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HomeMy WebLinkAbout1987-14610/16/86 UTIL h: RESOLUTION NO. 87-146 FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND ._...1�i.QQ_f.I1 •.lEL4F'i'IF.1i1_ t' F't)RATIn�t_ Thiv, Franchise Agreement dated this --atL day of Pvicent,,.r 198 by and between INDIAN P.IVF.P. coUNT'Y, a political subdivision of thR State of Florida, 1840 - 25th :rtr?1Elt, Vero B,±ach, Florida 32960, (305) 567-8000, (hereinafter reforrod to a 5 "County") ani 14LR.Lav_lu rti_ carffiflt+an irKr. _.-----...______._..-._ (ti=,r•�in<iCter referre3 to as "Utility") W.MIES>ETH: That for and in consideration or thn pre;i rs 3n-1 Other good and valuable considoniti.on, it is hereby. PF_";OE.VE;It by the Board or county or Indian Fiver County, Florida, that: EC T. L%f t =LE Thin Pe niution r.hall h�, known and ,Ray be :it -j 'as the _Gur. , 1r".. SYS`ft9t fRANCNE F. �;r r•1�In;f L I For the purposes of this. Pte-,olution, th! fnlln ln1j term-., phrases, word::, and thpir derivations shall have* the ne-anin-j given herein. A. "Person" is any perc.on, firm, partnership, afaociation, corporation, company, or orcjanization of any kin -i. B. The. word "shall" is always mandatory. C. "Water System/Systems" sha11 mean and include any real estate, attachments, fixtures, impounded cater, water mains, services, valves, meters, plant, wells, pipes, tanks, hydrants, pumps, reservoirs, systems, facility, or other property, real or personal, used or useful or having the -1- present capacity for future use in connection with the collection, obtaining, treatment, supplying, and distribution of water to the public for human consumption, fire protection, irrigation, and consumption by residential, 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, licenses, and franchises relating to any such system and deemed necessary or convenient fo. the operation thereof. U. "Wastewater System/Systems" shall mean and include any plant, system, facility, or property uned or useful or having the present capacity for the future use in connection with the collection, treatment, purification, or disposal of wastewater effluent and residue for the public and without limiting, the generality of the foregoing definition shall embrace treatment plants, pumpin7 tatlon:, intercnptin7 sewern, pressure lines, mains, lateraln, and all nece ,ary appurtenances and equip,nont an9 shill Lnclu-1.2 all property tights, easements, and franchise.: r�llatin7 to any 5urh system and dossed necennary or conveni.-int for the ,,;nrarin. n thereof. F. "!,ervlcQ" menn supplyln-1 to a e::;nr thp. water system anf/o r- wAntew.;tar system gr.rntegi by thin,fran::2ri;e. Y. "Contribution in aid ()f ,.on truv:tl) shiIL ri vi nonrsfundable donation; or c,-)ntrLbutLnn. in ci:.h 0 properties from any p=t r. -.nn for cg)n;t_ruc.tion or property -addition purposes. Fri �wd�d� A. There is heret,y ir•anted by thn C+,nary to th.) tttiltr_y rnr• years, thn non-vxc1u,...Lv., fcart,'hLn-:, rLryht, ant privilege to prec:t, r_onntrug,t, opir.tte, and maintain a water and wastewater r:ysten within the terrltory as provLded in ;;action IV, anct to lay anct m.iintain the nece.s:ary lines, Open, mainn, and oth€cr appurtenances neces.;ary therefore in, along, under, and acronn. the public alleys, ntre€,tr,, road:;, anct highways,, of the County; provided, however, that the County runerven the rLght to issue pernits for the use of :rich public place:; for any other lawful purposes and subject always to the paramount fight of the public in angd to such public places. -2- B. The Utility shall be subject to all lawful exercise of the Police power and other reasonable regulatory authority of the County including the right to increase fees and charges when justified. C. The Utility shall supply the County with