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HomeMy WebLinkAbout1987-017RESOLUTION 87-17 • A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY AND THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE PROVISION OF WATER AND/OR SEWER SERVICES TO THE CITY BY THE COUNTY; APPROVING THE FORM THEREOF; AUTHORIZING THE EXECUTION THEREOF; AUTHORIZING THE ACCEPTANCE OF THE WATER AND SEWER SERVICES FRANCHISE GRANTED BY THE CITY OF SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, acting for and on behalf of Indian River County, Florida (the "County"), as follows: 1. Approval. The County hereby approves the form and substance of the Intergovernmental Agreement by and between the County and the City of Sebastian, Florida (the "City"), a copy of which is attached hereto, relating to the provision of water and/or sewer services to the City by the County. 2. The County hereby approves the acceptance of the Water and Sewer Services Franchise granted by the City pursuant to Resolution R_87_6 of the City. 3, Execution. The Chairman of the Board of County Commissioners of the County is hereby authorized to execute the Intergovernmental Agreement and the acceptance of the Franchise for and on behalf of the County. 4. Effective Date. This Resolution shall take effect immediately upon its adoption. INDIAN RIVER COUNTY, FLORIDA ATTEST: By: /L, Gil//lA County C' r Don . Sc r oc , Jr G(, ZCJ C Chairman (SEAL) I HEREBY CERTIFY that the foregoing RESOLUTION was duly � V � adopted by the Board of County Commissioners of Indian River County, Florida, on the 3rd day of February , ountyC Date: _.3�ff � (SEAL) f i APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, effective as of the last date of execution hereof, is made by and between Indian River County, Florida (the "County"), and the City of Sebastian, Florida (the "City"). W I T N E S S E T H: WHEREAS, the County now provides collection, transmission, treatment and disposal of sanitary sewage and distributes water in some of the unincorporated areas within its territorial boundaries; and WHEREAS, the City desires that the County provide such water and sewer services to areas located within its incorporated limits; and WHEREAS, the City has granted the County the exclusive right and privilege of providing such water and sewer services to the County's Franchise Territories located within the City's incorporated limits by Resolution R-87-6 of the City; and WHEREAS, the County and the City desire to enter into an intergovernmental agreement which would provide for a more specific statement of the rights and responsibilities of each in connection with the provision of such water and sewer services. NOW THEREFORE, the County and the City, each binding itself, its successors and assigns, and each representing that it fins proper legal authority to enter into this Intergovernmental Agreement, and each intending to be bound hereby, do mutually represent, covenant and agree as follows: s ARTICLE I DEFINITIONS SECTION 1.01 Defined Terms. When used in this Intergovernmental Agreement, the following te*ms shall have the following meanings, unless the context clearly requires otherwise: "Agreement" shall mean this Intergovernmental Agreement. "City" shall mean the City of Sebastian, Florida. "County" shall mean Indian River County, Florida. "Franchise" shall mean the water and sewer services franchise granted to the County by Resolution R-87-6 of the City. "Impact Feer," shall mean any and all fees imposed by any ordinance in order to offset a portion of the capital costs of anticipated new demand on the System. "Project" shall mean the acquisition, construction, addition, improvement, oversizing, separating and equipping of the System to provide Services within the City or any part thereof. "Services" shall mean the collection, transmission, treatment and disposal of sanitary sewage, and the distribution of water. "Special Assessments" shall mean assessments levied upon the abutting, adjoining, contiguous or other specially benefitted property in order to defray all or a part of the costs of any Project. "Special Assessments in Lieu of Impact Fees" shall mean assessments in lieu of impact fees levied upon property, with the consent of the property owner. "System" shall mean the sanitary sewage collection, transmission, treatment and disposal system (such system to include collection lines, pumping stations, lift stations, force mains, manholes, sewage treatment plants and - 2 - 40 • other appurtenances necessary and appropriate thereto) of the County, together with the water distribution system (such system to include water lines, wells, pipes, pumps, treatment facilities and other appurtenances necessary and appropriate thereto) of the County for the purposes of providing Services. SECTION 1.02 Interpretations. Any reference herein to the County or to the City or to any member or officer of either, includes entities or officials succeeding to their respective functions, duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. All "notices", "requests", or similar actions hereunder shall be in writing signed by an authorized officer of the County or of the City, as the case may be. