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HomeMy WebLinkAbout1975-020/ IS R E S O L U T I 0 N BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION I This Resolution shall be known and may be cited as the "Gulf + Western Food Products Company, a Division of Gulf + Western Industries, Inc. Sewer and Water Franchise". SECTION II For the purpose of this Resolution, the following terms, phrases, words and their derivatives shall have the meaning given ' herein. Wheil 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 sub- division of the State of Florida. (b) "Company" is the Grantee of rights under this I franchise, that is, Gulf + Western Food Products Company, a div- i ision of Gulf + Western Industries, Inc., a Delaware Corporation authorized to do business in Florida. (c) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, asso- ciation, 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 in 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 -1- • limiting the generality of the foregoing, shall embrace all necessary appurtenances and equipment and shall igclude all property, rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation � thereof. (g) "Sewer System" is 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 and sewage effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pump, -ng stations, intercepting sewers, pressure lines, mains, la ,rals, 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 li i thereof. SECTION III There is hereby granted by the County to the Company the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a 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 :1 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 i the use of such public places for any and all other lawful purposes and subject always to the paramount right to the public in and to such public places. 40 40 SECTION IV The territory in which this franchise shall be applicabl is all that part of Indian River County, Florida, located within the following described boundary lines, to wit: The East 1/2 of Tract 1239, Tracts 1240, 1241, 1242, 1243, 1250, 1251, 1252, 1253, 1254, 1340, 1341, 1342, 1343, 1350, 1351, 1352, 1442, 1443, I ALL IN Fellsmere Farms Company Sub- division of all unsurveyed part of Township 315, Range 37E according to plat recorded in Platbook 2, pages 1 and 2, St. Lucie County records, said lands now lying in Indian River County, Florida. SECTION V The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. SECTION VI It is expressly understood and agreed by and between Company and the County that the Company shall save the County and members of the Board harmless from any loss substained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the constr::c- tion of this section, the claim of any person resulting from negligence on the part of the Company may be prosecuted -3- 40 directly by such person against the Company as if no governmental immunity accrued to the County by virtue of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demand. SECTION VIZ The Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or any be setforth 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 i 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 necessary to insure compliance with all governing regulations. SECTION VIII All the facilities of the Company 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 Health. The Company may maintain sufficient water pressure and mains of sufficient size with fire hydrants and other facilities necessary to furs:_~ fire pretection at any and all areas within the territory serviced by the Company. The Company may also supply all water through meters which shall accurately measure the amount -4- 40 40 of water supplied to any consumer. The Company 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 Company, the sum of Five Dollars ($5.00) shall be deposited with the Company 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, the Company shall do so at such times as will cause the least amount of convenience to its consumers and unless such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof to its consumers. I SECTION IX (a) The Company shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations, terms and 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 Company, 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. Company Engineer 3. One person selected by the two above named persons and this Board of. Arbitrators shall make recommendations to the - 5 - 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 othler fixtures laid or placed by the Company 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. The Company shall whenever practicable avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall at its own cost and expense and in a manner approved by the County Engineers, replace and restore all such Isurface 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, the Company shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Company shall not locate any of its facilities nor do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Company shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Company thereto; provided, however, in the event of this termination of easement, the person requesting such termination shall pay to the Company, in advance, its costs of removal and - 6 - relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten feet in width for the benefit of the Company and its facilities. SECTION XI The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respect make or grant any preference or advantage to 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. (a) The Company shall furnish, supply, install and make available its public water system and its public sewer system to any and all persons within the territory making demand therefor, and shall provide such demanding person with its services and facilities within one year from the date of such demand; provided, however, that the Board may, upon application of the Company, extend the time for providing such service to such demanding person. In the event the Company fails to provide its 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 the Company or such greater area as the Board shall determine and thereafter the territory shall be only the area set forth, defined and provided by the Board and the provisions of this franchise shall not extend beyond the limits of the area so restricted and defined. (b) The Company shall not be required to furnish, supply, install and make available its public water system or its - 7 - • 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 the Company as shall make the addition proposed financially feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Company for all its services under this franchise; that such rate will produce to the Company a sum sufficient to meet all necessary costs of the services, including a fair rate of return on the net 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 Company, The Company shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without the approval of the Board, and provided further that no such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an 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 Company 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 week precedingsuch hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter - 8 - u 40 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 by withheld. SECTION XIV The rates charged by the Company for its service here- under shall be fair and reasonable and designed to meet all nec- essary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under effi- cient and economical management. The Company agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent juris- diction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect, but not to exceed the following schedule of rates, which shall remain effective until changed or modified as herein provided, to wit: FRANCHISE RATES AND HOOKUP CHARGES $2.50 per month for water $2.50 per month for sewer Hookup charges - water and sewer - $5.00 each -9- SECTION XV The County shall have access at all reasonable hours to all of the Company's plans, contracts, engineering data accounting, financial, statistical, consumer and service records relating to the property and the operation of the Company and to all other records required to be kept hereunder, and it shall file such accounting reports and data with the County when required. I---T/1T.1 V117 The Company 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 Company. If any person serviced by the Company under this franchise complains to the Board concerning the rates, charges and/or operations of such utility and the Company, 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 the Company for the service it furnishes or the quality of services furnished. If the Board enters its order pursuant to such hearing and the Company feels it is aggrieved by such Order, the Company may seek review of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Company shall promptly comply with the order of the Board. 10 - SECTION XVII Should the Company desire to establish sewer rates and 3harges or should the Company desire to increase any charges aeretofore established and approved by the Board, then the ;ompany 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 riotice 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 Baring 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 Company or any person feels aggrieved y such order, then the Company or such person may seek review f the Board's action by proceeding in the Circuit Court of County. SECTION XVIII Prior to the Company placing any of its facilities in ay of the public places as herein authorized, the Company shall ake application to and obtain a permit from the County Engineer uthorizing said construction in the same manner as permits are uthorized in the County for the use of the public roads as shall ow or hereafter be established by regulations of the County. 'he County shall have the right when special circumstances exist .o determine the time in which such construction shall be done. SECTION XIX If the Company fails or refuses to promptly and faithfull :eep, perform and abide by each and all of the terms and conditions if this franchise, then the Board shall give the Company written iotice of such deficiencies or defaults and a reasonable time within which the Company shall remedy the same, which notice Shall specify the deficiency or default. If the Company fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Company 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 Foard. If the Board enters an order pursuant to such hearing and the Company 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 Company 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 rights 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 effe 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, the Company shall file with the Board its written acceptance of this franchise and all of its terms and conditions and provided further that if such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. - 12 - E-1 40 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 sewerage collection and treatment system and its water distribu-- tion and treatment system and supplies the same to individual customers. At this time the Company will convey all of its facil- ities (except for sewer treatment plant and water treatment plant) and easements for location of same as the Company may own, to said County without charge, provided, however, that within sixty days from the time of the adoption of this resolution the Company shall file with the Board its written acceptance of this franchise and all of its terms and conditions and provided further that if such acceptance is not filed within the time specified then the provisions of this franchise shall be null and void. SECTION XXIII If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a seperate 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 day of A.D., 19_ COUNTY OF INDIAN RIVER, FLORIDA Signed, sealed and delivered By: in the presence of: As Chairman of the Board of County Commissioners 13 40 i ACCEPTANCE OF FRANCHISE GULF + WESTERN FOOD PRODUCTS COMPANY, a division of GULF + WESTERN INDUSTRIES, INC., a Delaware Corporation authorized to do business in Florida, does hereby accept the foregoing franchise, and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this I day of .0 �. ��. 1975. i WITNESSES: GULF + WESTERN FOOD PRODUCTS CO., a division of GULF + WESTERN IND., INC., a De%awaps Corpgration b�l�i O_,-rter By: Jo_-•.._._-- 4 r se F. Va Senior Vii 4divia, Sr. e President STATE OF FLORIDA COUNTY OF INDIAN RIVER I IIEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take ackncw7 edgements, personally appeared lJ.(f ✓ 6 ,-,ir, as an officer c= GULF + WESTERN FOOD PRODUCTS COMPANY, a division of GULF + WEST??; INDUSTRIES, INC., a Delaware Corporation, and he acknowledged before me that he executed the foregoing instrument for the u ses and purposes therein expressed. WITNESS my hand and official in the State and County aforesaid this 3 4 day of at J Notary Public, State, tj•, .ori �— at Large My Commission expires: i Notmy P.LI:., sial, of Neddu u1 large (SPAL ) my Cun,,nmian L p res Dec. 3, 1976 Bonded by Am ,i- Fre 6 Cawahy Co.