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HomeMy WebLinkAbout1982-051RESOLUTION NO. 82-51 o A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY MODIFYING AND UPDATING THE RURAL SANITATION SERVICE FRANCHISE. of WHEREAS, the Board of County Commissioners of Indian River County, Florida pursuant to Chapter 59-1380 Special Acts, Laws of Florida, has the authority to grant a sanitation service franchise for the operations of such businesses in the unincor- porated areas of Indian River County, and WHEREAS, the Board of County Commissioners of Indian River County granted a franchise to Rural Sanitation Service, a sole proprietorship pursuant to Resolution No. 61-19, and WHEREAS, Resolution No. 61-19 granting the franchise provided that "the right is hereby reserved to the County to adopt in addition to the provisions herein contained and existing appli- cable 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 regulation shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida", and WHEREAS, the County now finds and determines that it is in the County's best interest to update and modify certain requirements of the service franchise, and WHEREAS, the parties agree that in lieu of the County imposing additional regulations as set forth in the preceding paragraph that the franchise itself be modified and updated. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the franchise given by Indian River County pursuant to Resolution No. 61-19 is hereby modified to read as follows; This Resolution shall be known and may be cited as "Rural Sanitation Service Franchise." SECTION 2 For the purpose of this Resolution, the following terms, phrases, and words shall have the meaning set forth below. When -1- not inconsistent with the content, words using the present tense ®M include the future; words in the plural number include the singu- lar and vice versa. The word "shall" is always mandatory. 407 (a) "County" is Indian River County, a political sub- division of the State of Florida. (b) 'Company" is the Grantee of rights under this fran- chise. O 0 (c) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. (e) "Territory" means the area of Indian River County, Florida, outside the corporate limits of any municipality in which the franchisee will conduct business. (f) "Garbage or Trash Service" shall mean the picking up of garbage or trash, hauling the same to a sanitary landfill or other method of treating garbage or trash consistent with the laws of Florida and Rules and Regulations of the Department of Environmental Sanitation and approved by the Board. (g) "Garbage" shall mean discarded, offensive matter, offal, refuse, animal or vegetable matter ordinarily from kitchen, market or store. (h) "Trash" shall mean any material except garbage that has been rejected for use and cast away for disposal. (i) "Gross Revenues" shall mean all revenue received directly or indirectly by franchisee, its affiliates or subsidi- aries per fiscal year from or in connection with the collection and disposal of garbage or trash in the franchise area. SECTION 3 The County hereby grants to the Company, a non-exclusive franchise, to operate garbage service and trash service within the prescribed territory, under the terms of this Resolution, as herein provided. The County agrees that no additional garbage service franchises shall be issued unless the applicant submits an application under the provision of the Utility Act of. Indian River County and affirmatively establishes to the County Commission's -2- satisfaction a need for the additional service. ® SECTION 4 The territory in which franchisee may operate is: • All of unincorporated Indian River County. SECTION 5 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 subject to such regula- tions as the County may hereafter provide by resolution. SECTION 6 The Company shall maintain and operate its garbage ser- vice in accordance with the rules and regulations as are or may be set forth 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 policy power and lawful authority vested in said County, provided that such regulations shall be reasonable, not in conflict with the laws of the State of Florida and not in conflict with the rights granted herein. SECTION 7 The Company shall adopt rules and regulations for the conduct of its business to insure compliance with the terms of this franchise, state law, Department of Environmental Regulation Rules and rules adopted by the Board. The rules will promote the ability of the Company to provide continuous, uninterrupted, high quality service to its customers. Customer complaints must be handled no later than the next business day. The Company shall keep a complete log of all consumer complaints indicating when the complaint was received, when and how the matter was resolved. A monthly consumer complaint report shall be given to the County prior to the 10th day of each month which shall contain a complete copy of the Company's complaint log. SECTION 8 The Company shall not grant any preferential rates, -3- charges, or advantage to any person, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to which any consumer within