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HomeMy WebLinkAbout1975-06640 • R E S 0 L U T I O N No. 75-66 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: This Resolution shall be known and may be cited as the "Customer Service, Inc. Sewer and Water Franchise." SECTION II For the purposes of this Resolution, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words using the present tense including the future; words in the plural number include the singular and vice versa. The word "shall." is always mandatory. (a) "Country" is Indian River County, a political subdivision of the State of Florida. (b) "Company" is the Grantee of rights under this franchise, that is "Customer Service, Inc.', a Florida Corporation:. (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 limiting the Ci 40 generality of the foregoing, shall embrace all necessary appurtenan es and equipment and shall include all property, rights, easements, and franchise 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, puri- fication or disposal of sewage effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals, and all necessary appurtenances and equipment and shall include all property, rights easements and franchises relating to any such system and deemed necessary or convenient for the operation 1 thereof. (h) "Water Treatment Plant" shall be that part of the water system consisting or and including any real estate, wells, pumps, motors, piping, valves, tanks, reserviors,impounded water structures, attachments, fixtures or other property, real or personal located within the physical boundaries of the real property being utilized for the obtaining, treatment and storage of water. (i) "Sewer Treatment Plant" shall be that part of the sewer system consisting of and including any real estate, treatment plants, structures, attachments, fixtures or other property, real or personal located within the physical boundaries of the real property being utilized for the treatment, purification or disposal of sewage effluent. (j) "Service" is the supplying to a user the distribution of water and collection of sewage and the processing of both. (k) "Hookup and/or Connection" is the connecting of potential user's property to the water and/or sewer system in order to utilize the Company's service. -2- SECTION III There is hereby granted by the County to the Company sa® lithe 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 has herein provided and for these purposes to treat 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 appur- tenances 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 to the public in and to such 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; The Nest 10.34 acres of Tract 3, and all of Tract 6, except the South 10 acres of the East 20 acres of said Tract 6, Section 14, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company, filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25; said land now lying and being in Indian River County, Florida. -3- • • 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. It is expressly understood and agreed by and between the Company and the County that the Company shall save the County and members of the Board harmless from any loss su stained 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 construction of this section, the claim of any person resulting from negligence on the part of the Company may be prosecuted directly by such person against the Company as if no governmental immunity accrued to the County by virtue of the Company's use or a public place of the County. The County shall notify the Compan promptly after the presentation of any claim or demand. SECTION VII 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 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 furnish fire protectio 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 of water supplies to any consumer. 4- ® i 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 installation, 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. OTnTTnM XTTTT The Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or may 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 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 inspection as it shall find necessary to insure compliance with all governing regulations. SECTION IX (a) The Company shall have the authority to promulgat 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. -5- dD (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 Commissione 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 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 Y A1.1 pipes, mains, hydrants, valves and other 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 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, 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 M C> 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 the Company, 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 Company and its facilities. SECTION XI The Company shall not as to rates, charges, service facilities, rules, regulation 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) The Company shall furnish, supply, install and make available its public water system and its public sewer syste 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 the being serviced by both water and sewer by the Company or such greater area as the Board shall determine and thereafter the -7- • 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 public sewer system or both to any person within the territory as hereinabove 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 valiaatio 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. SECTION XIII The Company shall not sell or transfer its plant or system to another nor transfer any right 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 otice shall be given by IBM 40 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 thereaf be continued from time to time as determined by the Board. The consent by the Board to any assignment of this franchise shall not reasonably be withheld. vvllln_ I'll 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: SINGLE FAMILY AND DUPLEX RESIDENCES MONTHLY WATER QUANTITY RATES - First 2,000 gals. $ 5.00 Each additional 1,000 gals $ 1.75 Water Hookup and Connection Charge 400.00 MONTHLY SEWER SERVICE RATES Up to 5,000 gals. 125% of water charge. 