of Five ($5.00) Dollars shall be paid by the Contractor requesting such inspection. If the system is not approved for temporary operation on the first inspection, for each subsequent inspection for such purpose, the usual Re -inspection Fee will be charged. (e) In all buildings except one and two family dwellings using self-contained Air Conditioning Units less than two tons, the fee charged shall be that for the total tonnage of all units combined (see Paragraph (a) above for rate). Minimum fee shall be ten ($10. 00) Dollars. (f) Boilers based on BTU Input: 33, 000 BTU (1 BHP) to 165, 000 (5 BHP) $ 5. 00 165, 001 BTU (5BHP) to 330, 000 (10 BHP)$] 0. 00 GAS PERMIT FEES: (cont'(1) 330, 001 BTU (10 BHP) to 1, 165, 000 (52 BHP) $15.00 1, 165, 001 BTU (52 BHP) to 3, 300, 000 BTU (98BHP) $25.00 Over 3, 300, 000 BTU $35.00 (g) Re -Inspection Fee. In case it becomes necessary to make a re -inspection of the installation of a Boiler, the Person, Firm, Corporation or Owner to whom a permit is issued shall pay for each re -inspection a fee of Five ($5. 00) Dollars. a 0 RESOLUTION No. -Z4---4a- WHEREAS, This Board passed an Electrical Code, and WHEREAS, said Code provides that this Board establish a Schedule of Fees for permits issued under said Code, NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, that when application for a permit is approved and before a permit is issued, a fee therefore shall be paid based on the following schedule of rates: ELECTRICAL PERMIT FEE SCHEDULE 1.00 LIGHT OUTLETS $ 3.00 1 to 8 outlets, inclusive - minimum 3.00 Over 8 outlets, the -minimum charge of $3.00 for the first 8 outlets plus 1.00 each additional outlet .10 SERVICES .25 Temporary for construction 2.50 100 ampere and under 2.00 Over 100 ampere to 200 ampere 3.00 Over 200 ampere to 400 ampere 4.00 Over 400 ampere to 600 ampere 5.00 Over 600 ampere to 800 ampere 6.00 For each additional 100 ampere (over 800 ampere) 1.00 SERVICE CHANGES 100 ampere and under 3.00 Over 100 ampere to 200 ampere 4.00 Over 200 ampere to -400 ampere 5.00 Over 400 ampere -each additional 100 ampere .50 SWITCHBOARDS OR PANELS By amperes, same•as "Services" EQUIPMENT Drop in range 1.50 Range top 1.00 Oven 1.00 Sign outlet 1.00 and all other appliance outlets inspected in conjunction with rough airing, inclu- ding room space heaters, ceiling heat, etc. - each 1.00 MOTORS Up to 1 H.P. 1.00 1 to 3 H.P. 2.00 3 to 5 N.P. 3.00 Over 5 H.P. up to 10 H.P. - per additional H.P. 1.00 10 H.P. 8.00 Over 10 H.P. - per additional H.P. .25 MACH I N- S X -Ray - Portable, dentist 1.00 X -Ray - Stationary, doctor 5.00 Diathermic and Electronic outlet 1.00 GENEP,i;TORS AND TRXIISFO'i-IERS Each up to 5 KVA 2.00 Each generator or transformer over 5 KVA through 10 KVA 4.00 -Each generator or transform over 10 KVA through 15 I'M 6.00 Each, garerator or transfonu!r oder 15 i'i'i+ thro' "01 ?0 KIM 15.07 ver —___ tach generator or transtormer over---------- ___•20 20KVA through 25 KVA 10.00 ' Each generator or transformer over 25 KVA through 30 KVA 15.(10 Each generator or transformer over 30 KVA 15.00 Generators and transformers, where located on same floor, fee for largest, plus $1.00 for each additional WELDING MACHINES Up to 25 amperes 2.00 In single family residences, where the contractor requests par- tial inspection, a fee of one dollar ($1.00) shall be paid for the partial inspection. Over 25 amperes to 50 amperes $ 3.00 Over 50 amperes - plus $1.00 for each additional 50 amperes or fractional part thereof 3.00 TRAILER PARKS Plain Service and Sub -Services - as per "Services" All other equipment same fees as -set forth in all other items. SPECIAL PURPOSE OUTLETS (Commercial) Popcorn, doughnut, drink machines, coin music machines, toaster, coffee urn, deep fryer, refrigerator -,-display cases or any other electrical -coin operated machine Fee each time installed 1.50 Permit No. to be displayed on each machine Auto painting - Bake ovens 5.00 Air conditioning heat strips 1 to 5 K.W. 1.50 Each additional 5 K.W.-thereafter 1.00 HANGING OF FIXTURES -(Not included in ori- ginal permit) Lights - 1 through 10 bulb -of fluorescent tubes 1.50 Each additional fixture .20 COr13INATION Light fixtures and outlets up through 10 -one inspection 1.50 Streamers or festoon lights: First 10 lights 1.50 Each additional 10 or fraction .50 PLUG -MOLD , First 25 feet 1.00 Each 5 feet thereafter .20 MISCELLANEOUS PERMITS Giving permission to do temporary work or to do general repairs to radio or television, transmitting or receiving stations, picture sho':is, carnivals, circuses, road shows, or similar organizations, a permit fee from $1.50 to $50.00 shall be paid, said fee to be determined by the electrical inspector, No permit wi11 be issued for a fee of less than $1.50. The said fees shall include payment for the permit and for inspection of work, alter the saine shall have bean complet- ed: If the eleci;rical inspector shall, upon his inspection after cor.pletion of the work or apparatus, find that the sar, does not conforim to and conply with the provisions of this chapter, he shall notify tiro person in charge of the work, indicatin-g; the corrections required; and when he Shall be notified that rh_ corrections have been made, hL, shall again ir.:pect the r'; or apparatus without further charge; extra inspection trips are necessary, due to any cne o ��^ fullcr.rin� r�!;rrns, a charge' of $5 00 shall be i' L:e for each tri;: (a) wrong address; (b) condemned work, resulting from faulty construction; ® (c) repairs or corrections not made when inspection is called; (d) work not ready for inspection when called. ® The payment of re -inspection fee shall be made before any further permits will be issued to the person owing same. RESOLUTION No. 74-41 WHEREAS, the Board of County Commissioners of Indian River County, Florida, has adopted with modification the Southern Standard ®M Plumbing Code, and WHEREAS, said ordinance provides for a fee schedule to be established for permits by this Board by Resolution. NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, the following schedule of Permit Fees for the Plumbing Code is hereby adopted. PLUMBING PERMIT FEES (a) For each fixture roughed in and installed on new or reconstructed plumbing, or each fixture outlet roughed in $2. 50 (b) For each water heater 2.50 (c) For each septic tank to 1, 200 gallons 4.00 For each septic tank over 1, 200 gallons 5. 00 (d) For each grease trap 2. 00 (e) For each sewer connection 4.00 (£) For inspection of remodeling or repairs on waste, soil, vent, drain or sewer pipes 4.00 (g) For each lawn sprinkler system, air con- ditioning, refrigeration, or cooling unit, connected to the city water andsewer 3.00 (h) For each re -inspection made due to the work being condemned or not being ready at the time specified 5. 00 (i) For each roof drain 2. 25 (j) For each area drain 2.25 (k) For each water service connection to a municipal or private multiple water supply system: First meter on each lot (within municipality) 1. 00 First meter on each lot (outside municipality to city water system) 4. 00 For each additional meter on same lot . 50 (1) Water connection to or outlets for an appliance or installation not covered by fixture permit 1.00 (m) Water connection to outlets for hose or lawn faucets: First connection 1. 00 Each additional . 50 FIRE CONTROL SYSTEM Each hose cabinet 1.00 FIRE SPRINKLER SYSTEM Minimum permit fee for each installation not to exceed $100. 00 4.00 Each $500. 00 or fraction thereafter 1.00 0 PLUMBING PERMIT FEES continued: SWIMMING POOL CONNECTIONS TO CITY WATER 5.00 ® GAS (The following shall include bottle gas) For the first outlet and/or appliance 3.00 For each additional outlet and/or appliance 1.00 For change from a master to an individual meter 2.00 For multiple meters at one location: For first meter 2.00 For each additional meter 1.00 For major repairs to gas pipe where no 2. 00 fixture or appliance installation is involved 2.00 BOILERS Minimum permit fee for installations not to exceed $100. 00 5. 00 Each $500. 00 or fraction thereafter 2. 00 FURNACES AND HEATING EQUIPMENT PER UNIT INSTALLED For the first 200, 000 BTU per hour or fractional part 4. 00 For each additional 100, 000 BTU per hour or fractional part 2. 00 Note: The rating of furnace and heating equipment shall be based on the BTU input of fuel used per hour. WELLS (Drilling or Digging) 5. 00 Sprinkler Systems 4. 00 WATER STORAGE TANKS (up to 1, 000 gallons) 3. 00 Each additional 1, 000 gallons or fraction thereof 1.00 RESOLUTION No. 74-42 WHEREAS, This Board did adopt a Building Code Ordinance, and 40 WHEREAS, said Ordinance does provide for this Board by Resolu- tion to appoint a Board of Adjustment and Appeals and to establish terms of office for the members, NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, that the Board of Adjustment and Appeals of the City of Vero Beach, Florida, is hereby appointed the Board of Adjustment and Appeals for Indian River County, Florida, and the terms of the members thereof shall be the same as established by the City of Vero Beach, Florida. 40 0 RESOLUTION No. 74-43 WHEREAS, the Indian River County Tax Assessor did, in 1973, re -assess all real and personal property in Indian River County, Florida; and, WHEREAS, said re -assessment has caused final approval of the Indian River County, Florida, tax rate, millages, and tax revenues to become eight (8) months behind schedule; and WHEREAS, this Board has budgeted funds for the 1973-1974 Budget of the Indian River County Health Department; and WHEREAS, this Board wishes to affirm that said Budget amounts will be paid when tax revenues are available: NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, that as soon as tax revenues are available, monies budgeted by this Board for "he Indian River Health Department, will be immediately paid. This Resolution was duly adopted on May 22, 1974. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY BY: -Z&ez) a�� Chairman ;3 4b 40 RESOLUTION No. 74-44 WHEREAS, ALCO-ROPE, INC. has requested that the Board of County Commissioners sell an air conditioner to said corporation for use in its alcohol rehabilitation programs, and WHEREAS, this Board has several surplus air conditioners, and WHEREAS, this Board has found that Alco -Hope, Inc. is a non- profit organization whose purpose is promoting community interest and welfare; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that it agrees to sell to Alco -Hope, Inc, one air conditioner - Frederich - Model, 7-S081 Serial No.7S081-04724 for $1.00. 54 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. M t RESOLUTION No. 74-45 WHEREAS, INDIAN RIVER COUNTY has entered into an Agreement with the CITY OF VERO BEACH to jointly finance a recreation program for City and County residents, and WHEREAS, said Agreement requires this Board to approve and finance a program for the 1973-1974 fiscal year, and WHEREAS, this Board on behalf of Indian River County and the City Council on behalf of the City of Vero Beach have approved a program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That it approves the program attached to this Resolution and agrees to jointly finance the same with the City of Vero Beach all in accord with the terms of the Agreement of May 22, 1974. OP ION Vero l:4ach Plorida C�)iTirr.'l .i"MOVAT. FOa'�.'i'•.`T,X. (Tacklo.) Boys A. Equipment: J'erscys 200 ,L 1� i3•oJ ry ;y1,60o.00 Shoulder pad: 75 X 11.00 .a 150 X 11.00 825. UO 1,650.00 Panes Foo'tla 11s 42 X 7 0.00 �- • 420.00 Y.ic;: {.n Tees 20 X x.50 0 50.00 • D.. OfSic�:<�7.s: 61 ca:w--s X C0.3.00 e., 793•00 C. Administration: 300 hays X (A.50 per hour 1,360F00 D. Co.zcossion Sa nd: SO hoursX. 1,4.00 : .520.00 cento, Of iic 7 C1 ft. ) (120 X 7.20 - 1.'x;1,00 sq. 14,400 sq. 9t. X. 16¢ 1,440.00 ' 2. 1de11 £, Sprinkler System 5,000.00 3. Field Paint (60 ga. s . X 360.00 4. Crass );a �.���enance 100.00 ' 1„, 7.ig)rt:;; -• 90 X 115.00 450.00 G.. Ii�.sce7.1<:.txcoua �- 400.0_0 ,� TOTAL 14,760-00 I'00i' ?ELL (Flag) Boys and Girl:. - quip- Flags 75.00 66.00 Dorm Harker;, 300.00 P.A. Sys'tcm V Shirts -- 6 tcam,� X X 15 (90 "4.00 �1 360.00 s lor't s- 6 "cams X 15 90 x,;12. 00 100.00 t%OtxicivIS: 142 rc;,nos X.:.10.00 1420.00 1.50 bovx• i X ? �ic50 6`75.00 7500 100 TOTAL ,; 2,376.00 >3�03/6a,; UJH 01., ): µ coirlis�Gl�a Vol U: � ' .. .• 60. 00 , • . ` '�:.i�;•i 1 .nGC: Field Main'" 1� co 0.1.. ao GOOeGO • ` �;:•; 60 grsses X ;10.00 :. •. • itrution ; 120.00 • > 40 hour$ X Y ✓ e 00 per hour. . !■ • i t•• `;v',I'r�.1.w.Ciellfuloouca' r.. TQTAL `rs ^5�.\�0 - 880.00 . I:G• M G•i.r1,s C1sss: �r .. b0 .... :.rnctruatic,n •- 1ts. hcv:�s .. „ � 56 .00 ... . a 20 46,0.00 ,. IGO x �.'�.00 ' '� d�dmi n? a'��: c. �i ox> -• ?a hours , , , 04.5 0 x2 0 .:...... TOTAL 648..50 SOY' uMOLL (mon) 2,400.00 !s. O:fficia7.s ,. 1�. Equipment 1.50.00 Bases 10.00 Scoreboolcs 40.00 Plate 30.00 ' I•lowid C. meld T;aintenance: 60 gimes X x`112.00 per (;mine 720.00 in-jeld (clay)).,200.00 Resuz Race clay A.. LJ.giits: 160 hours }: $5.00 p-.' hour . 9 OO.GO Administration: 900.00 200 hours X 4'4.50• r 6, �" 'lOoOO AI, .a mG.� .- •� Yf"00 .00 SPONSOR Vi -1-15 4,770-00 i32I;N:T}G„'id 011? �:tm1 V IUliAL 1�C:'i aV iT]%S .•' db r Gi.ra.:; �• t•P70 urau}�a '•; ,rC4;: 1a.L�.,T' t'1i.00 1)e;' gmuo ;D, O p 3 0.0 ;• �lTrtp3.res ., t0... i3 hi.t-ld 560.09 30 �1Z.Q0 rquipmenti:: _. ` 50.00 "0.00 Bases bound 1 40. 0 D.: C16 or Field, .. ;;1!10.00 /+20.00 15 Yard ; 3 rtii40.00 �: v. 300.00 60 hours X 0.00 l 1£i0.00 F . Aclmi.r.:.., t .r, u trl o'al o 60 V3,OO 100 CY. ictnc0- 1cn^ousr yl cf 1 700.00 ZO ,L • r0:`xi'1wL (`C .t?a11.) ' BOYS.. �� . ', ' ftp • ' tJniial'IDS .l9boys X,-14 'l. 2. 364„80 ' 24 bays 8 teams ` D. Equipi 20.00 15.00 ' Bats Balls 160.00 C:. Lights: 32 hours A ;$5e00 1.40.00 D. Ofta 28 ganjes Y. ,rJ.00 per Carle x20.00 140 hOl1r s . X x3.00 L. Admini,tration: 50.00 F. Misce 1'Jancaus . . . pt.' FiGlu 1-Ictin•t mance: a.6ti.00 _ l4. C;aros }: "12..00 .COTI L w Oal•a0 Or :(i<i)JVID701,T, AC'CCV�'�aa'S ` COn�JJ1L;i G1 ® DRZtAI;1�0';;N . • , Cs� i�;,.f1:C�`J".�.1`%S � CTira. , • ,, .. Instruc't;or: 61,2.60.00 2 X x',90.00 '1 Creeks Bo. Fre ipmcn•t:. - 4,000.00 Floor Mat X50.00 Vaulting, Horse 170.00 Duel-board01. V 1.1 tt ' .{J (6' Z �' • ? ' (�, ' 3, �.1. �lwn �j 550.00 350.00 Crash Fa't 50.00 C. i�ainte�iance EG.uip:nen'c D. 1�caminis"cr. ation: 360.00 . 80 J)rco rs Y. ;a1+�%n per' hotla' 200.00. E. I.2 scc�.Lrx,(ou:; DOTAL -p -. Boys and Girls A.600100 $S Atil).aci.cs and ✓tri.mrni:�� 600100 . ?JOO.GO Arts .And Crafts B. Tmnsport:Ation: l,000.00 • buscs • 1'',•t T)3 C. GItT""I' 11:'i help: 16 t!a:^1;c:rs Y 110 hours per week 14,1100.00 X 9 week, D. Ad)nini:c tr. ation: X. 300 hours ): 4..50/hr 01) ~. 2 gorse -s ` g, TOTAL• w, 0o0.U0 PROGRAM TOTAI,S; $j 14,760.00 Footb@13.Boys Boys and Girls pyy),oO I'OU'e:;'•ILT, 1a�;) i ootilall aG r.en 666.50 Civ (q,jcndir),, - Girls 4s77U.1)c) ),,'100.00 Sot• riUr'LI?£1a C.i.rIs 3.,031.00 So:"'t ir,l) ('•'- ,a11) Boys /, 29Q.UU .,i;i.C. Gix.lS boys' ' end ^:L5 r, rtir 52 55o • • -L—) RECREATION AGREEMENT 22nd DAY OF May , 1974 WHEREAS, the Board of County Commissioners of Indian River County, Florida, desire to provide a supervised recreation program to the residents in Indian River County, Florida, living outside the City of Vero Beach, Florida, and WHEREAS, the City of Vero Beach, Florida, has a re- creation program and has agreed to jointly participate with this Board and offer certain recreation programs to all citizens in the County, NOW, THEREFORE, in consideration of the mutual agreements contained herein, Indian River County, Florida, through the Board of County Commissioners and the City of Vero Beach, Florida, through the City Council do agree as follows: 1. County and City agree to jointly finance a recreation program open to all residents in the County. 2. All programs jointly financed must be approved by both parties. 3. Fees for City and County residents will be equal for those programs that are jointly financed. 4. All fees collected from residents living outside the City will be accumulated in a Capital Outlay Account. Semi-annual reports on the status of this account will be given by the City to the County. Capital Outlay Funds from fees of out -of -city residents may be spent by the City only with the approval of the County. 5. Contributions for approved joint programs shall be on an equal basis and must be approved by resolution of each party. 171 • Recreation Agreement (continued) Page 2 22nd day of May, 1974. 6. This Agreement shall continue from budget year to budget year unless either party gives written notice to the other at least ninety (90).days prior to the other party's final adoption of its budget. ATTEST. er Approved as to form: County AttorWey ATTEST: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By 9, Chairman _ _ CITY OF VERO BEACH C, er1ercam— a Approved as to form: Ait A rney RESOLUTION No. 74-46 WHEREAS, this Board desires to establish a policy on the Board's printed agenda used at each County Commissioners meeting. NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River. County, Florida, that the following is the policy of this Board until changed. AGENDA 1. A printed Agenda shall be prepared by the County Administrator for each regular meeting of the Board. 2. No item will be placed on the Agenda unless the request and all required background or supplementary items, documents, pians, etc. are filed with the County Administrator by noon on the Wednesday preceeding the regular meeting. 3. No Public Hearing shall be advertised, scheduled or placed on the Agenda without the prior approval of the County Administrator and the County Attorney. 4. Any item not on the Agenda may be considered and action taken after motion and vote by a majority of those Commissioners present approving the item to be considered. 62 RESOLUTION NO. J• WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommending w changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of. Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the following -;described property owned by Graves Brothers Company, Represented by Edward Massey, situated in Indian River County, Florida, to -wit: Lot 4, Block 6, Graves Addition to Wabasso, PBI 2-41, Indian River County Records. Be changed from C-lA Restricted Commercial District to R-1 Single Family District. All within the meaning and intent,and as set forth and describ- ed in said Zoning Regulation. EN RESOLUTION No. %4'48 ®-= BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following schedule of �'M charges is hereby established for the Tax Assessor to charge for Tax Maps and Aerial Photos: Tax Maps: Complete Set (three volumes) $300.00 Partial Set (one volume) 125.00 Per Page 2.00 Aerial Photos: Per Sheet $ 5.00 RESOLUTION No. 74-49 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following procedures will be followed by applicants for Soil Logs: To Be Used When No Immediate Building Is Contemplated. A locater sheet will be filled out and a sketch of lot drawn to scale will be submitted, accompanied by a fee of $35. 00. Lot will be staked and flagged by person desiring soil log. Whether one (1) lot or forty-nine (49) lots the above must be don. If all lots are in one subdivision to be done at one time, a full size plat of the subdivision can be substituted for individual sketches of lots. On completion of soil logs, the locater sheets will be mailed to person requesting same, and will be valid until law is changed. II. The original method of handling soil logs will be retained for people who intent to build. (Whether house or trailer), and will take priority. 