HomeMy WebLinkAbout1975-017R E S O L U T I O N No. 75-11
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida:
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SECTION I
This Resolution shall be known and may be cited as the
"Chester Rybacki Sewer and Water 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) "Rybacki° is the Grantee of rights under this franchise,
i.e. Chester Rybacki.
(c) "Board" is the Board of County Commissioners of the
County.
(d) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(e) "Territory" means the area located in Indian River
County, Florida, outside the corporate limits of any municipality
as the same is more particularly defined and described herein.
(f) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, laterals,
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 is connection with
the obtaining, treatment, supplying and distribution of water
to the public for human consumption, 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 convient for the operation thereof.
® II (g) "Sewer System" is any plant, system, facility or property
7lused or useful or having the present capacity for the future use
in connection with the collection, treatment, purification or
('disposal of sewage and sewage affluent and residue for the public
and without limiting the generality of the foregoing definition
shall embrace treatment plants, pumping stations, intercepting
sewers, pressure lines, mains, laterals, and 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.
SECTION III
There is hereby granted by the County to Rybacki, the
non-exclusive franchise, right and privilege to erect, construct,
operate and maintain a water system and a sewer system either or
both within the prescribed territory as herein provided and for
these purposes to sell and distribute water and to collect and
dispose 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 therefor in, along, under and across the public alleys,
streets, roads, highways and other public places of the County;
provided, however, that the County reserves the right to permit
the use of such public places for any and all other lawful purposes
and subject always to the paramount right of the public in and
to such public places.
SECTION 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:
AND
That part of the South 1/2 of the South 1/2 of the
Southeast 1/4 of the Northeast 1/4 of Section 13,
Township 33 South, Range 39 East, lying East of
State Road No. 5 (U. S. #1) Indian River County,
Florida.
2.
The South 1/2 of the Southwest 1/4 of the Southwest
® 1/4 of the Northwest 1/4 0£ Section 18, Township
33 South, Range 40 East, Indian River County,
Florida.
® SECTION V
Rybacki shall at all times during the life of this franchise
be subject to all lawful exercise of the police power and
regulatory authority of the County and to such regulation as the
County shall hereafter by resolution provide.
SECTION VI
It is expressly understood and agreed by and between Rybacki
and the County that Rybacki 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 negli.gency on the part of Rybacki in the construc-
tion, operation or maintenance under the terms of this franchise.
The parties agree that in the construction of this section, the
claim of any person resulting from negligence on the part of
Rybacki may be prosecuted directly by such person against Rybacki
as if no governmental immunity accrued to the County by virture of
Rybacki's use of a public place of the County. The County shall
notify Rybacki promptly after presentation of any claim or demand.
QVr'rOTf)M \7TT
Rybacki shall maintain and operate his plant and system and
render efficient service in accordance with the rules and regula-
tions as are or may be set forth by the Board from time to time.
The right is hereby reserved to the County to adopt, in addition
to the provisions herein contained and existing applicable
resolutions or laws, such additional regulations as it shall find
necessary in the exercise of the police power and lawful authority
vested in said County, provided that such regulations shall be
reasonable and not in conflict with the rights herein granted and
not in conflict with the laws of the State of Florida. The County
shall have the right to supervise all construction or installation
work performed and to make such inspections as it shall find
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necessary to insure compliance with all governing regulations.
SECTION VIII
All the facilities of Rybacki shall be constructed only in
accordance with plans and specifications approved by the State
Board of Health of the State of Florida 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 rules, regulations and standards now or hereafter
adopted by the State Board of Iiealth. Rybacki may maintain
sufficient water pressure and mains of sufficient size with
fire hydrants and other facilities necessary to furnish fire
protection at any and all areas within the territory serviced
by Rybacki. Rybacki may also supply all water through meters
which shall accurately measure the amount of water supplied
to any consumer. Rybacki 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 Rybacki, the sum of Five
Dollars ($5.00) shall be deposited with Rybacki by the party
requesting such test. Such sum shall be returned if the test
shows the meter to be inaccurate in its delivery. Whenever it
is necessary to shut off or interrupt service for the purpose
of making repairs or installations, Rybacki shall do so at such
times as will cause the least amount of inconvenience to his
consumers and unless such repairs are unforseen and immediately
necessary, he shall give reasonable notice thereof to his
consumers.
