HomeMy WebLinkAbout1979-112REESOL,U T ION NO. %N
BE IT RESOLVED by the Board of County Commissioners of Indian
II, River County, Florida:
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This Resolution shall be known and may be cited as the
Tropic Villas Water
Franchise".
SECTION II
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words using the present tense include the
future; words in the plural number include the singular and vice versa. The
word "shall" is always mandatory.
(a) "County" is Indian River County, a political subdivision of the
State of Florida.
(b) "County Engineer", may be "County Administrator".
(c) "Corporation" is the Grantee of rights under this franchise, to -wit:.
SAND DOLLAR BUILDERS, INC.
(d) "Board" is the Board of County Commissioners of the County.
(e) "Person" is any person, firm, partnership, association, corpora -
tion, company or organization of any kind.
j (f) "Territory" means the area located in Indian River County, Florida,
outside the corporate limits of any municipality as the same is more particu-
larly defined and described herein.
(g) "Water System" shall mean and include any real estate, attach-
ments, 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, con -
sumption by business or industry and without limiting the generality of the
foregoing, shall embrace all necessary appurtenances and equipment and shall
include all property, rights, easements and franchises relating to any such
system and deemed necessary or convenient for the operation thereof.
SECTION III
There is hereby granted by the County to the Corporation the non-
exclusive franchise, right and privilege to erect, construct, operate and
maintain a water system within the prescribed territory as herein provided
and for these purposes to sell and distribute water 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
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necessary therefor in, along, under and across the public alleys, streets,
roads, highways, and other public places of the County; provided, however,
t that the County reserves the right to permit the use of such public places
for any and all other lawful purposes and subject always to the paramount
right of the public in and to such public places.
SECTION IV
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The territory in which this franchise shall be applicable is all that
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part of Indian River County, Florida, located within the following described
boundary lines, to -wit:
li Lots 9 and 12, VERO LAND COMPANY SUBDIVISION, according
to the Plat filed in the office of the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat Book 3, Page 19; said land now
lying and being in Indian River County, Florida.
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The Corporation shall at all times during the life of this franchise
be subject to all lawful exercise of the police power and regulatory
authority as the County shall hereafter by resolution provide.
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It is expressly understood and agreed by and between the
Corporation and the County that the Corporation 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 what-
soever resulting from negligence on the part of the Corporation in the
construction, operation or maintenance under the terms of this franchise.
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The parties agree that, in the construction of this section, the claim of any
person resulting from negligence on the part of the Corporation may be
prosecuted directly by such person against the Corporation as if no govern-
mental immunity accrued to the County byvirtue of the persons use of
a public place of the County. The County shall notify the Corporation promptly
after presentation of any claim or demand.
SECTION VI
The Corporation 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, which shall include
but not be limited to Standards promulgated by the City of Vero Beach, Water
and Sewer Department, November 1, 1977, or as amended. The County shall
require the Corporation to comply with the above standards as they relate
to material specifications, and compaction requirements immediately
surrounding the pipes. Prior to the issuance of a construction permit the
County shall also require the Corporation's project engineer to certify that the
material to be used will meet the standards as set forth in said Standards of
the City of Vero Beach, Water and Sewer Department, adopted November 1,
1977, or as amended. Upon approval by the County of the plant and water
system and upon payment of a fee of $20.00/unit a permit shall be issued
to the Corporation for the construction thereof. 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 con-
flict 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.
Upon the completion of all construction of the water plant and dis-
tribution system,the project engineer for the Corporation shall certify,
under seal, that the system has been constructed in accordance with the plans
and specifications previously approved, and further, has met all of the
standards required by the County, including pressure and bacteriological
tests at Grantees expense, whereupon the County will issue a permit accept-
ing the water system, and further, that the said water system and all ease-
ments, (excepting only the water plant, without appurtenances, and the real
property upon which it is situated), shall be conveyed, along with as built
plans, to the County by a customary means of conveyance. Corporation shall,;
in addition, grant necessary easements to County without change to connect
the water system to Countys Master Nater System. Simultaneously, the County
shall give to the Corporation a maintenance lease for $1.00 per year, extend-
ing for the duration of this Franchise. The County shall require the corpora -
tion to comply with all landscape ordinance regulations as enacted by the Count
SF.CTTnN VTT
All the facilities of the Corporation shall be constructed only in
accordance with plans and specifications approved by the Department of
Environmental Regulations of the State of Florida and the quantity and
quality of water delivered and sold and the manner of collection shall at all
times be and remain not inferior to the quality standards for public water
supply, and other rules, regulations and standards now or hereafter adopted
by the Department of Environmental Regulations of the State of Florida.