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof", "hereby", "herein", "hereto", "hereunder" and similar terms refer to this Agreement; and the term "hereafter" means after, and the term "heretofore" means before, the date of this Agreement. Words of any gender include the correlative words of the other genders, unless the context indicates otherwise. ARTICLE. II FINDINGS SECTION 2.01 Projects. The County and the City understand and agree that in order to provide the Services contemplated herein within the City, or any part thereof, and by the Franchise, the County will have to make additions and improvements to its existing System. The existing System and the System as it exists after the completion of any or all Projects, are and shall continue to be owned, operated and maintained solely by the County. SECTION 2.02 Issuance of Bonds. The County and Che City further understand and agree that it may be necessary and desireable to provide for the - 3 - • issuance of bonds by the County to finance the costs of any Project undertaken pursuant to this Agreement or the Franchise. The payment of the principal of, redemption premium, if any, and interest on such bonds shall be paid from funds pledged for that purpose, including, but not limited to rates, charges and fees for the Services; Impact Fees; Special Assessments and Special Assessments in Lieu of Impact Fees. ARTICLE III FINANCIAL MATTERS AND COVENANTS SECTION 3.01 Covenants of the City. At such time as the Countv agrees to provide Services within the City, or any part thereof, pursuant to the Franchise, the City covenants as follows: (a) to enact, keep in force, enforce and otherwise maintain ordinances or resolutions similar to those now or hereafter exacted by the County relating to any and all mandatory connections, rates, charges and fees for Services; Impact Fees; Special Assessments and Special Assessments in Lieu of Impact Fees, at the request of the County, and not to enact, keep in force, enforce or otherwise maintain any other ordinances or resolutions with respect to Services provided by the County within the City or any part thereof within the County's Franchise Territory; (b) should any bonds be issued by the County to finance the costs of any Project, to comply with and be bound by any representations, covenants, agreements or pledges made by the County in connection with the issuance of such bonds, as if such representations, covenants, agreements and pledges had been made by the City, and to take any action necessary to effect them; (c) to diligently enforce its right to receive any and all rates, charges, fees, Impact Fees, Special Assessments and Special Assessments in Lieu of Impact Fees under any ordinance or resolution of the City in connection with this Agreement; (d) to be unconditionally and irrevocably obligated to diligently take any lawful action necessary or required to collect such rates, charges, fees, Impact Fees, Special Assessments and Special Assessments in Lieu of Impact Fees, including, but not limited to actions necessary or required to reduce the same to liens and to enforce payment of such liens; (e) to immediately pay over to the County any rates, charges, fees, — 4 — i r, Impact Fees, Special Assessments or Special Assessments in Lieu of Impact Fees collected in connection with this Agreement or provide for direct payment thereof to the County, if so requested by the County; and (f) to take any and all other actions necessary or desireable to carry out the purpose and intent of this Agreement. SECTION 3.02 Covenants of the County. At such time as the County agrees to provide Services within the City, or any part thereof, pursuant to the Franchise, the County covenants as follows: (a) to diligently proceed with any Project(s) with respect thereto; (b) to construct, maintain, repair and operate the System with respect thereto in good condition, repair and working order, and to provide Services with respect thereto in an orderly and efficient manner; and (c) that at all times all rates, charges, fees charged by the County for Services with respect thereto shall not exceed those charged by the County in the unincorporated areas of the County. Anything to the contrary contained herein notwithstanding, the County shall not be under any obligation to provide services within the City or any part thereof unless the County finds it economically feasible to do so. ARTICLE, IV MISCELLANEOUS SECTION 4.01 Inspection of Rooks and Records. The County and the City, by a duly authorized representative, shall each have the right at any time during business hours to inspect the books and records of the other In order to ascertain the compliance of the other with the provisions of this Agreement. SECTION 4.02 Non -Waiver of Rights. The failure of rather the County or the City to insist upon strict performance of this Agreement or any of the terms or conditions thereof shall not be construed as a waiver of any of its rights hereunder. - 5 - 40 SECTION 4.03 Termination. If no Projects are undertaken within two (Z) years after the effective date hereof, this Agreement shall be null and void. SECTION 4.04 Modification. This