1. Zoning permit (zoning office) 2. Locater sheet (health dept. ) 3. Building plans (health department) after soil log test. Pians stamped. 4. Building department 5. Fill check and sign building department card on site. Issue septic tank permit. 6. Inspect septic tank installation and sign building depart - meet card on site. 68 ® RESOLUTION NO. 74-50 RESOLUTION AUTIiORIZING THE PXECUTION OF 711E SCHOOL SIGNS AND FLASHING SIGNALS, ® 1`i1INTENANCE AGREEMENT BEr1VEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY On Irotion of _Commissioner Siebert , seconded by „Co i,ssioner Massey, the following resolution was adopted: P,HEI AS, the County of Indian River , deems it in the public interest to naintain and nay electrical costs :or the installation and Operation of Flashing School zone Signs and signals described in Fxhibit "A" to said agree - meet, and accordingly to enter into the attached agreement with the State of Florida Department of Transportation. NOW, 71:EREFORE, BE IT RESOLVED BY 1. That the County of Indian Ri&Y(rurrs in the provisions of that (Public Body) certain avreement attached hereto, pertaining to maintaining the flashing school signs and signal installation described in Iixhibit4"All to that agreement. ?. That County of Indian R�.M forizes the said agreement to be �(1'ti:�lic Body) •J executed by a legally d--signated officer of this Public Body. STKrE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that the foregoing is a true :nd correct copy of a Resolution adopted by County of Indian Rive"r at a rzeting hold on the 5th. day of June A.D., 19 74 and recorded in its ra�.n'—uC s. IN 11ITNESS I'RIEMOF, I heret nto set tay hand and official seal this 5th, day of _____ June ��__� A.D., 1J 74_ �f a /'� � (`TEAL) CALf,cLa CIRCIII'T COURT fit} TRAFFIC SECTION JOS SR OPERATIONS COUNTY MUNICIPALITY NO. 88010 h0, 3508 };0,5 PTO. NAHE Indian River MAINTENANCE AGREEMENT SCHOOL SIGNS AND FLASHING SIGNALS THIS AGREEMENT, made and entered into this5th. day of June 19 74 , by and between the State of Florida Department of Transportation, an Agency of the State of Florida, hereinafter called the "Department" and the County of Indian River FLORIDA, -hereinafter called the "Public Body." WITNESSETIf: WHEREAS, the construction and maintenance of Flashing School Zone Signs Ind Signals, is necessary for the safe and efficient c6trol of traffic at the location or locations as described in Exhibit "A", attached hareto; and WHEREAS, the Public Body, by resolution attached hereto and made a part hereof", has determined that it is in the public interest for the Public Body to assume the responsibility for maintenance and electrical power costs incurred in the operation of said signal installation: NOW, THEREFORE, THIS INIMM111;E l:I'i?J SS[ml: !'mat ill consiu.rltion o= the premises and the nutual covon.ints_.co taiTi•9d Rarain to be underta:Len by t}le re- spective parties hereto, the parties and each of them, t:nitrally a_-ree and covenant as follows: 1. That the Signs and Flashing Signals as deserl.bcd in Exhibit "A", attached hereto and made a part hereo.c, will be so desi.,;ned that the functional design of the installation and its co -w; onents will be mutually acceptable to the parties hereto, and will be installed t:nd r Departnent Supervision, with the actual nethod of construction .ltd financing, deternmin;id by the Departncnt's policies, budget, and aI! ment or agreements which it may have with this or anothr:r governmental unit rc.lati.n^ to the financing . nd construction. thrrcof, n 2. That the Public Body shall, upon receipt of equipment and the completion of the installation and acceptance by the parties hereto, assume the sole responsi- bility for the maintenance and continuous operation of said signal installation and the payment for all costs for electricity and electrical charges incurred in connect- ion with the operation thereto. 3. The Public Body shall maintain the sign and flashing signal installations in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the Public Body shall record maintenance activities relative to said signs and Flashing Signal installations to a "Department of Transportation Traffic Signal Maintenance Log" or an approved equiva- lent log. 4. That the equipment shall remain the property of the Department, and it is hereby understood and agreed by the parties hereto that the Public Body may remove any component of the installed equipment for repair but the Public Body shall not, under any condition, permanently remove the main-frame of the control unit without the express written permission of the Department. S. It is expressly understood and agreed by the parties hereto that the wiring of the cabinets and the timing of the signals will be such that the traffic will be a properly handled at the time of the completion of the installation of the signals. j Necessary modifications in timing or minor circuity nay be made by the Public body j to accommodate the changing needs of traffic but the Department reserves the right to examine the equipment at any time, and alter due consultation with the parties hereto, specify timing and phasing that will pravidle a safe and expaditiocrs traffic flow in the state highway systema. 6. The Public Body shall not roclif_y thD eciu.ipa+ent to provide additional phases or intervals without written permisison fro! -,t the Department. 7. The Public Body hereby agrees to ind:mnify, defend, save and hold harmloss the Department for all clains, cicm+ands, liabilities and suits of any nature whatso- ever arising out of, because of, or due to the breach of this a,reement by the , Public Body, its agents or e::iployees, or due to any act or occurrence. or ommissi.on or commission of the Public Body, its ^g^nts or employees. It is specifically under- stood and :+;teed that this i.++;l.<rui.ficatiun a,r:;om,,nt ('.oe•s not cov-:,r or indamni'i)' the U'j+a:Lme:nt, or its ay,eilts or employee-, for 16(:; o:+n n<,;lif;:mc:: o: b each of conz.cce't. R. It is mutually a„reed that the Department's Director of Road Operations 40 shall decide all questions, difficulties and disputes of any nature whatsoever ® that may arise under, or by reason of this agreement, the prosecution and ful- fillment of the services hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 9. It is understood and agreed by the parties hereto that this agreement shall r, -main in force during the lige of the originally installed equipment and any replacement equipment installed by the rutual. consent of the parties hereto, provided however that additional or replacement equipment purchased and installed wholly at the expense of the Public Body in accordance with this pro- vision shall remain the property of the Public P,ody. IN VITTiESS 19HEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. Pil'PIESSES• STATE OF FLORIDA DEPAW TENT OF TPANSPORTATION t BY: Director of Ad,ninisvration BY: (SEAL) As to rhe Department y Executive Secrctay 1 Approved: Director or Road Operatioes 6-5-74 __TIn1tiaIs) (Date) Pl1DLIC BODY Dl':^�� Title:jj,a firman _ AT'lEST: r��11s.tL,_ ��i��hSLAI) Approved us to form, legality and execution. ASslstant Attorney r7l EXHIBIT "A" MAINTENANCE AGREEMENT S(3100L SIGNS MD FLASHING SIGNALS This Exhibit "A" forms an integral part of that certain Traffic Signals Main•tanance Agreeiient beniaen the State of Florida Department of Transportation and the :County of Indian River Dated June 5. , 19 74. LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: STATE TRAFFIC 30B SR OPERATIONS NO. h0. NO. 88010-3508 5 IMM101: SR -5 (U.S.1) at 19abasso Iilevientary Scilool, and South 1.6th Street at Vero Beach Sr. High School. • RESOLUTION No. 74-51 ® WHEREAS, ORANGE BLOSSOM COACH LINES, INC. has filed an application with the Florida Public Service Commission in Docket No. 74291 -CCB, Requestigg authority to transport passengers on regular routes or by charter together with the right to transport light express and baggage on the routes designated therein, and WHEREAS, there appears to be a need for such service in Indian River County, Florida, and WHEREAS, the granting of the application by the Florida Public Service Commission would fulfill a public need, and WHEREAS, the only other regular route bus service in Indian River County, to -wit: "Greyhound" is not serving the public in the manner proposed by the applicant, and WHEREAS, Applicant notified "Greyhound" of the public hearing conducted by this Commission. NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Indian River County, Florida, that it finds that there is a need for the type of service proposed by this applicant and this Board endorses the efforts of any applicant who will provide this needed service to Indian River County. Be it further resolved that a copy of this Resolution be presented to the Florida Public Service Commission at a hearing on the application. BOARD OF COUNTY COMMISSIONERS By: r , / "o Chairman This Resolution was duly adopted on June 5th, 1974. SERVICE 017 CH PROPOSED RO FIT EFFECTS S [ DIIANCRI\ 1�R COL NTY,� FLORIDA II`IC, AS The following is a summary of the intents and purposes of 11 Orange Blossom Coach T..lnes, Inc. , a [?Ior13a Corporation, which has a pending application before the Florida i-lablic Service Commission, with regard to the providing of regular route common carriage service by 1x,- to x -to Indian River County as well as the counties of Martin, St. ',ucle, Okeechobee, Brevard, Osceola, Orange, Seminole and Folk. Orange Blossom Coach ',Ines, Inc. has as its principals Edward and BEtty Deets whose lives have been levoted to the providing of better public transportation in moth the Northeast and Southeast united States. In general, Orange Blossom Coach I,Ines, Inc. proposes to run regular route service through the Vero '.'z ach area via one route. The route which will directly effect to Tian River County specifically Vero Brach will originate in Stuarr. an.l make its way up the coast along ASA to Melbourne where it will then prccrc,.I to SeaworlJ. Alalt Disney ,Hori:i, Circus World, 'I'nrzan !,an I and Cypress rardena with a return trip the same lay over the same route, 'Rte actnzl route is lescribeI on Nxhibit ''A" which is attache i hereto. Also attache I to this statement as Fxhlhits 'B" and "C" are the proposed time schedule ani prop -set fares for th^ above fescribed roiac.. The ixirpose of tht4 application is, of course, to provide a s+^rvlce to the Vero Beach area which has heretofore not been rendered by any innjor hus line: namely the transport of passewrers be they tourists or rest. - dents to the major Central Plorida attractions on a ,laity basis. f)ur application also to provide light f•xpress, that Is small light freight package transpoa-i:. RODGERS, RODGERS & WAGNER ATTORNEYS AT LAW 100 S. ORANGE AVE. ORLANDO, FLORIDA 32801 L: Xi -I [131 1- "n" PROID ROUTES ° OtiTE 1 art - Stuart, .Vest Ocean Blvd. to U.& Hiway AIA. Al North to (lort erne, AIA from fort Pierce to Wn bacb. AIA tom Vero Beach North ® S. R. 516, S. R. 416 Wlrst to MalhateM. U.S. Highway 102 went from (bourne to interstate 4, ktexsl 4 >iw to Saaworld, interstate 4 vest Walt Disney Wbrid. from Whit 01OW %VMd hO rstM 4 Went to U. S. II.Oway 27. U. S. Hlghwey 27 SM& to Chvw Waid, tnxn Circus Wbrld '. S. Highway 27 South to L R. 54 & L 541 Woo to Cypress Gardens rminstion point. Revan trip over aaeas rouge. • • R ),.tie 1 I PLACE Stuart Fort Pierce Veno Beach Indialantic Melbourne Kissimmee Sea World Walt Disney Wor'c.i Circus World Tar Zan Land Gypress G;i: it l h PLACI: Cypress (;a t dean ti Tarzan I.,and Ci rcus WO 10 Walt Disnr�, VY ,; I•.': Sea World Kissimmee Melbourne Indialantic Vero Beach Fort Pierce Stuart I \I I I ..1Z.. 'R(�PUSED SERVICE SCHEDULE ARRIVAL TIME Route commences 8:00 a. M. 8:30 a. m. 9:30 a. m. 9:45 a. m. 10:50 a. M. 11:25 a.m. 11:50 a. M. 12:10 p. in. 12:25 p rr. 1:00 t> n• i--Tt i. N ARRIVAL_ rimi: Route common ,•, 4:25 1,. nl 4.40 p. u, 5 10 P n 0:55 p to 7:10 p in. 8.10 p i 8:40 p. in. 9.15 p. to DE;PARTI. R l 11ML 8:05 •, gin. 8:35 .i m. 9:35 i ;n. 9:50 a.m. 10:55 1 1 : 30 11:55 a m 12:15 P. 'n. ! 2:30 n. jute tPT1,11, A;r•R Di-TAR"IIJREi 11ME: j 4:0I) �• rY i 4:30 4:45 p. nl S i 6:()O 1' n,. I 4s I t k.�urr termm�tes I 40 1-X1111311' "C" RA,rE SCHEDULE* *All rates cine -way fare. 10% discount on round trip fares. )U"1 -E 1 0 U U (0 u H OQ C to Q am .uart -- - 1.40 2. 25 4.00 4.25 6.45 6.95 7.60 8.05 8.50 8. (A 10.00i t. Pierce 1.40 ---- .85 2.60 2.85 5.05 5.55 6.20 6.65 7.10 7.201 8.60 'era Beach 2.25 .85 ---- 1.75 2.00 4.20 4.70 5.35 5.80 6, 25 6. 35 7.75 25 2.45 2.95 3.60 4.05 4.50 4.60 6.00 tdialantic 4.00 2. 6U 1.75 lelbourne 4.25 2.85 2 00 . 25 ---- 2.20 2.70 3.35 3.801 4.25 4.15 5.75 i t. Cloud 6. 4.5 5. 05 i 4. 20 2. 45 2. 20 . - - - .50 1. 15 1. 601 2.05 1 ` 3. 55 'issimmee 6.95 5-55 I4. 70 2.95 2.70 .50 - - - - .65 1.10 1.55 I n 0.5 i ea World 7. 60 6. A 5.35 3.60 3.35 1. 15 65 - - .45 .90 1.()o 2.40 Valt Disnev Worl 8.05 6.65 5.80 4,05 3.80 1.60 1. 10 .45 ---- .45 55 1.95 Ircus World 8.50 7. 10 10. 25 4.50 4. 25 2.05 1. 55 .()0 45 - -- - 10 1.50 arzan Laru1 8.60 7. �60 L(7) 35 4. 60 4.35 2. 15 1.65 1.00 . 55 .10 ---- 1.40 ;ypress Gardens 0. 00_ S.75 6.00 5.75 3. 55 3. 05 2. 40 1.95 1,50 1.40__ -__-_ RESOLUTION No. 74-52 WHEREAS, the Board of County Commissioners of Indian River County, Florida, has heretofore in cooperation with the City ® Council of the City of Vero Beach, Florida, established a Bicycle Path Study Committee, and ` WHEREAS, said Committee has proposed an integrated bicycle trail system for Indian River. County and Vero Beach, Florida, and WHEREAS, there are presently sidewalks along certain primary roads in Indian River County and in Vero Beach, Florida, that are suitable for bicycle trails and are part of the proposed integrated bicycle trail system for the County and City, and WHEREAS, the Department of Transportation by law under the authority of Florida Statute 335. 065 "shall cooperate" in the develop- ment of integrated bicycle trails and has the authority to designate bicycle trails, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that it requests the Department of Transportation, State -of Florida, to designate the existing sidewalks on each side of State Road 60 from 20th Avenue in the City of Vero Beach to Kings Highway, State Road 505A as a designated bicycle trail. BO_iRD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By_a Chairman AT L'ST- This 20th day of June 1974, Clerk It. d RESOLUTION NO. 2571 WHEREAS, the Bicycle Path Study Committee of the City of Vero Beach, Florida, has proposed an integrated bicycle trail system for the City of Vero Beach and Indian River County, Florida; and WHEREAS, the Bicycle Path Study Committee in this regard has received the assistance and cooperation of the Board of County Commissioners of Indian River County, Florida; and WHEREAS, there are presently sidewalks along certain prim- ary roads in the City of Vero Beach and Indian River County, Florida, that are suitable for bicycle trails and are part of the proposed integrated bicycle trail system for the City of Vero Beach and Indian River County; and WHEREAS, the State of Florida, Department of Transportation by law under the authority of Florida Statute 335.065 "shall cooperate" in the development of integrated bicycle trails and has the authority to designate such bicycle trails, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, that the State of Florida, Department of Transportation is requested to designate the existing sidewalks on each side of State Road 60 from 20th Avenue in the City of Vero Beach, Florida, to Kings Highway, State Road 505A in Indian River County, Florida, as a designated bicycle trail. c '(lam ' THIS f day of June, 1974. CITY OF VERO BEACH, FLORIDA Arthur R. NeT rgePF1 a or Attest: � L L-Ld� --- _ Claire M. Young, City lerk 4P • RESOLUTION NO. 74-63 WHEREAS, the Zoning Commission of Indian River County, rior- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the following described property owned by Harry M. Day and Robert A. Cairns, (Trustee), to be known as "Indian River `trails," situated in Indian River County, Florida, to -wit: R--1 Single Family District, R-2 Multiple Family District, C-1 Commercial District, and A -Agricultural District, be changed to the following districts, as described. Parts of the N.E. 1/4, the S.E. 1/4, and the S.W. 1/4 of Section 15, Township 32 South, Range 39 East, more parti- cularly described as follows: Beginning at a point on the West line of the W. 1/2 of the N.E. 1/4 of said Section 15, said point being 1,245' South of the N.W. corner of the W. 1/2 of the N.E. 1/4; proceed- ing thence South along the West line of the N.E. 1/4 a dis- tance of 1,410.28' to the S.W. corner of the N.E. 1/4; thence West 1/4 mile to the N.W. corner of the N.E. 1/4 of the S.11. 1/4; thence South, a distance of 1,275.22' to the North line of the North Relief Canal; thence Easterly along the North line of said canal to intersection with the West line of the Florida East Coast Railroad Right -of -Way; thence Northerly along the West line of said Railroad Right-of-way a distance of 1,284.51; thence West a distance of 880'; thence North a distance of 1,6751; thence West to the point of beginning, excluding Lateral "G" canal and containing 119 acres more or less. To be zoned R -2B Multiple Family District. Tracts 17, 18, and 21 through 32 inclusive, in the South 1/2 of Section 9, Township 32 South, Range 39 East; And that part of Tract 4 lying West of Lateral "G" canal and Tract 5, (Savannah)(Less Canal), and that part of the S.E. 1/4 of the N.W. 1/4 lying West of Lateral "G" canal, all in Section 15, Township 32 South, Range 39 East; and including the N.W. 1/4 and the N.E. 1/4 of Section 16, Township 32 South, Range 39 East, containing 547 acres more or less. To be zoned R -2A Multiple Family District. Parts of the N.E. 1/4 and S.E. 1/4 of Section 15, Township 32. South, Range 39 East, more particularly described as follows: Beginning at a point on the East line of the S.W. 1/4 of � the N.E. 1/4 of said Section 15, said point being 464.37 North of the S.E. corner of the S.W. 1/4 of. the N.F. 1/4; proceeding thence South, a distance of 464.37' to the North line of the S.L. 1/4; thence East a distance of 276.94'; thence southeasterly along the West line of the Florida East Coast Railroad Right of Way, a distance of 3501; thence West a distance of 8801; thence North a distance of 7401; thence East a distance of 510' more or less to the point of beginning, containing 10 acres more or less. To be zoned B-1 Commercial District Part of the W. 1/2 of the N.E. 1/4 of Section 15, Township 32 South, Range 39 East, more particularly described as follows: Beginning at a point on the West line of the West 1/2 of the N.E. 1/4 of said Section 15, said point being 1,245' South of the N.W. corner of the W 1/2 of the N.E. 1/4; pro- ceeding thence North a distance of 1,245' to the N.W. cor- ner of the W 1/2 of the N.E. 1/4; thence East along the North line of Section 15 a distance of 843.54' to the West line of the Florida East Coast Railroad Right of Way; thence Southeasterly along the West line of said Railroad Right -of - Way a distance of 1,741.42' to the East line of the W 1/2 of the N.E. 1/4; thence South along the East line of the W. 1/2 of the N.E. 1/4, a distance of 5101; thence West, a distance of 510'; thence North, a distance of 9351; thence West to the point of beginning, containing 40 acres more or less. To be zoned LM -1 Restricted Industrial District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. 