HomeMy WebLinkAbout1982-060•
RESOLUTION NO. 82-60
BE IT RESOLVED by the Board of County Commissioners
® q of Indian River County, Florida:
SECTION I
This Resolution shall be known and may be cited as
the "River Bend Utility Company Sewerage System 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,"
or "Utilities Director."
(c) "Corporation" is the Grantee of rights under
this franchise, to wit: River Bend Utility Company, a
Florida Corporation.
(d) "Board" is the Board of County Commissioners
of the County.
(e) "Person" is any person, firm, partnership, associ-
ation, corporation, company or organization of any kind.
(f) "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.
(g) "Sewerage System" shall mean and include any
plant, system, facility or property used or useful or having
the present capacity for the future use in connection with
the collection, treatment, purification or disposal of
sewage effluent and residue for the public and without
limiting the generality of the foregoing definition shall
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embrace treatment plants, pumping stations, intercepting
sewers, pressure lines, mains, laterals and 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.
(h) "Service" means supplying to a user the collection
of sewage and the treatment of same.
(i) "Hookup and/or Connection" is the connecting
of potential user's property to the sewerage system in
order to utilize the Corporation's services.
SECTION III
There is hereby granted by the County to the Corporation
t, a non-exclusive franchise, right and privilege to erect,
construct, operate and maintain a sewerage system within
the described territory as herein provided and for these
purposes to charge for collection and disposal of sewage
within the territory, and for these purposes to establish
the necessary facilities and equipment and to lay and main-
tain the necessary lines, pipes, mains and other appurten-
ances necessary therefor in, along under and across the
public alleys, streets, roads, highway and other public
places of the County; provided, however, that the County
reserves the 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 River Bend utility 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 to such regulation as the County shall here-
after by resolution provide.
The Corporation shall supply the County with copies
of its Department of Environmental Regulation monthly operat-
ing reports and trouble reports, if any.
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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
1� power and lawful authority vested in said County, provided
that such regulations shall be reasonable and not conflict
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j with the rights herein granted and not in conflict with
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the laws of the State of Florida. The County shall have
the right, but not the duty, to supervise all construction
or installation work performed.
SECTION IV
The territory in which this franchise shall be appli-
cable is all that part of Indian River County, Florida,
located within the following described boundary lines,
to wit:
All of Government lot 5 less the West two acres and
the South 411.84 feet; all of Government Lot 6 less
the South 411.84 feet; and all of Government Lot 7
less the 100 -foot State Road A -1-A right-of-way; all
located in Section 26, Township 31 South, Range 39
East in Indian River County, Florida. Subject to
all easements of record.
SECTION V
It is expressly understood and agreed by and between
the River Bend Utility Company 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 intentional wanton, willful
and reckless acts on the part of the River Bend Utility
Company in the construction, operation or maintenance of
the sewerage system under the terms of this franchise.
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
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person against the Corporation. The County shall notify
the Corporation promptly after presentation of any claim
or demand.
® SECTION VI
The Corporation shall maintain and operate its sewage
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 "Construction Specifications for Water
Distribution and Sewage Collection Facilities" promulgated
by Indian River County Utilities Department, July, 1980,
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or as amended. The County shall require the Corporation
to comply with the above standards. Prior to the issuance
of a construction permit, the Corporation's project engineer
shall certify to the County that the design standards as
set forth in said "Construction Specifications" of the
Indian River County Utilities Department, July, 1980, or
as amended, will be met by completion of the project as
shown on the plans submitted. 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 plant and system, a permit shall be issued to the
River Bend Utility Company for the construction thereof.
Upon the completion of all construction of the sewage
treatment plant and collection system, the project engineer
for the Corporation shall certify, under seal, that the
systems have been constructed substantially in accordance
with the plans and specifications previously approved and
that the systems meet all of the standards required by
the County. The Corporation shall also submit to the County
two sets of "as -built" drawings, consisting of one set
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in reproducable vellum and one set of regular blueprints.
® Upon receipt of certification from the engineer the County
will issue a letter acknowledging the construction of the
® sewerage system. No service is to be provided to customers
until such time as the County issues a letter of acknowledge-
ment. The issuance of said letter shall not be unreasonably
withheld. Corporation shall grant necessary easements
• to County without charge to connect the sewerage system
to County's Master Sewerage System and such easements as
are necessary to provide access to the sewer system. The
Corporation shall pay a $1,000.00 franchise application
fee at the time of the submission of the franchise resolu-
tion.