Agreement constitutes the entire agreement between the County and the City as to the subject matter hereof and there are no other representations or agreements, verbal or written other than those contained herein. This Agreement may only be modified by an instrument in writing executed by both the County and the City. SECTION 4.05 Severability. Should any one or more of the provisions of this Agreement for any reason be held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision of this Agreement and this Agreement shall, in such circumstances, be construed and enforced as if such illegal, invalid or unenforceable provision had not been contained herein. A provision can be a single word or it can be an entire section or more than one section for the purpose of interpreting this Section 4.05. IN WITNESS WHEREOF, the County and the City have caused this Agreement to be duly executed, effective as of the last day and year stated below: ATTEST: City of Sebastian 12) By: (SEAL) Date of Execution: February 3, 1987 ATTEST: Indian River County � Gc.n—'/" '/�- By: C (SEAL) Date of Execut on: e 1—In :.. -6- 4D RESOLUTION R-87-6 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO INDIAN RIVER COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS, A WATER AND SEWER FRANCHISE IN THE INCORPORATED LIMITS OF SEBASTIAN, FLORIDA; CONTAINING PROVISIONS AND CONDITIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Sebastian, Florida, acting for and on behalf of the City of Sebastian, Florida (the "City"), as follows: 1. Grant of Franchise. The City hereby grants to Indian River County, Florida (the "County"), the exclusive right and privilege of maintaining, operating and expanding a sanitary sewage collection, transmission, treatment and disposal system (such system to include collection lines, pumping stations, lift stations, force mains, manholes, sewage treatment plant and other appurtenances necessary and appropriate thereto), and a water distribution system (such system to include water lines, wells, pipes, pumps, treatment facilities and other appurtenances necessary and appropriate thereto) for the purposes of providing adequate and sanitary sewage collection and disposal services, and for the supplying of water, for sale within the the territories hereinafter defined (the "Franchise"), all such territories being within the incorporated limits of the City. 2. Territory. The geographic area to which this Franchise shall be applicable is the entire area within the incorporated limits of the City, excluding the areas in which the City has previously granted franchises to furnish water or sewer services to the extent thereof, (the "Franchise Territory"). Should any such prior franchise expire, revert, be forfeited, cancelled or otherwise come under the control of the City, the territory covered by that franchise shall automatically become a part of the Franchise Territory. Any territory subsequently annexed by the City shall be added automatically to the Franchise Territory. 3. No Competing Franchise. To the full extent permitted by law, the City shall not allow, grant or authorize the allowance or the granting of a competing franchise to furnish EN water or sewer services to or within the Franchise Territory. 4. Service Standards. The County shall institute water and/or sewer services to the Franchise Territory, or any part thereof, when, in the sole opinion of the County, it is econom- ically feasible to do so. At the time the County agrees to provide water and/or sewer services to the Franchise Territory, or any part thereof, it will make such additions and improvements to its system as are necessary to provide adequate water and/or sewer services that area. Within the Franchise Territory, or any part thereof, where the County has agreed to provide water and/or sewer services, the following standards shall apply unless otherwise required by the County: (a) in the case of single family lot owner, the running of any lines from the owner's private plumbing to the closest point of connection, as designated by the Countv,shall be the responsibility of the owner; (b) in the case of any other structure, except as provided in (c) below, including but not limited to, any multi -family dwelling, the running of any lines from the structure's private plumbing to the closest point of connection, as designated by the County, shall be the responsibility of the owner(s) of said structure; and (c) in the case of a developer, the running of any lines to the closest point of connection, as designated by the County, shall be the responsibility of the developer; provided, however, that the County may, in its sole discretion, also require that the developer first make provisions for the installation of a complete sewage collection and water distribution system, including pump stations, force mains, and appurtenances necessary or appropriate to collect and convey the sewage from the development to the nearest sewage treatment plant, or the closest point of connection, as designated by the County. Said complete sewage collection and water distribution system shall be constructed in accordance with County standards and specifications