HomeMy WebLinkAbout1982-05940
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f' RESOLUTION NO. 82-59
gE IT �ESOLVED, by the Board of County Commissioners of Indian
River County, Florida:
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SECTION I
This Resolution shall be known and may be cited as the "North
Beach Water Company Franchise".
SECTION II
For the purpose of this Resolution, the following terms,
phrases, word 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: North Beach Water Company, a Florida
corporation.
(d) "Board" is the Board of County Commissioners of the
County.
(e) "Person" is any person, firm, partnership, association,i
corporation, company or organization of any kind.
(f) "Developer" means a property owner within the franchise
territory requesting service.
(g) "Territory" means the area located in Indian River
County, Florida outside the corporate limits of any municipality
as the same is more particularly defined and described herein.
(h) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services,
valves, meters, plant, wells, pipes, tanks, hydrants, pumps,
reservoirs, systems, facility or other property, real or personal,
used or useful or having the present capacity for future use in
connection with the collection, obtaining, treatment, supplying
and distribution of water to the public for human consumption,
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fire protection, irrigation, consumption by Residential, business
® or industry, operation of sewage disposal plants and, without
limiting the generality of the foregoing, shall embrace all
® necessary appurtenances and equipment and shall include all
property, rights, easements, licenses and franchises relating to
any such system and deemed necessary or convenient for the
operation thereof.
i (i) "Service" means supplying to a user the distribution of
water and the treatment thereof.
(j) "Hookup and/or Connection" is the connecting of
the water system in order to utilize
potential user's property to
the Corporation's services.
IISECTION
III
There is hereby granted by the County to the Corporation the
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exclusive franchise, right and privilege to erect, construct,
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operate and maintain a water system as herein defined within the
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described territory as herein provided and for these purposes to
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sell and distribute treated water within the territory, and or
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these purposes to establish the necessary facilities and equipment
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and to lay and maintain the water system along under and across
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the public alleys, streets, roads, highway and other public places
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of the County; provided, however, that the County reserves the
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right to permit the use of such public places for and all other
lawful purposes and subject always to the paramount right of the
public in and to such public places. The Corporation may use
treated water for irrigation purposes but only to the extent of
forty percent (40%) of the total capacity of the water plant and
system. If the Corporation desires to utilize treated water for
irrigation purposes in excess of said limitation, prior consent of
the Board is required. In addition, this franchise authorizes the
Corporation to develop a parallel water source and distribution.
system to serve the franchise area for irrigation purposes
provided, however, that rates and charges applicable to said
system will be subject to the prior approval of the Board in the
IIsame
manner as provided for in Section XIX hereof. Corporation is
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granted the non-exclusive franchise to distribute untreated water
within the franchise territory.
SECTION IV
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:
All Government Lots 1, 2 & 3, Section 25, Township 31, Range
39. All Government Lots 1, 2, 6, 7, 8, 9, 10 & 11 and all
that part of Government Lot 3 lying East of "Jungle Trail" as
shown on the "Jungle Trail Maintenance Map for Indian River
County", Section 26, Township 31, Range 39.
All of Government Lot 5, Section 26, Township 31, Range 39,
less the West 2 acres thereof more particularly described as
follows:
Commencing at the Southwest corner of Government Lot 3,
run West along the North line of Government Lot 5 a
distance of 505.96 feet to the point of beginning,
thence continue West along said line a distance 812 feet
to the Northwest corner of said Government Lot 5, thence
run South along the West line of said Government Lot 5 a
distance of 21 feet, more or less, to the mean high
water line of the Indian River, thence meander the said
mean high water line in a Southeasterly direction to a
point due South of the point of beginning; thence run
North 125 feet, more or less, to the point of beginning,
on the North line of said Government Lot 5.
All Governments Lots 1 & 2, Section 35, Township 31, Range
39. All Governments Lots 1 & 2, Section 36, Township 31,
Range 31.
Together with:
Summerplace Subdivision Unit 1 as recorded in Platbook 6,
page 56; Unit 1 Replat as recorded in Platbook 6, page 78;
Unit 2 as recorded in Platbook 6, page 85; Unit 3 as recorded
in Platbook 71 page 74; Unit 4 as recorded in Platbook 8,
page 22, and,
Oceanaire Heights Subdivision Unit 1 as recorded in Platbook
3, page 84 & 85; Unit 2 as recorded in Platbook 4, page 4;
Unit 3 as recorded in Platbook 5, page 53; all lying and
being in Indian River County, Florida.
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 of the County. 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
conflict With the rights herein granted and not in conflict with
the laws of the State of Florida. Upon application by the
Corporation and approval by the Board, the franchise territory may
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be expanded to include additional lands adjacent to and/or in the
vicinity of the franchise territory described above.
