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HomeMy WebLinkAbout1987-066A8121;87.2fRes 1LEGAL(Vk)TP • r O RESOLUTION NO. 87-66A ® A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, GRANTING A WATER AND SEWER FRANCHISE TO BENT PINE UTILITY SYSTEM. WHEREAS, by Resolution No. 79-111 Indian River County (County) granted a water and sewer franchise t.-) Bent Pine Utility Co. (Utility) effective March 28, 1980; and WHEREAS, pursuant to that franchise the County had the right under certain conditions to acquire the system within seven years; and WHEREAS, the County formally advised the Utility that the County was not interested in acquiring the utility system pursuant to that option; and WHEREAS, the franchise provided that 1f the County chose not to acquire the system, the County must issue the Utility an appropriate franchise extending its rights under Resolution No. 79-111; and WHEREAS, by public hearing held July 14, 1987, before the Board of County Commissioners, the County by unanimous vote extended the current franchise as given in Resolution No. 79-111 for an additional seven years, with certain amendments as listed below, and gave the Utility until September 14, 1987, to correct any and all deficiencies so that the Utility would be in compliance with the new franchise; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: 1. Resolution No. 79-111, which is attached hereto and made a part hereof, is extended for a period of seven years from March 28, 1987, with the following amendments: 1 LA RESOLUTION NO. 87- ® A. Section, VI - reference to "Construction Specifications for Water Distribution and Sewage Collection Facilities' promulgated by the City of Vero Beach, Water and Sewer Department, November 1, 1977, or as amended" shall be of Changed to "Current County Construction Specifications as amended..."; and B. Section XIV - Under "ESCROW CHARGES" delete all of Paragraph A and the last sentence of Paragraph B and renumber Paragraphs B and C; and C. Section_ XX - reference to "§125.43, Florida Statutes," should be changed to "§125.42, Florida Statutes"; and D. Section,XXIi - should be deleted and replaced by the following: FRANCHISE FEE X-7- ie TTt`i-f i ty hereby agrees to pay to the County a franchise fee in the amount of 6% of the Utility's annual gross receipts or operating costs (which includes the rate of return), whichever is greater, If Utility does not have a rate schedule, then it shall pay 6% of its gross operating costs or the sum of $500.00, whichever Is greater, The Utility shall pay the 6% franchise fee quarterly. This fee shall be shown as a separate additional charge on the utility bills. B. The Utility shall supply the County with a copy of an annual report in a form prescribed by Indian River County and financial statements. All records and all accounting of the Utility shall be in accordance with the Uniform System of Accounts of the National Association of Regulatory Utilities Commissioners and generally accepted accounting principles. Within 90 days after the close of the fiscal year, the Utility shall submit financial statements certified by a CPA and also a letter from a CI'A certifying that the 6% franchise fee and any other requested fees have been collected and disbursed in accordance with the terms of this Agreement. 2 jRESOLUTION NO. 87-66A _ • E. Interest shall be paid on the Repairs and/or 40 Replacement account for the past seven years that it would have earned if the account had been established, as required In Section XIV, Escrow Charges. 2. Bent Pine Utility Company shall have until September 111, 1987, to bring itself into compliance with the terms of this new franchise. 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 14th day of ----- July -------, 1987. Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS iinj the /presence of: INDIAN RIVER COUNTY, FLORIDA By _ D07f"C. cur I oc �_�1L_------- Chairman �d for is tiv matters: Attest_.—� recta 19nr i gF e P. 6alcz�a, inistr r Clerk Xra� Approved for form and Approved for Utility matters: legal sufficiency: i� ar es )5. itunac ierrance=Pinto, erector County Attorney Div. of Utility Services BENT PINE UTILITY COMPANY By 3 RESOLUTION NO. 79-111 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: 4e SECTION I This Resolution shall be known and may be cited as the "Bent Pine Utility Company Water and Sewerage System Franchise". SECTION II 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 the State of Florida. (b) "County Engineer", may be "County Administrator". (c) "Corporation" is the Grantee of rights under this franchise, to wit: (d) "Board" is the Board of County Commissioners of the County. (e) "Person" is any person, firm, partnership, association, cor- poration, 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) "Water System" shall mean and include any real estate, attachments, fixtures, impounded water, water mains, services, valves, meters, plant, wells, pipes, tanks, reservoirs, systems, facility or other property, real