The Corporation shall maintain sufficient water pressure and mains of
sufficient size with fire hydrants and other facilities; necessary to furnish
fire protection at any and all areas within rhe territory serviced by the
Corporation. Said pressure standards shall be a minimum of 750 gallons per
minute for residential, and 2500 gallons per minute for commercial. The
Corporation shall also supply all water through meters which shall accurately
measure the amount of water supplied to any consumer. The Corporation shat
at any time when requested by a consumer, make a test of the accuracy of any
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meter; prior, however, to any test being made by the Corporation, the sum
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of Five ($5.00) Dollars shall be deposited with the Corporation by the party
requesting such test. Such sum shall be returned if the test shows the meter
to be inaccurate in its delivery. The meter will be changed and if the meter
i reading calibrates too high, a billing adjustment will be made for no more
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Ii than the past six (6) months actual readings. Vl'henver it is necessary to shut
off or interrupt service for the purpose of making repairs or installations,
the Corporation shall do so at such times as will cause the least amount of
inconvenience to its consumers and, unless such repairs are unforeseen and
immediately necessary, it shall give, not less than five (5) days notice thereof,
ii to its consumers for non -emergencies.
SECTION VIII
(a) The Corporation 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 Corporation 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 sub'
to the approval of the Board.
(b) At all times herein where discretionary power is left with the
Board of County Commissioners, the Corporation, 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. Corporation Engineer.
3. One person selected by the above two persons.
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and this Board of Arbitrators shall make recommendations to the hoard 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.
i� All pipes, mains, hydrants, valves, and other fixtures laid or placed
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�I by the Corporation shall be so located in the public places in the County after
approval by County Engineer, so as not to obstruct or interfere with other use
made of such public places already installed. The Corporation shall, when-
ever 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
Corporation shall, at its own cost and expense and in a manner approved by
the County Engineer, replace and restore all such surface so disturbed in as
good condition as before said work was commenced and shall maintain the re-
storation in any approved condition for a period of one (1) year. In the event
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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 Corporation,
shall upon reasonable notice by the County, remove, relay and relocate its
fixtures at the Corporation's expense. The Corporation shall not locate any
i 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 1
the event any such public place under or upon which the Corporation shall have
located its facilities shall be closed, abandoned, vacated, or discontinued,
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the board may terminate such easement or license of the Corporation thereto,
provided, however, in the event of this termination of easement, the party
other than the County requesting such termination shall pay to the Corporation
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 (10) feet in width for the benefit of the
Corporation and its facilities.
SECTION X
The Corporation 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 dis-
advantage.
SF.CMON XT
(a) The Corporation shall furnish, supply, install and make available
its public water system to any and all persons within the territory making
demand therefor, and shall provide such demanding person with its services
and facilities, provided, however, that the Board may, upon application of the
Corporation, extend time for providing such service to such demanding
person. In the event the Corporation fails to provide its services and facilities
as a water system to any area within the territory within time provided, then
in such event the County may by resolution of the Board, limit, restrict and
�j confine the territory to that area then being serviced by water by the Corpora
j! tion or such greater area as the Board shall determine and thereafter the
ii territory shall be only the area set forth, defined and provided by the Board
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j; and the provisions of this franchise shall not extend beyond the limits of the ai
so restricted and defined.
(b) The Corporation shall not be required to furnish, supply, install
and make available its public water system to any person within the territory
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as hereinbefore set forth, unless the same may be done at such a cost to the
Corporation as shall make the addition proposed financially feasible.