copies of its Department of Environmenta, Regulation g (DER) monthly operating reports and trouble reports, if any. D. The County shall have the right, but not the duty, to .inspect all constriction or installation work perforned by the Utility to ensure that the construction meets County specifications. •� E. The Utility understands that the County is now considering the extension of the County water and/or wastewater synten to this francht P area; therefore, this: franchise shall be considered to be tr_mporary and upon the demand of the County, Utility shall dlnconttnu.. Ltzs service ani immediately conn,2ct to thn county sy: t,,m and shall pay to the County all the sumn due under the county'., then _;.:istin7 ntandard .sch«duLe of rate; an -1 feria. Thr.: territory In which thi.; fran:hirsf €.h,71L hie appLicahle i=; -IL1 that part of Inll.rn Riv•!r (Y)unt_y, G'Inv Lcia, 1oc,3t.,,;l wLt.hLn thy, foll.ow.ing described boundary 1. Ines, to wit: Seo Exhibit sA• attached hereto and in::orporated herein. IM The Utility the Ccur:t.y and Bombers of the Board of County Commissionerr: harms. tram any loss sustained by the County on account: of any suit, ju.ilment, execution, claim, or den%nd whatsoever resulting from any actt3 what-1ocve5r LncludInq n,!gligent, Lnt�nr_ion:;l, wanton, willful, or reci:lenn acts on the part of the Utility in t„he construction, operation, or of the Utility r;y:;ta!m under the. term: of this; franchise. Vie p..irties agree that in the inter- pretation of this vection, the clal.m of .tny person resulting from negligence on the part of the I1tJILty may he pr•onecutc-I directly by such person against the Utility. The County !;hill notify the Utility promptly after presentation of any claim or demand. -3- SECTION VI CERTIFICATE OF C014P_ LIANCC A. The Utility shall render efficient service in accordance with the rules and regulations ar ere or nay be set forth by the DER and the County from time to time, which shall include "Construction Specification Water Treatment/ Distribution and Sewage Treatment/Collection Facilities" promulgated by Indian River County Utilities Departnent, July 1980, as amended. Before issuing a construction permit the Utility's project engineers shall certify to the County �* that the requisite design standard-. will he met by completion of the project. The Utility sha11 sub7it this certification to the County for review along with the DFP applications and plans. Submission to thn County may occur sinultaneour:ly with .nuhmi.r,ion to thn DF:R. Upon approval by the County of the plant and sy.,t:nn a ren tn.r tion pnx it ml he issued to the Utility. B. Upon the. r;nnptetion of all con,truction of th UtA Lity, the pr•ojer:t englneer for the LJtLllty shall certify, unler f n -al, that the system has been „•onc�;tructed substantially in accordance with the plans and spn::ificatIons previou:;ly approved .and Chit the systems meet 11L of the standard:; required by the coiAnty. The certification •civil LncLtIl, submission to th<a Cciunty or tidosetts of "an -built" (a c1F:finad by the County) dr,awinj-, conslstinq of one ,,et in r -producible vellur,.: and one %-k, of requl,ar bLuellne prLnt.;; and that the nynt=,nn r„n=t_ all of the standards required by the County, Lnr.luding pressure and leakage tests, chlorinatlo n an,l bacteriological tests, and infiltration and exfi1teation tnr.tn. No sere L1- i::: to be provided to Customers until s;ur:h time ss the County issues an operating Permit. The 11tLllty shall grant necessary easements to the County wIttlo,It ch.arr;a to Connect the UtI11.ty to the County System. Th -1 t1t.i l Lty agrees to p iy o L L r)tJv:r fees vhich say be applicable i.tirrin,l the operation of thn CERTIFICATION Of OPE ATTONS AND MAI"TENAl-'CE A. The operation anct maintenance of th(s Utility