SECTION V
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 whatsoever resulting from negligence or other acts on
the part of the Corporation in the construction, operation or
maintenance of the water system under the terms of this franchise.
The County shall notify the Corporation promptly after
presentation of any claim or demand.
SECTION VI
The Corporation shall maintain and operate its water plant
and system and render efficient service in accordance with all
local, State and Federal laws and regulations, which shall include
but not be limited to "Construction Specifications for Water
Distribution and Sewage Collection Facilities" promulgated by
Indian River County Utilities Department, July 1980. Prior to the
issuance of a construction permit, the Corporation's project
engineers shall certify to the County that engineering plans and
specifications meet the design standards as set forth in said
"Construction Specifications" of Indian River Utilities
Department, July, 1980, or as amended. The Corporation shall
cause said certification to be submitted to the County along with
the Florida Department of Environmental Regulation applications
and plans, for County review. Submission to the County for review
may occur simultaneously with submission of said documents to the
Florida Department of Environmental Regulation. Upon approval by
the County of the plans for the plant and system, (which
approval/disapproval will be forthcoming not later than 15 days
following DER action on permit application), a permit shall be
issued to the Corporation for the construction thereof. The
County shall have the right, but not the duty, to inspect all
construction or installation work performed.
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Upon the completion of all construction of the water plant
and distribution systems, the project engineer for the Corporation
shall certify, under seal, that the system has been constructed
substantially in accordance with the plans and specifications
previously approved. The certification shall include submission
to the County of two (2) sets of "As -Built" drawings, consisting
of one (1) set of reproducible vellums and one (1) set of regular
blue line prints; and that the systems meet all of the standards
required by the County, including pressure and leakage tests and
chlorination and bacteriological tests for the water distribution
system. Upon receipt of certification from the engineer the
County will issue a letter acknowledging the construction of the
water system. No service is to be provided to customers until,
such time as the County issues a letter of acknowledgment. The
issuance of said letter shall not be unreasonably withheld. Copies
of Monthly Operating Reports required to be filed with the Florida
Department of Environmental Regulation shall be furnished to
County.
All of the facilities of the Corporation shall be constructed
in accordance with the plans and specifications approved by the
Department of Environmental Regulation of the State of Florida and
the quantity and quality of water delivered and sold 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 Regulation
of the State of Florida. The Corporation shall maintain
sufficient water pressure and mains of sufficient size with fire
hydrants and other facilities necessary in the water distribution
system to furnish fire protection at any and all areas within the
territory receiving service from the Corporation. Said fire flow
standards shall be a minimum of 550 gallons per minute for four
hours for residential units of two (2) or less floors and
1100 gallons per minute for four hours for any commercial building
and residential units of three (3) or more floors. The
Corporation shall also supply all water to consumers
through individual meters which shall accurately measure the
amount of water supplied. The Corp^,=tivn shall at any time,
when requested by a consumer, make a test of the
accuracy of any meter; prior, however, to any test being made by
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the Corporation, the sum of Ten Dollars ($10.00) 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
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inaccurate in its delivery. If the meter is inaccurate, it will
be repaired or changed and a billing adjustment will be made for
no more than the past six months' actual readings. Whenever it is
necessary to shut off or interrupt service for the purpose of
0 • 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 to its consumers for non -emergencies.
SECTION VIII
(a) The Corporation shall have the authority to promulgate
n such rules, regulations, terms and conditions covering the conduct
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of its business as shall be reasonably necessary to enable the
aCorporation to exercise its rights and perform its obligations
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Wunder this franchise and to furnish service to each and all of its
o0 consumers; provided, however, that such rules, regulations, terms
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and conditions shall not be in conflict with the provisions
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to hereof, applicable County ordinances or with the laws of the State
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i of Florida, and all of the same shall be subject to the approval
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of the Board.
(b) Additionally, the Corporation shall have the authority
to enter into Developers Agreements with the developers of real
estate projects and other consumers within the franchise
territory, which agreements may include, without limitation,
provisions relating to;
(1) advance payment of contributions in aid of
construction to finance system expansion and/or extension,
(2) revenue guarantees or other such arrangements as
will make the expansion/extension self supporting,
(3) capacity reservation fees,
(4) prorata allocations of plant expansion/main
extension charges between two or more developers.
Developer Agreements entered into by the Corporation shall be
fair, just and non-discriminatory. In the event the Corporation
and a Developer seeking service pursuant hereto cannot agree upon
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fees, contributions and charges requested by the Corporation
pursuant to the Developers Agreement, said Developer shall have
the right to apply to the Board for relief pursuant to Section
XVIII hereof. Copies of all Developer Agreements entered into by
the Corporation shall be filed with the Utilities Department.