40 RESOLUTION NO. -74-54 WHEREAS, the Zoning Commission of Indian River County, Florida, did, after public hearing, make its final report recommending changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said re- commended changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in interest and citizens were heard; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the following described property owned by Eric S. Koppelman, Charles F. Rattray, Jr., Donald L. Ames, James E. Copeland, and John T. Dayton, As Trustees, represented by James L. Beindorf, Engineer, and Byron T. Cooksey, Attorney -at -Law, situated in Indian River County, Florida, to -wit: The N 1/2 of NW of 1/4 of NE 1/4 of Section 36, Town- ship 32 -South, Range 39 -East, Indian River County, Florida, containing 20 acres more or less; less any road rights -of way. Be changed from R-lA Single Family District to B-1 Planned Business District. All within the meaning and intent and as set forth and described in said Zoning Regulation. RESOLUTION NO. 74-55 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River i County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the following described property owned by Dormal W. Allen, Whispering Palms Mobile Village, situated in Indian River County, Florida, to -wit: That part of the South 1/2 of the North 1/2 of the N.W.1/4 of the N.E. 1/4 of Section 20, Township 31. South, Range 39 East, lying West of U.S. No. 1 and East of the F.E.C. RR, and also that part of the South 1/2 of the North 1/2 of the N.E. 1/4 of the N.E. 1/4 of said Section 20 lying West of U.S. No. 1, less the Westerly 60.00 feet parallel to the F.E.C. RR., containing 8.016 acres of land, together with; The Easterly portion, measuring 210.00 feet on the Norther- ly Line and 430.00 feet on the Southerly Line, of that por- tion of the North 1/2 of the North 1/2 of the N.W. 1/4 of the N.E. 1/4 and the North 1/2 of the North 1/2 of the N.E. 1/4 of the N.E. 1/4 of Section 20, Township 31 South, Range 39 East, lying between U.S. No. 1 and the F.E.C. RR, contain- ing 2.424 acres of land, together with; The South 10.71 Acres of that part of Section 17, Township 31 South, Range 39 East, lying between U.S. No. 1 and the F.E.C. RR., less the East 300.00 feet of the North 40.00 feet of the aforesaid 10.71 acres, less the West 72.50 feet parallel with the F.E.C. RR., and adjacent thereto, of the aforesaid 10.71 acres, containing 9.651 acres of land. The total acreage of the above described lands is 20.091. Be changed from C-1 Commercial District to R-lMP Mobile Home Park District. The Westerly 60.00 feet of and parallel to the F.E.C. RR., of that portion of the South 1/2 of the North 1/2 of the N.W. 1/4 of the N.E. 1/4 of Section 20, Township 31 South, Range 39 East, lying West of U.S. No. 1 and East of the F.E.C. RR., contain- ing 0.504 acres of land, together with; The Westerly part, measuring 842.14 feet on the North Line and 622.42 feet on the South Line, of the North 1/2 of the North 1/2 of the N.W. 1/4 of the N.E. 1/4 of Section 20, Township 31 South, Range 39 East, lying West of U.S. No. 1 and East of the F.E.C. RR., containing .6.096 acres of land, together with; The Westerly 72.50 feet, concentric and parallel with the F.E.C. RR., of the South 10.71 acres of that part of Section 17, Town- ship 31 South, Range 39 East, lying between U.S. No. 1 and the F.E.C. RR., containing 0.784 acres of land, together with; The Westerly 150.00 feet of the South 120.00 feet of the land conveyed to Mae Aker by deeds recorded in Deed Book 60, Page 151 and Deed Book 61, Page 303, Indian River County Records, and containing 0.414 acres of land. The total acreage of the above described lands is 7.798. Be changed from C-1 Commercial District to R-1TM Transient - Mobile Home District. 17�1 All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. • A,. RESOLUTION No. 74-56 STATE OF FLORIDA COUNTY RE50LUTION ON USE • OF SECONDARY ROAD FUNDS ® YEAR 1974-1975 COUNTY OF INDIAN RIVER WHEREAS, under the provisions of Section 206.47, Florida Statutes and Section 9, Article XII Constitution of the State of Florida, the Florida Department of Transportation will receive a portion of the sur- plus of this County's pro -rata share of the 5th and 6th cent gasoline tax to be used within this County; and WHEREAS, under the previsions of Section 339.08 and Section 339.081, 1 Florida Statutes, the expenditure of such funds shall be as prescribed by regulations of the Department and pursuant to an adopted resolution by this Board of County Commissioners; and WHEREAS, under the provisions of Section 334.21, Florida Statutes, the County is required to submit to the Departl^ent of Transportation a plan of work for the construction and maintenance of roads and streets within its jurisdiction for the five-year period beginning j.l3' 1. 1974, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Florida Department of Transportation is hereby re- quested to use the aforesaid funds for the purposes and projects listed In EXHIBIT "A" attached hereto and made a part hereof and that the Depart- ment consider the listed items in accordance with priorities shown and to the extent of available funds in the preparation'of its annual program of work for the above -listed f;scal year with the remaining requests con- stituting a continuing program to be scheduled in accordance with --sti- mated available funds during the succeding four years. 2. That the actual scheduling of work by the Department on the re- quested projects be in the order of priorities listed insofar as is rracti-able, '•ut not to the extent of retarding the whole program or pre- cluding the grouping of similar type projor_ts in one construction contract. 3. That allocations and expenditures of funds by the Department shall not be restricted by an w.timate of cost shown herein, and that I-) 40 this Board coeurs in the use by t:.c Department of any available funds necessary Incidental to making those road projects listed in Exhibit "A" fully operating facilities within the termini described in.said Exhibit, and as shown on the accompanying map. 4. That if, at any time, this County's secondary funds programmed allocations become over or under -programmed in the amount of 10%, the De- partment will adjust the Secondary program with the approval and recom- mendations of this Board to bring said program into balance. 5• That the methods and standards employed by the Department for the determination of major improvement features, including specific alignment, types and width of pavement, types of materials, and the De- i partment's standard specifications for construction are concurred in and approved by this Board. PASSED AND DULY ADOPTED ;,i OPEN SESSION _ June 19, 1974 ATTEST: BOARD OF COUNTY COMMISSIONERS OF INDTAN RIVER COUNTY, FLORIDA 1 BY ALMA LEE LOY, CHAIRY4 40 1. 11 () CI 11 11 t• c1 t"1 rl rt Cl rH .- W I tl C: I 4CI V1 '. -A hj I~ r] U 1-1 U Cn C; 0 :3 •.-I O > V 41 C) C. •ri C1 .p 4j 0 N • •ri r� � UW Q C. w 4 F W aJ -ri 0.-3 H U 4-3 rUJ H rJ •ti •-{ C2 O •,1 q N O > r .. .{� CI C) x �1:: 4-) w 1 U) ( .1J • { •1J U "C) .r{ � $ N U] O Sa r3 1, { C) rJ • J •t: U •-1 4.1 F: S -I O r ft $t X. Cl f-'+ Nr- U-1 N O O .0 U N U It CI t!J CI U U O « )t 1.1 r r. C2 a] (1 to •1 � •rl SI q 11 11 ('1 1 II 11 11 1�1 Ln •-4 Ln O Ol O Q . W cl T Ol O a C u U -( . •.L O G J v• U G } v CI r; C L 7 G N H E -4 a L, U U U U V C) N r1 ] 17 u H r! C 0 G cd rL cJ N H _ 0 H .a O .o O Ln > d O G , p r� ru � a w r� ec C: er L N N o u y C• O fYi R' L O v, O N • t^ O N u b 11 �v���f/T,�ti .-. 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P4 C n AL1 >1 o$4ro 3 z U R. off 41 W W 'O O0 + -+ r♦ O r Cr fo 4 1-i Uf A CT z fa c, �+ O o fn .-A c. - V (1)N r n n cn n • Ui [i (11 f:1 �'• c: J J �t • ' 7+ ff C. • c. , N C•1 t P; � r 40 i RESOLUTION N0.74-57 WHEREAS, THE INDIAN RIVER COUNTY COUNCIL ON AGING, INC. has made a request to this Board for office space in the county building housing the county welfare office, and WHEREAS, this Board has determined that space is available and there is presently no other governmental need for said space; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County that it agrees to enter into a Lease arrangement with the Indian River County Council on Aging, Inc., a non-profit corporation administering federal funds under Title 3 of the Older American Act for space in the county owned building housing the county welfare office and hereby authorizes the Chairman and the Clerk to sign a Lease on behalf of this Board leasing said space to the Indian River County Council on Aging on a month to month basis for $1. 00 per year annual rent. aATTET;rj!/ 4 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, F ORIDA B a.., Chairman 40 RESOLUT I M) N0.711-58 RESOLUTION AND DEVELOPMENT ORDER WHEREAS, HARRY M. DAY and ROBERT CAIRNS, having made application for approval of a Development of Regional Impact under the provisions of Chapter 380, Florida Statutes for a project known as Indian River Trails II, D. R. I. No. 674-20, and WHEREAS, said application was approved by the East Central Florida Regional Planning Council, and WHEREAS, this Board did hold a public hearing as required by Chapter 380 and did determine that this project was consistent with and did meet the requirements of Chapter 380 and the Indian River County Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, that the D. R. I. Application of Indian River Trails II is hereby approved and Harry M. Day and Robert Cairns are hereby granted a Development Permit under Chapter 380, Florida Statutes. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 13y ATTEST: Chairman C erk I HEREBY CERTIFY that the above Resolution and Development Order was duly passed by the Board of County Commissioners of Indian River County, Florida, in the regular meeting held June lq 1974, Cler ! �— 40 RESOLUTION No. 74-59 WHEREAS, this Board did previously determine that 40M there was a need for a volunteer youth guidance program in Indian River County to coordinate youth guidance programs, and WHEREAS, said program is eligible through the Bureau of Criminal Justice Planning and Assistance for federal Law Enforcement Assistance Administration grants, and WHEREAS, this Board has been notified that the total project cost for the 1974-75 year for the Volunteer Youth Guidance Program in Indian River County will amount to $13,250.00 , and WHEREAS, L. E. A. A. will fund $11,250.00, State of Florida $625.00, and Indian River County, Florida, must fund 10% or $1,375.00 in order to continue this project, NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, that the Volunteer Youth Guidance Program shall be continued for another year, that Indian River County will contribute $1,375.00 as their share of the 1974-1975 budget for said program. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By c, _ Alma Lee Loy, Chair n + ATTEST: 'Clem This.:ROsolution was adopted July 10, 1974. 40 G RESOLUTION NO. 74-60 1. The Board of County Commissioners of Indian River County, Florida, resolve: 1. That a petition has been filed with this Board request- ing this board to renounce and disclaim any right of the county and the public in and to all lands or interest acquired for street, road, or highway purposes and park purposes in that area described hereafter: Harbor Lane and Island Drive and Parks A and B shown as Tracts A and B, all as shown on the Plat of St. Christopher Harbor Subdivision as recorded in Plat Book 4, Page 14, public records of Indian River County, Florida. In exchange for the owner conveying to Indian River County, the East twenty feet of said St. Christopher Harbor Subdivision; the board has determined that none of these streets and parks above described now constitute or were acquired for a state or federal highway or park and none are located within the limits of any incorporated municipality and the board has declared that a public hearing would be held to consider the advisability of granting the request and that a public hearing would be held before this board in the County Commissioners Room in Indian River County Courthouse, Vero Beach, Florida, at 10:00 A.M. on July lo, 1974 at which time, persons interested may appear and be heard. 2. This board did publish notice of such public hearing one time on the 27th day of June , 1974, in the Vero Beach Press Journal, a newspaper of general circulation in said county, said publication being at least two weeks prior to the date stated for the public hearing as will more fully appear by Proof of Publication thereof filed in the minutes of this meeting. At the time and place stated, the board did hold the advertised public hearing and all persons interested were heard and this board did determine that the streets and parks described above are not located within the limits of any incorporated municipality and were not c acquired for and are not now being used for state or federal high- ways or parks. 3. The Board of County Commissioners does herewith renounce and disclaim any right of the county and the public in and to the streets and easements and .parks described in Paragraph 1, and does herewith vacate, abandon, discontinue and close all of the same. 4. Notice of the adoption of this Resolution shall be published one time within thirty days following its adoption in one issue of the newspaper of general circulation published in the county. The Proof of Publication of Notice of the public hearing and certified copy of this Resolution and Proof of Publication of the notice of the adoption of this Resolution shall be recorded in the Deed Records of. Indian River County, Florida. STATE OF FLORIDA COUNTY OF INDIAN RIVER I, RALPH HARRIS, Clerk of the Circuit Court of Indian River County, Florida, and ex officio Clerk of the Board of County Commissioners, do herewith certify that the foregoing is a true and correct copy of Resolution 74 - duly adopted by the Board of County Commissioners of Indian River County, Florida. WITNESS my hand and official seal this loth day of July , 1974. ✓// 'K Tir1 Cler epuy� er 74-G1 RESOLUTION No. WHEREAS, this Board has adopted a Gas Code for Indian River County, Florida, and, WHEREAS, said Code calls for this, Board to estab- lish fees for Permits. NOW, THERIEFORE, BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, that , the following schedule of Fees is hereby established . (a) GAS (The following shall include bottle gas) For the first outlet and/or appliance 3.00 For each additional outlet and/or appliance 1.00 For change from a master to an individual meter 2.00 For multiple meters at one location: For first meter 2.00 For each additional meter 1.00 For major repairs to gas pine ..;here no fixture or appliance installation is involved 2.00 (b) BOILER'S Minimum permit fee for installations not to exceed $100 5.00 Each ;500 or fraction thereafter 2.00 (c) FURN_10ES AND 11E.1TING EQUIPMENT PER UNIT I-Si:1LLE.D For the J:irsi_ •200, 000 13TLI per hour or fractional. part 4.00 For eaci? additi.onr�l. 100,000 TITU per hour or fractional. part 2.00 cote: The rating of furnace and heating ec;uip:cent shnii 1) based on t.hi� 117TU in?u o'= fuel us, d per hour. This Resolution will become effective on July 10, 1974. RC] [40 RESOLUTION No. 74- 62 WHEREAS, this Board has adopted a Mechanical Code for Indian River County, Florida; and, WHEREAS, said Ordinance provides that this Board estab- lish a schedule of Fees for Permits issued under said Ordinance, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the following schedule of Fees is hereby established for the issuing of Mechanical Permits: MECHANICAL PERMIT FEES (a) For issuing each Permit $3.00 (b) AIR CONDITIONING AND REFRIGERATION For the purpose of charging fees, 1 ton of refrigeration will equal 12,000 BTU's per hour or 1 H.P. total connected loan The first 5 tons or fractional part 5.00 The next 5 tons up to and including 10 tons - per ton 1.00 Over 10 tons - per ton additional 2.00 All major repairs or replacements, same fees as above. WINDOW UNITS OR WALL UNITS(Where no construction work is involved in the building or duct work attached) For the first 5 units - each 3.00 For the next 50 units - each 2.00 For the next 100units - each 1.50 All others - each 1.00 11 -i (c) Fee for Re -Inspection. In case it becomes necessary to make a re -inspec- tion of a Heating, Ventilating, Air Conditioning or Refrigeration System, the installer of such equipment shall pay a Re -Inspection Fee of Five ($5.00) Dollars. (d) Temporary Operation Inspection Fee; For inspecting a Heating, Ventilating, Re- frigeration, or Air Conditioning System, a fee of Five ($5.00) Dollars shall be paid by the Contractor requesting such inspection. If the system is not approved for temporary operation on the first inspection, for each subsequent inspection for such pur- pose, the usual Re -inspection Fee will be charged. (e) In all buildings except one and two family dwellings using self-contained Air Conditioning Units less than two tons, the fee charged shall be that for the total tonnage of all units combined (see Paragraph (a) above for rate). Minimum fee shall be Five ($5.00) Dollars. (f) Boilers based on BTU Input: 33,000 BTU (1 BHP) to 165,000 (5 BHP) $5.00 165,001 BTU (5 BHP) to 330,000 (10 BHP) 10.00 FEES: (cont'd) 330,001 BTU ( 10 BHP) to 1,165,000(52 BHP) $15.00 1,165,001 BTU (52 BHP)to 3,300,000 BTU (98 BHP) 25.00 Over 3,300,000 BTU 35.00 (g) Re -inspection Fee, in aase it becomes necessary to make a re -inspection of the installation of a Boiler, the person, firm, corporation or owner to whom a permit is issued shall pay for each re -inspection a fee of Five ($5.00) Dollars. This Resolution will become effective on July 10, 1974. RESOLUTION No. 74-63 BE IT RESOLVED by the Indian River County, Florida, Board of County Commissioners that application fees are hereby established as required by the Indian River County Ordinances for services per- formed by various County Departments, Boards and Commissions as follows: 1. Site Plan Review $115.00 a. Mobile Homes -under special 10.00 b. Fences Exceptions 10.00 2. Planned Unit Development 300.00 3. Zoning Change Single Family Dwelling 50.00 � All other changes 100.00 4. Board of Adjustment (Variance) 30.00 5. Development of Regional Impact (Cash Deposit) 600.00 6. Mining Permit 100.00 7. Mining Permit Annual Renewal 25.00 8. Subdivision Review - 10 acres or less 50.00 More than 10, less than 40 acres 75.00 More than 40, less than 100 acres 150.00 All over 100 acres 200.00 9. Zoning Permit Prior to Building Permit (Includes zoning certificate for use and address) 5.00 All monies collected shall be deposited in the: General Fund of Indian River County. This Resolution will become effective on July 10, 1974 RESCIA ON NO. 76-66 WHEREAS, C. R. HATCH, JR., holder of Tax Certificate O No. 236 issued on the 31st day of May, 1968, did on December 22, 1972, make application for a tax deed on the South 1/2 of the North- West 1/4 of the Northeast 1/4 of the Southwest 1/4, LESS that to Powell et al, section 29, Township 31 South, Range 39 East, and WHEREAS, C. R. HATCH, JR., was the highest bidder on said property which was sold by the Clerk of the Court on February 5, 1973, and WHEREAS, Florida Statute 197.520 requires the Clerk of the Circuit Court to set