shall at all timet; be not inferior to the quality :standard: for public water distribution and public sewage collection and other rules, regulation-,;, and standards now or hereafter adopted by the DER, or Other governmental body having jurisdiction, including Indian River County. -4- 13. The Utility shall supply the County with an annual report of operations and maintenance certified by the Utility Engineer, who must be registered in the State of Florida. SECTIONyr- UTILITY'S AUTHORITY To PROWL GAT NECESSARY PROCFDURES The Utility shall have the authority to promulgate such rules, regulations, terms, and conditions covering the conduct of its business as shall be necessary to enable the Utility to exercise its rights and perform its obligations under this franchise and to issue uninterrupted service to each of Its consumar5. Such rules, regulations, terms, and canditiorls ohall not t):� in conflict with the provis.tonn of this: franchise or with the 1<;:r:_; of the ;tats+ of Florid.: and all the Sams shall be suhja,rt to the approv,.11 of thn County. SG_TIC)`1..-I All pip<.r;, pumps, hy'dr'ant,;, r:ain^;, v,iLvc;, htoworrr;,r,. r maLn,, manholes, an,J othFr f.l.xtures I a H ot. p l,acect by the ut i L i tya fir the Utility shall hq so located in the dedicated ca•;+,r,!ntc; in r_h County sifter approval by the County Engiaeer soas not". to obstruct or intor.fer,! with ot:h,�r. uses mads of sUah put iii: places aIr.:ady innt.aI1l!,i. Th,i utility s;hjl.l, whenever PractIc.ahle, AVON Int rrrrirnl Witt' trio lir e)r any etre: it, alley, Or Otlh-±r hir)hw.iy wr;+ire* the pavLnj or the same would be disturbed. In or any disturti:snce or cnunC!-owned pavement., sidOwalk, driveway, or other surfacing, the Utility shill at ttr; own cost iril expense and Ln a satlnor approved by the County E;nq[tio.ir, replaces and restore .all such surf,aces so disturbed in as ep),,._1 condition as before the work was commenced and r;hall maintain thR- restoration In an .approved condltLon for a period or ono year. Ir' the County shall elect to alter or change thgt .bads or to relocates or widen or otherwise change any s;i.rch County -owned right -of way, the Utility shall, upon reasonable notice by the County, remove, relay, and relocate it. fixtures .at. th'! UtLLItVr. 4.xpen9e, The Utility shall not locate any of it.s Cacilltir;; or do any construction which would cr'eate any obstruetLonn ov conditions: which are or may become dangerous to the traveling public. In the event .any such public place under or upon which the Utility :;hall have located its facilities shallbe cloned, abandoned, vacated, or discontinued, the County may terminate such easement or license of the Utility. The party requesting such termination (if other than the County) ;hall pay in advance to the Utility its cost of removal and relocation of the removed facilities in order to continue its service as theretofore -5- r existing, or the County shall retain an easement not less than fifteen feet in width for the benefit of the Utility and its facilities. SECTION X SERVIC-Z IF_ TQJIRFLIENTS The Utility shall provide service within the franchise territory on a non-discriminatory basis as if it were regulated under Chanter 367 Fla. Stat., except to the extent that said provisions are in conflict with the provisions of this franchise. t_FCTI O_1 _r I. AV_AI.LT1131jJ1Y OF .rERVICE A. Subject to the provision, of. Paragraph ; or this se-:tton, the Utility shall make its ^.ervice available to any an -1 all perc.nnn within the rranchis=.r territory. The roi.rnty m:3 y, "Pori .application of the Utility, e:<t,ind time: for providing r;)tr_h €;slrvi.rfe to Mich dem.anlin-.i p=rson. In thea +went. the Utility falls to provide it. service; ,an -1 facilities to any area within the franr:hi.s;e territory within the time apecifl"d by the County, th•-_,n thO Cr"nt.y m;y by re-;o11.1tton limit, re-tric:t, and c,,nrin:, th.