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HomeMy WebLinkAbout1974-033® ` RESOLUTION No. 74- a ® BE IT RESOLVED by the Board of County Commissioners of !.Zdian River County, Florida: SECTION I This Resolution shall be known and may be cited as the "Vero Beach Deauville, Inc„ Sewer Franchise." SECTION 11 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 tense 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 j the State of Florida. i i (b) "Company" is the Grantee of rights under this franchise, that is, VERO BEACH DEAUVILLE, INC., a Florida corporation. (c) "Board" is the Board of County Commissioners of the County. s (d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (e) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality as the same is more particu-! larly defined and described herein. (f) "Sewer System" is any plant, system, facility or property used i or useful or having the present capacity for the future use in connection with the i i collection, treatment, purification or disposal of sewage and sewage affluent and residue for the public and, without limiting the generality of the foregoing definition, shall embrace treatment plants, pumping stations, intercepting sewers, pressure j lines, mains, laterals and all necessary appurtenances and equipment and shall i include all property rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof. Smith, Heath, Smith & O'Halre, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32060 F71 SECTION III There is hereby granted by the County to the Company the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a sewer system within the prescribed territory as herein provided and for these purposes to collect and dispose of sewage within the territory and for these purposes to estab- lish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under Iand 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 jl use of such public places for any and all 6iKer lawful purposes and subject always to the paramount right of the public in and to such public places. SECTION IV The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, described as follows: Ail of Government Lots 3, 4, 5, 6, 7 and 8, Section 8, Township 33 South, Range 40 East, and Government Lot 1, Section 9, Town- ship 33 South, Range 40 East, lying and being in Indian River County, Florida. SECTION V The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. SECTION VI It is expressly understood and agreed by and between the Company And i the County that the Company shall save the County and members of the Board harm- II� less from any loss sustained by the County on account of any suit, judgment, 1 execution, claim or demand whatsoever resulting from negligency 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 I any person resulting from negligence on the part of the Company may be prosecuted i directly by such person against the Company as if no governmental immunity accrued I to the County by virtue of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demand. -2- Smith, Heath, Smith 8 O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 1 dP SECTION VII T'1e Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable reso- lutions 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 i regulations shall be reasonable and not in conflict with the rights herein granted i i and not in conflict with the laws of the State of Florida. The County shall have the right to supervise all construction or installation work performed and to make such Inspections as it shall find necessary to insure compliance with all governing J1 regulations. CCP- Ill Al 1/111 All the facilities of the Company shall be constructed only In accordance i 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 manner of collection i and disposal of sewage shall at all times be and remain not inferior to the rules, regu- i lations and standards now or hereafter adopted by the State Board of Health. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Company shall do so at such times as will cause the least amount of inconvenience to its consumers and, unless such repairs are unforeseen and immedi-. • i ately necessary, it shall give reasonable notice thereof to its consumers. SECTION IX A. The Company shall have the authority to promulgate such rules, i regulations, teras and conditions covering the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations, terms and i i 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. -3- �I !' Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 i! IIB. At all times herein where discretionary power is left with the Board of County Commissioners, the Company, before discretionary action is taken by the I ® Board of County Commissioners, can request of said Board that a group of arbitrators be appointed, and such group shall consist of: 1. County Engineer 2. Company Engineer 3. One person selected by the two above-named persons • I and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, can be appealed to the C17cuit Court of Indian River County by either, party. SECTION X All pipes, mains, valves and other fixtures laid or placed by the Company. shall be so located in the public places in the County so as not to obstruct or inter- fere with any other uses made of such public places already installed. The Company i shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the County Engineers, 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 (1) year. In the event that the County shall, at any time, lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such public way, the Company shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Company shall not locate any of its facilities nor do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Company shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Company thereto; provided, however, in the event of this termination of easement, the person requesting such -4-- ! Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 i. ® termination shall pay to the Company, in advance, Its costs of removal and reloca- tion of the removed facilities in order to continue Its service as theretofore existing, 11 or the County shall retain an easement not less than ten (10) feet in width for the benefit of the Company and its facilities. SECTION XI The Company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to j any person nor subject any person to any prejudice or disadvantage, provided that • i nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to which any consttrter coming within such classification j would be entitled. SECTION XIl A. The Company shall furnish, supply, install and make available its public sewer system to any and all persons within the territory making demand there! for and.shall provide such demanding person with its services and facilities within one (1) year from the date of such demand; provided, however, that the Board may, upon application of the Company, extend the time for providing such service to such i demanding person. In the event the Company fails to provide its services and facilities to any area within the territory within the time provided, then, in such event, the County may, by resolution of the Board, limit, restrict and confine the territory to that area then being serviced by sewer by the Company or such greater area as the Board shall determine, and thereafter the territory shall be only the 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 Company shall not be required to furnish, supply, install and make available its public sewer system to any person within the territory as herein- before set forth unless the same may be done at such a cost to the Company as shall make the addition proposed financially feasible. "Financially feasible" shall mean that, with a fair and reasonable rate to be charged by the Company for all its services under this franchise, such rate will produce to the Company a sum sufficient to meet all necessary costs of the services, including a fair rate of return on the net Ila Smith, Heath, Smith & O'Haire, Attorneys At Law, P. 0. Box 518, Vero Beach, Florida 32960 m ® valuation of its property devoted thereto under efficient and economical management.' The burden of showing that a prospective service to the area is not financially ® II feasible shall be the burden of the Company. err-11-111ni vol The Company shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without the approval of the Board, and provided further that no such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an 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 i franchise shall not be transferable and assignable until notice or request for transfer, I and assignment shall be given by the Company to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain informa- tion concerning the financial status and other qualifications of the proposed transferee i 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 i notice shall be filed with the Board. Said hearing may thereafter be continued from i time to time as determined by the Board. The consent by the Board to any assignment of this franchise shall not be unreasonably withheld. cGr-rinr.i vni The rates charged by the Company for its service hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including t a fair rate of return on the net valuation of its properties devoted thereto under efficient and economical management. The Company agrees that it shall be subject i to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect, but not to exceed, the following schedule of rates, which shall remain effective until changed or modified as herein provided, to wit: -6- Smith, He.:ith, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 ® ' A. Sanitary Sewer Rates Minimum monthly bill shall be based on water meter size. ® 3/4" E 5/8" Meter Minimum $ 6.76 1" Meter Minimum 13.50 1 1/4" E 1 1/2" Meter Minimum 22.50 2" Meter Minimum 30..76 3" E 4" Meter Minimum 54.00 6" Meter Minimum 75.00 Excess Quantity Charge First 3,000 gal. ------------- Minimum - $6.76 Next 12,000 gal, ------------- @ $1.06 per 1,000 gal. Next 25,000 gal. ------------- @ .90 per 1,000 gal. Next 35,000 gal. -------------- @ .78 per 1,000 gal. /•ill over 75,000 gal. ------------- @ .66 per 1,000 gal. SECTION XV The County shall have access at all reasonable hours to all of the Company's plans, contracts, engineering data, accounting, financial, statistical, consumer and service' records relating to the property and the operation of the Company and to all ; 1 other records required to be kept hereunder, and it shall file such accounting reports and data with the County when required. SECTION XVI I The Company shall at all times maintain public liability and property i I 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 Company. If any person serviced by the Company under this franchise complains to the Board concerning the rates, charges and/or operations of such utility and the Company, i after request is made upon it by the Board, fails to satisfy or remedy such complaint or objection or fails to satisfy the Board that said complaint or objection is not proper I the Board may, thereupon, after due notice to the Company, schedule a hearing con- cerning such complaint or objection, and the Board may review the rates and charges set and charged by the Company for the service it furnishes or the