such classification would be entitled. SECTION 9 The Company shall not sell or transfer the rights gran- ted by this franchise without the express written consent of the County as set forth in the Utility Act of Indian River County. The transferee must be able to demonstrate its ability to perform all the requirements of this franchise, all state and local regu- lations, and regulations of the Board. Upon the receipt of a request to transfer the franchise, the County will schedule a public hearing at which all interested parties will be heard with regard to the transferee's ability to provide the County with ser- vice. The County may require additional assurances from any pro- posed transferee, .including but not limited to additional require- ment to be set forth in transferee's franchise, to assure the County that transferee will faithfully perform the obligations set forth by County. The approval to transfer will not be unreason- ably withheld by County. SECTION 10 The rates charged by the Company for its service here- under shall be fair and reasonable and designed to meet all the necessary 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 a competent jurisdic- tion to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect the following schedule of rates, which shall remain effective until changed or modified as herein provided, to -wit: Residential: $7.00 per month; two collections per Commercial: The Company shall supply the County with a schedule of current commercial rates and shall notify the County immediately of any change. The County may establish a mandatory schedule of rates for commercial service after a public hearing. SECTION 11 If any person serviced by the Company under this fran- chise complains to the Utility Department concerning the rates, charges or operations of such utility and the Company, after re- quest, fails to satisfy or remedy such complaint or objection or fails to satisfy the Department, the Department may, after due notice to such utility, schedule a hearing before the Board con- cerning such complaint or objection, at which time the Board may review the rates and charges set and charged by the Company for the services which it furnishes or the nature and character of the service it furnishes or the quality of services furnished. All interested parties shall have the right to appear and be heard on all matters relating to the complaint or objection under consider- ation. If the County determines that such complaint or objection is valid, it may enter an order requiring the Company to rectify the complaint or objection or the County may adopt an additional rule or regulation preventing objectionable conduct, or both. The Company will immediately comply with all reasonable orders or rules or regulations. In the event the Company is aggrieved by the entry of such an order or the adoption of a rule or regulation under this Section, it may seek review by Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida. SECTION 12 The County shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statisti- cal, consumer and service records relating to the operation of the Company in the franchise area and to all other records required to be kept by the Company. SECTION 13 A. It is expressly understood and agreed by and between the Company and the County that the Company shall indemnify and save the County, its agents and members of the Board harmless, in- cluding the duty to defend, from any and all claims, damages, losses, expenses, causes of action, demands and liabilities of -5- whatever nature, or kind whatsoever that may arise out of or be asserted because of the Company's presence or operations in Indian River County. The County shall notify the Company of any claims asserted against County that arises out of its operations in Indian River County. B. The Company shall at all times maintain public liability and property damage insurance in the following amounts. These amounts may be modified from time to time by the Board as to assure the adequate protection of the County and the general pub- lic from any liability which may result from any action of the Company. The County will be named as a co-insured on all policies of insurance required by this Section. (a) Upon issuance of this franchise, the Company shall maintain; (1) $100,000 for bodily injury or death to any one person with an aggregate limit for any one occurrence of $300,000 for bodily injury or death. (2) Umbrella liability coverage of $1,000,000. (b) Unless notified to the contrary by the County within thirty (30) days of issuance of this franchise, the insurance required of the Company shall automatically increase to the following; (1) $250,000 for bodily injury or death to any one person with an aggregate limit for any one occurrence of $500,000 for bodily injury or death. (2) $250,000 for property damage resulting from any one accident. (3) $500,000 for all other types of liability. (4) Umbrella liability $3,000,000 with not more than $25,000 deductible on base insurance. (5) workers' Compensation Insurance as required by Florida Statutes. (6) Automobile liability insurance covering all owned, non -owned