The corporation shall design all facilities within
the Franchise Area to conform to the India!! River County
Master Plan for utilities, when applicable.
SECTION VII
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
collection and disposal of sewage shall at all times be
and remain not inferior to the quality standards for public
sewage collection and other rules, regulations and standards
now or hereafter adopted by the Department of Environmental
Regulation of the State of Florida, or other governmental
body having jurisdiction.
Whenever 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
to its consumers for non -emergencies.
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SECTION VIII
(a) The Corporation shall have the authority to promul-
gate 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 uninter-
rupted 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 subject to the approval of the Board.
(b) if in the judgment of the Board of County Commis-
sioners, any of the provisions of (a) above are unreasonable,
the Corporation, before discretionary action is taken by
the Board u£ 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
and this Board of Arbitrators shall make recommendations
to the Board of County Commissioners, but such recommenda-
tions 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.
SECTION IX
All sewer mains and manholes and other fixtures laid
or placed by the Corporation for the sewerage system shall
be so located in the 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 practic-
able, 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-
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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
restoration in an approved condition for a period of one
(1) year. In the event that any time the County shall
lawfully elect to alter or change the grade or to relocate
or widen or otherwise change any such County --owned sight -
of -way, the Corporation shall, upon reasonable notice by
the County, remove, relay, and relocate its fixtures at
the Corporations's expense in the ordinary course of busi-
ness. The Corporation shall not locate any of its facilities
or do any construction which would create any obstructions
or conditions which are or may become dangerous to the
traveling public. In the event any such public place under
or upon which the Corporation shall have located its facili-
ties 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 shall pay to the Corporation, in advance, its
cost 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
or subject any person to any prejudice or disadvantage.
SECTION XI
(a) The Corporation shall furnish, supply, install
and make available to any and all persons within the terri-
tory making demand therefor, its public sewerage system,
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and shall provide such demanding person with its services
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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 sewer system to any area within the territory within
the time specified by the Board, then in such event the
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County may, by resolution of the Board, limit, restrict
and confine the territory to that area then being serviced
by sewerage by the Corporation or such greater area as
the Board shall determine; and thereafter, the territory
shall be only the area set forth, in the resolution adopted
by the Board.
(b) The Corporation shall not be required to furnish,
supply, install and make available its public sewerage
system to any person within the franchise area 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 shall
be realized by the Corporation for all its services under
tris franchise; that such rate of return on the net valuation
of its property devoted thereto under efficient and economi-
cal 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 plants or systems or corporate stock to
another or 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 vendee, assignee or lessee has filed with the Board
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,
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this franchise shall not be transferable and assignable
until notice or request for transfer and assignment shall
be given by the Corporation to the Board in writing accom-
panied by a request from the proposed transferee, which
application shall contain information concerning the finan-
cial status and other qualifications of the proposed trans-
feree and such other information as the 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 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 ninety
(90) days upon such 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 Share-
holders 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 termina-
tion.
SECTION XIII
Corporation warrants adequate capacity to service
existing or anticipated customers and agrees not to provide
sewerage 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 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
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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 following schedule of rates, as contained in Exhibit
A attached hereto, which shall remain effective until changed
or modified as herein provided. Exhibit A hereby establishes
a base facility rate structure whereby each customer shall
pay his pre, rata share of the fixed costs of the operation
of the utility system keyed to the size of the meter serving
his individual property. Additionally, the customer shall
pay his pro rata share of the cost of the commodity of
service rendered, for sewerage collected, treated, and
disposed. In any event, the utility shall always be respon-
sible for justifying its proposed rates and charges by
the submission of accounting and engineering data to the
Utilities Director. The County shall grant rates to the
company which are just and reasonable which allow the utility
a rate of return on the fair value of its property and
systems and additions thereto. Rates and charges may be
amended, upon proper justification, by Corporation after
approval by the Board of County Commissioners at an appro-
priate public hearing: Other provisions of this Resolution
deal with the mechanisms of the setting of rates and charges.
The Corporation shall have the right to include the value
of its property dedicated to providing utility service
in the establishment of utility rates. The rates to be
charged can reflect a reasonable rate of return on a rate
base that is inclusive of these items.
CONNECTION CHARGE/Capacity Demand Fee
Connection charge is $3,100.00 per ERC for sewer service.
For the purposes of this rate schedule, one Equivalent
Residential Connection is equal. to 350 gallons per day
of water consumption or wastewater to be treated. One
condominium unit is equal to 250/350 of an ERC or .7143
of an ERC.