quality of services furn'shed. If the Board enters its order pursuant to such hearing and the I Company fee's it is aggrieved by such order, the Company may seek review of the ! I -7- Smith, Heath, Smith 8 O'Haire, Attorneys At Law, P. O. Box 518, Vero Boach, Florida 32960 GDM jl Board's action by proceedings 16 the Circuit Court of the County; otherwise, the Company hall promptly comply with the order of the Board. II SECTION XVII Should the Company desire to increase any charges heretofore established. and approved by the Board, then the Company shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. A public hearing i shall then 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 I i month nor less than one week preceding such hearing. Certified proof of publica- tion of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. If the Board enters an orders pursuant to such hearing and the Company or any person feels aggrieved by such order, then the Company or such person may seek review of the Board's action by proceeding in the Circuit Court of the County. Cce"ri 1w1 V11111 Prior to the Company's placing any of its facilities in any of the public places as herein authorized, the Company shall make application to and obtain a permit from the Indian River County Utilities Department authorizing said construc- tion in the same manner as permits are authorized in the County for the use of the public roads as shall now or hereafter be established by regulations of the County. i The County shall have the right, when special circumstances exist, to determine the time in which such construction shall be done. SECTION XIX If the Company fails or refuses to promptly and faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Company written notice of such deficiencies or defaults and a i reasonable time within which the Company shall remedy the same, which notice shall I specify the deficiency or default. If the Company fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may, there- after, schedule a hearing concerning the same with reasonable notice thereof to the i Company anJ, after such hearing at which all interested parties shall be heard, the i -8- Smith, Heath, Smith 8 O'Haire, Attorneys At Law, P. O. Box 51£3, Vero Beach, Florida 32960 ?JE II Board may further limit or restrict this franchise or may terminate and cancel the Ej same in whole or in part if proper reasons thereby are found by the Board. If the Board enters an order pursuant to such hearing and the Company or any other per- son feels aggrieved by such order, the Company or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION XX 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 grantedd-by the Board pursuant to Section 125.42, Florida Statutes. SECTION',AXI 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 con- tinue in force and effect for a term of forty (40) years after such adoption; provided, however, that, within sixty (60) days from the time of the adoption of this resolution; the Company shall file with the Board its written acceptance of this franchise and all of its terms and conditions, and provided, further that, if such acceptance is not filed' within the time specified, then the provisions of this franchise shall be null and void. SECTION XXiI The franchise and rights herein granted shall continue in force and effect until such time as the County or other governmental agency is operating a public - owned sewer system offering service to the territory. The Company agrees with the County that it will, upon written notification from the County, at its own expense, • I deed to the County all sewage facilities, easements and rights of ways within the franchise area. In consideration of such a conveyance, the County agrees with the Company that the Company will be reimbursed for those parts of its sewage system which will become an integral part of the County's master utility plan. The amount of the reimbursement will be determined by a formula established by the County and 1 agreed to by the Company prior to the County's issuing a permit for construction of I the sewer system. -9- Smith, Heath, Smith 8 O'Haire, Attorneys At Law, P. 0. Box 5111, Vero Beach, Florida 32)[;0 n SECTION XXIII I' any word, section, clause or part of this resolution is held invalid, suchh i 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 i 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 8th day of May I A. D. 1974. COUNTY F INDIA RjY R, F O A i 1 Signed, sealed and delivered In the presence of: By: C,, h i As Chairman the Board o ounty Commissionerss Attest: Clerk / j 1 ACCEPTANCE OF FRANCHISE VERO BEACH DEAUVILLE, INC., a Florida corporation, does hereby accept the foregoing franchise and, for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this 13th day of May , 1974, VERO ACR DEAUVILLE, INC. i (Corp. Seal) Smith, Heath, Smith K O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 STATE OF FLORIDA COUNTY OF INDIAN RIVER ® 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in thf, State and Courty aforesaid to take acknowledgments, personally appeared ` FREI) -7. EISLER as authorized agent of VERO BEACH DEAUVILLE, INC.; a Florida corporation, and he acknowledged before me that he i executed the foregoing instrument for the uses and purposes therein expressed. ' WITNESS my hand and official seal in the State and County aforesaid this 13111day of May 1974. No ajy Frublic, State of Florida a % rge. My commission expires: NOTARY PUBLIC STATE Of PLORIDA AT LARGE (Notary Seal) MY cmim]SSION EXPIRES FEB. 1, TM BONDED THRU GENERALINCURA::CE UNDERWRITERS ONE Smith, Heath, Smith 8 O'Flaire, Attorney;; At Law, P. O. Dox S18, Vert Deach, Florida 329(;O