5,000 to 9,000 gals 5,000 gal rate plus 100% of water charge over 5,000 gals. 9,000 gal.rate plus 75% of - water charge over 9,000 gals. 12,000 gal.rate plus 50% of water charge over 12,000 gals. Sewer Hookup and Connection Charge $600.00 9,000 to 12,000 gals 12,000 gals and over 9- 40 do ul',',TION 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 I all other records required to be kept hereunder, and it shall ! file such accounting reports and data with the County when required. SECTION XVI The Company shall at all times maintain public i liability and property damage insurance in such amounts as shall it 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 i the general public and for any liability which may result from i any action of the Company. If any person serviced by the Company I i j under this franchise complains to the Board concerning the rates, !I 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 there- upon, after due notice to such utility, schedule a hearing concerning such complaint or objection and take such action as will require that such standards of services, as are generally required of utility companies by the County, be met. 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 Countyl otherwise, the Company shall promptly comply with the order of the Board. 40 Should the Company desire to increase any charges heretofore established and approved by the Board, then the Company 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 maythereafter 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 by such order, then the Company or such person may seek review of the Board's action by proceeding in the Circuit Court of the County. SECTION XVIII Prior to the Company placing any of its facilities in any of the public places as herein authorized, the Company 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. V1111MTnM VTV If the Company 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 Compa written notice 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 deficienty 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 -11- M • the Company and after such hearing at which all interested parties shall be heard, the Board may further limit or. restrict 3 this franchise or may terminate and cancel the same in whole or in part if proper reasons thereby are found by the Board. If the Board enters an order pursuant to such hearing and the 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 desir. 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 licence issued to any utility heretofore granted by the Board pursuant to Section 125.42, Florida Statutes. The franchise and rights herein granted shall take effelt 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- S i CTION XXII The franchise and rights herein granted shall take i; 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 distribution and treatment system and supplies the same to individual customers. At this time the Company will convoy all of its facilities (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, how- ever, 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. :ZCTIOW 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. IId ',9ITHIESS 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 !bard 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 8th day of October _ , A.D. , 19 75 . s 40 t'%, Signed, sealed and de iLvered in the presence of: A�,to�both parties vM COUNTY �OF _IN AA RIVE FLORIDA BY : to /1.C� 4� ilL As unairman of tn1board oT County Commissioners f ATTEST: e J � Ralp -i H rris; - n6rk .. ACCEPTANCE OF FRANCHISE CUSTOMER SERVICE, INC. SEWER AND WATER FRANCHISE, a Florida 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. CUSTOMER SERVICE, INC. WIT ESSES: BY STATE OF FLORIDA COUNTY OF INDIAN RIVER f I HEREBY CERTIFY that on this day, before me, an office duly authorized in the State and County aforesaid to take acknowl- edgements, personally appeared Cr -7£Q a- as an officer of CUSTO*TER SERVICE, INC. a Florida Corporation, and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. Witness my hand an official seal in the State and Count aforesaid "this 7 day of 1975. t 6 A PUBLICof Fle,la� �r WIP .... MY COMMISSION!,EXPI,� Ges Morch 10, 1979 , My Comnussw Fre b Casualty Ca (SEAL) rwna_d ,, A otican ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER • SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO MAKE THE LETTER FROM ATTORNEY BOGOSIAN A PART OF THESE MINUTES ALONG WITH RESOLUTION N0.75-66 • SEWER AND WATER FRANCHISE FOR CUSTOMER SERVICE, INC., ADOPTED OCTOBER 8, 1975. 40 Rzcji(v,%ui) P. Ilcocio xAN ATTORNEY AT LAW 1416 TWENTY-FIRST STREET V H110 I))9AU71. N'ldDl)11)A f)A!)!lb PHONE 967.3400 fAREA CODE 3091 October 21, 1975 Mr.. George C. Collins Attorney at Law 744 Beachland Blvd. Vero Beach, Florida 52960 Re: Customer Service, Inc. Water & Sewer Franchise Dear Joe: The proposed franchise resolution which I furnished You now contains modified definitions of Water Treatment Plant and Sewer Treatment Plant and the following property would be turned over to the County at no cost: Water system: meters, service lines, distribution mains, valves and fire hydrants. Sewer system: forced mains, lift stations including pumps and controls, man holes, gravity collection lines and service lines. These changes should now meet the requirements of the Board and assure that the interest of the County is protected. Of course, the franchise was also changed to show that it is non-exclusive. I hope that the Board will approve the franchise on Wednesday and that Alma Lee will sign it sothat we can proceed with the purchase of the property. Sincerely, j"k. neb Richard P. Bogosian HAND DELIVERED 3