HomeMy WebLinkAbout1979-051RESOLUTION No. 79-51
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 ROSELAND
PLAZA UTILITY 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 the rights under this
franchise, that is, Lee T. Von Stein, Charles H. Von Stein and
Sam Mufson, Trustee.
(c) "Board" is the Board of County Commissioners of the
County;
(d) "Department" means the Indian River County Utilities
Department?
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River
County, Florida, outsidr, the corporate limits of any municipality
as the same is more particularly defined and described herein.
(g) "Utility" means water or sewer utilities servino
subdivisions, apartment and housing complexes, condominium, mobile
home or trailer parks, industrial complexes, Fhopping centers and
s"
a
similar systems serving more than one building. "Utility"
includes wells, pumps, tanks, treatment facilities, force mains,
Pumps stations, collection systems, service lines and pipes, real
estate and easements necessary to such systems and includes every
person, corporation, lessee, trustee or receiver owning, operating,
managing or controlling a utility system or proposing construction
of a system or who is providing or proposes to provide sewer
service to the public.
Section 3
There is hereby granted by the County to the Owner, the
exclusive franchise, right and privilege to erect, construct,
operate and maintain a sewer system and water system within the
prescribed territory as herein provided and for these purposes to
sell treated water and sewerage 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,
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 4
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:
From a P.R.M. marker on the Northeast corner of Tract "A" of van
Bergen and Hendry's Addition to Roseland, Unit No. 1, as recorded
in Plat Book 3, page 39, Docket No. 58971, Public Records of
Indian River County, Florida, run South 410 23' 00" West along
the North boundary of said Tract "A", said line also being the
South right-of-way of Roseland Road, a distance of. 138.60 feet to
the intersection of the East right-of-way of U.S. Highway No. 1.;
Thence run Northerly along the East right-of-way of U.S. Highway
No. 1 on an arc of a circular curve to the right, having a radius
of 11459.20 feet, through a central angle of 00° 20' 22", for a
distance of 67.90 feet to the intersection with the North right-
of-way of Roseland Road and point of beginning.
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From said point of beginning, run North 410 23' 00" East along
the North right-of-way of Roseland Road a distance of 714.20 feet
to a point, said point being 25 feet North and 1030.00 feet West
of an iron pipe on the bank of the Indian River, said last
mentioned pipe being 10 feet South of a concrete post or monument
at Gibson's wharf; Thence at right angles to the North right-of-way
of said Roseland Road, run North 480 37' 00" West along the East
line of property described in Deed Book 43, page 487, Public
Records of Indian River County, Florida, a distance of 300 feet
to an iron pipe; Thence continue North 480 37' 00" West a distance
of 250.45 feet to a point on the North line of property as
described in Parcel No. .1 and recorded in Official Record Book 453.
page 882., Public Records of Indian River. County, Florida; Thence
run South 410 23' 00" West along said North line of property a
distance of 63.19 feet; Thence run South 460 18' 00" West a
distance of 322.2.8 feet to the East right-of-way of U. S. Highway
No. 1: Thence run Southerly on the East right-of-way of. U. S.