the base bid on tax sales at an amount necessary to pay all costs and redeem all other tax certificates, and WHEREAS, from the proceeds of said sale, Tax Certificates Nos. 1.33, sale of June 1, 1967, and Certificate No. 215, sale of May 31, 1972, were not redeemed, and WHEREAS, by law such certificates should have been redeemed and WHEREAS, after payment of all costs of sale and redemptions of other tax certificates,an excess of $758.62, was held by the Clerk of the Circuit Court for the required statutory period and then paid into the General Fund of Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that the Clerk is authorized to pay from the General Fund to Gene Morris, Tax Collector, for the redemption of Tax Certificate 215 the amount of $50.07 plus $10.68 due in interest $5.00 Collector's fee, for a total of $65.75, and for the redemption of Tax Certificate No. 133, the amount of $33.74 plus $20.69 due in interest plus the Collector's fee of $5.00 for a total of $59.43. BOARD OF COUNTY COMMISSSDNFRS OF INDIAN RIVER C06NWYy FL( A B 144'or Alma Lee I,g, Chairman ATTEST: /; - Clerk RESOLUTION No. 74-65 ® WHEREAS, the Water Resources Act of 1972, hereinafter palled "Act", passed by the State of Florida created various 9 A water management districts throughout the State; and WHEREAS, Indian River County, hereinafter called "County", is currently a member of the Central and Southern Florida Flood Control District and is required by the "Act" to transfer to the newly established St. Johns River Water Manage- ment District by July 1, 1975; and WHEREAS, the "Act" provides a vehicle for parts of a water district to form subdistricts for the purpose of recognition and funding; and WHEREAS, "County" has recognized the management of waters to be one of the highest priority items in its work program; and WHEREAS, "County" feels that an environmentally sound Upper St. Johns River Basin Project is most important to the conservation and management of water in the County; and WHEREAS, it is projected that the Upper St. Johns River Basin Project will reach final design, contracting, and completion by July 1, 1982; and WHEREAS, the "County" feels that its problems are current and the newly established St. Johns River Water Management District has not resolved the constitutional, legal, and operational issues in order that they can immediately react to these problems; and WHEREAS, the Central and Southern Florida Flood Con- trol- District is a currently viable agency with the existing staff and fiscal capabilities to sponsor the Upper St. Johns River Basin Project and to immediately implement all aspects of the "Act". NOW, THEREFORE, BE IT RESOLVED by the Indian River Board of County Commissioners that: (1) The question of subdistricting be resolved in the negative; 4 (2) That Indian River County be allowed to remain in the Central and Southern Florida Flood Control District until ® July 1, 1982, while retaining an ex -officio membership in the St. Johns River Water Management District. On July 1, 1982, transfer to the St. Johns River Water Management District acquiring full voting membership; (3) That the Central and Southern Florida Flood Con- trol District complete its present proposed water management program as soon as possible; and (4) That the Central and Southern Florida Flood Con- trol District be responsible for implementing the Water Resources Act of 1972 in Indian River County, Florida; and (5) That the Indian River County Board of County Commissioners cooperate fully with the Central and Southern Florida Flood Control District to accomplish the resolutions herein set forth. DONE AND ADOPTED in regular session this 10th day of July_ , 1974. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By � Alma Lee Loy, Chairman ATTEST: Jerk / ��� O i LA RESOLUTION No. .74-67 WHEREAS, JAMES S. AYERS, has submitted his resignation from the Indian River County Zoning Commission, and WHEREAS, he has served with distinction on said Board and, WHEREAS, during his service on said Board his common sense, logic and persuasiveness greatly aided the Board in completing the redrafting of a new zoning ordinance for Indian River County, new zoning for Highway 60 which will preserve the beauty of the western approach to Vero Beach, the preparation of a comprehensive plan for Indian River County, and expeditious handling of/many con- troversial rezoning matters, and WHEREAS, the Board of County Commissioners wishes to publicly acknowledge his dedicated service; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Indian River County, that it regretfully accepts the resignation of JAMES S. AYERS from the Indian River County Zoning Commission; that on behalf of all citizens of Indian River County, it thanks him for his outstanding service and his efforts to preserve and improve the quality of life in Indian River County through zoning. His devotion to duty, sensitivity to public service and excellence in performance has indeed set an example for future members of the Board. His work has truly left a monument that will benefit this county far into the future. The Board of County Commissioners thanks him and wishes him good health and success in his future endeavors. ATTEST; Cleric % BOAR DOMI ISERS B 07 ���` W O G RESOLUTION NO. 74-U WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River. County, Florida; and, .. WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the following described property owned by Dorothea H. Cahill, Represented by Leo S. Cahill, Jr., situated in Indian River County, Florida, to -wit: The East 20 acres (less road right-of-way) of Tract 9, Section 9, Township 33 -South, Range 39 -East, according to last general plat of lands of the Indian River Farms Company, filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, now lying and being in Indian River County, Florida. Be changed from R-lA Single Family District, to A -Agri- cultural District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. .-q C RESOLUTION NO. 74-69 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the following described property owned by Alma Robertson, Represented by Edward Massey, situated in Indian River County, Florida, to -wit: Lots 6 and 7, Block 2, Cadenhead Subdivision, as per plat thereof recorded in Plat Book 5, Page 21, public records of St. Lucie County, Florida, said land now lying and be- ing in Indian River County, Florida. Be changed from C-1 Commercial District, to R-1 Single Family District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. 40 11, E S O L U 'T' I O N h10 . 74-70 WHEREAS, URBAN DEVELOPMENT U`T'ILITIES, INC. did 4 petition this Board for a rate increase, and WHEREAS, a public hearing was duly noticed and held, and WHEREAS, this Board did find an economic need for a rate increase, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That a rate increase is hereby approved for Urban Development Utilities, Inc. franchise as follows: Water $5. 20 for the first 2, 000 gallons of water $1. 00 for each 1, 000 gallons thereafter Sewer $5. 50 per month per hook-up BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FkO/RIDA By Z2U'"Gn Alma Lee Loy, Chairman ATTEST: C.lerkFi- T (copies to Urban h(avc-lopment) M 1 • ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER. DRITENBAS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 74-71 WHICH CANCELLS DELINQUENT TAX CERTIFICATES, RESOLUTION No. 74-71 WHEREAS, Florida Statute 196. 28(2), Laws of 1973, provides for the cancellation of delinquent Tax Certificates, and WHEREAS, Indian River County holds Tax Certificates Nos. 4, 5, 6 7, 8, 9, 12 and 14, tax sale of 1969, and WHEREAS, said Tax Certificates are on land now used and owned by the State of Florida as part of the right-of-way of Highway Interstate 95. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 1 i COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, That the following Tax Certificates are cancelled: No. 4 $26. 71 SEC 3-33-38 That part of E 10A of W 20 A of Tract 10 as in R Bk 287 PP 252 No. 5 $20.55 SEC 3-33-38 That part of Tract 15 lying Ely of Wly R/W line of State Rd No. 9 as in R Bk 287 PP 252 No. 6 $20.69 PARADISE PARK UNIT 3 That part of Lots 5, 7 & 16 as desc in R Bk 287 PP 252, Block C No. 7 $11.37 PARADISE PARK UNIT 3, Lot 14, Block C No. 8 $11.41 PARADISE PARK UNIT 3 Part of Lot 12 lying W of Ely R/W line of St. Rd No. 9 as in R Bk 287 PP 252 Block D iNo. 9 $19.49 PARADISE PARK UNIT 3 Lots 23 & 24, Block G No. 12 $12.27 PARADISE PARK UNIT 3, Lot 24, Block H No. 14 $ 6.85 PARADISE. PARK UNIT 3, Lot 13 lying W of Ely R/W of St Rd No. 9 as in R Bk 287 PP 245 Block Q BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Y Ba4eZv�� Chairman ATTEST: Clerk, RESOLUTION NO. 74-72 WHEREAS, the Indian River County Zoning Commission has approved after public hearing the zoning classifications as indicated on the attached map, and WHEREAS, this Board did advertise and hold a public hearing on August 7, 1974, and WHEREAS, testimony and arguments were heard by this Board; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the County Zoning maps shall be changed to reflect the zoning classi- fications as contained in the attached map. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA by ATTEST: RESOLUTION NO. 74-73 WHEREAS, Indian River Cablevision, Inc. has petitioned this Board for a rate increase and WHEREAS, this Board did hold a public hearing on said increase, and WHEREAS, the petitioner did submit evidence showing an economic need for said increase, NOW,THEREFORE, BE IT RESOLVED by the Board of County Con'missioners of Indian River County, Florida that Indian River Cablevision, Inc is authorized the following rate increase, effective September 1, 1974. 1. Residential -Commercial single outlet monthly service charge from $5.50 to $6.05 per month. 2. Residential each additional outlet from $1.25 to $1.35 per month. 3. Conunercial each additional outlet from $2.00 to $2.20 per month. STATE OF FLORIDA INDIAN RIVER COUNTY I hereby certify that the foreegoinr thr is a true and correct copy of _- as filed in the public records of this Office. Witness my hand -and seal of office this_�—_�- day ofQ�- " 197_ RALPH HA IS, Clerk 11LG0I•UTI011 110. A RESOLUTYOt+ AUTti0RI7.xNG Atro OIPiCTat:c(�he0-0-1County ff6`rz 6ttru'tp coentativc pp Indian River County _ TO tMKU APPLICATION Fon ame of y xi�County//1-'4 itX'X X4 'nt}L� TEDERAL ASSISTAT;CE UNUEFF PUGffc LAN 92'00 CONSFRUCTIOt: GRANTS PRO— RAH- Whereas, Indian River Count���..� Florida propoced to p pica ) i� prepare a .r Taoci�i% es Pfan for the Indian River County 201 Planning District ams o ,n tort aencription of pro)cct for abatement of pollution: and Hhoroan it is doomed necessary and advinnble to seek federal assistance and/or state assistance for such planning study: t= THEREFORE, BE IT RESOLVED GY THE Board of County Commmisssioners ez_r_ OP Indj@n R1,� ri1iJ`- qy ZGnralsa on lc.ataa of+pp lcautl+— Floridat 1) That Jack G. Jennings, County Administrator �, be ani and Title Ot A%1tn Owl:: -(1 filer and tion on he is hereby authorl.zod to e):ccuto and file and the Enviroa-wntal .behalf of Indian River County Au oL i.ppri cant Protection Agency for assistance under -Public Law 92 500 s^t+age tt coHstruction grants for the preparation of the "2,01 sF,o=t1i,3' Pl crptEon for the Indian River County 201 Planning District. 1 Of re proje.E. 2) That Jack G. Jennina. Count Ady _Tei i ,,epreo,•___ r,_T be and he is nr�a c.el n 'i'1t a or the "ti)—orlac nh 5ticentnforin hereby nutherizud and di -acted to furnish such information as the knvironnontaF. Protection Agency ay:reasonably request in connection m With the application which is herein authorized to bc•Eilcd. , i APPROVED AND ADOPTED BY T33E Board 0f Count , rMU51foja d' II�1Ye% �i'rX�l�tlli:7F7CXx%xiJyryu t['tSl�r SC ut ty �cr.t)s��1cn/ I FLORIDA, TllIS /dL �p 197 ' i atej — IMont T (year) � • °r it S gnnturo�Lnyor Cha rman) ATTESTATION Z, Ka' )11 '3arri_s , C1-cr'.: Circui-t Court ams (Z�- court. for .�[(d7dILB1GCr Count.v Florida, do hczeby certify � atno of i,pf>Mant) ' that the Revolutiont:o. °%:`^%s true as paosod and adopted by tho of Board of County CoI•rnis.ioners__,_�_� "�i jZh v,iit,t :u ,), iyy Cviiici?%County ooT71�u on 1974 —IIlC1ldn fjly�r poUL1y , rl�ionr) orida on, of c, , (nano off apP1lcani l (days Z)o t ) • s 20cg)iaturo Wilit 1)!it All:: CNNiotoro-irtll Al 1111111 1 4:110.4 AGI NCY ASSUIIANCE 01' CUMPLIANCE FOR TITLE VI OF THE CIVIL RIGHTS ACT JF 19G4 AND SECTION 13 OF THE FWPCA AMENDMENTS OF 1972 ® NAh1I ANUOr AI'CCICANIE rli1CC11'NI/Nrnr(Ic mar GIIANTIOENTIFICAIION NUMI11:H GHANTAMOUNI' NAO relMd AS:URO111 HLS;;fro he complered by EPAJ HEOUESI EU Board of County Commissioners s 270,000 Indian River County TYPE OF GRANT County Courthouse C3UCMONSI RAT ION ❑Rr$FARCH1 OTRAININC Vero Beach, Florida 32960 MOTHILRlspeei(M Step I - "201 Facilities Plan' CHECK ONE: M -10v OCON71NUATION Illi Ui11Y AGHFUS TIIAT IT will comply will) Tille VI of lite Civil Rigllls Act of 1964 (P.L. 88•352) and all requirements of ilio U.S. linviruumcal:d Proleclitnl Agency (hi-febut ier rulh•41 kmicd pursuant to that title, Ili the end that in aceord:ntce wilh 3111c til RI• that Aci, no limito in lite tluiled Stales dt:dl, 0'1 lite gRmnd of race, color. or national origin he excluded from pailicip:dims In, be denied the benefits o1', er hr utllrrwise %ubjecicd 10 discrimination under any program or activity for which life &sono receives financial a %sislancr from EPA toil hereby gives asswanic that It will now and hereafter take all necessary ntcasere% locffCctuale this agR•coicot. IIIiltlillY AGRIA-'-% 1.11AT 1•I• will comply with all applicable require mils of Scclioo 13 ill' lire Federd Water Pollulion Control Act Antcudmenls of 11172 (111. 92-50U) and all requirements of GPA issued pursuant to that sctaion, to the end that in accordance with that section of that Act, no person in the Uoiled Stades shall, till the ground of sex be excluded front parlicipation in, he denied lite henelils of, or he otherwise subjected to disciintinalien miller ally program ur activity under the said Federal N'uter Pollution Conlmil Act Alnendincim mor which lite A%%toor occeives I Itmoicial amislanee from 1111A and hereby gives assurmcc that it will nowand nd hcrealler lake all necessary invasmcs to effectualc this apecumil. If any :r+i Imilinty or structure Ihcretin is provided ul bnproved with the aid of ftuancial assistance cxicndcd (o file A%sur mr by IiPA. Ibis A%stnmrcr Rhliga ics the Ass:Ror. tit. it lite case of any Transfer of such ploperiy, any Iransferee for lite pciiod derin! which rhe real pRlperly er slruclure r% used lin I purpose involving the Provisions of similar services or benefits. If auty pelsenal IuRlnrly iT sit prowdrd, Ilii% Assurance ebliples the Assurer for lite period during which it rclains ownership lel plimmiou of Ihr pmpvrly. In all olhcr caws. Iltis Assurance obligates lite Assutor for lite period during which lite financial assistance i% cmended to it by lil'A. 11111 ASSIIRANCH is givra in considcralion of and Air lite purpose of oblaining any a tid all Federal grunts, loans, contracis, pRi1wrly di%couuls er other ftuancial amislanrr eaelcuded after the date hereof to the Assurer by EPA including msfallincut payments after such dile ell acceunl for alrangl'Illems lir federal financial assistance which wcrc approved before such date. The Asir it reciigniics :Hill agrees That such Federal financial assistance will he extended in reliance on the representations and igrecmenis made lit This Asstuancc and Ilial life Unilcd Slaics sliall reserve lite riglil to seek judicial enforcement of this Assurance. this Amm:n:ce is bindmg on the Assmor, its successors, Iransferecs, and assignees, and the person or persons whose sign,ttute gipcar below are atilhoriml Ili sign Ihi% Assurance Rn behalf of the Assurer. Ihr obligalions assumed by the Assurer hereunder are in addition to any obligations which may be imposed on the Assurtir by any applicable « gillalion How oulsla ndhir, or which may hereafter be adopted by EPA it) effecluaie any provision ur goal of ilio said fide VI and all :applicable requirements el' file %:till Swim 13, mid no putt of this Assurance shall be read so as ld in any way delraci from or modify any obligalion which may be imposed on lite Assurer by any such regulation standing alone. GHAIUHr O{' 11 1 toy PImC mOC HAIHM N Oi' O HO OR GOMPAl1AOLE AUTHORIZED DATE r FICIAL 0 r%k ► �C� liJ I/ A Form 4700-1 (17— 6-141 ' Pl;�-rOus 1-01710H IS OnzOLETL' , 0OdI_IV COMMISSIONER �TEIIERT LEFT THF MEETING TO SEaVE ON THE CfVIVASING rInARO AT 19:25 O'CLOCK V1, RESOLUTION NO. 74 - 75 E WHEREAS, The Indian River County Council on Aging, Inc. has been grouped with St. Lucie, martin, Okeechobee and f Palm Beach counties in Region 10A since its inception on i ® July 1, 1974, and WHEREAS, it is understood that the Florida Board of I Administration is planning to transfer said Council on Aging to Region 6 as of January 1, 1975, there to be grouped with Lake, Volusia, Seminole, Orange, Brevard and Osceola counties, and WHEREAS, the Board of Directors of the Indian River County Council on Aging, Inc. has informed the Board of County Commissioners of Indian River County that, after most careful consideration of this proposal, it appears that such a move would be detrimental to the efficient op - oration of the Indian River County Council on Aging, Inc. and therefore would not be in the best interests of the senior citizens of Indian River County, for the following reasons: (1.) All persons now involved in the present operation have become sufficiently well acquainted to continue to work in close co-operation without interruption at this critical stage in their efforts to implement the objectives of the organization. (2.) It appears obvious that the population, environ- ment and social problems of Indian River County, from the standpoint of its older inhabitants, are more closely aligned with those of the counties in Region 10A than with those in Region 6. (3.) Geographically, it is much more economical and efficientih terms of travel, communications, con- venience and general expenses for the personnel of the Indian River County Council to operate fifteen miles from its Regional Headquarters than from a f distance of one hundred miles or more; and S 40 r WHEREAS, the Indian River County f.ouncil on Aging, Inc. has requosted the Board of County Commissioners of Indian River County, Florida, to bring the above facts to the attention of the Florida Board of Administration, to the end that said Council on Aging be allowed to remain in Region 10A, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that this Board, having no objection to the position taken by the Indian River County Council on Aging, Inc., does hereby refer the aforesaid matter to the Sec-.etary of the Florida Department of Admin- istration for the consideration of that Department, and BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded-tothe Secretary of the Florida Department of Administration, and to the Honorable Chester E. C1em,Jr., Florida House of Representatives (Dist. 48), and to Mr. George W. Tsismanakis, Executive Director, Gulfstream Areawide Council on Aging, % Indian River Community College, 3209 Virginia Ave. Fort Pierce, Fla. 33450. DULY PASSED AND ADOPTED IN REGULAR SESSION THIS_ 11th DAY OF op -pin SFr 1974. BOARD OF COUNTY COTiOISSIONERS INDIANRIVERCOUNY, - ORIDA % By ATTEST: Chairman Clerk, clircuit Court Indian River County, Fla. STATE OF FLORIDA COUNTY OF INDIAN RIVER The undersigned, Clerk of Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by said Board of County Commissioners at a meeting held on September 11, 1974, and which has been duly recorded. in the Official minutes of said Board. Witness my hand and seal of said Eoard this:�_� 12th da, Y of September 1974. CIS 2 - C: 40 RE.SOIXTIUN No. 74 - 76 WHERLAS, the, C'.oll:ititUtibn of the' II►eitcd States of America gives us the foundation for a freu, prosperous and indt.