(c) At all times herein where discretionary power is left
with the Board of County Commissioners, before discretionary
action is taken by the Board of County Commissioners, the
Corporation 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
and this Board of Arbitrators shall make recommendations to the
Board of County Commissioners, but such recommendations are not
mandatory. Any Arbitration shall be in accordance with the Florida
Arbitration Code.
Any final decision of the Board may have with respect to this
franchise can be appealed by the Corporation by Writ of Certiorari
to the Circuit Court of Indian River County.
(d) The Corporation shall be authorized to commence service
to a Developer upon certification by the County that all required
County inspections of the water connection within the property
owned by the Developer have been made and that all applicable fees
related thereto have been paid.
SECTION IX
All water pipes, pumps, mains, hydrants, valves, blowoffs and
other fixtures laid or placed by the Corporation for the water
system shall be so located in dedicated easements in the County
after approval by County Engineer so as not to obstruct or
interfere with other uses made of such public places already
installed. The Corporation shall, whenever 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 county -owned 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
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restoration in an approved condition for a period of. one (1) year.
The Corporation 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 that at any time the County shall lawfully elect to alter or
change the grade of or relocate or widen or otherwise change any
such county -owned right-of-way, the Corporation shall, upon
reasonable notice by the County, remove, relay and relocate its
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fixtures at the Corporation's expense. In the event any such
public place under or upon which the Corporation shall have
located its facilities shall be closed, abandoned, vacated or
discontinued, the Board may terminate such easement or license of
the Corporation thereto; provided, however, in the event of this
termination of easement, the party requesting such termination
e shall pay to the Corporation in advance, its cost of removal and
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relocation of the removed facilities in order to continue its
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Wservice as theretofore existing, or the County shall retain an
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Weasement not less than ten (10) feet in width for the benefit of
othe Corporation and its facilities.
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e SECTION X
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oThe Corporation shall provide service within the
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i franchise territory on a non-discriminatory basis as if it were
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regulated under Florida Statute Chapter 367 (1980), except to the
IIextent that said provisions are in conflict with the provisions of
this Franchise.
SECTION XI
(a) Subject to the provisions of Section XI(c), the
Corporation shall furnish, supply, install and make available
water service to any and all persons within the franchise
territory making demand therefor, within time limits as set forth
in Developer Agreements entered into between the Corporation and
its customers. In the event the Corporation fails to provide its
services and facilities as a water system to any area within the
franchise territory, then in such an event, the County may, by
resolution of the Board, limit, restrict and confine the territory
to that area then being serviced by water by the Corporation or
such greater area as the Board shall determine; and thereafter,
the territory shall be only the area setforth, defined and
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" provided by the Board, and the provisions of this franchise shall
not extend beyond the limits of the area so restricted and
defined.
(b) The Corporation shall not commit or allocate water
connections to properties within the franchise territory in excess
of the total water volume necessary in order to meet the
reasonable needs of the particular property to which service is
requested. Water connection commitments are not transferable by a
Developer, except appurtenant to a transfer of all or part of the
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real property owned by said Developer. In making the initial
determination as to whether the number of water connections
requested exceed the reasonable needs of the Developer, the
Corporation may rely upon certification by an engineer registered
in the State of Florida to the effect that the number of water
connections requested are designed to serve the needs of the
project undertaken by the Developer and are not in excess thereof.
o (c) The Corporation shall not be required to furnish,
LL supply, install and make available its public water to any person
awithin the territory as hereinbefore setforth unless unreserved
same may be done at
Wcapacity is available and the such a cost to
the Corporation as shall make the addition proposed financially
° feasible. Financially feasible shall mean that a fair and
o reasonable rate of return shall be realized by the Corporation for
Z 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 prospective
service to the area is not financially feasible shall be the
burden of the Corporation. Notwithstanding the foregoing, as a
condition to extending service within the franchise territory, the
Corporation may require Developer Agreements from Developers
pursuant to Section vIII(b).
SECTION XII
Except as otherwise provided, the Corporation or its
Shareholders shall not sell or transfer its plants or systems or
corporate stock to another nor transfer any rights under this
franchise to another without the approval of the Board. No such
sale or transfer after such approval shall be effective until the
II vendee, assignee or lessee has filed with the Board an instrument
IIin writing reciting the fact of such transfer and accepting the
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terms of this franchise and agreeing to perform all of the
conditions thereof. No Board approval shall be necessary where a
Stockholder and/or the Corporation transfers/ issues stock to a
property owner or successor property owner within the franchise
territory or another Stockholder in the Corporation; nor shall
Board approval be necessary if a stockholder pledges or encumbers
stock
or if stock is transferred involuntarily, provided, however,
that if a permitted transfer, as previously described results in
capital stock of the Corporation being issued to a person or
entity (other than a then existing stockholder in the Corporation)
and said transfer further results in a shift of majority
organizational control to said person or entity, Board approval of
said transfer or issuance shall be required in accordance with
o this Section. Otherwise, this franchise shall not be transferable
and/or assignable until notice or request for transfer and
a assignment shall be given by the Corporation to the Board in
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writing accompanied by a request from the proposed transferee,
o which application shall contain information concerning the
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financial status and other qualifications of the proposed
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o0 transferee and such other information as the Board may require. A
Z public hearing shall be held on such request, of which notice
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shall be given by publication in a newspaper regularly published
in the 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. The
Board shall act within 90 days following the request. The consent
by the Board to any assignment of this franchise shall not be
unreasonably withheld. Any sale or transfer by the Corporation or
Stockholders of the Corporation taking place contrary to the terms
and conditions of this paragraph shall be void and of no effect.