SECTION Ix
(a) Rybacki shall have the authority to promulgate such
rules, -regulations, terms and conditions covering the conduct of
his business as shall be reasonably necessary to enable Rybacki
to exercise his rights and perform his obligations under this
franchise and to issue an uninterrupted service to each and all.
of his cunsumber; provided, however, that such rules, regulations,
terms and conditions shall not be in conflict with the provisions
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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
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with the Board of County Commissioners, Rybacki, 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. Rybacki's Engineer
3. One person selected by the
two above named 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 X
All pipes, mains, hydrants, valves and other fixtures laid or
placed by Rybacki shall be so located in the public places in the
County so as not to obstruct or interfere with any other uses made
of such public places already installed. Rybacki 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, Rybacki shall, at his own cost and
expense and in a manner approved by the County Engineer, replace
and restore all such surface so disturbed in as good condition as
before said work was commenced and shall maintain the restoration
in an approved condition for a period of one year. In the event
that any time the County shall lawfully elect to alter or change
the grade of or relocate or widen or otherwise change any such
public way, Rybacki shall, upon reasonable notice by the County,
remove, relay and relocate his fixtures at his own expense.
Rybacki shall not locate any of his facilities nor do any construc-
tion which would create any obstructions or conditions which are
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or may become dangerous to the traveling public. In the event
any such public place under or upon which Rybacki shall have
located his facilities shall be closed, abandoned, vacated or
discontinued, the Board may terminate such easement or license i
of Rybacki thereto; provided, however, in the event of this j
termination of easement, the person requesting such termination
shall pay to Rybacki, in advance, his costs of removal and reloca-
tion of the removed facilities in order to continue his service
or the Count shall retain an easement
as theretofore existing, Y i
not less than ten feet in width for the benefit of Rybacki and
his facilities.
SECTION XI
Rybacki 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, provided that nothing herein shall
prohibit the establishment of a graduated scale of charges and
classified rate schedules to which any consumer coming within such
classification would be entitled.
SECTION XII
(a) Rybacki shall furnish, supply, install and make available
his public water system and his public sewer system to any and all
persons within the territory making demand therefor, and shall
provide such demanding person with his services and facilities
within one year from the date of such demand; provided, however,
that the Board may, upon application of Rybacki, extend the time
for providing such service to such demanding person. In the event
Rybacki fails to provide his services and facilities either as
to a water system or sewer system or both to any area within the
territory within the time provided, then in such event the County
may, by resolution of the Board limit, restrict and confine the
territory to that area then being serviced by both water and
sewer by Rybacki or such greater area as the Board shall determine
and thereafter the territory shall be only the area set forth,
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defined and provided by the Board and the provisions of this
franchise shall not extend beyond the limits of the area so
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restricted and defined.
(b) Rybacki shall not be required to furnish, supply,
install and make available his public water system or his
public sewer system or both to any person within the territory
as hereinbefore set forth, unless the same may be done at such
a cost to Rybacki as shall make the addition proposed financially
feasible. Financially feasible shall mean that with a fair and
reasonable rate to be charged by Rybacki for all his services under
this franchise; that such rate will produce to Rybacki a sum
sufficient to meet all necessary costs of the services, including
a fair 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 Rybacki.
SECTION XIII
Rybacki shall not sell or transfer his plant or system to
another nor transfer any rights under this franchise to another
without the approval of the Board, and provided further that no
such sale or transfer after such approval shall be effective until
the vendee, assignee or lessee has filed with the Board an
instrument in writing reciting the fact of such transfer and
accepting the terms of this franchise and agreeing to perform all
of the conditions thereof. In any event, this franchise shall not
be transferrable and assignable until notice or request for
transfer and assignement shall be given by Rybacki 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 than one month nor less than one
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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 of this
franchise shall not unreasonably be withheld.
