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HomeMy WebLinkAbout1975-021M RESOLUTION NO. 75-21 ® BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 This Resolution shall be known and may be cited as the "TREASURE COVE SUBDIVISION SEWER FRANCHISE." SECTION 2 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 terms 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) "Owner" is the Grantee of rights under this franchise, that is, RALMAR ASSOCIATES, INCORPORATED; (c) "Board" is the Board of County Commissioners of the County; (d) "Department" means the Indian River County Util- ities Department; (e) "Person" is any person, firm, partnership, as- sociation, corporation, 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 de- scribed herein; (g) "Utility" means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping centers and similar systems serving more than one building. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or re- ceiver owning, operating, managing or controlling a utility system or proposing construction of a system or who is provid- ing or proposes to provide water or sewer service to the pub- lic. SECTION 3 There is hereby granted by the County to the Owner the exclusive franchise, right and privilege to erect, con- struct, operate and maintain a sewer system within the pre- scribed territory as herein provided and for these purposes to sell sewage collection and treatment services 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, how- ever, 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 4 The territory in which this franchise shall be ap- plicable is all that part of Indian River County, Florida, lo- cated within the following -described boundary lines, to -wit: The South 300 feet of the North 700 feet of Government Lot 1, Section 16, Town- ship 33 South, Range 40 East, Indian River County, Florida. SECTION 5 The Owner shall at all times during the life of this franchise be subject to all lawful exercise of the police pow- er and regulatory authority of the County and to such regula- tion as the County shall hereafter by resolution or ordinance -2- provide. SECTION 6 It is expressly understood and agreed by and between the Owner and the County that the Owner 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 negligences on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties agree that in the con- struction of this section, the claim of any person resulting from negligence on the part of the Owner may be prosecuted directly by such person against the Owner as if no government- al immunity accrued to the County by virtue of: the Owner's use of a public place of the County. The County shall notify the Owner promptly after presentation of any claim or demand. SECTION 7 The Owner shall maintain and operate its plant and system 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. Additionally, the Owner shall comply with all requirements of the Department of Health and Rehabilitative Services, Division of Health, the Department of pollution Con- trol, The Indian River County Utilities Department, and approp- riate planning agencies relative to construction, design, oper- ation, capacity, maintenance and expansion. The right is here- by reserved to the County to adopt, in addition to the provi- sions 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 Ma performed and to make such inspection as it shall find neces- sary to insure compliance with all governing regulations. Up- on the termination of this franchise, the Over shall grant and deliver to the County, upon demand of the County, all of its facilities, system, easements and rights appurtenant there- to lying within Indian River County without charge to the County. In the event any part or all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any municipality of the State of Florida, then in such event, the Owner agrees as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and authority to acquire all of the property, as- sets and facilities of the Owner without charge used in its ser- vices under this franchise. SECTION 8 The Owner shall commence construction of its sanitary sewer treatment and collection system within six (6) months from date, otherwise the franchise created hereby may become void and of no further force and effect at the option of the Board. All the facilities of the Owner shall be constructed only in accordance with plans and specifications approved by the State Board of Health of the State of Florida and The Indian River County Utilities Department, and the quantity and quality of sewage treatment 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. Whenever it is necessary to shut off or interrupt services for the purposes of making repairs or installations, the Owner shall do so at such time as will cause the least amount of inconvenience to its consumers and unless such repairs are unforeseen and im- mediately necessary, it shall give reasonable notice thereof to its customers. SECTION 9 (A) The Owner shall have the authority to promulgate -4- such rules, regulations, terms and conditions covering the con- duct of its business as shall be reasonably necessary to enable the Owner to exercise its rights and perform its obligations under this franchise, and to issue an uninterrupted service to such and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in con- flict 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 commission- ers, can request said Board that a group of arbitrators be auth- orized to determine such discretionary action and such group shall consist of: 1. The Board's Consulting Engineer; 2. The Company Engineer; and 3. One person selected by the two above persons. The Board of Arbitrators so authorized and constituted 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, may be appealed to the Circuit Court of Indian River County, Florida, by either party. SECTION 10 All pipes, mains, lift stations, pumps, valves and other fixtures laid or placed by the Owner shall be so located in the public places in the County as not to obstruct or inter- fere with any other uses made of such public places already in- stalled. The Owner shall, whenever practicable, avoid inter- fering 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 sur- facing, the Owner shall, at its own cost and expense and in a -5- 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 ap- proved 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 pub- lic way, the Owner shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Owner shall not locate any of its facilities nor do any con- struction 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 Owner shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Owner thereto, provided, however, in the event of this termination of easement, any person, except the County, request- ing such termination shall pay to the Owner, in advance, its costs 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 than ten feet in width for the benefit of the Owner and its facilities. SECTION 11 The Owner shall not, as to rates, charges, services, 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 noth- ing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedule to which any consumer coming within such classification would be entitled. SECTION 12 (A) The Owner shall furnish, supply, install and make available its sewer collection and treatment system to any and all persons within the territory making demand therefor, and M shall provide such demanding person with its services and facil- ities within 90 days from the date of such demand; provided, how- ever, that the Board may, upon application of the Owner, extend the time for providing such service to such demanding person. In the event the Owner fails to provide its services and facil- ities 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 the Owner or such greater area as the Board shall determine and thereafter the territory shall be the only area set forth, defined and provided by the Board and the pro- vision of this franchise shall not extend beyond the limits of the area so restricted and defined. (B) The Owner shall not