<e territ..)ry to that aru,,a then bein-1 .r;•,rviced by utility or e;"ch cjrwz.ater a; the County r:h.a11 determine. It. Thr, r)tllity shall not be rerll.lir.e,t t,, crake its utility system .)7,1il.at)le to any person within th&a rranchise area unless the r..,me may lin done at au ,h .a cost tFa the ret i t i ty ,as shall make, the .act)lit.lon proposed rin%ncially r., I) L.,. ',Finan,:litly feasible" shall moan that a tall' ,ant reasonable rate or ropturn will be realixQ)i by the Utlltty for all its services u nd •1 r t: h Lot [ r n n: h i r: )ander e f f i c l .• n t. and econom l e: a 1 m:an.a)1.1m�nt. '111.1 hue-J^1n of shoxinry thit prospective servic=1 to tit"! arra i^t not rinaneially re,a;ihl,� shall be on the Utility. s").h proof :shalt be made by the Utility within 30 hays, from recr+.lpt of a written roque -;t by the eo,.rnty. T1111ti,S.F1:1�1'' oWNERSHTp A. The Utility or its shareholder:; _;hall not sell or trans;f:er its plants, systems, or corporate ownership or transfer any rights under this franchise by sale of stock or otherwise to another without the approval of the County. No such sale or -6- transfer after such approval shall be effective until the vendee, assignee, or lessee has filed with the county an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all. of its conditions. *n any event, this franchise shall not be transferable and assignable until notice or request for transfer and assignment has been given by the Utility to the County 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 as the County shall require. B. A public hearing may be held on such requ-;t after notice has been given by publication in a nelwspap-,r regularly publin.hed in the County at least one time not more than one month or les:; than one Wenk prp.ceding such he.lrin7. Certified proof of pubLicatLon or !:;uch notic± T;hall he filen with thn County. C. ThF! Cannt:y �;Ln Ll act within nlnety cf:ays upon ,uch request. The connent by th-* County to any assignment or slLe of this fr.an-^hi.se :-;hall tint bFt unreasonably withhelcf, any .sal.- or t.rannfer by the Utility or partners of th-� rftiiity ta1,;Ln7 place contrary to tt;e term; and conditinn, of thL: para7r_aph -aha i 1 b,�+ con! irin red by thq County to b a default by tYt� Itt.i.lLt.y unI,!r thL n fr.in--ht-;q a JrMemf;nt .:anci Us subject this fr.rnc'hi:;n to tcrminatl.on. SECTI€:1 xl r L. Utility warrants adequate capacity t.c, norvice existing ar anticipated custerors and agrees not tc pr>vilg service unless adnqunt.e capacity la available at the tine any now cnnner:t inn L=; made. Upon the initial connection or .any customer to the a:ystc�m or upon the reconnection or any c.0=;to,;rzr- to th !:stem, the Utility R:h•all furnish, by milli, a notice settiruJ forth the rate schedin, then in effect and further contaLninrl the foilowLng statement: "'Phe water/wastewater rates set forth herein have been authorized pursuant to Indian River County Water/Wastewater -7- Franchise Resolution No. I as amended. Said water/wastewater rates are subject to adjustment pursuant to said Resolution upon proper showing by the Utility. Said rates are also subject to adjustment ..n the event the water/wastewater franchise is terminated and Indian River County commences to furnish water/wastewater service to your property." LFCT_IqZT __'{11 HATB—Sr,-MEDV�U A The rates charged by the Utility for LCv, ser,,rLce shall at all tiner; be compensatory, F,i i r, and r -- a s o n i b I e , and designed to mrlet All nece!r;,iory of the ervice, including a tair rate of return on the UtLljt-,-� v,�,t, E; -1 �1 n , I n t Under effici,nit and economical management. 