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The basis for the connection charges and main extension
charges as set forth herein has been structured by River
Bend Utility Company with regard to two major but variable
factors; first, the present level of construction costs, of
sewerage collection, transmission and treatment facilities
and their degree of treatment sophistication as prescribed
by the Department of Environmental Regulation or body having
jurisdiction over the matter. The County agrees that the
schedule of connection charges set forth herein may be
escalated based upon increases in utility construction
costs as evidenced by the quarterly construction index
published in Engineering New Record Magazine, "Construction
Cost Index, 20 Cities." River Bend Utility Co. shall adjust
the connection charges set forth herein semi-annually,
with the first such adjustment to be not earlier than January
1, 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.
The Corporation hereby agrees to pay to the County
a franchise fee in the amount of 3% of the Corporation's
annual gross receipts, derived from monthly service charges
to defray the cost of regulation and for use of County
rights-of-way and public places. The Corporation shall
pay the 3% franchise fee quarterly.
The Corporation shall supply the County with a copy
of the Corporation's Annual Report and financial statements.
Also, a letter from a CPA certifying that the 3 percent
franchise fee and the 2 1/2 percent renewal and replacement
account has been collected and disbursed in accordance
with the terms of this agreement.
SECTION XV
Escrow Charges
The River Bend Utility Company agrees to pay a fee
in the amount of the currently imposed contribution in
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aid of construction for each unit in effect at the time
of the issuance of a certificate of occupancy, as a contri-
bution in aid of construction charge (for future connection
to County sewage collection mains) as provided for in ordin-
ance 80-21, Section 3, Part B. The River Bend Utility
Company further agrees to pay the sum of $285.60 per ERC
for sewer plant capacity charge, as each unit is completed
as the future plant capacity charges as provided for in
Ordinance 80-22, Section 1 or according to the Ordinances
in effect at the time of the issuance of a certificate
of occupancy.
The funds in the said escrow account shall be kept
according to County's standard policies concerning the
same with an annual accounting provided to company subject
to the terms and conditions of this franchise contract.
Throughout the term of this franchise, the Corporation
shall be entitled to any and all interest which shall be
paid annually on or before September 30th of each year
to the Corporation. The Corporation shall be entitled
to an accounting of said interest bearing account at any
time upon request made by it to the County.
(A) Should the County at any time within the ensuing
seven (7) years acquire a sewage collection system and
furnish sewer services to individual customers within the
franchise territory, all sums of money remaining in said
account shall become the absolute property of the County
and the Corporation shall have no rights thereto. In such
event, the Corporation shall be absolved from the obligation
of payment of further connection charges to the County.
In the event the above condition is not met by the County
within seven (7) years from the date of this franchise
agreement, the County shall have the following options:
(1) Extend the franchise with all escrowed monies
paid to the Corporation and further escrows discontinued.
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(2) The County shall have the right to purchase
the Corporations's sewer plant at Corporation's original
construction costs plus costs associated with capital addi-
tions and expansions to the system less 3 1/2 percent depreci-
ation per year or, in the alternative, Corporation's original
construction costs plus costs associated with capital addi-
tions and expansions less Corporation's actual depreciation
of said plant during the seven (7) year period, at the
County's option. In conjunction with the sewer plants'
purchase, County shall purchase necessary land areas upon
which the plant is located at the then market value of
the real estate. Upon acquisition of the sewer plant and
appurtenant real estate, County would then own the entire
sewer system and would terminate this franchise and provide
sewer utility service to the franchise territory. All
accumulated escrow fees would vest in County.
As regards the purchase of the necessary land areas
upon which the plant is located, County shall first tender
its offer to the Corporation. In the event the Corporation
finds the offer inadequate, County and Corporation shall
each select an appraiser to advise the respective parties
as to the value of said land areas. In the event, after
appraisal, County and Corporation are still unable to agree,
said appraisors shall select a third appraiser to arbitrate
the matter. The matter shall then be resolved in accordance
with the Florida Arbitration Code. The decision reached
in the arbitration process shall. be final and binding on
the respective parties.
The Corporation agrees to grant to County any easements
necessary to connect the franchise's sewerage system to
the County's sewerage system without charge.
(3) In the event that the above condition (2)
is not exercised by the County within seven (7) years from
the date of this franchise agreement, any sums of money
remaining in the escrow account shall become the absolute
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property of the Corporation and County shall allow the
Corporation to continue operations in accordance with this
franchise agreement.