SECTION XIII
Corporation warrants adequate planned capacity to service
existing or anticipated customers and agrees not to provide water
service unless adequate capacity is available at the time any new
II connection is made.
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SECTION XIV
The rates charged by the Corporation for its service
hereunder shall at all times be compensatory and shall be fair and
reasonable and designed to meet all necessary cost of the service
(including reserves for repair and replacement) plus, a fair rate
of return on the fair valuation of all of its properties devoted
thereto under efficient and economical management. The
Corporation agrees that the County has the authority to enter into
this Franchise Agreement and the regulation of said Corporation.
Corporation agrees that it shall be subject to all authority now
or hereafter possessed by the County or any other regulatory body
having competent jurisdiction to fix just, reasonable and
compensatory rates. When this franchise takes effect, the
Corporation shall have authority to charge and collect, but not to
exceed, the schedule of rates set forth below, which shall remain
effective until changed or modified as herein provided. The
County shall grant rates to the Corporation which are just,
reasonable and compensatory, which allow the utility a rate of
return on the fair value of its property, systems and additions
thereto. In setting said rates, County shall be guided by the
standards set forth in Florida Statute 367.081 relating to the
establishment of rates and charges. Rates and charges may be
amended, upon proper justification, by Corporation pursuant to
other provisions of this Resolution. The Corporation shall have
the right to include the value of the water system for
establishing utility rates. The rates to be charged can reflect a
reasonable rate of return on a rate base that is inclusive of
these items. The following rates are approved and effective
until changed or modified as herein provided, to wit:
I. Monthly Water Service Charges
Fixed Charge
Meter Size Charge
5/8" $ 14.45
1" 36.12
1 z" 72.23
2" 115.56
3" 231.12
4" 361.13
6" 722.25
Consumption Charge
$2.25 per 1,000 Gallons
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II. Connection Charge
Meter Size Charge
5/811 $ 1,100.00
l„ 2,750.00
lk„ 5,500.00
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8,800.00
311
17,600.00
411
27,500.00
6„ 55,000.00
In determining meter size, the Corporation shall not perinit
sizing to be in excess of that reasonably required according to
recognized engineering standards. In making said determination,
however, the Corporation may rely upon certification from a
registered engineer representing the Developer.
The basis for the above charges as set forth herein has been
structured with regard to two major but variable factors; first,
the present level of construction cost of water transmission, and
o water treatment plant facilities; second, the theory of treatment
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facilities and their degree of treatment sophistication as
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Wand the Department of Environmental Regulation or other body
o having jurisdiction over the matter. Without Board approval the
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" connection charges set forth herein shall be escalated based upon
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0 increases in utility construction costs as evidenced by the
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quarterly Construction Index published in Engineering News Record
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Magazine, "Construction Cost Index, Twenty Cities." Said
connection charges shall be adjusted semi-annually, with a first
such adjustment occurring not earlier than January 11 1983. Any
escalation shall not exceed the percentage difference between said
Construction Cost Index for the base period ending September 30,
1981, as compared with the period of comparison.
In order to defray the cost of regulation, use of public
Right of Ways, etc., the Corporation hereby agrees to pay to the
County a franchise fee in the amount of 3% of the Corporation's
gross revenues collected from monthly service charges. The
Corporation shall pay the 3% franchise fee quarterly. Said fee
shall be shown as a separate additional charge on utility bills.
The Corporation shall, at the end of each fiscal year of
II Corporation, submit unaudited financial statements prepared by a
CPA and a certification by said CPA that based upon the financial
records of the Corporation reviewed by said CPA the 3% Franchise
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Fee has been properly determined, collected and remitted to
County, and further that the 2' % Repair and Replacement Fund has
been properly funded and expensed in accordance with Section XVI
of this Resolution.
SECTION XV
The County shall have the right to purchase the Corporation's
water system (excluding internal distribution lines located within
properties being served and appurtenant facilities related
thereto) pursuant to the following provisions:
(1) The County may exercise its right to purchase by giving
written notice by certified mail to Corporation not sooner than
180 days nor later than 60 days prior to the seventh and tenth
anniversaries of the effective date of this franchise.