- pendant life for every citizeti, but each guuuration, in time, must work for and claim it; otherwise., through carelessness or indiffer- ence. the rights and liberties we have enjoyed may vanish; and WHEREAS, it is of the greatest consequence that the citizens fully understand the provisions and principles contained in the Constitution of the United States of America in order to be able to support it properly as, "The greatest document for human liberty in two thousand years of recorded history;" and WHEREAS, the people of the United States should be deeply grateful to their Founding Fathers for the wisdom and foresight they displayed in writing and adopting the Constitution; and WHEREAS, the independence granted to the American people to enjoy such freedom and liberty, unknown to any other country, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23. as designated by proclamation of the President of the United States • in accordance with Public I.aw No. 915; and NOW THEREFORE, DE IT RESOLVED. that The Board of County Commissioners of Indian River County, do hereby proclaim the week of September 17 through 23, 1974, as CONSTITUTION WEEK in Indian River County, Florida, and urge all our citizens to pay special attention during That week to our Federal Constitution and the advantages of American Citizenship. ' BOARD OF COUNTY CONL IMISSIONIERS INDIAN RI%'ER COUNTY..,hL1ORI1)i\, BY Alma Le_..e Loy, Chairman ATTEST: Clerk do RESOLUTION No, 714-77-a— WHEREAS, the following described property owned by the estate of Ed May was previously sold for taxes by the Clerk of the Circuit Court, and WHEREAS, after payment of all taxes, interest penalties and fees the sale produced an excess of $2, 073. 74 which amount the Clerk paid into the Board of County Commissioner's General Fund, and WHEREAS, by law the estate of Ed May is entitled to said surplus upon application and WHEREAS, said application has been made NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, the excess amount paid on the tax sale of the following described property, to -wit: Commence at the Northwest corner of the East 12. 50 acres of the West 20 acres of Tract 1, Section 28, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, Plat Book 2, page 25; said land now lying and being in Indian River County, Florida; thence run South along the West boundary of said East 12. 50 acres of said West 20 acres a distance of 300 feet to a point of beginning; from said point of beginning run South 250 feet; thence East 200 feet; thence North 250 feet; thence West 200 feet, to the point of beginning. EXCEPT the south 75 feet thereof. less Clerk's fees shall be paid to the Estate of Ed May. ATTEST: Jerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COU TY, LORI A 7 Alma Lee Loy, Chairman ,A iiI Board of County Commissioners Indian River County, Florida 40 APPLICATION Dear Members: This application is for funds turned over to tl{e County Commission as the excess proceeds of a tax sale on property located in Indian River County. The legal description of the property is as follows: Commence at the Northwest corner of the East 12. 50 acres of the West 20 acres of Tract 1, Section 28, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in the office of the Cleric of the Circuit Court of St. Lucie County, Florida, Plat Book 2, page 25; said land now lying and being in Indian River County, Florida; thence run South along the West boundary of said East 12. 50 acres of said West 20 acres a distance of 300 feet to a point of beginning; from said point of beginning run South 250 feet; thence East 200 feet; thence North 200 feet; thence West 200 feet, to the point of beginning. EXCEPT the south 75 feet thereof. This particur• v piece of property was assessed to a Mr. Rodney Cc, tis, who had tak.rn title to the property under an assignment for an ak:•eement for deed from a Mr. Ed May. Mr. Curtis was in default on his agreement for deed as a result of .vhich a foreclosure suit was instituted in the name of the Estate of Ed ZIn` since Mr. 1VIay had passed away on July 1, 1971. This particular suit was settled with Mr. Curtis giving back the pr -,nerty under a Quit Claim Deed dated prior to the date of sale, a copy o' - hich is attached. to this application. As a result of this sale in February, 1974, there was a surplus realized o -.-,.,r and above the outstanding tax liability in the amount of $2, 073, 74 which v;,._; turned over to the County Commission. I would, therefore, respectfully request that this County Commission -' orize the payment of these funds to the Estate. I th 1; At rney for the Estate of Ed -May, �;r• • RESOLUTION No, 74--77 WHEREAS, pursuant to a notice of public hearing, duly and regularly advertised in accordance with law, a public hearing was held in the Commission Meeting Room, Indian River County Courthouse, in Vero Beach, Florida, on the 25th day of September, 19743 at 10:00 o'clock, A.M. to consider the advisability of renouncing and disclaiming all right of the County and the public in and to that portion of 39th Place extending from King's Highway (SR 505-A) to the West Right-of- way of 56th Avenue; and also that portion of 57th Avenue extending from the North Right-of-way of 39th Street to the South Right-of-way of 40th Street; and also all utility, drainage and other easements appurtenant to Blocks One, Two, Three and Four of- King's Highway Subdivision, Plat Book 3, Page 97, Indian River County Records, all as hereinafter described; and WHEREAS, after hearing all interested parties and determining that the proposed action will not materially interfere with the County Road System and will not deprive any person of a reasonable means of ingress and egress to his premises, and that the streets to be vacated are now substandard and expensive to maintain, and the owner of the adjacent property that is, all of Blocks One, Two, Three and Four of King's Highway Subdivision, is simultaneously re - platting all of said blocks and streets, (as hereby vacated), into thirteen one acre lots and said blocks of said sub- division, according to the 1955 plat, include ninety two lots and the new plat will reduce the number of lots from 92 to 13, one acre lots, thereby improving population density -2- consistent with the policy of this Commission; it was determined by the Commission that it would be to the best interest of all concerned to renounce, disclaim, vacate and abandon the public reights td.dnd in the streets, utility and drainage easements described below: NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Indian River County, Florida,'that the said Board hereby renounces, disclaims, vacates and abandons any right of Indian River County, Florida, and the public to and in the following des- cribed lands, utility easements and drainage easements situate, lying and being in Indian liver County, Florida: Parcel No. 1 39th Place extending from King's Highway (SR 505-A) to the West Right-of-way of 56th Avenue Parcel No. 2 57th Avenue extending from the North Right-of-way of 39th Street to the South Right-of-way of 40th Street Parcel No. 3 All utility, drainage and easements of any other nature which may be appurtenant to Blocks One, Two, Three and Four of King's Highway Subdivision, according to the Plat thereof recorded in Plat Book 3, Page 97, of the Public Records of Indian River County, Florida Adopted and effective ),--day of S �c.o.4Pr2 1974 BOARD OF COUNTY COMMISSIONERS OF INDIAN IVER CO N FL RI ! By � c l% Attest: : Clem( RESOLUTION NO. 74-78 BE IT RESOLVED by the Board of County Commissioners M_M of Indian River County, Florida: SECTION 1 This Resolution shall be known and may be cited as the "HERITAGE VILLAGE WATER AND SEWER FRANCHISE." SECTION Z 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 in- clude the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political subdi- vision of the State of Florida; (b) "Owner" is the Grantee of rights under this fran- chise, that is, HERITAGE VILLAGE OF VERO BEACH, INC. (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, associa- tion, corporation, 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 particularly defined and described herein. (g) "Utility" means water or sewer utilities serving sub- divisions, 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 facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and 40 easements necessary to such systems and includes every person, ®M corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing con- struction of a system or who is providing or proposes to pro- vide 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 pres- cribed territory as herein provided and for these purposes to sell water and sewage collection and treatment 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 pub- lic 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: Tracts 9 and 10, LESS 5 acres, Northeast corner of Tract 9, and LESS the West 10 acres of Tract 10, Section 11, Township 33 South, Range 38 East, Indian River Farms Company Subdivision, as per map or plat thereof as recorded in Plat Book 2 at page 25, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. The portion of the property described above as "Less 5 acres, NE corner of Tract 9" is described as follows: Commencing at the East 1/4 corner of Section 11, Town- ship 33 South, Range 38 East a go North 89004'02" West 466.69 feet; thence South 01616'49" West 30.00 feet to the point of beginning; thence South 01016'49" West 436.69 feet; thence South 89004'02" East 426.69 feet; thence North 01016'49" East 436.69 feet; thence North 89004'02" West 426.69 feet to the point of beginning. -2- • 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, 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 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 County. 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, main- tenance and expansion. The right is hereby reserved to the -3- County to adopt, in addition to the provisions herein con- tained and existing applicable resolutions or laws, such ad- ditional 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 per- formed 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 de- liver to the County, upon demand of the County, all of its facilities, system, easements and rights appurtenant thereto 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 municipality 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 of the property, assets and facilities of the Owner without charge used in its services under this franchise. SECTION 8 The Owner shall commence construction of its sanitary sewer treatment and collection system within six (6) months free, date, otherwise the franchise created hereby may become void and of no further force and effect at the option of the Board. A1.1 the facilities of the Owner shall be constructed only in accordance -4- O with plans and specifications approved by the State Board of Health of the State of Florida and The Indian River County Utilities Department, and the quantity and qualify of sewage treat- ment 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. Whenever it is necessary to shut off or interrupt services for •the purposes of making repairs or installa- tions, the Owner shall do so at such time as will cause the least amount of inconvenience to its consumers and unless such repairs are unforeseen and immediately necessary, it shall give reason- able notice thereof to its customers. SECTION 9 (A) The Owner shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Owner to exercise its rights and perform 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 Company, before dis- cretionary action is taken by the Board of County Commissioners, can request said Board that a group of arbitrators be authorized to determine such discretionary action and such group shall con- sist of: 1. The Board's Consulting Engineer; 2. The Company Engineer; and 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 re- commendations are not mandatory. -5- 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, Florida by either party. 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 mane 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 distur- bance of pavement, sidewalk, 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, remove, 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 ob- structions or conditions which are or may become dangerous to the travelling 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, provided, however, in the event of this termination of easement, any person, except the County, requesting such termination shall pay to the Owner, in advance, its costs of removal and relocation of the removed facilities -6- • 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 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 advantage to any person, nor sub- ject 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 coining within such classification would be entitled. SECTION 12 (A) The (honer 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 there- for, here-for, and shall provide such demanding person with its services and facilities within 90 days from the date of such demand; pro- vided, 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 -7- M I set forth, unless the same may be done at such a cost to the ®M Owner as shall make the addition proposed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to b e charged by the Owner for all the services under this franchise, to the end, that such rate will produce to the Owner a sum sufficient to meet all necessary costs of the ser- vices; including a fair rate of return on the net valuation of its property devoted thereto, under efficient and economical manage- ment. 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 instru- ment 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 transferrable and assignable until notice or request for transfer and assignment shall be given by the Owner to the Hoard in writing, accompanied by a request from the proposed transferee, which ap- plication 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 hear- ing 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 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 -8- 40 be continued from time to time as determined by the Board. The i 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 be unreasonably 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 it shall be sub- ject 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 col- lect not to exceed the following rates: SEWER CHARGE and WATER CHARGE $4.50 per month SEWER HOOK-UP CHARGE NONE WATER HOOK' -UP CHARGE NONE Provided, however, that the Owner does not contemplate charging for water or sewers at this time. Company'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 Company on 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, account- ing, financial, statistical, consumer and service records relating to the property and the operation of the Owner and to all other data 40 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 miounts as shall be re- quired 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 addi- tional insured on all such policies of insurance. If any person serviced by the Owner under this franchise complains to the Board concerning rates, charges and/or operations of such utility and the Owner, after request is made upon them 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 Owner for the services which it furnishes or the nature and character of the service it furnishes or the quality of 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 re- view of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Owner shall promptly comply w?.th the order of the Board. 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 -10- 40 40 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 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 auth- orizing said construction. 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 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 con- cerning the same with reasonable notice thereof to the Owner and -11- 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 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 gime as the County may install or acquire its own sewage 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; pro- vided, however, that within sixty (60) days from the time of the adoption of this resolution, the Owner 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 21 If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and inde- pendent 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 -12- 40 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 25TH day of SEPTEMBER , 1974. COUNTY / OF INDIAN RIVER, FLORIDA. By Alma Lee Loy, as Chairmoh of the Board of County Commiss1foners Attest (1ph Ha{rr,i�s% Clerk �t �G4�IC• L7m L��7f-L Signed, sealed and delivered in the presence of: As both par ie$ ACCEPTANCE OF FRANCHISE HERITAGE VILLAGE OF VERO BEACH, INC. does hereby accept the foregoing franchise, and for itself and its successors and/or as- signs, 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 Veen Beach, Indian River County, Florida this -'y day of z�Cc'.�x i�c d �/ 1974. HERITAGE VILLAGE OF VERO BEACH, .INC. LIJ m Byc Obert A. Peters, President •1,_� Attest aroId 4 Ma , retary -13- 40 Signed, sealed and delivered i e presenc of As to Herit g_&� it -age of Vero Beach, Inc. STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared ROBERT A. PETERS, as President, and Harold W. Mayes, as Secretary, respectively, of Heritage Village of Vero Beach, Inc. and they acknowledged to and before me that they executed the foregoing instrument for the purposes therein expressed by authority vested in them by said corporation, and that the impression seal affixed hereto is -the true seal of the cor- poration. WITNESS my hand and official seal in the state and county aforesaid this- 7a day of::;er�Cc�_�c c , 1974. APPROVED AS TO FORM: By - County Attorney Notary Public, State of Florida at Large. My Commission Expires: ­�/1?C%/7 7 -14- 40 RESOLUTION #74-79 WHEREAS, due to an increase in population of registered voters in Precinct 3-A; and WHEREAS, said increase in population requires additional voting machines; and WHEREAS, there is insufficient room in the Rosewood School for the number of voting machines needed; and WHEREAS, the lack of space was not discovered until the first Primary Election day; and WHEREAS, this Board has determined that this lack of space has created an emergency situation; NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Indian River County, Florida, that the polling place for Precinct 3-A is hereby changed from the Rosewood School to the Y.M.C.A. Building effect- ive November 1, 1974. -25- RESOLUTION NO. 74-79#4 A RESOLUTION ESTABLISHING A TASK FORCE COMMITTEE FOR IMMEDIATE STUDY, LOCATIONS, FINANCING AND IMPLEMENTATION OF LOW COST HOUSING; ESTABLISHING THE TYPES OF REP- RESENTATIVES TO CONSTITUTE THE SAID COM- MITTEE; AND DESIGNATING AN IMMEDIATE DISCUSSION MEETING. WHEREAS, the need for the purchase or rental of low cost housing in the City of Vero Beach and Indian River County, Florida, is acute, resulting in extreme hardship for low and median income employees and their families; and WHEREAS, the lack of low cost housing discourages industry from locating in the City of Vero Beach and Indian River County, and one industry presently located therein, The Piper Aircraft Company, is limiting plant expansion, due to the inability of its employees to find affordable housing; and WHEREAS, the economy of the aforementioned area is experiencing a recession and a clear and present need exists to stimulate the building industry, whereby jobs would be created and a flow of money would be realized by the busi- ness community, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board calls upon the citizens of Vero Beach and Indian River County and their duly elected officials and the busi- ness community and its leaders to join in an all out effort to seek out and find the solution to the need for low cost housing by establishing a TASK FORCE COMMITTEE FOR LOW COST HOUSING as hereinafter constituted, to commence imme- diately to.study the need; to locate and determine the availability of and the cost of suitable land for such housing; to recommend the most suitable type of construction 40 and to determine the means of financing low cost housing in the City - County area. The TASK FORCE COMMITTEE FOR LOW COST HOUSING shall consist of eight members as follows: 1. A member of the Indian River County Commission. 