or personal, used or useful or having the present capacity for future use in connection with the obtaining, treatment, supplying and distribution of water to the public for human consump- tion, fire protection, irrigation, consumption by business or industry and without limiting the generality of the foregoing, shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof. - 1 - (h) "Sewerage System" shall mean and include any plant, system, ® facility or property used or useful or having the present capacity for the future use in connection with the collection, treatment, Purification, or disposal of sewage effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals, and all necessary appurtenances and equipment and shall include all property rights, easements and fran- chises relating to any such system and deemed necessary or convenient for the operation thereof. (i) "Service" means supplying to a user the distribution of water and collection of sewage and the treatment of both. (j) "Hookup and/or Connection" is the connecting of potential user's property to the water and/or sewerage system in order to utilize the Corporation's services. SECTION III There is hereby granted by the County to the Corporation the non- exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and sewerage system within the described territory as herein provided and for these purposes to sell and distribute treated water and to charge for collection and disposal of sewage 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 there- for in, along under and across the public alleys, streets, roads, highway, and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for and all other 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, located within the following described boundary lines, to wit: -2- All of Tracts 17, 18 and Tracts 21 through 32, lying South of ® Lateral "G" Canal, all in the South One -Half of Section 9, Township 32 South, Range 29 East, in Indian River County, Florida; and that part of Section 10, Township 32 South, Range 39 East, lying South of Lateral "G" Canal; all of the Northwest ® Qquarter and Northeast Quarter of Section 16, Township 32 South, Range 39 East, lying West of Lateral "G" Canal; and all Of the Northeast Quarter of the Southwest Quarter of Section 15, Township 32 South, Range 39 East, lying West of Lageral "r," Canal; all located in Indian River County, Florida. The Bent Pine Utility 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 V It is expressly understood and agreed by and between the Bent Pine Utility Company and the County that the Corporation 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 Bent Pine Utility Company in the constrruction, operation or maintenance of the water and sewerage systems 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 Corporation may be prosecuted directly by such person against the Corporation as if no governmental immunity accrued to the County by virtue of the Bent Pine Utility Company use of a public place of the County, The County shall notify the Corporation promptly after presentation of any claim or demand. SECTION VI The Corporation shall maintain and operate its water and sewage plants and systems 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, which shall include but not be limted to "Construc- tion Specifications for Water Distribution and Sewage Collection Facilities" promulgated by the City of Vero Beach, Water and Sewer Department, November 1, 1977, or as amended. The County shall require the Corporation to comply with the above standards as they relate to material specifications, and compaction requirements immediately - 3 - surrounding the pipes and structures. Prior to the issuance of a ® construction permit, the County shall also require the Corporation's Project engineer to certify that the material to be used will'meet - the standards as set forth in said "Construction Specifications" of the City of Vero Beach, {Vater and Sewer Department, adopted November 1, 1977, or as amended. Upon approval by the'County of the plants and systems and upon payment of a fee of $20.00 per unit; a permit shall be issued to the Bent Pine Utility Company for the construction thereof. 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 reason- able and not conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right to supervise all construction or installation work performed and to make such inspections as it shall find necessary to insure compliance with all governing regulations. Upon the completion of all construction of the water and sewage treatment plants and distribution and collection systems, the project engineer for the Corporation shall certify, under seal, that the systems have been constructed in accordance with the plans and specifications previously approved, and further, has met all of the standards required by the Conunty, including pressure and leakage tests and chlorination and bacteriological tests for the water distribution system, and conducting