(2) The purchase price to be paid by the County shall be an
o amount equal to the original cost and costs associated with
capital additions and expansions less the following:
W (a) depreciation at 3�% annually applied against the
W total costs of plant and system, capital additions and expansions
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funded by the Corporation, excluding costs funded by contributions
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m in aid of construction received from Developers requesting service
g to properties other than those properties described on Exhibit A.
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i The depreciation deduction shall not exceed 24.5% of said costs.
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(b) an amount equal to the total connection fees or
other forms of contributions in aid of construction collected and
received by the Corporation from Developers (excluding connection
fees or other forms of contributions in aid of construction
collected with respect to units and facilities located on those
properties described in Exhibit A, attached hereto).
(c) an amount equal to the "Reserve Capacity Fees"
charged by the County pursuant to County Ordinance 80-22
(presently, $285.00 per ERC) as escalated from time to time
pursuant to said ordinance, which, had the County installed the
plant and system, would have been charged upon issuance of
Certificates of Occupancy on units and facilities located on those
properties described on Exhibit A.
(3) It is acknowledged that the plant site and road access
thereto, (as shown on location map submitted with franchise
application) will be utilized by Corporation under License
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Agreement with the owners thereof, the form for said License
Agreement being attached hereto as Exhibit B. In the event the
County exercises its option to purchase the system, the County may
also elect to purchase the real property as described in said
License Agreement pursuant to the provisions thereof. If County
elects not to purchase said real property, Corporation shall,
without additional consideration, assign its license to County and
County shall assume all obligations thereunder.
(4) At the time Corporation transfers the described assets
to County, Corporation shall also, without additional cost to
County:
(a) transfer and assign all of its right, title and
interest in and to collection transmission and distribution lines
and any private easements and well site licenses associated with
o and necessary to the operation of the system, and County shall own
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LL all lines to the point of delivery of service.
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(b) Deliver and transfer all existing engineering and
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survey documents, plans, etc.
data, plans or other such
as the
oCounty may reasonably request.
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m (5) All instruments of conveyance, transfer or assignment
shall be in usual and customary form with warranties of title and
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z warranties against encumbrances.
(6) At the time of transfer, the plant shall be in good
operating order and free of any material violations of any local,
State or Federal regulations. The Corporation makes no other
warranties, expressed or implied as to the condition of the plant
and facilities associated with the system.
(7) Upon acquisition of the assets described, the County
shall own, maintain, and provide water service as provided for in
this Franchise and the County shall assume Corporation's
obligations under then existing Developer Agreements and related
contractual obligations and Corporation shall be released from all
further obligations thereunder.
Two and one-half percent (23W of the gross receipts of the
C'cirnn_rat_inn aer v7,d and collected from monthly .crv—, c charges
shall be placed in an interest bearing Repair and Replacement
account for purposes of maintenance of the capital assets of the
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Corporation. The Corporation shall initially fund said account
with a sum of Five Thousand ($5,000.00) Dollars. The Repair and
Replacement account shall be maintained and managed by the
Corporation in accordance with the following provisions:
(a) Said fund shall be used as a sinking fund and
applied only for repairs and/or replacement of the capital assets
of the water system by the Corporation as the need arises.
(b) County shall have the right to make necessary
repairs using said funds in the event of a default on the part of
the Corporation in maintaining the quality standards established
herein.
(c) Interest accruals in said account shall be payable
annually to the Corporation.
(d) Said account shall be opened and maintained in the
n name of the Corporation and Corporation shall furnish County with
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u quarterly reports reflecting additions to and the disbursements
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Wfrom said account.
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W (e) County shall inspect the plant and system
semi-annually to insure the Corporation is maintaining the plant
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a and system in accordance with the quality standards established
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00 herein.
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W (f) The Corporation may make such additional.
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contributions to said fund as the Corporation, in its discretion,
may deem necessary in order to adequately fund the Reserve and
Replacement Account. If, upon application by the Corporation, the
Corporation makes a showing that the amount in said account is in
excess of that reasonably required to meet anticipated repair and
replacement requirements, the County may permit a disbursement of
said excess to the Corporation and/or may reduce the percentage of
gross revenues required to be allocated to said account on either
a permanent or temporary basis. If it should appear during the
term of this Franchise that the amount in said account is
inadequate to meet the reasonably anticipated repair and
replacement requirements, County, upon proper notice and hearing
pursuant to Section XXI of this Ordinance, may require an increase
in the percentage of gross revenues required to be allocated to
IIsaid account. The burden of proving inadequacy of the account
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shall be on the County.
