HomeMy WebLinkAbout1980-03325.428
RESOLUTION NO, 80-33
WHEREAS, this Board heretofore did grant a water and sewer
franchise to Earl Groth and C. Reed Knight, said franchise being
known as the Village Green Water and Sewer Franchise; and
WHEREAS, said franchise was subsequently transferred and
assigned to Florida Mobile Home Communities, Inc.; and
WHEREAS, pursuant to Section 13 of said franchise, a request
was received for transfer and assignment of said franchise to Florida
Atlantic Associates; and
WHEREAS, publication of a Notice of Public Hearing was duly
made; and
WHEREAS, this Board did on April 9, 1980 hold a
public hearing;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the water
and sewer franchise, being Resolution No. 73 -82, previously issued to
Earl Groth and C. Reed Knight and subsequently transferred and assigned
to Florida Mobile Home Communities, Inc. , being Resolution No. 78-65,
be and the same is hereby transferred and assigned to Florida Atlantic
Associates and said water and sewer franchise shall include the following
terms:
1. The service area of said franchise shall include the following
described property:
Tracts 4 and 5, Section 6, Township 33 South, Range 39 East; Tract
13, Section 31, Township 32 South, Range 39 East;
also
Tract 3 and the East 20 acres of 'Tract 6, and the North 528 feet
of the East 10.265 acres of the West 20.53 acres of Tract 6,
Section 6, Township 33 South, Range 39 East, according to the
Indian River Farms Company Subdivision as recorded in Plat
Book 2, Page 25, St. Lucie County, Florida, now lying and
being in Indian River County, Florida, less rights of ways and
reservations of record.
2. The rate schedule shall be changed and amended to provide for
the following user rates:
WATER
Residential
First 2,000 gallons
All over 2,000 gallons
SEWER
Residential
RATE
$7.10 per month -minimum
$1.50 per 1, 000 gallons
RATE
$7. 50 per month per single family
dwelling
40
•
0
•.
3. THE MOBILE HOMES LOCATED WITHIN THE SERVICE AREA
SHALL NEVER BE INDIVIDUALLY METERED DURING THE TERM OF
THIS FRANCHISE.
4. Florida Atlantic Associates agrees to pay to the County, as a
future hook -up charge into the County's master water system, a payment
in the amount of $1,000.00 per month until such time as said amount shall
reach a total of $25,000.00, The County will establish an interest-bearing
passbook account and will deposit said payments 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 interest earned on said account shall
be paid quarterly to Florida Atlantic Associates. The parties agree that
the account shall be in the County's name and shall be held under the
following conditions:
(a) 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 Florida Atlantic Associates
shall relinquish all rights thereto.
The $25,000.00 figure was based on the claim of the developer
of 113 gallons per day per residential unit. Should experience indicate a
higher flow demand, this escrow amount shall be supplemented based on
the flow demand formula of2
$ 00 ERC X Peak average demand prior
00/GPD/ ERC
to connecting to the County System.
5. Florida Atlantic Associates agrees to pay to County the sum of
$500.00 per month for a maintenance account until such sum reaches the
sum of $30,000.00. Said account shall be an interest -bearing account
with interest paid quarterly to Florida Atlantic Associates. Said funds
shall be used as a sinking fund and applied only for repairs and/or
replacement 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 Florida Atlantic Associates in maintaining the quality
standards established in this franchise. Florida Atlantic Associates also
agrees that the cost of a meter at such time as the County provides water
services to the franchise area may be taken out of this fund.
6. The franchise and rights herein granted shall take effect and be
in force from and after the time of the adoption of this resolution by the
Board and shall continue in force and effect until such time as the County
may install or acquire its own sewage collection and treatment system
and/or water supply and distribution system and supplies the same to
individual customers at which time, the owner will convey all of its water
and/or sewer facilities (except for sewer treatment plant, water plant
and plant sites) and easements for location of same as owners may own,
free and clear of all liens or mortgages, to said County, without charge.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA.
14
By c �.
hairma ,
Attest:'
Clerk
%^ V1.
11���
U t
-2 - Ago �(Jj Lj 'GAGE o `ry 2
CORDON B. JOHNSTON, ATTORNEY �A�T KLA , VERO DEACH, IFLOR9 2
ACCEPTANCE
The undersigned hereby accepts the foregoing Resolution and the
franchise, transferred by this Resolution and for themselves, their suc-
cessors and assigns, do hereby covenant and j,nree to comply with and
abide by all of the items, conditions and provisions set forth in said
franchise as amended.
Dated this / f(dayof % , 1980.
FLORIDA ATLANTIC ASSOCIATFS
By FLORIDA NUBILE HCW- CC" JNITIFS, INC.
BY
in'a%� reeman, rest end t
l
Attest:
c ar ,i s, e` S cretary
ob0'IP�GE 1 023