'rhe Utility aqropn that thr,. County has the authority to enter Lnt,,) this Franchlnn A,jrfemfint arl,l the requ 1, -1 t I or, of the UtLlLty. Utility arjrron that it sha' ! be zub)rIrt ,- rn all. --luthori.ty r.a-.r or possessed by the County or -iny other ronquL,Atory hnly h-aving competent jurisdiction to Cix just, atil compensatory rates. When thLr,, frans.,hise takes erroct the Utility shall have authority to charge and collect not more than the schedule or rates set at a public hearinq for that P"rP080 which rnhIL remain offectLva unrLL crvtnqed or Modified as h-iroin provided. In 8QttLn-T nil,l r®*jtvs, the County *hall be guided by the standards not forth In section 367.082 Florida statutes. In any event the Utility *hall always be rosponzibl,, fr1r )U9t,1t-JL(v7 Ltn proposed rates and charges by the subml�,;nlon or &Cc0UntLn,J and engineering data to the (:c),1t1ty. P -It-; aril charges nay be amended after Public hearin') LJJ)orl irrFelr justification by the Utility. B. (1) The approved rater'. or any utiLLty which a I r4r!A%Pl receives all or any portion of Lts UtiLLtly Ere),., a government, -,I 1q.,n,:y Or Cron <% wat,!r or r.,1w..r t1tillty regulate,j by the Countyw�,L,..tl that !;ervictl to its Utility CLI!;tOrk-t-S shall automitic,,tily be Increased or decrea:;ud without hearing upon notice to the County 3o (Jay.-. prior to it--. implementation of the Increase or decrease that the rates charged by the governmental agency Or Other utility have changed. The approved rates of any utility which is subject to an increase or decrease in -8- the rates that it is charged for electric power or the amount of ad valorem taxes assessed against its property shall be increased or decreased by the utility, without action by the County, upon verified notice to the County 30 days prior to its implementation of the increase or decrease that the rates charged by the supplier of the electric power or the taxes imposed by the governmental body have changed. The new rates authorized sha11. reflect the amount of the ad valorem taxes or rates imposed upon the utility by the governmental agency or other utility. Provisions of this subsection shall not prevent a utility from seeking changes in rates pursuant to the provisions of Section XXIPI. (b) Before implementing a change in rates under this subsection, the Utility shall. file an affi m.aEinn under oath as to the accuracy of the figures and calculations upon which the change in rater Ls t;a;ed, and that the change will not cause the Utility to th�i r.inrji or its last authorized rate of retmrn. (c:) If, within 24 months of an a:ljustm-nt in the rates as atlthor.iz+:d by this s;»h .ec:t,.inn, the County .,1.111 fine that a utlli.ty dial thereby exceed the r,7n-le of Lta la,;t authoriaeA rate of rc,turn, it MAy order th- utility to refun:.i the difference to the rate p.lyer::. Thin provinLon !.hall not be con,trund to require a bond or corpnt,jte t.indertaking n -,t otherwise re ltiired. (d) tlo tltlllt..y uay a,dJUIt it,o rates under thL_, subsection more, than t.•„o tines In any 1: month psrlod. aECTJi )�1 3v1 When request—i by a ccnstmer, tha, Ut.l l Lty shall rt ,k:•, ., t ,-:t of thn accuracy of any m+1tor: howo.vor, t,.qr,r.j arty Lost L mel'! by r1. Utility, the requir••d f.,., r1h,a11 he d pr,;Lt 'l with thti fit 1LLt7 by t.h• party requesting !tach ., tr,r;t.. et,,t!:h ^:um t;h 1l b,: r�,turnFa i.0 th" test show:; the meter to be Inaccurate In its delivery. If the meter is inaccurate, the net.er will bei re�paIred or changed, aryl should the meter r.eaclin,'l calibrate ton high, a billing adjustment will be r..rde for no morn thin the! part A.ix months:' actual readtnla;. Whenever it is necessary to ;:hut oft or interrupt ;service for the purpose of n:1kinig repairs or installations, the Ut:illty shall da Lao at such tines as Will cause