and hirci vehicles used in connection with -6- the franchise's work in the amounts indicated in (b) (1) and (b) (2) above. SECTION 14 Should the Ccmpany desire to seek an adjustment of any charges established and approved by the Board, then the Company shall notify the Utility Department in writing, setting forth the schedule or rates and charges which it proposes and a written justification for the request. A public hearing shall be held on the request. The request for a public hearing shall be submitted to the Utility Department with supporting data for review and presentation to the Commission. Notice shall be given by publica- tion in a newspaper of general circulation in the County at least one time not more than one month or less than one week preceding the hearing. The proof of publication of the hearing shall be filed with the Board. The hearing may thereafter be continued from time to time as determined by the Board. The Board shall make a determination whether the adjustment in charges is necessary and justified under the circumstances set forth in the Company's justification for rate adjustment. The determination shall be made and entered into the record of the meeting by an affirmative vote of a majority of the members of the Board consti- tuting a quorum at the hearing. In the event any party is aggrieved by the entry of the order, they may seek review of the order by a petition for Writ of Certiorari in the Circuit Court of the 19th Judicial. Circuit of Florida. SECTION 15 If the Company fails or refuses to promptly and faith- f+llly keep, perform and abide by each and all of the terms and conditions of this franchise, all the rules, regulations and orders adopted and entered by the Board or the requirements of State or Federal law, then the Utility Department shall give the Company written notice of such deficiencies or defaults and a reasonable time within which the Company shall either comply or seek review of the notice to comply by the County Commission. If the Company fails to remedy such deficiency or default within the time required by the notice frc,u the Department and fails to seek -7- review by the Board, then the Board may thereafter schedule a hearing and notify the Company of the time, place and date of the hearing at which all interested parties shall he heard. The Board shall consider all. matters presented at the public hearing and shall make a determination of the matter by affirmative vote of the majority of the quorum present at the hearing. The Board will determine what remedial actions are necessary to protect the interest of the public, which may include termination, modifica- tion or placing further limitations on the franchise. The deter- mination at the hearing shall be final. The Company may seek review of the decision by filing a petition for a Writ of Certiorari in the Circuit Court of the 19th Judicial Circuit of Florida. The Company shall have the right to discontinue service to any consumer within the above described area in the event of non-payment of his garbage service bill. The Company agrees that it will maintain the garbage service as provided herein with motor vehicles of sufficient size, safety and adaptability for garbage service as may be required from time to time by the Board. Equipment used in collecting, hauling and dumping gar- bage must be a fully enclosed vehicle of wood or metal with water- tight bottom sufficient to prevent leakage and with wood or metal doors to be opened and closed in order that the contents thereof may not be lost, spilled or blown from the equipment. SECTION 17 Nothing in this franchise shall be deemed as making it mandatory for any person to use the garbage service as herein pro- vided. SECTION 18 The Company, its successors and assigns, shall have the rights and privileges and power to use the streets, roads and alleyways, and passageways of the County of Indian River to collect garbage and trash. All collections shall be made with the least practical delay and inconvenience to the public or indi- vidual customers. -8- No obstructions may be placed by the Company or its successors in the streets, sidewalks, alleyways, and passageways of the County without the consent of the Board. SECTION 19 The Company shall collect all garbage and trash from customers of the garbage service when the customer places the gar- bage and trash in standard receptacles or standard garbage bags and these receptacles are placed near the curb or swale area or other area agreed between the parties. The Board of County Commissioners shall have the authority to adopt reasonable rules and regulations regarding the placement, or types of receptacles required by the Company. It is agreed and understood that fallen trees are not considered trash, but customers of this garbage ser- vice and the holder of the franchise may contract with each other for the removal of fallen trees, should they desire; and the pay for this service will be separate and apart from the rates charged for the collection of garbage and trash. Wooden boxes, pasteboard cartons, etc., that merchants or residents have and collect from day to day in the routine of business