Financially feasible shall mean that a fair and reasonable rate to be charged
by the Corporation for all its services under this franchise; that such 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 Corporation.
SECTION XII
The Corporation, or its Shareholders, shall not sell or transfer its
plant or system, or corporate stock, 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 Boaid 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,
1 this franchise shall not be transferrable and assignable until notice or request
�I for transfer and assignment shall be given by the Corporation to the Board in
writing, accompanied by a request from the proposed transferee, which
application shall contain information concerning the financial status and other
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Ilqualifications of the proposed transferee and such other information as the
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;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
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County at least one time not more than one month or less than one week pre-
;;ceding such hearing. Certified proof of publication of such notice shall be
'filed with the Board. Said hearing may thereafter be continued from time to
;!time as determined by the Board. The consent by the Board to any assignment
;';of this franchise shall not be unreasonably withheld. Any sale or transfer, by
j11the Corporation or Shareholders of the Corporation, taking place contrary to
';the terms and conditions of this paragraph shall be considered by the Board to
be a default by the Corporation under this franchise agreement and subject
this franchise to termination.
II SECTION XIII
Corporation warrants adequate capacity to service existing or antici-
pated customers and agrees not to provide water service unless adequate
capacity is available at the time any new connection is made.
SECTION XIV
The rates charged by the Corporation 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 Corporation agrees
that it shall be subject to all authority now or hereafter possessed by the
�i County or any other regulatory body having competent jurisdiction to fix
just, reasonable and compensatory rates. When this franchise takes effect,
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i' the Corporation 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:
MONTHLY WATER QUANTITY RATES PER UNIT:
First 2,000 gallons . . . . . . . . . . . . . . . . $10.00
Each 2,000 gallons . . . . . . . . . . . . . . . . $ 2.00
CONNECTION CHARGE PER UNIT:
Connection charge to be $1,000.00 plus cost of materials and
installation.
i ESCROW CHARGE PER UNIT. . . . . . . . . . $200.00
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'.i (a) The Corporation agrees upon the completion of each unit, to pay
County, as a future hook-up charge into the County's master water system, a
payment in the amount of $200.00. The County will establish an interest-
bearing passbook account and will deposit each $200.00 unit payment into said
account, holding said funds until such time as the County is in a position to
supply water services to the franchised area. The parties agree that the
account shall be in the County's name and shall be held under the following
conditions:
(1) At any time that the County shall acquire its own water
distribution system, and shall furnish water services to individual customers,
all sums of money remaining in said account shall become the absolute
property of the County and the Corporation shall relinquish all rights thereto.
The County may raise or lower the impact fee by ordinance. Rom the effective
date of change the fund will accrue with the revised charges deposited in the
County's account.
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(b) Ten percent (10%) of the gross rates charged and received shall
be placed in a second County interest bearing account and accumulated until I
the balance reaches $30,000.00 dollars. The balance of the account may be
adjusted by the Board of County Commissioners at such time as the need arise'l
due to inflationary repair or replacement or other unforeseen costs. Said
funds shall be used as a sinking fund and applied only for repairs and or repla I -
ment of the water systems as the need arises. County is granted the right to
make necessary repairs using said fund in the event of default on the part of
Corporation in maintaining the quality standards established herein.
SECTION XV
�i The County shall have access at all reasonable hours to all of the
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Corporation's plans, contracts, engineering data, accounting, financial,
statistical, consumer and service records, relating to the property and to
all other records required to be kept hereunder, and the Corporation shall
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�I file such accounting reports and data with the County on an annual basis. The
Corporation shall maintain a current and separate set of books for the
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accounts relative to the operation of the water system maintained under this
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franchise and shall provide County with annual audit and tax returns prepared
and filed on behalf of the Corporation.
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SECTION XVI
The Corporation 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 Corporation. If any person serviced by the Corporation
after request is made upon it by the Board, fails to satisfy or remedy such
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 Corporation for the service it furnishes or the quality of services
furnished.