the least amount OC inconvenience to its; consumers, and, unless such repairs are unforeseen and immediately necessary, it r.hall give not les:; than five days' notice to its consumer!:. tem SECTION XVII CONNECTION CHARGE/CAPACITY DEMAND FEE Connection charges and capacity demand fees shall be established by public hearing as are held for setting rat -s. SECTION XVIII A. The Utility hereby agrees to pay to the County a franchise fee in the amount of 61 of the Utility'n annual gross receipts, or operating costs (which Lnciu(jen the rate of return), wh.ichev,�r is greater. If utility does not have a rate schedule then it shall p.-iy 6; of Lt,, gross operatin,j costr.. or the sun of ,500.00, whLchever in greater. The Utility shaLL pay the! 0 franchic;e f.Me rtujr`e•rty. This fee ahal.l he .r,hown as a separate ,allitLonil charge on utility billr;. 15. The utility sh:aLI :uppty thn County with a copy of the Ut. i l i.ty'r; annua l reprart. inrl f In inc: L.t L E.tatema,nt.s. All records and all aunting of thy. Ut-iLity shill be in accordance with thr^ Uniform Sy--;to-,i nr Account; ar thn National. Annoc:iat.inn of Regulatory (JtAL ti.e.,*: Co^,;ai^;:lr,rloe and gen,�rally acr;.i.tn:i aircountinj prLn,:LpLes. wlthLn 00 d•ayr; after the c:ln=;<+ of the fiscal year the UtLLLty nhiLL sub. -_1t rin:anr:Lal. .;tsar_:: hnt.:: prepared by a CPA. rip -)n demain:l by thra County the tltLllty r;tIalt ;rkam[t. .nu;fit:t rinanctal statements Certified by .a CPA .ant 11.31) a letter fron i CPA certifying that the 6% t-:., ant any other requested fees hove been collected aril rti t, ir::.ri in accordance with the terns or thi• hrtreement. A. The Utility shall place into a County €:r.;crow account an amount equal to the County inpact fee current at the time of the issuance of a building permit. B. The County will doponit .all escrow charge: paid for any anJ all connections in this; franchise into an interect bearing account with the interest remaining in the account. C. Should the County at any time take over the systen the noney remaining in the account shall becone the absolute property of the County and the Utility shall have no rights thereto. -10- SECTION XX COUNTY PURCHASE OPTION The County shall have the right to purcLase the Utility's plant at Utility's original construction cost, original land cost, plus costs associated with capital additions and expansions to the plant, less 3-1/2% depreciation per year, and less any contributions in aid of construction. Depreciation on the system shall be calculated to start at the time the County issues an operating permit as provided in Section VI. Upon acquisition of the system and appurtenant real estate, the County would then own the entire system and would terminate this franchise and provide service to the franchise territory. All accumulated escrow fees would vent in the County. In the event of an acquisition by the County, or the use of the County's own plant-,, the County shall recelve the nynterm free or co: -,t and in good repair, ordinary wear and te.1r e:il,-ctrl. The Utility shall pay to the County all enc:roxerl i7pact fettn upon acrliiini.tion or upon c_onnec:tion to County'!; own plants. EST Ic;r..Y'i->. REMAL__Fl.i Iwo and One-half percent (2-1/:t) of the ,Annu,iL np,�r.itLnJ cr-,.t or the Utility 111111by c1€,I.11,'ere.l to the Co i.inty t.o hon in an .interest bearLnJ renewaI and replacn^ent account raC., purposes Of renewal or replacesent of the r.ipit.al .aweets of the sy:;t�rm. The Utility nhal.l 1'iind said account LnitLaLLy with $6,000.00. Cnterest shall accuni.;lit.n. in thn account until t.h*i aCCOLnt reaches 21;; or the entimated value or the system's original costs thereafter Lnt�re:t !;hall. be paid to th.: Utility annually by the County. The funds held by the County :;hill be used only rur rR!nevsl or r,04cesent of the rystem by the utility as the need ,arises and aj,proved by the co;tnty. 