SECTION XIV
The rates charged by Rybacki for his 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 valua-
tion of his properties devoted thereto under efficient and
economical management. Rybacki agrees that he 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, Rybacki 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:
RATE AND HOOK-UP CHARGES
Sanitary Sewer Service Charges:
3/4" & 5/8" Meter Minimum
1" Meter Minimum
1 1/2" & ]. 1/2" Meter Minimum
2" Meter Minimum
3" & 4" Meter Minimum
6" Meter Minimum
Sewer Quantity Charges:
First 3,000 Gal.
Next 12,000 Gal.
Next 25,000 Gal.
Next 35,000 Gal.
Next 75,000 Gal.
Sewer Connection Charges:
Within 75 days of availability
Thereafter
Newly improved properties
Water Quantity Charges:
First 3,000 Gal.
Next 12,000 Gal.
Next 25,000 Gal.
Next 35,000 Gal.
Next 75,000 Gal.
8.
$ 6.76
11.70
22.50
30.76
54.00
75.00
6.76 Minimum
1.06 Per Thousand Gal.
.90 Per Thousand Gal.
.78 Per Thousand Gal.
.66 Per Thousand Gal.
300.00
375.00
375.00
6.76 Minimum
1.06 Per Thousand Gal.
.90 Per Thousand Gal.
.78 Per Thousand Gal.
.66 Per Thousand Gal.
O
Water connection Charges:
Within 75 days of availability 300.00
Thereafter 375.00
Newly improved properties 375.00
SECTION XV
The County shall have access at all reasonable hours to
all of Rybacki's plans, contracts, engineering data, accounting,
financial, statistical, consumer and service records relating
to the property and the operation of Rybacki and to all other
records required to be kept hereunder, and it shall file such
accounting reports and data with the County when required.
SECTION XVI
Rybacki 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 Rybacki. If any person serviced by Rybacki under this
franchise complains to the Board concerning the rates, charges,
and/or operations of such utility and Rybacki, after request is
made upon it by the Board, fails to satisfy or remedy such
complaint or objection or fails to satisfy the Board that said
complaint or objection is not proper, 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 Rybacki for the service he furnishes or
the quality of services furnished. If the Board enters its order
pursuant to such hearing and Rybacki feels it is aggrieved by such
Order, Rybacki may seek review of the Board's action by proceedings
in the Circuit Court of the County; otherwise, Rybacki shall
promptly comply with the order of the Board.
Should Rybacki desire to establish sewer rates and charges
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or should Rybacki desire to increase any charges heretofore
established and approved by the Board, then Rybacki 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 than one month nor less than one week preceding such
hearing. Certified proof of publication of such notice shall be
filed with the Board. Said hearing may thereafter be continued
from time to time as determined by the Board. If the Board enters
an order pursuant to such hearing and Rybacki or any person feels
aggrieved by such order, then Rybacki or such person may seek
review of the Board's action by proceeding in the Circuit Court
of the County.
SECTION XVIII
Prior to Rybacki placing any of his facilities in any of the
public places as herein authorized, Rybacki shall make 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 Rybacki fails or refuses to promptly and faithfully keep,
perform and abide by each and all of the terms and conditions of
this franchise, then the Board shall give Rybacki written notice of
such deficiencies or defaults and a reasonable time within which
Rybacki shall remedy the same, which notice shall specify the
deficiency or default. If Rybacki 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 Rybacki and after such hearing,
at which all interested parties shall be heard, the Board may
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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 Rybacki 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 Rybacki but any such water user shall be at liberty to
secure its water from such source or sources as it might desire.
This franchise shall exempt and except therefrom any public
agency producing water for resale at wholesale. Nothing in this
franchise shall prevent landowners from exercising their vested
or privileges as set forth and contained in any license issued to
any utility heretofore granted by the Board pursuant to Section
125.42, Florida Statutes.
The franchise and rights herein granted shall take effect
and be in force from and after the time of the adoption of this
resolution by the Board and shall continue in force and effect
for a term of forty years after such adoption; provided, however,
that within sixty days from the time of the adoption of this
resolution, Rybacki shall file with the Board its written
acceptance of this franchise and all of its terms and conditions
and provided further that if such acceptance is not filed within
the time specified, then the provisions of this franchise shall
be null and void.