and subject to the County's right of inspection and approval. Any developer the County requires to install a complete sewage collection and water distribution system shall have the option to have the County install said complete sewage collection and water distribution system and the developer shall pay the Countv for the cost thereof, including a reasonable fee for the County. The developer, before or at the time of connecting to the County's system, shall convey, assign and transfer to the County said complete sewage collection and water distribution system as a capital contribution in aid of construction to the County. In no case shall this provision be construed so as to permit any extensions or hookups of any new sewage collection or water distribution infrastructure that - 2 - is inconsistent with any then existing comprehensive ® land use plan, zoning ordinance, resolution, rule, regulation or law of the County, of the City or of the State of Florida. ® 5. License. To accomplish the proper performance of any water and/or sewer services, the County is granted the license, permit and privilege to construct, maintain, repair, operate and remove any and all necessary or appropriate lines, • pipes, manholes, pump stations, lift stations and the like upon, along, over, under and across any City or public road, easement, street, highway, ways, sidewalks, bridges or other City or public places which are within, adjacent to or in the vicinity of the Franchise Territory. In so doing however, the County covenants that it shall take reasonable safeguards, shall cause as little disruption to the public as possible, shall attempt to prevent the creation of obstructions or conditions which might be dangerous to the public, and shall promptly repair any damage or injury to such private, City or public property, restoring same to a condition comparable to that which existed prior thereto. 6. Term. This Franchise is for an initial period of thirty (30) years from the date of acceptance hereof, and is subject to renewal upon agreement by the City and the County. 7. Procedure for Determining Rates. All rates, charges and fees for water and sewer services shall be established solely by the County, provided that at all times rates, charges and fees shall not exceed those charged by the County in the unincorporated areas of the County. 8. Miscellaneous. If any term, covenant, condition or provision hereof, or the application thereof to any person, entity or circumstance shall, at any time or to any extent, be held invalid or unenforceable, the remainder of this Resolution, or the application of such term, covenant, condition or provision to persons, entities or circumstances other than those to which it was held to be invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition or provision of this Resolution shall be valid and enforceable to the fullest extent permitted by law. Except as otherwise expressly provided herein, the County shall have the authority to promulgate such rules and - 3 - regulations covering the conduct of its business as shall be 40 reasonably necessary or appropriate to enable it to exercise its 40 rights and perform its obligations hereunder. The City hereby declares that all resolutions or ordinances of the City in conflict with the provisions of this Resolution are hereby repealed to that extent. The City hereby covenants to assist and cooperate with the County in order to carry out the purpose and 0 • intent hereof. It is specifically agreed that this Resolution, when accepted by the County, shall be considered an agreement by and between the City and the County, and as such, a contractual instrument recognized under the statutes and common laws of the State of Florida. 9. Franchise Fee. Within the first two weeks of August of each year, the Countv, its successors or assigns, shall pay to the City, an amount of money which will equal Six Percent (GB) of the County's gross revenues from the sale of water and sewer service to all of its customers within the Franchise Territory. Each such franchise fee shall be for the twelve (12) month period ending on July 31st immediately preceding such payment date. The County may designate that portion of a customer's bill attributable to the franchise fee as a separate item on such bill. Any interest earned by the County on said fees shall be paid to the City. 10. Effective Date. This Resolution shall take effect immediately upon its adoption. CITY OF SEBASTIAN, FLORIDA ATTEST: -�} / A r r, )r ) C ,<.l ru B}y�� C ty Clerk,j Gene Mavor (CITY SEAL) == I HEREBY CERTIFY that the foregoing RESOLUTION was duly 2 - adopted by the City Council of the City of Sebastian, Florida, on the ' « day of January, 1987. City C1er6- DATE (CITY SEAL) __._ o form i ax;^,irAfi.:'.•t:y APPROVED AS TO FORM AND 9 LEGALLY SSUFFICIENCY City Attorney ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ON THE 3rd day of February 1987. ATTEST: �� C—le c to the Co ission Fay: Don C. Scurlock r., Q Z& e Chairman (COUNTY SEAL) I HEREBY CERTIFY that a fully executed copy hereof was delivered to the Office of the City Clerk, City of Sebastian, on the day of January, 1987. City Clerk - 5 -