'Phe percentage required to be pL u . l In the r,-newal anal r>:pt.e :• m= nt account may be amended after E -vi -d by the County as necPen:;ary to maintain it surricie+nt account b,ilanc.! taF:Lnq into account the general condition or the r.ystem. Upon the County t.ikin,i ovale the syestem all accumulated Renewal and Replacement e;cr0w fund, Shall ve^;t in the County. The county is granted the rLght to m;ikte nerca;;,,rry repair, - using these fundt: in the, event of default: on th,: part of ttie Utility in maintaining the qualLty ntandards el;tabli!;he(t in this franc:•hinn. If the County purchane:; the eorporatlon's utility system then any funds in the renewal anti replacement account shall vest in the County. -11- SECTION XXII INSURATICE A. The Utility shall at all times aintain public liability and property damage insurance in such amounts as required by the County. S. The Utility shall cause the County to be duly notified by the insurer in the event of any modifications or deletions of the insurance. The amounts shall be adjusted by the Utility in accordance with good business practices as determined by the County for the protection of the County and the general public and for any liability which nay result from any action of the Utility. C. The Lnsurance policy r.haLL name Indian River County as en additional Insured. D. The certLficate of Ln;uranc,, ohalL U�, Cil -gid with thn County annually. • �Qli5U1Eit .�.Q�iPL,�IIiTy If any writt+n c:o,-,i,laint l4 filed with the C4 i)unty by any pprc;on, servLreri by th,� tttllity rinlmr thLa franchise, the County GMLI rir t dntnrmin,: whnthor r:.ause nxLst,s with respect to the comp In in'-. If the County clads reasonable cause the County ;hhL1 so notify than Util.it.y an -i r,iquest th,a Utility to satisfy or rem-idy such complaint. Ir t.th- OtilLty fails within a reason,,ble time to satisfy or rsin-,dy r:ur,h ccalhl hint or objeetLorh, the County m.hy issue an aphr0pri•1tr1 to ths, problml. t�F:fHT r�:li..uuiY A. Should the Utility desire to e,t,ahlL_;h ratan do:l ch•argIn or ,hould that. Utility desire to lncr.:!:i,r:e .any charges heretofore e_:tablirat4hd .Incl approved by the.- Hohr,:1, th+gin the Utility shall notify the county in wr•Lt1n1,-ttirvi forth the schedule of rates: and char:len which it proposes. The Utility nhall pay any roquired rate -truc-ture review fee and ,halt furnL;h the County with alt information r!quired by tho County. -12- B. '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 than one month or less than one week preceding such hearing. Certified proof ° publication of such notice shall be filed with thq County. C. Within 90 days of the public hearing, the County shall issue an order on the rate request. SECTION(. --3 XV p)r FAi1 L'-9 F_FR_I±T? MCU I ^ K A. If the Utility fails or refuse, to promptly and faithfully kr,ep, perform, and abide by each and all of the terns and conditions. of this franchise, then the Bo.rrl sh;a11 give the Utility wrltten not_Lc•e of nuch deflrLencles or defaults and a r.eanonable tLm within which the Utility shill rer..edy the same. F;. If the Ur.Llity fail; to reri-^dy such defic.Ler.:v or default within a rr..a.sonabLe tine, th-, Board may therFaaftrr ^che-iule A hearin7 concerning the name with reasonable') notic:=r ther^of to tfv� 11tIIIty, and arter ,uch hearinl at VhLch all interested parties spall tbn h-j.ir.l, the Board may Levy an adninistrativsr fine of rv)t mere than $500.00 per day thit the defb-Iency or dk�r,viP- q -.