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If the Board enters its order pursuant to such hearing and the Corporation
feels it is aggrieved by such Order, the Corporation may seek review of
the Board's action by proceedings in the Circuit Court of the County; otherwise,
the Corporation shall promptly comply with the order of the Board.
SECTION XVII
Should the Corporation desire to establish rates and charges or
should the Corporation desire to increase any charges heretofore established
and approved by the Board, then the Corporation 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 or less than one week preceding
such hearing. Certified proof of publication of such notice shall be filed
with the Board. Said hearing may thereafter be continued from time to time
as determined by the Board. If the Board enters an Order pursuant to such
hearing and the Corporation or any person feels aggrieved by such order, then
the Corporation 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 Corporation placing any of its facilities in any of the
public places as herein authorized, the Corporation 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.
gRCTION XIX
If the Corporation 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 Corporation written notice of such deficiencies
or defaults and a reasonable time within which the Corporation shall remedy
the same, which notice shall specify the deficiency or default. If the Corpora -
tion fails to remedy such deficiency or default within the time required by
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the notice from the Board, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Corporation 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 Board.
If the Board enters an order pursuant to such hearing and the Corporation or
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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
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Court of the County.
IW"@To]IIi:�/
Any person using in normal average consumption more than 100,000
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�I gallons of water per day shall not be required to deal with the Corporation but
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jiany such water user shall be at liberty to secure its water from such source
1' or sources as it might desire, so long as the independent water source does
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not adversely affect corporate supply. Nothing in this franchise shall prevent
landowners from exercising their vested rights or privileges as set forth and
hcontained in any license issued to any utility heretofore granted by the Board
pursuant to Section 125. 43, Florida Statutes.
SECTION XXI
The Corporation shall design all facilities within the Franchise Area
to conform to the Indian River County Master Plan for utilities, when applicable
;'Permits shall be required for the placement or location of wells and treatment
jplant. The County Engineer, or his designee, shall approve the plans and
permits. In addition, all plans shall be approved by the Department of
Environmental Regulation and other appropriate agencies. County shall make
necessary inspections during construction, and quarterly thereafter, at the
cost of $20.00/unit as covered by the permit fee.
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SECTION XXII
The Franchise and rights hereto 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 is operat-
ing a public -owned water system and agrees to service the area presently
served under the franchise distribution system. The Corporation acknowledge
that is has entered into an agreement with the County whereby, upon written
notification from the County, the Corporation will, at its own expense,
terminate the lease of the distribution system, grant necessary easements,
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remove the water plant, and terminate this franchise. County, as its expense!
shall connect the franchise's distribution system and other necessary appur-
tenances which have been conveyed to County to the County's distribution lines
and service the franchise area. The Corporation agrees to grant to County
any easements necessary to connect the franchise's distribution system to
the County's distribution system.
The water plant, and the real property upon which the water plant is
situated, shall remain the property of the Corporation. The Corporation gran
to the County the right to purchase the said water plant and real property,
or any part thereof, within thirty (30) days from the time this franchise
becomes null and void, upon terms and conditions mutually agreed upon
by the County and the Corporation. In the event County purchases any of
the real property, it shall purchase said real property in segments of not
less than whole lots.
SECTION XXIII
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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.
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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 7th day of November 1979.
I. Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA
in the presence of:
�r
By:
As k,hairm o than
County om misibti'e rs
Attest: ,<-�_= �
Clerk
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ACCEPTANCE OF FRANCHISE
SAND DOLLAR BUILDERS, INC., a Florida corporation, does hereby'accept
the foregoing franchise, and for their 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.
SAND DOLLAR BUILDERS, INC.
Charles W. Weiche, Vice -President
Dated at Vero Beach, Indian River County, Florida, this 3rd day
of January , 1980,
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared Charles W. Welche, Vice -President of Sand Dollar
Builders, Inc., and he acknowledged before me that he executed the foregoing
instrument for the use and purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid
this 3rd day of January , 1980.
Notary Public, State of Florida at Large.
My commission expires: -4-21-82