(4) The County shall have the following option
to purchase the utility system after the end of the said
7 -year period, the County shall purchase according to the
same formula in this sub -paragraph (2) above except that
the County shall be entitled to a credit against the net
purchase price payable by the County to the Corporation
for the utility in the amount of the total escrow charges
that would have been available to the County, pursuant
to the provisions of Subparagraph (2) stated directly above,
plus an additional credit for any fees which would have
accrued pursuant to said section should the 7 -year period
referenced therein not have lapsed. The Corporation agrees
to grant to County any easements necessary to connect the
franchise's sewerage system to the County's sewerage system
without charge.
(5) In the event of an acquisition by the County,
or the utilization of County's own plants, the County shall
receive the sewage collection system free of cost and in
good repair, wear and tear accepted.
B. Two and one-half percent (2-1/28) of the gross
receipts of the utility shall be placed in an interest
bearing renewal and replacement account for purposes of
renewal and/or maintenance of the capital assets of the
utility Corporation. Additionally, the Corporation shall
seed said account with five thousand dollars ($5,000.00)
which will also be reserved for capital maintenance items.
Said funds shall be used as a sinking fund and applied
only for repairs and/or replacement of the sewerage system
by the Corporation as the need arises; the amount of the
renewal and replacement account may be revisited on an
annual basis in order to maintain a satisfactory account
balance, subject to the mutual consent of the parties
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hereto. County is granted the right to make necessary
repairs using said funds in the event of default on the
part of Corporation in maintaining the quality standards
established herein. In the event County exercises its
rights under (2) or (4) above, said fund shall vest in
County. In the event that the County purchases the corpora-
tion's utility system pursuant to the provisions of this
franchise as stated above, then any funds in said renewal
and replacement account shall vest in the County.
SECTION XVI
The Corporation shall at all times maintain public
liability and property damage insurance in such amounts
as set forth in Exhibit B attached hereto and incorporated
herein by reference. The Corporation shall cause County
to be duly notified by the Insuror in the event of any
modifications or deletions of the insurance as set forth
in said Exhibit B. Said amounts shall be adjusted by the
Corporation, 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 under this franchise complains to the Board
concerning the rates, charges and/or operations of such
utility and the Corporation, after request is made upon
it by the Board, fails to satisfy or remedy such complaint
or objections as 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 same
according to the provisions herein. 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.
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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. The Board shall act on the
rate request within ninty (90) days.
SECTION XVIII
Prior to the Corporation placing any of its facilities
in any of the public places as herein authorized, the Corpor-
ation 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.
SECTION XIX
If the Corporation fails or refuses to promptly faith-
fully keep, perform and abide by the terms and conditions
of this franchise, then the Board shall give the Corporation
written notice of such deficiencies or defaults and a reason-
able time within which the Corporation shall remedy the
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same, which notice shall specify the deficiency or default.
If the Corporation fails to remedy such deficiency or default
within the time required by 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 levy liquidated damages of
$50.00 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 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 any
other person feels aggrieved by such order, the utility
cr such other person may seek review of the Board°s action
by proceedings in the Circuit Court of the County.
SECTION XX
County shall have the right, but not the duty to make
necessary inspections during construction and quarterly
thereafter at the cost of Twenty Dollars ($20.00) per unit
as covered by the permit fee herein to be paid by the Corpora-
tion. The utility or corporation, as the case may be,
shall pay the said inspection fee according to the number
of units in each phase of its development at the time of
the completion of the utility lines and facilities which
will be utilized to provide service to said phase. This
provision is subject to the escalation provisions contained
above as regards the amount of inspection fees which the
County shall be entitled to receive from the Corporation.
SECTION XXI
It is specifically agreed by and between the parties
hereto that this franchise shall. be considered a franchise
agreement and as such a contractural instrument recognized
under the Statutes and Laws of the State of Florida.
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SECTION XXII
® If any word, sections, clause or part of this resolu-
tion is held invalid, such portion shall be deemed a separate
and independent 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 and attested by its Clerk, all pur-
suant 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:
✓vv� r i � i i o _ By .. C, L/
Doug Scurlock, Chairm n
Board of County Commis loners
Attest:
__ ---- - — erk- --
,I
Ap;)roved aS for Ill
and igal Icie y
Gar randenburq
f, u y Ailorney
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40 ACCEPTANCE OF FRANCHISE
® RIVER BEND UTILITY 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 -6?day of July, 1982.