Highway No. along a curve to the left, having a radius of
11459.20 feet, through a central angle of 03 19' 4211, an arc
distance of 665.67 fent to the point of beginning, and
"From a 4" X 4" Concrete monument at the intersection of Roseland
Road and the west shore of the Indian River, said monument being
10 feet North of a pipe marking the: old location of Gibson's
wharf, run Northerly along the shoreline a distance of 356.38
feet to an iron pipe; thence continue Northerly along the shoreline
a distance of 2.00 feet to a pipe; Thence run South 410 23' 00"
West a distance of 968.06 feet to a concrete monument and the
point of beginning": From said point of beginning continue South
410 23' 00" West a distance of 182.76 feet to an iron pipe;
Thence run South 480 37' 00" East a distance of 197.85 feet to an
iron pipe; Thence run North 410 23' 00" East a distance of 171.83
feet to a concrete monument; Thence run North 450 27' 00" West a
distance of 197.84 feet to,the point of beginning. Said parcel
also being described as Follows: From a P.R.M. Marker on the
Northeast corner of Tract "A" of Van Bergin and FIendry's Addition
to Roseland, Unit No. 1, as.recorded in Plat Book 3, page 39,
Docket No. 58971, Public Records of. Indian River County, Florida,
run South 410 23' 00"West along the North boundary of said Tract
"A", said line also being the South .right-of-way of Roseland Road,
a distance of 138.60 feet to the intersection of the East
right-of-way of U. S. Highway No. 1; Thence run Northerly along
the East right-of-way of U. S. Highway on an arc of a circular
curve to the right, having a radius of 11459.20 feet, through a
central angle of 000 20' 22", for a distance of 67.90 feet to
the intersection with the North right-of-way of Roseland Road,
thence run North 410 23' 00" East along the North right-of-way of
Roseland Road a distance of 714.2.0 feet to a point, said point
being 25 feet North and 1030 feet West of an iron pipe on the bank
of the Indian River, said last mentioned pipe being 10 feet South
of a concrete monument at Gibson's Wharf -,'Thence at right angles
to the North right-of-way of said Roseland Road run North 480 37' 00"
West along the East property line of property described in Deed
Look 43, page 487, Public Records of Indian River County, Florida,
a distance of 352..6 feet to an iron pipe and point of beginning;
From point of beginning continue North 480 37' 00" West a distance
of 197.85 feet; Thence run North 410 23' 00" East along the North
line of property as described in Parcel No. 1 and .recorded in
O. R. Book 453, page 882., Public Records of Indian River County,
Florida, a distance of 182.76 feet to a concrete monument, said
concrete monument lying South 410 23' 00" West a distance of 20.17
feet from the Southwesterly P.R.M. of River Trees Subdivision as
recorded in Plat Book 9, page 24, Public Records of Indian River
County, Florida; From said concrete monument run South 450 27' 00"
East a distance of 197.84 feet to a concrete monument; Thence run
South 410 23' 00" West a distance of 171.83 feet to the point of
beginning.
IsM
c....a..... r.
The Owner 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 or ordinance provide.
Sectidn 6
It is expressly understood and agreed by and between the
Owner and The County that the Owner shall hold 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 Owner
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 Owner may be prosecuted directly by such person
against the Owner as if no governmental 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 Environmental Regulations, the Indian
River County Utilities Department and appropriate planning agencies
relative to construction, design, operation, capacity, maintenance
and expansion. The right is hereby reserved to the County to
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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. Upon the termination of this franchise,
as provided in Section 21, the Owner shall grant and deliver to the
County, upon demand of the County, all of its facilities, system,
easements, and rights appurtenant thereto (except the treatment
plant and the site for same) 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 in-
corporated 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 the property, assets and facilities of the Owner
without charge used in its services under this franchise.
Section 8
Owner shall commence construction of its sanitary sewer
treatment and collecticn system within 90 days from date, otherwise
the franchise created hereby may become void and of no further
force or 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 sewerage treatment shall at all
times be and remain not inferior to the rules, regulations and
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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 lease amount of inconvenience
to its consumers and unless such repairs are unforeseen and
immediately necessary, it shall give reasonable notice thereof to
its customor.s.
SEC'T'ION 9
(a) The Owner shall have the authority to promulgate such
rules, reaulations, terms and conditions covering the conduct 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 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 Owner, before
discretionary action is taken by The Board of County Commissioners,
may request said Board that a group of arbitrators be authorized
to determine such discretionary action and such group shall consist
of
1. Board's Consulting Engineer
2.. owner's Fngineer
3. One person selected by the two above persons. The Board
of Arbitrators so authorized and constituted shall make recommenda-
tions 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 by either party.
IM.
SECTION i0
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 interfere with
any other uses made of such public places already installed. The
Owner shall whenever practicable avoid interfer.inq with the use of
any street, alley or other highway where the paving or surface of
the same would be dist.urbod. In case of any disturbance of
pavement, sidewalk, driveway or other surfacing, the Owner shall
at its own cost and expense and in a manner anproved by the Country
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 th- County shall lawfully elect to
alter or change the grade of or relocate or widen or otherwise
change any such public 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 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 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, requesting 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 in 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
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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 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
shall provide such demanding person with its services and
facilities within 120 days from the date of such demand; provided,
however, that the Board may, upon application of the Owner, extend
the time for providina such service to such demanding person. In
the event, the Owner fails to provide its services and facilities
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
dotermi.ne and thereafter the territory shall be the only area
set forth, defined and provided by the Board and the provision 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, supply,
install and make available its sewer collection and treatment
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 andor this
franchise, to the end, that such rate will produce to the Owner a
sum sufficient to moot all necessary costs of the services; including
Ia
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 not be the burden of the Owner.