infiltration and exfiltration tests of the sewerage system at Grantee's expense, whereupon the County will issue a permit accepting the water and sewerage systems, and further, that the said water and sewerage systems and all easements, (excepting only the water and sewer plants, and wells without appurtenances, and the real property upon which it is situated), shall he conveyed, along with "as -built" plans, to the County at the time of acceptance by a customary means of conveyance. Corporation shall, in addition, grant necessary easements to County without charge to connect the water and/or sewerage systems to County's Master Water and/or Sewerage Systems and such easements as -A - • • are necessary to provide access to the sewer systems and water systems. Simultaneously, the County shall give to the Corporation a maintenance lease for $1.00 per year, extending for the duration of this -Franchise. The County shall require the Corporation to comply with all landscape ordinance regulations enacted by the County. SECTION VII All the facilities of the Corporation shall be constructed in accordance with plans and specifications approved by the Department of Environmental Regulation of the State ofFlorida and the quantity and quality of water delivered and sold and the manner of collection and disposal of sewage shall at all times be and remain not inferior to the quality standards for public water supply, and public sewage collection, and other rules, regulations and standards now or here- after adopted by the Department of Environmental Regulation of the State of Florida. The Corporation shall maintain sufficient water pressure and mains of sufficient size with fire hydrants and other facilities necessary in the water distribution system to furnish fire protection at any and all areas within the territory serviced by the Corporation. Said fire flow standards shall be a minimum of 750 gallons per minute for residential, and 2500 gallons per minute for commercial. The Corporation shall also supply all water through meters which shall accurately measure the amount of water supplied to any consumer. The Corporation shall at any time, when requested by a consumer, make a test of the accuracy of any meter; prior, however, to any test being made by the Corporation, the sum of Five ($5.00) Dollars shall be deposited with the Corporation by the party requesting such test. Such sum shall be returned if the test shows the meter to be inaccurate in its delivery. The meter will --be changed, and should the meter reading calibrate too high, a billing adjustment will be made for no more that the past six months actual readings. whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Corporation shall do so at such times as will cause the least amount of inconvenience to its consumers and, unless such repairs are unforeseen and immediately necessary, it shall give not less that five (5) days notice thereof, to its consumers for non -emergencies. - 5 - SECTION VIII ® { (.a) The Corporation shall have the authority to promulgate such rules, regulations, terms, and conditions covering the conduct of. its • business as shall be reasonable necessary to enable the Corporation to exercise its rights ana perform its obligations under this fran- chise and to issue an uninterrupted service to each 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 Corporation, before discretionary action is taken by the Board of County Commissioners, can request said Board that a group of arbitrators be appointed, and such group shall consist of: 1. County Engineer 2. Corporation Engineer 3. One person selected by the above two persons and this Board of Arbitrators shall make recommendations to the Board Of County Commissioners, but such recommendations are not mandatory. Any final decision the Arbitrators or Board may have, with respect to this franchise, can be appealed to the Circuit Court of Indian River County, by either party. SECTION IX All water pipes, mains, hydrants, valves, blowoffs, and sewer mains and manholes, and other fixtures laid or placed by the Corporation for the water and sewerage systems shall be so located in the dedicated easements in the County, after approval by County Engineer, so as not to obstruct or interfere with other uses made of such public places already installed. The Corporation 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 Co,:poration shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so dis- turbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one _ 6 _ (1) 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 Corporation shall, upon reasonable • notice by the County, remove, relay and relocate its fixtures at the Corporation's expense. The Corporation 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 envent any such public place under or upon which the Corooration shall have located its facilities shall be closed, abandoned, vacated, or discontinued, the Board may terminate such easement or license of the Corporation