HomeMy WebLinkAbout1981-045RESOLUTION NO. 81-45
WHEREAS, this Board heretofore did grant a water fran-
chise to HOBART LANDING SERVICES COMPANY, on October 7, 1970,
under Resolution No. 70-44, said franchise being known as the
"Hobart Landing Services Company Water Franchise'; and
WHEREAS, publization of a Notice of Public Hearing was
duly made; and
WHEREAS, this Board did on July 1, 1981 hold a public
hearing;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the water
franchise, being Resolution No. 70-44, previously issued to
HOBART LANDING SERVICES COMPANY, shall include the following terms
as either additions or amendments to Resolution No. 70-44 as the i
case may be:
1. The rate schedule shall be changed and amended to pro'
vide for the following user rates:
WATER RATE
Residential
First 3,000 gallons $6.00 per month -minimum
All over 3,000 gallons $1.00 per 1,000 gallons
2. HOBART LANDING SERVICES COMPANY agrees to immediately
make available, maintain and replenish if diminished, the sum of
$8,000.00 to be placed in an interest bearing account by the
County. Hobart Landing Services Company shall be entitled to all
interest accruing from such account, which interest shall be pay-
able to Hobart on a monthly basis. The above funds shall be
used as a sinking fund and applied only for repairs and/or re-
placement by the County in the event Hobart fails to make neces-
sary repairs or replacement as would be required by industry
practice or custom in operating a water franchise of this size
and kind.
3. HOBART LANDING SERVICES COMPANY agrees to cause to be
paid to the County, as a future hookup charge into the County's
master water system and as an impart fee, payment in the amount Ot
$320.00 per lot which is sold by Hobart Brothers Company, an Ohio
I
corporation, commencing after the date of this agreement. Such
impact fee shall be due and payable to the County within 10 days
after the closing of the sale of any lot and shall be held in the
County Impact Escrow Account for the benefit of Indian River
County.
4. 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 water supply and distribution system and supplies the same to
individual customers. At that time, for value received and hereby
acknowledged by Hobart, the owner will convey all of its water
facilities (except for water plant, equipment and plant sites) and
easements -for location of the same as owners may own, free and
clear of all liens or mortgages, to said County, without charge.
BOARD OF&OUNTY COMMISSIONERS OF
INDIAN,0114ER COUNTY, FLORIDA.
By
airman
Attest�.`�,�cc�i �t / A
Clerk
ACCEPTANCE
The undersigned hereby accepts the foregoing Resolution
and for itself, its successors and assigns, does hereby covenant
and agree to comply with and abide by all of the items; conditions
and provisions set forth in said franchise as amended.
Dated this ���day of_ 066 , 1981.
HOBART LANDING SERVICES COMPANY
By
Fred Briggs, Dis ict Manage_r
Effective: 7--1-81
Adopted: %-15-81
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgments, personally appeared
FRED BRIGGS, District Manager respectively of HOBART LANDING
SERVICES COMPANY, an Ohio corporation, to me known to be the
person described in and who executed the foregoing instrument and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this—/W '�day of August, 1981.
Rotary Public, State of Florida at
Large.
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