2. A member of the Vero Beach City Council. 3. The president or senior officer of a commercial bank. 4. The president or senior officer of a savings and loan association. 5. A member of the Associated General Contractors. 6. The general manager of Piper Aircraft Company. 7. The president of the Chamber of Commerce. 8. The president of the Board of Realtors. The initial appointees to the TASK. FORCE COMMITTEE FOR I LOW COST HOUSING representing the Vero Beach City Council i and the Indian River County Commission shall meet within ten (10) days after their appointment and select additional appointments to fully constitute the COMMITTEE for recommenda- tion to the City Council and for the setting of an organiza- tional meeting. ADOPTED this 9th day of October , 1974. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY_Si���� _ Alma Lee Loy, Chair Attest: -'� / ' ,4�, Clerk of R ES01,IT'rI0N No. 74-= a o S' BE IT RESOLVE13 BY THE BOARD Ole COUNTY COMMrSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That applications for Mining & Excavation Permits A!A and Mining and Excavation Site Plans shall contain the following minimum information: The following information shall be considered necessary to comply with the requirements of an application and shall be attached to the required Site Plan. I. Mining Site Plan Submission The required Mining Site Plan shall be accurately drawn to scale and shall contain at least the following information: 1. Name, address and telephone number of the operator or agent. 2. The legal description of the tract, proposed to be included in the mining site and contiguous tracts. 3. For the proposed development, indicate: a. Type of Mining Operation. b. Yearly schedule of operation c. Estimated area in acres of land surface mined d. Estimated area in acres of surface mined land reclaimed. e. Proximity of the mining operation to urban areas. f. What chemical processes, if any, are involved in the mining operation. 4. Describe the condition of the land prior to any mining including: a. The existing uses at the time of application. b. Any previous mining uses of the area. c. Capability of the site prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography and vegetative cover. 5. What will be the amount of removal or disturbance of solid minerals or overburden? 6 What considerations have been given to insuring the maximum effective recovery of the mineral resource? 7 Will the operation require/or are: these plans to intersect or transfer water from one watershed to another? Il. What. effect will the proposed mining have on water resource areas? a. liccharg(- areas. b. Water retention areas c. Withdrawals from ground water and the result d. Withdrawals from surface• water. 9 How many cubic yards of material will be rrmoved by ® dredging and what will be the disposition of the dredged soil? J 10. Reclamation: a. What are the plans for reclamation and rehabilitation of the area after completion of each phase of opera- tion? b. Give a time schedule for the completion of all stages or reclamation. 11. Is the developer leasing the land for the mining operation? If so, give every legal owner of the property surface and mineral to be mined. 12. What provisions, if any, have been considered fo^ a program for periodic inspection and maintenance of retaining dikes? After the said Mining Site Plan has been completed by the operator or agent of the said mining or excavation , it shall then be submitted to the Indian River County Administrator's office for review; for the purpose of making recommendations to the Indian River County Zoning Commission. This Resolution shall take effect on November 1, 1974. on RESOLUTION No. 74- 81 WHEREAS, INDIAN RIVER COUNTY, FLORIDA, and the CITY 4 OF VERO BEACH, FLORIDA, purchased Lot 4, Block 1, Pelican Cove II Subdivision for use as a public park, and j WHEREAS, said purchase was closed on February 26, 1974, and 3 z j WHEREAS, Florida law provides that the Board of County Commis- sioners may waive all ad valorem taxes due following the closing of the transaction, NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That all ad valorem taxes .due on Lot 4, Block 1, Pelican Cove II Subdivision due after February 25, 1974, are hereby waived and shall not be paid. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA i i By Chairman 3 ATTEST: Clerk �! RESOLUTION No. 74- 8 2 WHEREAS, the County Auditor after tentatively ascertaining the proposed budgeted fiscal policies of the Board of County Commissioners of Indian River County, Florida, for the fiscal year commencing on the first day of October, 1974, and ending on the 30th day of September, 1975, did prepare and present to the Board a tentative budget for the ensuing fiscal year for each of the funds therein as provided by law, including all estimated receipts, taxes to be levied and balances expected to be brought forward;mri all estimated expenditures, reserves, and balances to be carried over at the end of the year, and WHEREAS, upon receipt of the tentative budgets and the completion of all revisions made by the Board, the Board did prepare a statement summarizing all of the tentative budgets. The summary statement did show for each budget and for the total of all budgets proposed tax millages , the balances, the reserves, and the total of each major classification of receipts and expenditures classified according to the classification of accounts prescribed by the appropriate state agencies. This Board did cause said summary statement to be advertised as required bylaw, and WHEREAS, said Board did meet in public hearing for the purpose of hearing requests and complaints from the public regarding the proposed budgets and making whatever revisions in the budget it did deem necessary and all the same having been now completed, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That this Board does herewith levy upon all of the real and personal taxable property in Indian River County, Florida, for the year 1974, a tax of 4. 3812 mills on the dollar to be redistributed among the funds in the budget as follows: •A Ob GENERAL FUND 2. 9419 mills ROAD AND BRIDGE FUND .4437 mills FINES AND FORFEITURE FUND .9956 mills TOTAL MILLAGE 4. 3812 mills BE IT FURTHER RESOLVED That the millage as finally adopted herein shall be filed in the office of the County Auditor in the Public Records and the County Auditor shall transmit forwith a certified copy of this Resolution to the Tax Assessor of Indian River County, to the Tax Collector of Indian River County, and to the Department of Revenue of the State of Florida. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 2l� 0 By__!z — --- Ch man ,[ a AT'TES HEREBY CERTIFY that the above is a true and correct cepa ote Millage Resolution as adopted by the Board of County C©xnijAssloners of Indian River County, Florida, in a Special Called ��. `"';"1Vieeing held on October 15, 1974, RESOLUTION NO. 711_99 L, • I WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommending changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned by George Russell, Represented by Schwab and Twitty, Architects, Inc., situated in Indian River County, Flor- ida, to -wit: Government Lots 1 and 2, Section 13, Township 32 -South, Range 39 -East, together with all submerged lands and riparian rights appertaining thereto, less that portion thereof conveyed to Indian River Farm Drainage District by Deed dated July 24, 1922, recorded in Deed Book 41, upon Page 259 of the Public Records of St. Lucie County, Florida. Be changed from R-lA Single Family District, to R- 2B Multiple Family District. EXCEPT the North 300 feet and the South 330 feet of the North 630 feet of the West 450 feet Be changed from R-lA Single Family District, to R-3 Multiple Dwelling District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. RESOLUTION NO. 74-93 WHEREAS, all acts have been performed and all proceedings have been carried out as required by law preliminary to the Board of County Commissioners establishing a millage rate for the Indian River County Health Department operated by the State Board of Health. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That there shallbe and is herebylevied upon all of the real and personal taxable property in Indian River County, Florida for the year 1974, the tax of . 1222 mills on the dollar to be used in carrying out the purposes of the Indian River County Health Department operated by the State Board of Health. ferk;; A% eve BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BytO!�& C hairman •• RESOLUTION NO. _74-33 A_ WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- • ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River Cou"ty, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the follow- -ding property owned by G. R. and A. R. Wuethrich, situated in Indian River County, Florida, to -wit: The East 20.46 acres of Tract 8, Section 2, Township 33 -South, Range 38 -East, according to the last gener- al plat of lands of the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25. Be changed from B-1 Planned Business District, to R-lMP Mobile Home Park District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. _ -42- 4D RESOLUTION NO. 74_33 M WHEREAS, Hobart Landing Services Company has requested certain rate increases, and WHEREAS, a Notice of Public Hearing was duly advertised according to law and a public hearing was held, and, WHEREAS, Hobart Landing Services Company has submitted certain financial records indicating a need for a rate increase, NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, that Hobart Landing Services Company is authorized to make the follow- ing charges for its services: Water Rate First 3,000 gallons $4.00 per month All over 3,000 gallons .55 per 1000 gallons s• 0 40 RESOLUTION No. 74-84 WHEREAS, RICHARD P. BOGOSIAN, Indian River County, Florida,County Commissioner, after serving two terms of office has chosen not to run for re-election; and WHEREAS, during his terms of office he did with excellence perform his duties and se'rve the citizens of Indian River County with distinction; and WHEREAS, he did honorably serve as Chairman of this Board from January 6, 1971, to November 22, 1972; and WHEREAS, during his terms he set a high standard of performance -for those who serve in the future, was devoted to creating sound, stable growth patterns for the County's increasing population, was sensitive to public needs, protective of the public's tax money and instrumental in establishing sound planning and zoning policies for the County; and WHEREAS, the Board of County Commissioners of Indian River County, Florida on behalf of itself and all citizens of the County, wish to publically express its appreciation for his many years of public service. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that it thanks RICHARD P. BOGOSIAN, outstanding public servant, for his public service and devotion to duty and -P.A* + uwishes him success in all of his future endeavors. BOARD OF COUNTY COMMISSIONERS • � OF INDIAN RIVER OUN Y FLORIDA i* ,F BYjt2 U Alma Lee Loy, Ch firman ,=test:_ j, /•, Clerk This Resolution was duly adopted this 7th day of November, 1974. _%.'�('�i%✓ .'I/AL2-f,s� of RESOLUTION No. 74-85 r^ 1974. This Resolution was duly adopted this 7th day of November, WHEREAS, JACK DRITENBAS, Indian River County ` Commissioner, after serving two terms of office, has chosen not to run for re-election; and WHEREAS, during his terms of office he did with dedication and excellence perform his duties and diligently serve the citizens of Indian River County, Florida with distinction; and WHEREAS, he did honorably serve as Chairman of this Board from July 10, 1968 to January 6, 1971; and WHEREAS, during his terms he set a high standard of performance for those who will serve in the future, was devoted to sound fiscal policies, helped create sound growth, recreation, planning and zoning policies and was sensitive to the public needs; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, on behalf of itself and all citizens of the County, wish to publically express its appreciation for his many years of public service. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that it thanks JACK DRITENBAS, outstanding public servant, for his public service and devotion to duty and r'+ �4-0.-swishes him success in all of his future endeavors. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER C UNTY, LORIDA By Alma Lee Loy, Chaean ; /1; Attest:�� ' i Cler}5.- 1974. This Resolution was duly adopted this 7th day of November, •o RESOLUTION No. 74-86 WHEREAS, the number of bicyclists has grown in the 40 past few years to more than 85 million enthusiasts representing every section of this country; and WHEREAS, the advent of concern for the environment has motivated the American citizenry to consider modes of transportation which are less susceptible to polluting the atmosphere; and WHEREAS, the problems associated with the national and international energy crisis suggest that means of transportation, which do not make heavy demands on critical fuel oil products, must be more extensively employed; and WHEREAS, these factors have contributed to the current influx of bicycle drivers in our local area and adds another dimension to the safe conduct of traffic on the county's roadways; and WHEREAS, many communities and organizations are dedicating some of their resources to assisting bicycle enthusiasts in securing appropriate machines, maintaining these machines in proper working order and becoming safe and effective drivers in and out of traffic. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida, that it does hereby name and declare the MONTH OF NOVEMBER, 1974 as BICYCLE SAFETY MONTH,and call upon all local citizens to join with the Indian River Safety Council in promoting implementation of the series of activities planned for the period. BOARD OF COUNTY COMMISSIONERS OF IND //NJJ RIVE C " ]TY % RIDA By Alma Lee Loy, Chairma} Attest:i?�,��1���/7�. Clek" Dated this 7th day of November, 1974. 40 NENOEN NATIONAL SAFETY COUNCIL INDIAN RIVER SAFETY COUNCIL P.O. •O% 177 VERO REACH. FLORIDA • 37000 Whereas, The number of bicyclists has grown, in the past few years, to more than 85 million enthusiasts representing every section of this country, and Whereas, The advent of concern for the environment has motivated the American citizenry to consider modes of transportation which are less suscep- tible to polluting the -itmosphere, and Whereas, The problems associated with the national and international energy crisis suggest that means of transportation, which do not make heavy demands.on critical fuel oil products, must be more extensively em- ployed, and Whereas, These factors have contributed ?o the current influx of bicycle drivers in our local area and ands another dimension to the safe conduct of traffic on the county's roadways, and Whereas, Many communities and organizations are dedicating some of their resources to assisting bicycle enthusiasts in securing appropriate machines, main- taining these machines in proper working order and becoming safe and ef- fective drivers in and out of tra;fic; therefore, be it Resolved, That I, Samuel A. Hunter, President of the Indian River Safety Council do hereby name and declare the MONTH OF NOVEMBER. 1974 as BICYCLE SAFETY MONTH for the council and call upon officials of county ani municipa governments and all local citizens to join with the council in promot- ing implementation of the series of activities planned for the period. Resolved Further, That a copy of this resolution, along with concomitant infor- mation, be tendered to the appropriate officials of county and munici- pal governments and all aspects of news media in an effort to solicit thefr endorsement and collective cooperation in this endeavor. Attest: Samuel A. Hunter, President Indian River Safety Council Dated this 22_ day of October 19 74 . 1 f �- Dottie Friburg, Chairma Bicycle & Motorcycle Safety Committee •• 40 RESOLUTION NO. 74-87 WHEREAS, the Indian River County Tax Assessor did hold a tax sale upon the request of the Holder of Tax Certificate 563, sale of May 28, 1970; and ` WHEREAS, after all statutory expenses, fees and taxes were paid there was an excess of $480.38 which by law is returnable to the fee owner upon request; and WHEREAS, said owner, H. W. Guthrie, is dead, leaving only one heir, his son, J. Earl Guthrie; and WHEREAS, in accordance with law the Tax Assessor paid the $480.38 surplus into the general fund of the Board of County Commissioners; and WHEREAS, J. Earl Guthrie has requested payment as the prior fee owner's only heir. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Clerk is authorized to pay to J. Earl Guthrie, 342 Kermont Avenue, Mt. Lebanon, Pittsburgh, Pennsylvania 15216, $480.38 from the general fund. 40 • I, J. Earl Guthrie, do hereby solemnly swear that I am the sole survivor of my father's (H. W. Guthrie) estate of Vero Usach, Florida. My father willed these Lots #17 and #16 in Wright's Place Subdivision to roe. 1dlI INESS / �" ��La.-a,i/�-.