(g) In the event the County exercises its rights to
purchase hereunder., the amount remaining in said fund shall be
transferred and paid to County upon transfer of the plant and
system.
SECTION XVII
The Corporation shall at all times maintain public liabili�y
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.
SECTION XVIII
o If any written complaint is filed with the Board by any
B
LL persons serviced by the Corporation under this franchise, the
i
WBoard shall first determine whether reasonable cause exists with
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Wrespect to said complaint. If the Board finds that reasonable
o cause does exist, the Board shall so notify the Corporation and
I
" request the Corporation to satisfy or remedy such complaint. If
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o the Corporation fails, within a reasonable time, to satisfy or
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z remedy such complaint or objection the Board may review same
0
according to the provisions hereof. 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 Boards
action by petition for Writ of Certiorari filed in the Circuit
Court of the County; otherwise, the Corporation shall promptly
comply with the order of the Board.
SECTION XIX
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
16
notice shall be filed with the Board. Said hearing may thereafter
be continued for a reasonable time as determined by the Board. If
the Board enters an order pursuant to such hearing and the
Corporation feels aggrieved by such order the Corporation may seek
review of the Boards action by filing a petition for Writ of
Certiorari in the Circuit Court of the County. The Board shall act
on the rate request within ninety (90) days.
SECTION XX
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 any required permits from the
County 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
a
° circumstances exist to determine the time during which such
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` construction shall be done.
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SECTION XXI
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If the Corporation fails or refuses to timely and faithfully
keep, perform and abide by each and all of the terms and
m
W conditions of this franchise, then the Board shall. give the
° Corporation written notice of such deficiencies or defaults and a
Vi
o reasonable time within which the Corporation shall remedy the
same, which notice shall specify the deficiency or default. If
the Corporation fails to remedy such deficiency or default within
a reasonable time, 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 levy liquidated damages of
Fifty ($50.00) Dollars per day that said deficiency or default
exists from the date of said hearing held by the Board; and the
Board may further limit or restrict this franchise or franchise
territory 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 feels
aggrieved by any such order, the Corporation may seek review of
the Board's action by filing a petition for Writ of Certiorari in
the Circuit Court of the County.
17
Nothing in this franchise shall prevent landowners from
exercising their vested rights or privileges as setfor.th and
contained in any license issued to any utility heretofore granted
by the Board pursuant to Section 125.43, Florida Statutes.
SECTION XXIII
It is specifically agreed by and between the parties hereto
that this franchise shall be considered a franchise agreement by
and between Corporation and County and as such a contractual
instrument recognized under the Statutes and Laws of the State of
Florida. This Franchise Agreement is not intended to create
rights or actions running in favor of third parties, except as
herein specifically provided.
SECTION XXIV
provisions herein to the contrary notwithstanding, the
Corporation shall not be liable for the non-performance or delay
in performance of any of its obligations undertaken pursuant to
the terms of this franchise where said failure or delay is due to
causes beyond the Corporation's control including, without
limitation, causes such as, "Acts of God", unavoidable casualties,
labor disputes, etc.
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
July , 1982.
Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA
in the presence of•:,
By
CY�ai n
Board of County Commissioners
Attest: %
Approved as to form Clerk
and legal�lffiG!Pn
B
G 3randenbur J
18
ACCEPTANCE OF FRANCHISE
NORTH BEACH WATER COMPANY, 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.
DATED at—Vero Beach, Indian River County, Florida, this
day of a 1982•
WITNESS: v NORTH BEACH W TER COMPANY
By 4�'s a
P ident
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o STATE OF FLORIDA
4 COUNTY OF INDIAN RIVER
I
W I HEREBY CERTIFY that on this day, before me, an officer duly
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W authorized in the State and County��ff esaid/ /t� take
o acknowledgments, personally appeared.` G /``�
IVI
a as President of NORTH BEACH WATER COMPANY, a Florida corporation,
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o and he acknowledged before me that he executed the foregoing
4
W instrument for the uses and purposes therein expressed.
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WITNESS my handand official, eal �in the State and County
aforesaid this y
2`//da of L , 1982.
II
of ry Pic, State of Florida at Large
My Commission expires:
rmban r.
Nnt:ry Publc_, Strata et Largo'
M? C� uniscion [;q,:�_; 1G5. 13, 19 ;Zi
19
ROBERT A. CAIRNS, TRUSTEE
The North 600.00 feet of the South 1100.00 feet of Government
Lot 3, Section 25, Township 31 South, Range 39 East (measured
along the East right-of-way line of State Road AlA), lying
East of State Road AlA, Indian River County, Flbrida.
Commencing at the point of intersection of the north line of
Government Lot 3, Section 25, Township 31 South, Range 39 East,
Indian River County, Florida and the west right-of-way line of
State Road AlA as it exists on the 10th day of March, 1981.