thereto; provided, however,' in the event of this termination of easement, the party other than the County requesting such termination shall pay to the Corporation, in advance, its cost of removal and relocation, of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less that ten (10) feet in width for the benefit of the Corporation and its facilities. SECTION X The Corporation shall not as to rates, charges, service 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. SECTION XI (a) The Corporation shall furnish, supply, install, and make availabe its public water system and its public sewerage system to any and all persons within the territory making demand therefor, and shall provide such demanding person with its services and facilities, pro- vided, however, that the Board may, upon application of the Corporation, extend time for providing such service to such demanding person. In the event the Corporation fails to provide its services and facilities either as a water system or sewer system or both to any area within the territory within 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 water and/or sewerage by the Corpora- tion or such greater area as the Board shall determine, and thereafter, -. 7 - s 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 Corporation shall not be required to furnish, supply, install and make available its public water and/or sewerage systems to any person within the territory as hereinbefore set forth, unless the same may be done at such a cost to the Corporation as shall make the addition proposed financially feasible. Financially feasible shall •• mean that a fair and reasonable rate to be charged by the Corporation for all its services under this franchise; that such rate of return on the net valuation of its property devoted thereto under efficient and economical management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Corporation. SECTION XII The Corporation, or its Shareholders, shall not sell or transfer its plants or systems, or corporate stock, 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 Corporation to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board may require. A public hearing shall be held on such request of which notice shall be given by publication in a newspaper regularly published in the County at least one time not more that one month or 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 consent by the Board to any assignment 8 - Of this franchise shall not be unreasonable withheld. Any sale or ® transfer, by the Corporation or Shareholders of the Corporation, taking place contrary to the terms and conditions of this paragraph 'shall be considered by the Board to be a default by the Corporation under this franchise agreement and subject this franchise to termination. SECTION XIII Corporation warrants adequate capacity to service existing or anticipated customers and agrees not to provide water and/or sewerage service unless adequate capacity is available at the time any new connection is made. SECTION XIV The rates charged by the Corporation 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 Corporation agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Corpora- tion 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: WATER RESIDENTIAL AND COMMERCIAL First 2,000 gallons All other 2,000 gallons SEWER RESIDENTIAL COMMERCIAL 1. Apartments, multi -family units, mobile home parks with water meters 2. Motels and hotels (restau- rants as part of motel or hotel is billed separately as restaurant) RATE $7.10 per month - minimum $1.50 per 1,000 gallons $7.50 per month per single- family dwelling Minimum 80% of Base Rate Der unit or 900 of total water consumption times $1.50 per 1,000 gallons, whichever is greater. Minimum 20% of Base Rate per room or 100. of total water consumption times $1.50 per 1,000 gallons, whichever is greater. G-1 SEWER RATE 3. Restaurants Minimum Base Rate of 100% of total water consumption times $1.50 per 1,000 gallons, which- ever is greater. 4. Laundromats Minimum 50% of Base Rate per machine or 1008 of total water consumption times $1.50 per 1,000 gallons, whichever is greater. 5. All others, including schools, public buildings, Minimum Base Rate of g0% of churches, service stations, and retail total water consumption times $1.5.0 stores per 1,000 gallons, which- ever is greater. CONNECTION CHARGES Connection charges for both the water and sewer hookups shall be $300.00 each. ESCROW CHARGES A. Escrow charges of $200.00 per unit are to be paid for by the Bent Pine Utility Company to County. The County will establish an interest bearing passbook or Certificate of Deposit account and will deposit all escrow charges paid for any and all hookups in this franchise. The escrowed funds may be applied as follows: (1) At any time within the ensuing seven (7) years that the County shall acquire its own water distribution and/or sewage collec- tion systems, and shall furnish water services or sewer laterals to individual