<Ln• n Ecom the date corre'..:tion should have Enron perfor-ri -1; and the county may LLmLt or rests Ict this franchise or rranchisaKK territory or- ray terntnrt-+ and cancel the same in whr)lq r,r In pact. It' any words, sections, t::L,au—i or pact or t,hLc: resolution are h,rld invalid, such portions nhnLL be dcemecl i separate and independent part and the sane sh.iLL riot Invalidate the rem.tindr.r. IU WITUBSS WHEREOF, IndLnn RLver courrt.y, Florida has cau=>ed thin franchi-ne. to her executed in the n.ar, of Iri.Uan River County by the Chairman of the Board of County Cor„n Lc:r.;ion� es and Its: seal to bn nfrixed and attorted by its Clerk, all pur_:uant to the resolution of the Board of the County Commisninner'n adopted on the Sth day of December 1913) -13- RESOLUTION NO. 87-146 ATTEST: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A. -- BY_ :/ 1� 21/0 Clerk `� - Dor ,.. Scurlbck, Ch an Approved as toLEorm e Approved for Util• y Hatters: and legal sufficiency: c )l i/iYttYe.� Charles P. Vitunac (r :ince G. Pinta County Attorney Director of Utility Services ACCEF'TA`iCE OE' FRANCHISE: ---- does hereby accept the foregoing franchise, and for their successors and assign, does hereby covenant and agree to comply with and abide by all of the te,rr.,r., conditions and provisions therein set forth and contained. DATED at Vero Br--ach, rndlan P,iver County, F'loridi, this _ day of , 1987. WITNESS: .,` BY: -YrK!, idea STATE OF FLORIDA COUNTY OF IND001 RIVER I HEREBY rf;RTIF"1 that on this day, baernre tae, an officer dhtly authori.:. ,,1 in the !;tatty an,1 Countyaforesaid to take acknowledge mz,nta, persona 1y appeared �� as the President of zy, Cc a Flor id -i Corpora r. ir)n, and he acknowledged before se that he OX4=ted tho roregolnq instrument for the uses and pnrpnaes there In —,preseed. WTTNE'.;!; my hand and ottk:Lal sell .in the state and Craunty aforesaid t:hi:; //' clay of jL,.AZL'L- 1931!.✓ r�ary >u I1c, State 04 F'lortda at large My Commis.nion expire: 401 •a LEGAL DFIDN Lot 7 and a parcel of submerged land In the Indian River in Sect Ar 29, Township )) South, Range 10 East, Indian River County, Florida, more particu- larly described as followse Stgin at a point on the North line of Governatnt Lot 7 of said section 79, where said North line Rive intersects with the West shore of the Indian Riven thence East along the extension of the said Ner[h line of Co'" "Int Lot 2 a distance of 114.1 feet, more or IRIS, to the bulkhead line River County, Florida, establishti D the Burd of County Commisalona in Indian a of tndtan River County, Florida, pursuant to Section 731.111, Florida Statutes; thence South la't 3'lb" Ease, 1197.29 feet, more or less, to the tntersection of Easterly extension of the South GovernmentA{ne of said Cot 7; ehencs Weft lessto 730 feet, mire or , the mean high weer tine at the shore of the Indian River; thence 7apest artherly along NtN.Contalnt sat, mean high water limo to the ?'Dein or etGte- . nq 7.0 4�tes, mo:e or late. ANl ALSO 4R• North one•hAlf of the fouthwest M.�rthe.ft -r+motto of tae quarter section tylia East of 11.3. tigmway lea. I, 101 ♦ruth crt.-batt of Northeast q�uareer of E.>wthweet q.+lr t.r tyir7 East o2 ❑. Ire over N`•'• i, Section 10; 7MttM ore-lsalf Of the q f q- ,anter, Section 10, al1019 located in snutneatt 1,1 rids, RaaiR 40 Last, tndtan Pk— wn fniptYl Dareione Of tA! chador-"t.•d (rimiseit committetsawe been committee to aaal�lnY el amaasbip virtue .1 ISLE "at eerLia Lls,ctatation of CwAOsn/imiah of alla,fr ial l�etr�VM r,lrscpjlRpt ?S aftte, as rsA¢orrfaM in la offleisI M-nr4e •o" ;�•4>oe All, am.t wlles.es1 Meorde 1--a Tis, rase t01r oftslel.i4R.10 sletat P*g 717, Palo 14e31 Offlele, fheor, 1. R...,r AST, fa.ge 1a 71r and offielel Moser ba++k 745, ►mor lwti, atl Yn . rm431e Reaaeee of Sadism Riv.r reyrYey. Limri,a. L+•• aM •seep{ thoee C'"CleAiot— units rhi eh haw 7r•retafare tNa reseal**, mgr reeard room" tM {[sn oaf Ade tnre"Irtpo+• in tavmr m1 ".aiFirat r+>t.raenl q*,Lr,-Im.x. ST....