•l�L�. � 'moi / � % c./ �l My Commision Expires ATHEkIML OLULMONI, NOTARY PUBLIC PREPARED UY 0 M90HT LFOANON ;- WNSHIP AL.LGHLi+v CJ4"rY ADDRESS SAY COMMISSION IVIRLS 90R. 15, 1975 #i db 40 HOMES STORE PRONTS MODERNIZING REPAIRING FIRE DAMAGES T. EARL GUTHRIE Gettetal Coultactot 342 KENMONT AVENUE, MT. LEBANON Telephone LEHIGH 6975 pI %/ s oda? Board of County Commissioners Indian River County Courthouse Vero Beach, Florida 32960 Gentlemens RECEIVED ally/S�Oft'ica November 12, 1974 My lots #17 and #18 in Wright's Place Subdivision in Vero Beach, Florida which my father,H. W. Guthrie, willed to me, was sold in 1972 for delinquent taxes. Mr. H. D. Booth, who is now the owner of these lots, advised me that the net proceeds after all expences of the sale of lots was in the amount of 8480.38 and I should request this money in behalf of my father's estate as I am the sole survivor. I wrote to Mr. Ralph Harris, Clerk of Court, and he turned my letter over to the County Attorney, Mr. Paul Burch. I received a letter from Mr. Burch that the excess amount of 8480.38 was paid into the General Fund of Indian River County and for me to write to the Board of County Commissioners for the refund. I understand by Mr. Burch that I will need a certified copy of my Father's Death Certificate or a signed and sworn affidavit. I was the executor of my Father's Estate. After twenty years, his estate has been closed. Thinking that I would not need these papers no longer, I destroyed them. If for any reason you wish for any more information, you will find the probate files in Indian River County Court House. You will please find enclosed an afficavit executed before a Notary Public. Hoping that I will be getting the refund of $480.38 shortly, I am JEG/hlh enclosure Respectfully yo rs, J. Earl Guthrie !.! RESOLUTION NO. 74-88 WHEREAS40 , the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River 40 County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the follow- -ling property owned by George and Hazel Beckwirth, situated in Indian River County, Florida, to -wit: Lot 9, Karr Subdivision, according to the plat thereof recorded in Plat Book 7, Page 87, Public Records of Indian River County, Florida. Be changed from C-1 Commercial District, to R-1 Single Family District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. RESOLUTION NO. 74-89 0_0= WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend - ®w ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and, 0_= WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the follow - ,d ing property owned by Robert R. Cox and Robert R. Duerden, situated in Indian River County, Florida, to -wit: Commencing at the Southeast corner of Government Lot 3, Section 8, Township 31 -South, Range 39 -East, run North 89 degrees 36119" West a distance of 48.93 feet to a point on the present West right-of-way line of U.S. High- way No. 1, said point being the point of beginning for the following metes and bounds description: From said point of beginning run North 89 degrees 36119" West on the South line of said Government Lot 3 a distance of 585.38 feet to a point on the East right-of-way line of a county road, said right- of-way being 30 feet East of and parallel to the East right- of-way line of the Florida East Coast railroad. From said point run North 21 degrees 42119" West and para- llel to the aforesaid East right-of-way of the Florida East Coast Railroad a distance of 1295.94 feet to a point on the East right-of-way line of aforesaid county road; thence run North 89 degrees 36'19" West a distance of 32.37 feet to the East right-of-way line of the Florida East Coast Railroad; thence run North 21 degrees 42119" West along aforesaid East right-of-way line of the Florida East Coast Railroad a distance of 134.26 feet to a point on the North line of aforesaid Govern- ment Lot 3; thence run South 89 degrees 38'19" East along said North line of Government Lut 3, a distance of 499.15 feet to a point on the West right-of-way line of the present U.S. High- way No. 1; thence run South 25 degrees 57159" East along the West right-of-way line of U. S. Highway No. 1 a distance of 1479.39 feet to the point of beginning. All the above land lying in that part of Government Lot 3, Section 8, Township 31 -South, Range 39 -East, between the West right-of-way .line of U.S. Highway No. 1 and the East right-of-way line of the Florida East Coast Railroad, less county road and containing 16.11 net acres. Be changed from R -IMP Mobile Home Park District, to B-1 Planned Business District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. 40 RESOLUTION 74- 90 WHEREAS, THE MARQUIS CORPORATION, a Florida corporation, ®-w did file a Petition with the Board of County Commissioners of Indian River County, Florida, requesting said Board to adopt a Resolution to vacate, abandon, discontinue and close parts of those certain streets known as 133rd Avenue and 134th Avenue, hereinafter described; and WHEREAS, a public hearing was duly held by said Board on December 4, , 1974, pursuant to Notice thereof duly published in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County, which said publication was had two weeks prior to the public hearing as required by law; and the same; WHEREAS, the Board of County Commissioners has duly considered NOW, THEREFORE, BE IT RESOLVED that this Board does find and determine the following: 1. That this Board has published a Notice of the hearing on the Petition of THE MARQUIS CORPORATION, a Florida corporation, one time in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County, Florida, said publication being published at least two weeks prior to the time stated thereon for such public hearing. 2. That the land hereinbelow described is not a part of the public road and street required by the State of Florida, or by the Federal Government as part of the State or Federal Highway system and said street as described hereinbelow is not located within the corporate limits of any municipality and is located in Indian River County, Florida; and the following described land is not needed for street, road, highway or other public pruposes by Indian River County. BE IT FURTHER RESOLVED that the Board of County Commissioners of Indian River County, Florida, for and on behalf of Indian River County, Florida, LAW OFFICES JOHN H. SUTHERLAND VERO [TEACH, FLORIDA -7- 40 does hereby renounce and disclaim any right, title or interest in and to the following described public street or road, to -wit: 40 That certain street known as 133rd Avenue, being 70 feet in width, lying South of the North line of Lot 3 of Block H, and the North line of Lot 16, Block A, and that certain street known as 134th Avenue, being 70 feet in width, lying South of the North line of Lot 16, Block H, and South of the North line of Lot 3, Block J, VERO TROPICAL GARDENS, Unit 1, according to the plat thereof as recorded in Plat Book 4, page 75, public records of Indian River County, Florida. and that the same be and is hereby vacated, abandoned, discontinued and closed and that all express or implied dedications thereon and resulting there- from are hereby vacated, abandoned, discontinued and closed. BE IT FURTHER RESOLVED that Notice of the adoption of this Resolution shall be published once in the Vero Beach Press Journal, a news- paper of general circulation in Indian River County, and proof of publication of the Notice of public hearing, a certified copy of this Resolution as adopted and proof of the publication of the Notice of adoption of such Resolution shall be recorded in the deed records of Indian River County, Florida, as required by law. I do hereby certify that the above and foregoing Resolution was duly adopted by the Board of County Commissioners of Indian River County at its regular meeting on December 4, 1974. RALPH HARRIS ,. •: "' ,��'. By moi' �',G-o As Cle of the"Boat cDf ' County Commissioners and CleA".of the Circuit Court of Indian, Irjver Counfy, Florida. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER 'I SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT FOR A PUBLIC HEARING TO ABANDON A PORTION OF 21ST STREET IN VERO BEACH HIGHLAND, UNIT 1, AS REQUESTED BY GENERAL DEVELOPMENT CORPORATION, LAW OFFICES JOHN H. SUTFIEiWD VERO REACH, FLORIDA C] RESOLUTION NO. 74-91 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 WHISPERING PALMS TOO MOBILE VILLAGE UTILITY 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) "Owners" are the Grantees of the rights under this franchise, that is, DORMAL W. ALLEN and ISABELLE ALLEN, his wife; and IIAROLD W. ALLEN and I'ERMA ALLEN, his wife. (c) "Board" is the Board of County Commissioners of the County; (d) "Department" means the Indian River County Utilities De- partment; (e) "Person" is any person, firm, partnership, association, corporation, 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 particularly defined and described herein. (g) "Utility" means water or sewer utilities serving subdivisions, apartment and housing complexes, condominiums, mobile home or trailer parks, industrial complexes, shopping centers and similar systems serving more than one building. "Utility" includes wells, pumps, tanks, treatment facilities, force mains, pump stations, collection systems, service lines 40 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 to the Owners by the County, 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 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. 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: PARCEL 1 The South 10 acres of the SW 1/4 of the SE 1/4 of Section 17, Township 31 South, Range 39 East, lying West of the Dixie Highway, being a portion of the first tract of land described in a certain deed by Kate A. Braddock and William C. Braddock, Jr., her husband, to M. C. Kirk and Charles B. Jennings, dated April 29, 1919, recorded in Deed Book 35, page 109, St. Lucie County records; excluding any land lying West of the West right-of- way line of the Florida East Coast Railroad; and Beginning at a point in the center of State Road No. 4, where the South boundary line of the ;SW 1/4 of the SE 1/4 of Section 17, Township 31 South, Range 39 East, intersects said road; thence run West along said boundary line a distance of 76.8 feet to the center of the old public road; thence North -2- i40 25 deg. 16 min. West along the center of the old public road 465.9 feet; thence East 70.5 feet to the center of said State Road No. 4; thence Southerly along State Road No. 4 a distance of 465.9 feet more or less to point of beginning. Containing .71 acres and being in the SW 1/4 of the SE 1/4 of Section 17, ® Township 31 South, Range 39 East; all of said land situate in Indian River County, Florida. PARCEL 2 The North 1/2 of the North 1/2, of the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 31 South, Range 39 East, lying West of U.S. Flighway No. 1, and East of Florida East Coast Railway, and also the North 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 20, Township ff 31 South, Range 39 East, lying West of U.S. Flighway No. 1. Said land lying I and being in Indian River County, Florida. PARCEL 3 The South 1/2 of the North 1/2 of the Northwest 1/4 of the Northeast 1/4, Section 20, Township 31 South, Range 39 East, lying West of U.S. Highway No. 1, and East of the Florida East Coast Railway; and also the South 1/2 of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 20, Township 31 South, Range 39 East, lying West of U. S. Highway No. 1. Said land lying and being in Indian River County, Florida. SECTION 5 The Owners shall at all times during the life of this franchise be subject to all laixful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by reso- lution or ordinance provide. SECTION 6 It is expressly understood and agreed by and between the Owners and the County that the Owners 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 negligence on the part of the Owners 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 Owners may be prosecuted directly by such person against the Owners as if no governmental immunity accrued to the County by virtue of the Owners' use of a public place of the County. The County shall notify the Owners promptly after presentation of any claim or demand. -3- Ars SECTION 7 The Owners shall maintain and operate their plant and system and r M 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 Owners shall comply with all requirements of the Department of Health and Rehabili- tative 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 ex- pansion. 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 per- formed and to make such inspection as it shall find necessary to insure compliance with all governing regulations. Upon the termination of this franchise, the Owners 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 the 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 municipality of the State of Florida, then in such event the Owners agree 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 Owners without charge used in its services under this franchise. SECTION 8 Owners shall commence construction of their sanitary sewer -4- iWIM treatment and collection system within 90 days from date, otherwiNe the franchise created hereby may become void and of no further force or effect • M at the option of the Board. All the facilities of the Owners 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 purpose of making repairs or installations, the Owners shall do so at such time as will cause the least amount of in- convenience to its consumers and unless such repairs are unforseen and immediately necessary, it shall give reasonable notice thereof to thei r customers. SECTION 9 (a) The Owners shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of their business as shall be reasonably necessary to enable the Owners to exercise their rights and per- form their obligations under this franchise, and to issue an , uninterrupted service to such and all of their 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 Owners, 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: 1. Board's Consulting Engineer 2. Company Engineer -5- 40 3. One person selected by the two above persons. The Board of Arbitrators so authorized and constituted shall make recommenda- tions 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, 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 Owners 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 Owners 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 ether surfacing, the Owners shall at their 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 con- dition 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 public way, the Owners shall, upon reasonable notice by the County, remove, relay, and relocate their fixtures at their own expense. The Owners shall not locate any of their 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 Owners shall have located their facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Owners thereto, provided, however, in the event of this termination of easement, any person, except the County, requesting such termination shall pay to the Owners, in advance, their costs of removal and relocation M of the removed facilities in order to continue their service as theretofore ?.M existing, or in the County shall retain an easement not less than ten feet 4D in width for the benefit of the Owners and their facilities. SECTION 11 The Owners 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 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 Owners shall furnish, supply, install and make available their 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 their services and facilities within 120 days from the date of such demand; provided, however, that the Board may, upon application of the Owners, extend the time for providing such service to such demanding person. In the event the Owners fail to provide their 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 Owners 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 provisions of this franchise shall not extend beyond the limits of the area so restricted and defined. (b) The Owners shall not be required to furnish, supply, install and make available their water and sewer collection system 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 Owners as shall make the addition proposed, financially dG 0'9= and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Owners for all the services under 40�= this franchise, to the end, that such rate will produce to the Owners a sum sufficient to meet all necessary costs of the services; including a fair rate of return on the net valuation of their property devoted thereto, under efficient and economical management. The burden of showing that a pros- pective service to the area is not financially feasible shall be the burden of the Owners. SECTION 13 The Owners shall not sell or transfer their 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 transferrable and assignable until notice or request for transfer and assignment shall be given by the Owners to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information con- cerning the financial status and other qualifications of the proposed trans- feree 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 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 be un- reasonably withheld. -8- SECTION 14 The rates charged by the Owners for their service hereunder shall 40 M 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 their properties devoted thereto under efficient and economical management. The Owners agree that they 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 Owners shall have authority to charge and collect not to exceed the following rates: RATES Water $5.00 per month Sewer $5.00 per month Owners' 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 the Owners in the basis of their 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 Owners' plans, contracts, engineering data, accounting, financial, statistical, consumer and service records relating to the property and the operation of the Owners and to all other records, required to be kept here- under, and they shall file such accounting reports and data with the County when required. SECTION 16 The Owners 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 Owners. The County shall be named as an additional insured on all such policies of insurance and a copy of the policy shall be delivered M to the County Administrator. If any person serviced by the Owner under this franchise complains to the Board concerning rates, charges and/or operations of such utility and the Owners after request is made upon them by the Board, fail to satisfy or remedy such complaints or objections or fail 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 Owners for the services which they furnish or the nature and character of the service they furnish or the quality of services furnished. If the Board enters its order pursuant to such a hearing and the Owners feel it is aggrieved by such order, the Owners may seek review of the Board's action by proceedings in the Circuit Court of the County, otherwise, the Owners shall promptly com- ply with the order of the Board. SECTION 17 Should the Owners desire to increase any charges heretofore established and approved by the Board, then the Owners shall notify the Board in writing, setting forth a schedule of rates and charges which they propose. 