customers, within the franchise territory, all sums of money remaining in said account shall become the absolute property of the County and the Corporation shall relinquish all rights thereto. (2) In the event the above condition is not met by the. County within seven (7) years from the date of this franchise agree- ment, the County after notice from Corporation shall have the right to purchase the Corporations water and sewer plants at Corporations original purchase price less 3h% depreciation per year or in the alternative Corporations original purchase price less Corporations actual depreciation of said plants during the seven year period. In conjunction with the water and sewer plants purchase, County shall purchase necessary land areas upon which the plants are located at the then market value of the real estate. Upon acquisition of the - 10 - sewer plant, water plant, and appurtenant real estate, County would then own the entire water system and sewer system and would terminate this franchise and provide water and sewer utility service to the ® franchise territory. All accumulated escrow fees would vest in County. (3) In the event that either of the above conditions, (1) or (2), are not met by the County within seven (7) years after notice from the date of this franchise agreement, any sums of money remaining in the escrow account shall become the absolute property of the Corpora- tion and County shall grant to Corporation an appropriate franchise. (4) Throughout the term of this franchise, the Corporation shall be entitled to any and all interest which shall be paid annually on or before September 30th of each year to the Corporation. The Corporation shall be entitled to an accounting'of said interest bearing account, at any time upon request made by it to the County. B. Ten percent (10%) of the gross rates charged and received shall be placed in a second County interest bearing account and accumulated until the balance reaches Thirty Thousand Dollars ($30,000.00). The balance of the account may be adjusted by the Board of County Commissioners at such time as the need arises due to inflationary repair or replace- ment costs or other unforeseen costs. Said funds shall be used as a sinking fund and applied only for repairs and/or replacement of the water and sewerage systems by the Corporations as the need arises. County is granted the right to make necessary repairs using said funds in the event of default on the part of Corporation in maintaining the quality standards established herein. In the event County experiences its rights under (1) or (2) above, said fund shall vest in County. (C) The Corporation shall have the right to include the value of all water lines and appurtenances and all sewer lines, manholes, lift station and appurtenances which are conveyed to the County by said Corporation for establishing utility rates. The rates to be charged can reflect a reasonable rate of return on a rate base that is inclusive of these items. SECTION XVI ® The Corporation 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 Corporation. If any person serviced by the Corporation, under this franchise, complains to the Board concerning the rates, charges and/or operations of such utility and the Corporation, after request is•made upon it by the Board, fails to satisfy or remedy such complaint or objections 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 Corporation for the service it furnishes or the quality of services furnished. If the Board ant -arc its order pursuant to such hearing and the Corporation feels it is aggrieved by such order, the Corporation may seek review of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Corporation shall promptly comply with the order of the Board. SECTION XVII Should the Corporation desire to establish rates and charges or should the Corporation desire to increase any charges heretofore established and approved by the Board, then the Corporation shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. A public hearing 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 that one month or less than one week preceding such hearing. Certified proof of publi- cation 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 Order pursuant to such hearing and the Corporation or any person feels aggrieved by such order, then the Corporation or such person may seek review of the Board's action by proceeding in the Circuit Court of the County. 12 - SECTION XVIII Prior to the Corporation placing any of its facilities in any of the public places as herein authorized, the Corporation shall make 40 application to and obtain a permit from the County Engineer authorizing ••said construction 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. 