and housekeeping shall be considered trash. SECTION 20 The franchise shall pay to the County one percent (1%) of gross revenue, as defined in this resolution, per fiscal year as a franchise fee for its operation in Indian River County. Payment shall be made within ninety (90) days of the close of franchisee's fiscal period. The franchisee shall submit together with the payment of the franchise fee a report of its operations showing in detail gross revenues. The report shall be certified by a financial officer of the franchisee or an independent public accountant. The report shall be submitted in conformity with generally accepted accounting and auditing standards that shall be sufficient in scope to allow a certified public accountant to issue an opinion regarding franchisee's compliance with the requirements of this resolution. SECTION 21 The holder of this franchise must comply with all -9- 40 • of existing ordinances, statutes and codes and operate in a clean, sanitary manner to avoid creating a nuisance or becoming a discredit to the County. The Company must make collections as often as is necessary to provide complete and adequate service to its customers in the territory. SECTION 22 The Company shall dispose of all garbage or trash collected from the franchise area at the Indian River County Landfill or other means of disposal approved by the Board. The Company shall not dispose of any garbage or trash at any of the County's transfer stations. The Company will be subject to all fees for the use of the County's Sanitary Landfill as is any other individual. The County may adopt reasonable rules and regulations for the use and scheduling of the Sanitary Landfill. The Company shall not dispose of any trash or garbage collected outside the County at the Indian River County Sanitary Landfill. SECTION 23 This franchise and the rights granted and obligations imposed shall take effect and be in force from the date of adop- tion of this resolution for a term of twenty (20) years provided, however, that the Indian River County Commission shall have the right to hold a public hearing at any time upon notice to the Company, to receive public input on the Company's performance under the terms of this franchise. If it appears to the County that Company is failing to serve the public's and County's best interests, the County shall have the right to make such modifications to this franchise as are necessary to serve the interests of the residents of Indian River County. SECTION 24 If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and inde- pendent 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 -10-- 40 40 and attested by its clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 19th day of May , 1982. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye • A Vice -Chairman A. Grover Fletcher Naye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 19th day of May , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLO IDA By ,�" DON C. SCUR OCK, JR. Chairman Attest: FR DAWRIGHT, erk A C i APPROVED S TO FORM AND LEG SUFFI NCY By G M. R NDENBURG, Co my Attorney ACKNOWLEDGEMENT OF FRANCHISE The foregoing Resolution is acceptable to Rural Sanitation Service and Rural Sanitation Service agrees to abide by all terms and conditions contained therein, when and if adopted by the Board of County Commissioners of Indian River County. RURAL SANITATION SERVICE, INC. (Cb "ORATE SEAL) r, By �G,�,� %17 74v vu�� Ann Z. Morrone, PresidenE -11- yi h RESOLUTION NO. 82- 52 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ® OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN INDIAN RIVER COUNTY AND VERO MAR DEVELOPMENT, LTD. FOR THE SALE AND PURCHASE OF 2.2 ACRES OF REAL PROPERTY. WHEREAS, the Board of County Commissioners desires to acquire a tract of property located on the southern portion of the Barrier Island for the purpose of locating a storage tank for the new South Barrier Island water system and to further locate a fire 2Mdepartment substation, and WHEREAS, Vero Mar Development, Ltd, is the current owner of a 2.2 acre parcel which is suitable for. the County pur- poses and is willing to sell the parcel to Indian River County for a total purchase price of $132,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Chairman of the Board of County Commissioners and the Clerk are authorized to execute the attached contract for the sale and purchase of real property between Indian River County and Vero Mar Development, Ltd. 2. The Chairman of the Board of County Commissioners and County Attorney are authorized and instructed to take all necessary action including the execution of all necessary docu- ments to close on the real estate transaction described in Paragraph 1 above, and 3. The County Commission agrees to design a fire station for the site which will be architecturally harmonious with other structures in the area and further agrees that the ground storage tank to be located on the parcel shall be painted a natural gray/green and screened with appropriate landscaping. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Thai rman Don C. .Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye -1-