From said point run S 24 degrees 54 minutes, 33 seconds E along
the west right-of-way line of State -Road AlA a distance of 520.00
feet to the Point of Beginning. From the Point of Beginning, con-
tinue S 24 degrees 54 minutes 33 seconds E along the west right-
of-way line to State Road AlA a distance of 438.80 feet; thence
run N 69 degrees 54 minutes 33 seconds W a distance of 620.56
feet; thence run N 65 degrees 05 minutes 27 seconds E a distance c
438.80 feet to the Point of Beginning. Containing 2.21 acres all
lying within Government Lot 3, Section 25, Township 31 South,
Range 39 East, Indian River County, Florida. Said 2.21 acres to
be subject to Grant of Easement to Florida Land Company - Grantee,
dated 4 June, 1981.
SENTINEL COMMUNITIES, INC.
a Florida Corporation and VERO BEACH ASSOCIATES,
LTD. a Florida Limited Partnership, d/b/a FLORIDA
COMMUNITIES LAND DEVELOPMENT CO.
All of Government Lots 1 and 2 of Section 25, Township 31 South,
Range 39 East together with all of Government Lots 8 and 9 and
the south 411.84' of Government Lots 5 and 6 of Section 26, Town-
ship 31 South, Range 39 East. Said land lying and being in Indian
River County, Florida.
FLORIDA LAND COMPANY, a
Florida Corporation
All of Government Lot 7, Government Lots 5 and 6 (less the south
411.84' thereof)and less that portion of Government Lot 5 describe
as follows:
Commencing at the Southwest corner of Government Lot 3,
run West along the North line of Government Lot 5 a
distance of 505.96 feet to the point of beginning,
thence continue West along said line a distance 812
feet to the Northwest corner of said Government Lot 5,
thence run South along the West line of said Government
Lot 5 a distance of 21 feet, more or less, to the mean
high water line of the Indian River, thence meander the
said mean high water line in a Southeasterly direction
to a point due South of the point of beginning; thence
run North 125 feet, more or less, to the point of
beginning, on the North line of said Government Lot 5.
ALL in Section 26, Township 31 South, Range 39 East, Indian River
County, Florida.
EXHIBIT "A"
BAYTREE INVESTMENTS, LTD.
a Florida Limited Partnership
All of Government Lot 1, Section 36, Township 31 South, Range 39
East, Indian River County, Florida less the following portions
thereof:
(a) The North 145.2' lying East of State Road AlA.
(b) The South 70' lying East of State Road A]A.
GORDON NUTT
Government Lot 2 of Section 26, Township 31 South, Range 39 East,
Subject to right-of-way for State Road 510 over North 40 feet of
said Lot 2 and subject to existing right-of-way 100 feet wide for
State Road A -1-A.
Government Lot 1, Section 26, Township 31 South, Range 39 East,
according to the official plat of the survey of said lands
returned to the General Land Office by the Surveyor General,
together with all riparian rights and all tenements and
hereditaments thereunto belonging or in anywise appertaining;
EXCEPTING, the North 25 feet thereof together with riparian
rights, quit -claimed June 27, 1927, to Wabasso Bridge
Commissioners of Indian River County, Florida, for highway
purpose; ALSO EXCEPTING a parcel described as beginning at a point
which is 316.9 feet East of the Northwest corner of said
Government Lot 1, and 25 feet South of the North line of said Lot
1, thence East parallel to the North line of Lot 1, 183.5 feet to
the high water line of the Atlantic Ocean; thence Southerly along
said high water line about 115.4 feet, thence Westerly parallel to
the North line of Lot 1, a distance of about 231.35 feet; thence
North 105 feet to the point of beginning; containing one-half
acre; together with riparian rights appendant or appurtenant
thereto, conveyed to the Commissioners of Wabasso Bridge District
on November 3, 1927, for public purposes. ALSO EXCEPTING a strip
of land 100 feet wide situate over, through and across said
Government Lot 1, Section 26, Township 31 South, Range 39 East,
conveyed to the State of Florida for the use and benefit of the
State Road Department of Florida on March 17, 1958, by Special
Warranty Deed recorded in official Records Book 35, Page 393,
etc., Indian River County Records.
F.YMTRTT "A"
LICENSE AGREEMENT
'1111S LICENSE AGREEMENT entered into this day of
, 1982, by and between NORTH BEACH WATER
COMPANY, a Florida corporation (hereinafter referred to as
"Licensee"), and SENTINEL COMMUNITIES, INC., a Florida
corporation and VERO BEACH ASSOCIATES, LTD., a Florida limited
partnership, d/b/a FLORIDA COMMUNITIES LAND DEVELOPMENT CO., and
FLORIDA LAND COMPANY, a Florida corporation (hereinafter referred
to as "Licensor").