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 Corporation fails or refuses to promptly faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Corporation written notice of such deficiencies or defaults and a reasonable time within which the Corporation shall remedy the same, which notice shall specify the deficiency or default. If the Corporation fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Corporation 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 thereby are found by the Board. If the Board enters an order pursuant to such hearing and the Corporation 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 XX Any person using in normal average consumption more than 100,000 gallons of water per day shall not be required to deal with the Corpora- tion but any such water user shall be at liberty to secure its water from such source or sources as it might desire, so long as the independent water source does not adversely affect corporate supply. Nothing in this franchise shall prevent landowners from exercising their vested rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board Pursuant to Section 125.43, Florida Statutes. - 13 - 40 SECTION XXI The Corporation shall design all facilities within the Franchise Area to conform to the Indian River County Master Plan for utilities, when applicable. Permits shall be required for the placement or loca- tion of wells and treatment plants. The County Engineer, or his designee, shall approve the plans and permits. In addition, all plans shall be approved by the Department of Environmental Regulation and other appropriate agencies. County shall make necessary inspections during construction, and quarterly thereafter, at the cost of $20.00 per unit as covered by the permit fee herein, to be paid by the Corpora- tion. SECTIO_ N XXII The franchise and rights hereto 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 for seven (7) years from the dare that it is fully executed. During the seventh (7th) year, after notice from the Corporation to the County, the Corpora- tion for valuable consideration grants to the County the following options: (a) Extend the franchise with all escrowed monies paid to the Corporation and further escrows discontinued. (b) Provide to the franchise area sewer and/or water service to lock in both systems from a publicly owned water distributor or sewage collection system retaining the escrow, and extend this franchise on the system not receiving publicly owned services. (c) The County after notice from Corporation, shall have the right to purchase the Corporations water and sewer plants at Corporations original purchase price less 3�% depreciation per year or in the alternative Corporations original purchase price less Corporations actual depreciation of said plants during the seven year period. In conjunction with the water and sewer plants purchase, County shall purchase necessary land areas upon which the plants are located at the then market value of the real estate. Upon acquisition of the sewer plant, water plant, and appurtenant real estate, County would then own the entire water system and sewer system and would terminate this franchise and provide water and sewer utility service to the franchise territory. All accumulated escrow fees would vest in County. - 14 - The Corporation agrees to grant to County any easements necessary dib to connect the franchise's water and/or sewerage system to the County's water and/or sewerage systems without charge. • SECTION XXIII If any word, sections, 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 7th day of November 1979. Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA in the presence of: / -41 S9. Siebert, Chairman Board of County Commissioners Attest —,iC, Freda Wright, C erk - 15 - ACCEPTANCE OF FRANCHISE ® �I BENT PINE UTILITY CO., a Florida corporation, does hereby accept the foregoing franchise, and for their successors s 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 28th day of March , 1980. STATE OF FLORIDA COUNTY OF INDIAN RIVER 3NT PINE UTILITY CO./ "amqs L. Clark, Executive Vice President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared, JAMES L. CLARK, as Executive Vice President of BENT PINE UTILITY CO., a Florida corporation, and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this 28t}, day of March , 1980. r/l�Cri�CfG 4i 6�Gf t-fi e NotaryPublic, State of Florida at Large. My commission expires: 4-21-82 NOTARY XMIC RAR Oi R0110A AT IARM MY COMMISSION MaS APX 21 1984 40 • AMENDMENT TO AGREEMENT This Agreement is made this 28th day of November, 1979, between Florida Land Company, a Florida corporation, and the Board of County Commissioners of Indian River County, a governmental agency. WHEREAS, Florida Land Company and the Board of County Commissioners of Indian River County have heretofore entered into an Agreement dated August 7, 1979, concerning a residen- tial subdivision known as "Bent Pine"; and WHEREAS, the parties hereto desire to amend said Agreement by clarifying the times when the improvements contemplated by the Agreement will be begun and completed; NOW, THEREFORE, in consideration -of the mutual promises and undertakings set forth herein and in the August 7, 1979, Agreement, the parties hereto agree as follows: 