be required to furnish, sup- ply, instal]. and make available its sewer collection and treat- ment system to any person within the territory as hereinafter set forth, unless the same may be done at such a cost to the Owner as shall make the addition proposed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Owner for all the services under this franchise, to the end, that such rate will produce to the Owner 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 pro- spective service to the area is not financially feasible shall be the burden of the Owner. SECTION 13 The Owner 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, fur- ther, that no such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with -7- the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agree- ing 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 Owner to the Board in writing, accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifi- cations 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 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 deteirained by the Board. The Board will, however, approve or disapprove such sale or trans- fer. within ninety (90) days from the date of said public hear- ing. The consent by the Board to any assignment of this fran- chise shall not be unreasonably withheld. SECTION 14 The rates charged by the Owner for its service here- under 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 Owner agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jur- isdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Owner shall have authority to charge and collect not to exceed the following rates: 1. SEWER CHARGE. $8.50 per month per unit for kitch- en and one bathroom; an additional $4.00 per month for each ad - _g_ ditional bathroom or laundry or toilet having a connection, directly or indirectly, to Owner's sewer lines. 2. SE14ER HOOK-UP CHARGE. The Owner shall charge and collect from each owner or occupant of all individual res- idences, condominium units, cooperative apartments, or other structure or premises connecting with the Owner's sewer system a connection charge. Such connection charge shall be in the amount of $600.00. Provided, however, that the Owner does not contemplate charg- ing for sewers at this time. Owner's rates shall, at all times, be subject to the review and approval of Indian River County's Board of County Commissioners and no change may be made by Owner on the basis of its rates without first making application therefor and public hearing thereon. SECTION 15 The County shall have access at a1.1 reasonable hours to all of the Owner's plans, contracts, engineering data, ac- counting, financial, statistical, consumer and service records relating to the property and the operation of the Owner and to all other data required to be kept hereunder, and it shall file such accounting reports and data with the County when required. SUCTION 16 The Owner shall at all times maintain public liability and property damage insurance in such amounts as shall be re- quired 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 Owner. The County shall be named as an addi- tional insured on all such policies of insurance. If any per- son serviced by the Owner under this franchise complains to the Board concerning rates, charges and/or operations of such util- ity and the Owner, after request is made upon them by the Board, -9- fails to satisfy or remedy such complaints or objections 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 objec- tion and the Board may review the rates and charges set and charged by the Owner for the services which it furnishes or the nature and character of the service it furnishes or the quality of services furnished. If the Board enters its order pursuant to such a hearing and the Owner feels it is aggrieved by such order, the Owner may seek review of the Board's action by pro- ceedings in the circuit Court of the County; otherwise, the Owner shall promptly comply with the order of the Board. SECTION 17 Should the Owner desire to increase any charges here- tofore established and approved by the Board, then the Owner shall notify the Board in writing, setting forth a schedule of rates and charges which it proposes. A public hearing shall be held on such request, of which notice shall be given by pub- lication 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. The Board will, however, approve or disapprove said in- crease in rates within ninety (90) days of said public hear- ing. If the Board enters order pursuant to said hearing and the Owner or any person feels aggrieved by such order, then the Owner or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 18 Prior to the Owner's constructing any of its facil- ities as herein authorized, the Owner shall make application to and obtain a permit from the Indian River County Utilities -10- 0 Department authorizing said construction. The County shall have the right when special circumstances exist to determine the time in which such construction shall be done. SECTION 19 If the Owner fails or refuses to promptly and faith- fully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Owner written notice of such deficiencies or defaults and a reasonable time within which the Owner shall remedy the same, which notice shall. specify the deficiency or default. If the Owner fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may there- after schedule a hearing concerning the same with reasonable notice thereof to the Owner and after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may t-erminate and cancel the same in whole or in part if proper reasons therefor are found by the Board. If the Board enters order pursuant to such hearing and the Owner 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 20 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 or the City of Vero Beach, a municipal corporation of the State of Florida, within the territory of this franchise, may install or acquire its own sewerage collection and treatment system and supplies the same to individual customers at which time, Company will convey all of its facilities (except for sewer treatment plant) and ease- ments for location of same as Company may own, to said County -1.1- or City 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 fran- chise and all of its terms and conditions and provide further that it such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. SECTION 21 If any word, section, clause or part of this reso- lution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the re- mainder. 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 Chair- man of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, a1.1 pursuant to the Reso- lution of the Board of County Commissioners adopted on the 23rd day of April, 1975. COUNTY OF INDIAN RIVER, FLORIDA A7.ma Lee Loy, as Cna man o the, Board of County Comm ssioners Attest--�C��4��/ Ralp arris, Clerk Signed, sealed and delivered in the presence of: As o both parties ACCEPTANCE OF FRANCHISE RAI.MAR ASSOCIATES, INCORPORATED does hereby accept the foregoing franchise, and for itself and its successors and/or assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions -12- therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this 1:;116 day of , 1975. RALMAR ASSOCIATES, IMORPORATED By William C. Brown, Ppsi ent Attest "r Mark C. Fa ecretary Signed, sealed and delivered in the presence of: ito _ as to both parties STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an of: - (icer duly qualified to take acknowledgments, personally ap- peared WILLIAM C. BROWN, as President, and MARK C. FALB, as Secretary, respectively, of RALMAR ASSOCIATES, INCORPORATED, and they acknowledged to and before me that they executed the foregoing instrument for the purposes therein expressed by authority vested in them by said corporation, and that the impression seal affixed hereto is the true seal of the corpor- ation. WITNESS my hand and official seal in the State and County aforesaid this day of April, 1975. Ap Notary Public, State or F ori.da at Large. My Commission Expires: APPROVED AS TO FORM: B Y o my At me -13-