WHEREAS, Licensee is a Florida corporation organized for the
purpose of developing a reverse osmosis water system in Indian
River County servicing a franchise territory as is more
specifically described in Indian River County Resolution No.
82-59 ; and
"
WHEREAS, Licensor is the owner of fee siwiple title in and to
that certain real property described on Exhibit A attached hereto
U which property will comprise the reverse osmosis water plant site
m
Wand access road --way to same; and
6 WHEREAS, Licensor has agreed to grant a license to Licensee
0
i
granting Licensee the right to use the real property of Licensor
a
0 pursuant to the terms and provisions set forth below.
0
U IT IS THEREFORE AGREED AS FOLLOWS:
Z
0
1. For and in consideration of the sum of TEN DOLLARS
($10.00) and other valuable considerations, Licensor grants to
Licensee an exclusive license to possess, occupy and use the
property described on Exhibit A attached hereto for the purpose
of installing and constructing thereon a reverse osmosis water
treatment plant and associated facilities and for the further
purpose of providing access thereto.
2. Said license shall commence with the execution of this
License Agreement and shall terminate at such time as said
property is no longer utilized for the purpose of maintaining and
operating a reverse osmosis water treatment system and associated
facilities thereon.
3. There shall be paid to the Licensor, an annual license
fee which fee shall be equal to fifteen percent (15%) of the
market value of the property as determined by MAI appraisal, said
1
40
of
MAI appraiser to be mutually selected by Licensor and Licensee.
The cost of the initial appraisal and all subsequent appraisals
shall be paid by the Licensee. The appraiser will arrive at the
market value of the property based upon its value as undeveloped
residential property. The appraiser shall assume, for these
purposes, that zoning would permit six (6) residential units per
acre, that wager and sewer utilities and road access are
available and that the property is otherwise suitable and useable
for residential development in a manner consistent with
development on adjoining properties. The initial appraisal shall
take place as soon as practicable after the execution of this
License Agreement and license fees shall be payable on the
anniversary date of this License Agreement. The license fee
shall be adjusted every five (5) years (commencing on the fifth
anniversary of this Agreement) based upon a reappraisal of the
property conducted by a MAI appraiser mutually selected by
Licensor and Licensee.
4. The parties acknowledge that pursuant to Indian River
County Resolution No. 82-59 (the franchise), should Indian
River County elect to purchase the plant and system pursuant to
the terms of the Franchise, Indian River County shall also have
the right to purchase the real property which is the subject
i
matter of this License Agreement pursuant to the following
provisions:
(a) The purchase price shall be an amount equal to the
appraised market value as determined by the last MAI reappraisal
prepared prior to the exercise of the County's right to purchase.
(b) Upon payment of the purchase price, Licensor will
convey the property by Warranty Deed, which Deed will contain a
right of reverter on the part of the Licensor as follows:
"The above described property shall be used for
water utility purposes only and road access
thereto and in the event the property is used for
any other purpose, without the prior written and
recordable consent from the Grantor, legal and
equitable title shall revert to the Grantor."
2
ab
•
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a
5. Licensee may assign this Agreement to Indian River
County (or a taxing unit thereof) without the consent of the
Licensor. Licensee's rights hereunder are otherwise assignable
only with the prior written consent of the Licensor, which
consent will not be unreasonably withheld.
6. With respect to the rights of purchase referred to in
this Agreement, Indian River County shall be construed as a
third -party beneficiary of this License Agreement.
Witnesses: NORTH BEACH WATER. COMPANY
By
SENTINEL COMMUNITIES, INC.
By
VERO BEACH ASSOCIATES, LTD.
By
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
of NORTH BEACH WATER COMPANY, a Florida corporation, and he
acknowledged before me that he executed the foregoing instrument
for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County
aforesaid this day of , 1982.
Notary Public, State of Florida at Large
(NOTARY SEAL)
My Commission expires:
3
STATE OF FLORIDA
® COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer
40 duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared
of SENTINEL COMMUNITIES, INC., a Florida corporation, and he
acknowledged before me that he executed the foregoing instrument
for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County
aforesaid this day of , 1982.
of
Not Public, State of Florida at Large
(NOTARY SEAL)
My Commission expires:
IISTATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer
n
i duly authorized in the State and County aforesaid to take
LL acknowledgments, personally appeared
i of VERO BEACH ASSOCIATES, LTD., a Florida limited partnership,
W and he acknowledged before me that he executed the foregoing
M instrument for the uses and purposes therein expressed.
0
WITNESS my hand and official seal in the State and County
V) aforesaid this day of 1982.
0
F
m
a
w
F
0
0
' Notary Public, State of Florida at Large
W
(NOTARY SEAL)
o My Commission expires:
4