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 said hearing and the Owners or any person feels aggrieved by such order, then the Owners or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. atom ® SECTION 1.8 Prior tothe Owners constructing any of their facilities as herein ® M authorized the Owners 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. SECTION 19 If the Owners fail or refuse 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 Owners written notice of such deficiencies or defaults and a reasonable time within which the Owners shall remedy the same, which notice shall specify the deficiency or default. If the Owners fail 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 Owners 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 Owners 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. evolpTnio 11 The franchise and rights herein granted shall take effect and be -11- Lj 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 water system and sewerage collection and treatment system and supplies the same to individual customers at which time, Owners will convey all of their facilities (except for sewer treatment plant and plant site) and easements for location of same as Owners 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 Owners shall file with the Board their 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 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 4th day of December, 1974. Signed, sealed and delivered in the presence of: COUNTY /OF INDIAN RIVER, F " RIDA As Chairman 6f the BoaM o ounty 7l Commissioners Attest: er -12- 40 ACCEPTANCE OF FRANCHISE The undersigned hereby accept the foregoing franchise and for themselves and their successors and assigns, do hereby covenant and agree to comply with and abide by all the terms, conditions and provisions therein set forth and contained. DATED this 4th day of December 1974 . A e Approved as to M: / By:' fl County ttjorney ' rT`ma'Allen RESOLUTION NO. 74-92 W1U,R1-;AS, this BOARD did issue RESOLUTION No. 74-31 on May 8, 1374, concerning the suspension of the County Judge, and WHEREAS, the Clerk of the Circuit Court. was Auth- orized to receive 1/12 of the County Court's annual budget each month and to pay direct the operating expenses of the County Court, and WHEREAS, the Clerk of the Circuit Court did maintain a separate accounting ledger showing rec Apts and expenditures by the Clerk on behalf of the County Court, and WHEREAS, the Clerk did ask for, and receive, the ledger and all funds held by the County Judge, and 14HEREAS, the County Judd., has been reinstated effective on or about November 27, 197.4. NO11, THEREI'LRE, BE IT RCSOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that upon receipt by the Clerk of the Circuit Court of official. notice from the STATE OF FLORIDA of the reinstatement of the County Judge, that all records be returned to the County Judcle and that the Clerk of the Circr.it Court shall be relieved of his obligation er;tablished wider RESOLUTION No. 74-31. >e i_t further resolved that the County Judge resume his requisitions of 1.'17 of his budget each month to meet the Courts' expenses as provided by law. December 4, 1974 I',OARD OF COUNTY COE-1Y11.SSI0NS'R'_7 Cie INDIAN l ,JEi, C 1'i.', FI , DA Attest: i,y_L.f�U2kLs- �hairman erk J 40 • IN THE SUPREME COURT OF FLORIDA JULY TERM, A. D. 1974 WEDNESDAY, NOVEMBER 27, 1974 IN RE: INQUIRY CONCERNING A JUDGE No. 73-10 ** ** CASE NO. 45,353 ** O R D E R On November 20, 1974 the Florida Judicial Qualifications Commission filed its following findings of fact and unanimous recommendation in respect of the above matter: THIS CAUSE came on to be heard before the Florida Judicial. Qualifications Commission sitting in Indian River County, Florida, October 28 through November 1, 1974. Respondent Graham W. Stikelether, County Court- Judge, was given notice of the hearing pursuant to Rule 11 (a) of the Rules of the Florida Judicial Qualifications Commission (RFJQC), and he appeared in person and with his counsel. The purpose of the hearing was to determine: 1. Whether respondent had willfully or persistently engaged in conduct unbecoming a member of the Judiciary. 2. Whether respondent, while a Judge, engaged in the practice of law. 3. Whether respondent has a disability that seriously interfers with the performance of his duties as Judge of the County Court of Indian River County, Florida, which is, or is likely to become, permanent in nature. FINDINGS OF FACT 1. Respondent is 44 years of age and was elected County Court Judge of Indian River County in November 1972. Ile assumed office January l., 1.973. 2. Sometime during March or May 1973 Philip Thibideau, Director of the DWI Counterattack School in Respondent's area, complained to Chief Justice James C. Adkins that Respondent was not cooperating in the DWI Program and that he had observed respondent treat defendants "less than properly". 3. On June 20, 1973, Chief Justice Adkins directed County Court Judge Gerald Klein to go to Indian River County, observe Respondent's conduct, and report his findings to the Traffic Review Committee. Judge Klein observed Respondent in Court on June 27, 1973. 4. On October 9, 1973, Circuit Court Judge 11onjamin M. Tench, at the request of Chief Justice Adkins, observed ab Respondent conduct court in Indian River County. 5. This matter was referred to the Florida Judicial Qualifications Commission. 40 6. Pursuant to Rule 6 (b) RFJQC, Respondent was given Notice of Investigation on January 25, 1974, and in accordance with the same Rule he appeared before the Commission for approximately four and one-half hours on the same date. 7. On April 8, 1974, formal proceedings were instituted pursuant to Rule 7, RFJQC, and thereafter, the Florida Supreme Court suspended Respondent pursuant to Rule 8 RFJQC. 8. Excerpts from tape recordings of court sessions over which Respondent presided on April 24, June 6, June 12, June 27, and October 9, 1973, include comments made by Respondent which the Commission finds were rude, intemperate and which constitute conduct unbecoming a member of the judiciary. 9. In 1963, during a period when Respondent was having difficulty sleeping, his family physician prescribed a drug called Doriden. Respondent continued to take Doriden until four days before he had what was described as a "serious seizure" in October, 1973. The evidence before this Commission is that, contrary to promotional claims made in the early 1960's that Doriden was non -addictive, subsequent studies and experttestimony indicate it is. The evidence also indicates that Doriden often causes low tolerance, incoherence, confusion, depression and rambling. Respondent no longer takes Doriden, but is required to take medication daily to prevent seizures and to control hypertension. 10. Based on the evidence before the Commission, including the testimony of Dr. Paul Satts, Ph. D., and Dr. James L. Mason, M. D., the Commission finds that during most of 1973 through January 25, 1974, Respondent: (a) was going through a transitory period of disfunction, a manic episode or a series of manic episodes or (b) was a person with an obsessive personality who came under a great deal of emotional strain in early 1973, caused by the impending marriage of his daughter, the pressures of a new, unfamiliar and demanding position plus the cumulative effects of a very "bad drug". In either event, Respondent is apparently in control of his mental facilities and emotions at this time and no serious illness is expected in the future. Both doctors testified there is no evidence of brain damage. 11. Prior to assuming office in January 1973, Respondent turned all of the files from his law practice over to Attorney Kenneth Padgett and Respondent terminated the practice of law. Respondent neither sought nor received compensation for his law practice. Respondent stated he would not sell his former clients.In and September 1973, Respondent signed two petitions, prepared Y subsequently filed by Attorney Padgett in two estates. Respondent testified that he was under the mistaken impression that the Code of Judicial Conduct permitted him to close pending estates within a certain time period. other evidence supports Respondent's testimony.' (The Code of Judicial Conduct does permit judges to continue an executors of pending estates until September 30, 1975. 201 no. 2d 21 Al P. 33.) -2- N ® The Commission finds that Respondent erred in signing the two petitions in question as attorney for the Estates of Colborn H. Blake and Janet Watts Engelfried, deceased,but that he neither received nor sought compensation for his acts and ® that his only interest was to secure court approval for what he had done while he was a practicing attorney and to assist Attorney Padgett, who was closing the estates. CONCLUSION AND RECOMMENDATIONS The Commission concludes from the evidence before it that: 1. The conduct of Respondent in certain judicial proceedings over which he presided was rude, intemperate and constituted conduct unbecoming a member of the judiciary, but that at the time of the conduct in question Respondent was suffering a medical disability. Since Respondent is apparently in full control of his mental facilities and emotions at this time and since in all likelihood he will enjoy a full recovery, the Commission recommends his suspension be removed and he be returned to his duties as a County Court Judge. 2. Respondent erred in executing petitions as attorney for the Estates above named, but that, considering all surrounding circumstances, the errors are not of such magnitude that a recommendation of disciplinary action is required. The Commission's recommendation is accepted by the Court and it is ordered that the suspension be removed instanter and the Respondent, Graham W. Stikelether, be and is hereby returned to his duties as County Court Judge. A True Copy 4 TEST: s , Whi.te� Cl rk"Su preme Court. Y CC: Honorable Sherman N. Smith, Jr. Honorable R. L. Edwards Florida Judicial Qualifications Commission, Tallahassee Honorable Richard T. Earle, Jr. Mt 40 OFFICE. OF THE COUNTY .IUnOR 1`'iQ fni INDIAN RIVER COUNTY f Graham W. Stikelether, Jr, VBpU Iti;nen, F'1.otann a2oao C�h, � b �xxxwx x�c 0.1,9 O JUDGE C\ I Memo To: Board of County Commissioners From: Judge Graham W. Stikelether, Jr. Date- November 25, 1974 As of this date, I have not received the official signed notice of reinstate- ment from the Supreme Court; however, it is eminent and can come any day. I anticipate actively resuming the bench on December 9th, however, I will resume my official administrative duties the day that I receive my letter of reinstatement. As you know, upon my being suspended by the Supreme Court in April, all of my books, accounts and ledgers for the office, as well as the budget had been transferred to the Clerk of the Circuit Court. It is my understanding that the budget for my office and all of the books and records as above indicated were to remain with the Clerk's office until I was reinstated, at which time the same would be returned to me. By with letter, I am respectfully requesting that you authorize Mr. Ralph Harris, as Clerk of the Circuit Court, that upon receipt of a copy of the Order of Reinstatement from me that he return to my office all of my books, records, ledgers, etc. that he has in his position and that he also let me know the status of my budget and honor requisitions by me on the same. I am making this request so that these matters may be expedited and due to the bi-monthly meetings of the commission, a greal deal of time could be saved by authorizing my request to be effective immediately upon my reinstatement. Thank you for your cooperation in this matter. 1,% 1 r 2 /(I'. Graham W. StR—clether, Jr, GWS /Jr, : gae c. c. Ralph Harris, Clerk of Circuit Court Paul Burch, County Attorney 40 RESOLUTION NO. 74-93 WHEREAS, according to a request, the Clerk of the Circuit Court did duly advertise and hold a tax sale on the following described property, to -wit: Lot 1, Block K, Pine Tree Park, Unit No. 2, according to the plat thereof recorded in the Public Records of Indian River County, Florida owned by Rocco J. and Eleanor Venduro; and WHEREAS, there was an excess of $1,709.02 bid at said sale which the prior owners are entitled to; and WHEREAS, Rocco J. Venduro and Eleanor Venduro, are no longer husband and wife by virtue of Final Judgment of Dissolution entered May 15, 1969, in the Supreme Court of the State of New York, in and for Albany County in the City of New York, thus creating a tenancy in common between Rocco J. and Eleanor Venduro; and WHEREAS, the whereabouts of the said Eleanor Venduro is unknown; and WHEREAS, the said Rocco J. Venduro, also known as Rocco Venduro, has appointed Pat Traylor, d/b/a International Locator Service, as Agent and Attorney in Fact for receipt of any funds due him by Indian River County, Florida, for excess of funds received on the sale of said property set out above; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners in meeting assembled this 18th day of December, 1974, as follows: 1. That the Clerk of the Circuit Court shall be and he is hereby authorized to pay to International Locator Service as Agent and Attorney in Fact, for Rocco J. Venduro, also known as Rocco Venduro, the sum of $854.51, representing the undivided one-half (1/2) interest of Rocco Venduro of excess o` the sale of: Lot 1, Block K, Pine Tree Park, Unit No. 2, Indian River County records 0 from the General Fund, less any service fee imposed by Florida Statute 197.291 (2). 2. The remaining amount of $854.51 of excess funds on said sale due Eleanor Venduro shall transferred out of the General Fund by the Clerk of the Circuit Court and set up in a Trust Fund for Eleanor Venduro until October 1, 1975, or until such time as its proper dispostion can be ascertained. BOARD OF COUNTY COMMISSIONERS OF INDI�iA,NN RIVER COUNTY, FLORIDA By Alma Lee Loy, Cha r a,�,'— ATTEST: 4e� This Resolution was duly adopted this 18th day of December, 1974. ----�%Clerk i _ RESOLUTION NO, 74-95 WHEREAS, the Zoning Commission of Indian River County, Flor- 40M ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River • = County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the follow- )ing property owned by Charles A. and Thelma Y. Cleveland, situated in Indian River County, Florida, to -wit: From the Northeast corner of the North 1/2 of the SE 1/4 of the NE 1/4 of Section 7, Township 31 -South, Range 39 - East, Indian River County, Florida; run South on the sec- tion line a distance of 270 feet; thence run North 79 de- grees, 19 minutes East a distance of 321.3 feet; thence run North 10 degrees, 41 minutes West a distance of 80 feet to a Point of Beginning of the Southwest corner of the 15 foot easement for ingress and egress across the West side of Parcel "B"; thence run North 79 degrees, 33 minutes East a distance of 151.1 feet to the West shore of the Indian River; thence run North 33 degrees, 52 minutes West a distance of 101.49 feet to the intersection of the South right-of-way line of a 40 foot private road; thence run South 68 degrees, 17 minutes West on said right-of-way a distance of 134.68 feet to the Northeast corner of Parcel "C"; thence run South 27 degrees, 32 minutes East a distance of 72.15 feet to said Point of Beginning. Containing 0.27 acres more or less. (Being designated as Parcel "B" on unrecorded Certificate of Survey of the lands known as "ROUSSEAU RIVERSHORES:" dated May 8, 1963, prepared by R. D. Carter Engineering Firm, Inc., Vero Beach, Florida.) TOGETHER WITII the right of ingress and egress over a private road. Be changed from C-1 Commercial District, to R-1 Single Family District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. Effective as of January 2, 1975. RESOLUTION NO. 74-96 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, dial, after public hearing, make its final report recommending changes and additions to the Zoning Ordinance of Indian Iliver County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hear- ing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the 'Zoning Map be changed in order that the follow- ing described property comprising the area of Gifford West of 43rd Avenue, situated in Indian River County, Florida, to -wit: All of Tract 14 and the unsubdivided portion of Tract 13, of Section 21, Township 32 -South, Range 39 -East; Be changed from M-1 Restricted Industrial. District, to R -IRM Residence -Mobile Home District. All of the subdivision of Crystal Sands, as recorded in Plat Book 8, page 16, of the public records of Indian River County, EXCEPT Lot 1, Block 1. AND The East 940'+ of Tract 8; the east 3151+ of Tract 1; the east 280'+ of Tract 9; all .in Section 28, Township 32 -South, Range 39 -East; Be changed from M-1 Restricted Industrial District, to R-1 Single Family District. Tracts 11, 1.0, and the West 660' of Tract 9, the east 6901+ of Tract 12, the East 3301+ of Tract 5, the West 197'+ of Tract 6, all in Section 28, Township 32 -South, Range 39 -East; Be changed from M-1 Restricted Industrial District to LM -1 Light Manufacturing District. The east 1151+ of Tract 2, and the following described parcel of land; commence at a point being the intersection of the north -south dividing line between Tracts 1 and 2, Section 28, Township 32 -South, Range 39 -East, run east along said line 1451+ to the point of beginning; thence run south 170' to a point; thence east 100' to a point; thence: south 11.30'+ to a point; thence run east 408.751+ to a point; thence run north 1300'+ to a point, thence run east for 1651+ to a point, thence north for 261'+; thence run west to the point of beginning; Be changed from M-1 Restricted Industrial District, to R-2 Multiple Family District. All within the meaning and intent and as set forth and describ- ed in said Zoning Regulation. The effective date is January 2, 197". RESOLUTION NO. 74-97 WHEREAS, inflationary costs have resulted in an additional demand on the County's revenues; and WHEREAS, Federal Revenue Sharing monies represent a loss of County improvements; and WHEREAS, General Revenue Sharing Legislation will be considered by the 94th Congress; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida, does hereby urge that: 1. General Revenue Sharing be continued in its present form. 2. Passage of such General Revenue Sharing Legislation be a primary objective of our Senators and Congressmen. BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Indian River County delegation in Washington, D. C. and all Counties in the State of Florida, requesting support for General Revenue Sharing and passage of a similar Resolution by the Governing Board of each County requesting the continuation of Federal Revenue Sharing. DONE AND ADOPTED in regular meeting of the Board of County Commissioners herein assembled this 18th day of December, 1974. BOARD OF COUNTY COMMISSIONERS OF INDDII�A�iN RIVER COUNTY, FLORIDA By / !/lam/_ Alma Lee Loy, Chairman,�f the Board Attest -- RaZpb-Ha is, Clerk (SEAL) 40 RICHARD (DICK) STONE RA111DA Wnifeb -StMez Zenctie WASHINGTON, D.C. 10610 January 10, 1975 Miss Alma Lee Loy Chairman of the Indian River Board of County Commissioners Vero Beach, Florida 32960 Dear Miss Loy: Thank you very much for sending me a copy of the Indian. River Board of County Commissioners' Resolution favoring the continuation of the General Revenue Sharing legislation. I have supported revenue sharing as outlined in your Resolution for the past seven years . . . as State Senator, Secretary of State and during my campaign for the United States Senate. You may be assured of my continued support. I am looking forward to a very fine relationship with you and our many friends in Indian River County.. With warm personal regards. RS:efb Most cordially, �) l ct Richard (Dick) Stone 40 A RESOLUTION No. 74-98 At the December 18th, 1974 meeting of the Board of County Commissioners a Motion was made by Commissioner Massey, seconded by Commissioner Siebert, and unanimously passed to transfer the balance of funds under the old Emergency Employment Program, of $13,358.73 to the City of Vero Beach who will administer these funds. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Alma Lee Loy, Chairman Attest: ICalph Zrarris, Clerk -51-