1. Paragraph Three of the August 7, 1979, Agreement shall be deleted in its entirety, and substituted therefore shall be the following Paragraph Three: "3. The improvements listed above will be begun no later than December 1, 1979, (as to Unit II) and February 1, 1980, (as to Unit I), and shall be completed no later than October 30, 1980, (as to Unit II) and January 31, 1981 (as to Unit I)." ' 2. Except as amended specifically herein, the August 7, 1979 Agreement between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 28th day of November, 1979. Witnesses: FLORIDA LAND COMPANY �:A� SAS bL By: :_, i Jame:; L. Clr.r{<, r1'K Executive Vice President Witnesses: BOARD 0E0 COUNTY COMM r..;SIO:JERS ObINDIAN RIVER G(iU1jTY �;1X1'2_U 41!' All of Tracts 17, 18, and Tracts 21 through 32, lying south of Lateral "G" Canal, all in the South One-llalf of Section 9, Township 32 South, Range 39 East in Indian River County, Florida; and that part of Section 10, Township 32 South, Range 39 [last, lying South of lateral "G" Canal; all of the Northwest Quarter and Northeast Quarter of Section 16, Township 32 South, Range 39 East; all of the Northwest Quarter of Section 15, Township 32 South, Range 39 East, lying West of lateral "G" Canal; and all of the Northeast Quarter of the Southwest Quarter of Section 15, Township 32 South, Range 39 East, lying West of Lateral "G" Canal; all located in Indian River County, Florida. A rate schedule will be adopted by the County providing for the following user rates: WATER RESIDENTIAL AND COMMERCIAL First 2,000 gallons All over 2,000 gallons SEWER RESIDENTIAL COMMERCIAL 1. Apartments, multi -family units, mobile home parks with water meters 2. Motels and hotels (restaurants as part of motel or hotel is billed separately as restaurant) 3. Restaurants RATE $7.10 per month - minimum $1.50 per 1,000 gallons 1{A'fl•: $7.50 per month per single- family dwelling Minimum 80% of Vase Rate per unit or 90% of total water consumption times $1.50 per 1,000 gallons, whichever Is greater. Minimum 20% of Base Rate per room or 100% of total water consumption times $1.50 per 1,000 gallons, whichever is r rea ter . Minimum Base Rate of 1007, of total water cunsumpLion times $1.50 per 1,000 gallons, whichever is greater. s NOTICE OF HEARING The Board of County Commissioners of Indian River County, Florida, will convene on the 7th day of November , ,—_� 1979 at 2:00 m xR41/P , in the Board of County Commissioners Room at the Indian River County Courthouse, Indian River County, Vero Beach, Florida, to consider granting an assignment of Franchise to Florida Land Co. Said assignment to effect the delivery of water • and sewer service to the following described property in Indian River County, Florida, to wit: All of Tracts 17, 18, and Tracts 21 through 32, lying south of Lateral "G" Canal, all in the South One-llalf of Section 9, Township 32 South, Range 39 East in Indian River County, Florida; and that part of Section 10, Township 32 South, Range 39 [last, lying South of lateral "G" Canal; all of the Northwest Quarter and Northeast Quarter of Section 16, Township 32 South, Range 39 East; all of the Northwest Quarter of Section 15, Township 32 South, Range 39 East, lying West of lateral "G" Canal; and all of the Northeast Quarter of the Southwest Quarter of Section 15, Township 32 South, Range 39 East, lying West of Lateral "G" Canal; all located in Indian River County, Florida. A rate schedule will be adopted by the County providing for the following user rates: WATER RESIDENTIAL AND COMMERCIAL First 2,000 gallons All over 2,000 gallons SEWER RESIDENTIAL COMMERCIAL 1. Apartments, multi -family units, mobile home parks with water meters 2. Motels and hotels (restaurants as part of motel or hotel is billed separately as restaurant) 3. Restaurants RATE $7.10 per month - minimum $1.50 per 1,000 gallons 1{A'fl•: $7.50 per month per single- family dwelling Minimum 80% of Vase Rate per unit or 90% of total water consumption times $1.50 per 1,000 gallons, whichever Is greater. Minimum 20% of Base Rate per room or 100% of total water consumption times $1.50 per 1,000 gallons, whichever is r rea ter . Minimum Base Rate of 1007, of total water cunsumpLion times $1.50 per 1,000 gallons, whichever is greater. 4. Laundromats e 5. .All others, including schools, Public buildings, churches, service stations, and retail stores r Minimum 50% of Base Rate per machine or 100% of total water consumption times $1.50 per 1,000 gallons, whichever is greater. Minimum Base Rate of 90% of total water consumption times $1.50 per 1,000 gallons, whichever is greater. CONNECTION CHARGES Conection charges for both the water and sewer hookups shall be $300.00 each. ESCROW CHARGES Escrow charges of $200.00 per unit are to be paid for by the Bent Pine Utility Company. Parties in interest and citizens will be heard by the Board at said Public Hearing. This 12th day of October 1979. Board of County Commissioners Indian River County, Florida WifTiam Jo tce, Jr., C airman ---