The franchise and rights herein granted shall take effect
and be in force from and after the time of the adoption of this
resolution by the Board and shall continue in force and effect
until such time as the County may install or acquire its own
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sewerage collection and treatment system and supplies the same
to individual customers at which time, Rybacki will convey all
of its facilities (except for sewer treatment plant and water
treatment plant) and easements for location of same as Rybacki
may own, to said County without charge; provided, however, that
within sixty days from the time of the adoption of this resolution,
Rybacki shall file with the Board its written acceptance of this
franchise and all of its terms and conditions and provided further
that if such acceptance is not filed within the time specified,
then the provisions of this franchise shall be null and void.
SECTION XXIII
If any word, section, clause or part of this resolution is
held invalid, such portion shall be deemed a separate and
independent part and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this franchise to be
executed in the name of the County of Indian River by the Chairman
of the Board of County Commissioners, and its seal to be affixed
and attested by its Clerk, all pursuant to the resolution of the
Board of County Commissioners adopted on the 9TH day of
APRIL 1975.
Signed, sealed and delivered
in th presence of • ,' COUNTY�OOF- INDI�NiRIVERy ORIDA
As Chairman of the r. -d -:of -
County Commissioners
Attest: ten,
Clerk
ACCEPTANCE OF FRANCHISE
CHESTER RYBACKI does hereby accept the foregoing franchise,
and for himself and his successors and assigns, does hereby
covenant and agree to comply with and abide by all of the terms,
conditions and provisions therein set forth and contained.
DATED at Vero Beach, Indian River County, Florida, this
9TH day of APRIL 1975.
F�s �{%
C 'S er Ryback 10
12.
RELEASE
ob
In consideration of the sum of One Dollar ($1.00) and other valuable
considerations, receipt whereof is hereby acknowledged by MID FLORIDA
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UTILITIES, INC., a Florida Corporation, it is agreed as follows:
1. That MID FLORIDA UTILITIES, INC., a Florida corporation, does
herewith and hereby release the following described property to -wit:
That part of the South 1/2 of the South 1/2 of the
Southeast 1/4 of the Northeast 1/4 of Section 13,
Township 33 South, Range 39 East, lying East of
State Road No. 5, (U.S. #1) Indian River County,
Florida.
AND
The South 1/2 of the Southwest 1/4 of the Southwest
1/4 of the Northwest 1/4 of Section 18, Township
33 South, Range 40 East, Indian River County,
Florida.
from the jurisdiction and boundaries of the Rock Ridge Sewer Franchise
to the same extent as though said property had never been
included within the boundaries of said sanitary sewer franchise
and further MID FLORIDA UTILITIES, INC., a Florida Corporation,
does hereby release, discharge and waive any further right, rights
under said franchise to furnish sewer services to the hereinbefore
described property.
2. That the release of the hereinbefore described property from said
franchise is expressly conditioned upon the following:
-a- That within a period of one (1) year from January 16, 1975,
Chester Rybacki, or his successor in title, shall commence construction
of a sewage treatment plant to serve the above described property.
-b- That Chester Rybacki will provide sewer service for said
property and the improvements thereon.
3. That in the event that all of the conditions provided in sub-
paragraphs -a- and -b- of Paragraph 2 above are not fully met within
the period of time specified therein, then this release shall
become null and void and of no effect.
IN WITNESS WHEREOF, the grantor has caused these presents to be
executed in its name, and its corporate seal to be hereunto affixed,
by its proper officers thereunto duly authorized this day of
NV 1
1975.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF
MID -FLORIDA UTILITIES, INC.
i
'(. //1 "xi
By: 1, f
h6
........
ttest://73rJO
Attest://73a),
C
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally
appeared e.. W _ and
well known to me to be the President and
respectively of the corporation named as grantor in the foregoing
release, and that they severally acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said corporation and that
the seal affixed thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid
this R2 day of ;;!r4q,, , 1975.
& Q! .� 4
Notary PubliaFState of Florida at Large
My Commission expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARD!
C(i!G:165:6N c; t'IP.f.S OCT. 19, 1977
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:
�'
SEAL)
& Q! .� 4
Notary PubliaFState of Florida at Large
My Commission expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARD!
C(i!G:165:6N c; t'IP.f.S OCT. 19, 1977
:Lf.:l :: ..._ . .JF.O ure 10-11._.,,,_,,,•
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