SECTION 13
The Owner shall riot 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 writi.na 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 assianable 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 sLatus and other qualifications of the proposed trans-
feree 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 determined
by the Board. The Board will, however, approve or disapprove such
sale or transfer within ninety (90) days from the date of said
public hearing. The consent by the Board to any assignment of
this; franchise shall not unreasonably be withheld.
SECTION 14
The rates charged by the Owner for its 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.
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
-7ther.regulatory body having competent jurisdiction 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:
WATER
RATE.
3/4"
meter
(min.) lst
3,000 gal/ water u:;ed
$ 7.£34
1"
meter
(min.) Ist
4,000 gal/water used
1.2.12
1'4"
meter
(min.) 1st:
5,000 gal/water used
16.40
V-,."
meter
(min.) 1st
12,000 gal/water used
31.36
2"
meter
(min.) 1st
16,000 gal/water used
39.20
All
usage
in excess
of the aforementioned will
be charged
on
a basis
of $1.50
per 1,000 gallons.
SEWER RATE:
1.5 times the water charge.
Owner's rates shall at.all times be subject to the review and
approval of Indian Ryer County's Board of County Commissioners
and no change may be made by Owner in the basis of its rates
without first making aoolication therefor and public hearing
thereon.
SECTION 15
The County shall. have access at all reasonable hours to all
of the Owner's plans, contracts, engineering data, accounting,
financial,statistical, consumer and service records relating to
the property and the operation of the Owner 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 16
The Owner 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
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i
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 additional insured on
all such policies of insurance and a copy of the policy shall be
delivered to the County Administrator, If any person serviced by
the Owner under this fraTTchise complains to the Board concerning
rates, charges and/or operations of such utility and the Owner
after request is made upon it by the Board, fails to satisfy or
*.emedy 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 objection 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 or 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 proceedings 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 heretofore
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 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. The Board will,
however, approve or disapprove said increase in rates within
ninety (90) days of said public hearing. 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 19
Prior to the Owner constructing any of its facilities as
herein authorized the owner shall make application to and obtain
a permit from the Indian River County Utilities Department
i authorizing said construction. The County shall have the right
I
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 faithfully 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 require -d by the notice from
the Board, the Board may thereafter 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
terminate 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
This franchise shall not affect, limit or restrict the rights
or pr:i.vilenes as set forth and contained in any license issued to
r
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
until such time as the County, 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 water treatment system and supplies the same to individual
customers at which time, Owner shall convey all of its facilities
(except for sewer treatment plant and plant site) and easements
for location of same as Owner may own, free and clear of all liens
or mortgages, to said County without charge.
Section 22
Within sixty (60) days from the time of the aodption of this
resolution, the Owner shall file with the Board it written
acceptance of this franchise and all of its terms and conditions
and provide further that if such acceptance is not filed within
the time specified, then the provisions of this franchise shall be
null and void.
I£ any word, section, clause or part of this resoltion 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 day of ))I""'
1979. T
Signed, sealed and delivered
in the presence of: COUNTY JOF INDIAN 1RIVER, FL RIDA
By:
William Wodtke, J .,'Chairman
Attest:
+- • 01'
Clark
'Vol ni'. of
..s
ACCEPTANCE OF FRANCHISE
The undersigned hereby accepts the foregoing franchise and for
themselves and their successors and assigns, do hereby covenant
and agree to comply. with and abide by all the terms, conditions
and provisions therein set forth and contained.
t
DATED this kA-) day of a `-' '`` 1979.
LEE T. VON STEIN, CHARLES H.
VON STEIN AND SAM MUFSON, TRUSTEE
Y
Lee T. Von Stein, Partner
By
Charlos H. Von Stein, Partner
Approved as to form:
By
County Attorney