WITNESS:
rk NX rt)
STATE OF FLORIDA
L 7E COUNTY OF INDIAN RIVER
RIVER BEND UTILITYCOMPANY
By
J es L. Clark, President
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared James L. Clark, as
President of River Bend Utility 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
r
1 County aforesaid this ��`� day of July, 1982.
} Notary Public
I State of Florida
My commission expires -
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EXHIBIT A
SEWER RATE SCHEDU
Meter Size (Water) Base Facility Charge
5/8"x3/4"
$ 6.25
3/4"
9.38
1"
15.63
11-2"
31.25
2"
50.00
3"
100.00
4"
156.25
6"
312.50
Gallonage Charge - $2.25 per thousand (1000) gallons for
all water consumed during the month.
40
11EXIIIBI'( Bit
CERTIFICATE OF INSURANCt
Thit is to certify that the below mentioned Insurance Carriers have issued the following insurance policies and that the policies are in
full force and effect until further notice.
CERTIFICATE ISSUED TO,
.Indian River County , F CONTINENTAL RESOURCES COMPANY, ET AL
Board of County Commissioners NAMED P.O. BOX 44
NAME INSURED
and 1540 27th Street and WINTER PARK, FLORIDA 32790
ADDRESS Vero Beach, Florida 32790 ADDRESS *including Florida ].and Co.
LAttn: County Attorney I J
Thi, Certificate of Insurance neither affirmatively nor negatively amend., extend, or olters the coverage aMerded by politica shown below
TYPE OF INSURANCE
POLICY
EFFECTIVE
EXPIRATION
LIMITS OF LIABILITY
NUMBER
DATE
DATE
Worker's Compensation
46-WER-DI1791E
4.1.80
Until
51atutory
Employer's Liability
46-WER-DI1792E
Cancelled
$250,000.00
In conformance with the Compen-
Including Maritime
sation Low of the State of
b All States Extensions
Texas, Lo., Miss., Ala.,
HARTFORD INS. GROUP
Fla. and Elsewhere
Comprehensive General
46•C -011793E
4-1.80
Until
5100,000.00 Each Occurrence
Liability
46JPR-DI 1794W
Cancelled
Bodily Injury
$100,000.00 Aggregate Products
Property Damage
46-C-01 1793E
4.1-80
Until
$100,00.00 Each Occurrence
$100,000.00 Aggregate Operations
46JPR-D11794W
Cancelled
Including Products &
Completed Operations, Contractual,
'
$100,000.00 Aggregate Protective
XCU, Watercraft, Personal Injury 8
$100,000.00 Aggregate Products
Extension to Co -Ventures
HARTFORD INS. GROUP
$100,000.00 Aggregate Contractual
Comprehensive Automobile
46 C -DI 1793E
4-I-80
until
Liability
Cancelled
$250,000.00 Each Person
Bodily Injury
S Included Each Occurrence
Property Damage
46 -C -D 11793E
4-1-80
Until
S Included Each Occurrence
Covers all Owned, Non -Owned
Cancelled
R Hired Automobiles
HARTFORD INS. GROUP
Contra o
JHB.CJP-390
6.1-80
6.1-83
$10.000 0-'1-fl111��-ttrrtf '°s
Including Pollution liability
$20,000,000.00 Wglls over Water
& Cleanup expenss
LI(5YDS OF LONDON
Excess Liability
JHB CJP-390
6-1-80
6-1-83
Covering excess of
$1,000,000.00 ea/Occur.
the above policies
LLOYDS OF LONDON
REMARKS:
In the event of any material change in, or cancellation of, said policies, the Insurance Carrier will endeavor to give 30 Days written notice
to the party to whom this Certificate is issued, but failure to give such notice will not obligate the Insurance Carrier or Ihoir repro.
sentatives in any way.
ARTHUR L. OWEN C0NIPA:TNTY, INC.
(Authorized Representative)
1712 Commerce St. — Suite 2000 — Dallas, Texas 75201
14) 747-6500 ( Telex: AL OWEN DAL 73-0633
U-]
AD
,:
•A
GEORGE FIRESTONE
SECRETARY OF STATE
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32301
December 18, 1981
Florida Land/W. Aberwald
P. O. Box 44
Winter Park, Fl. 32790
Re: Charter Number 387571
Ref #: 144
Dear Mr. Aberwald:
This will acknowledge receipt of your Name -Change Amendment
for RIVER BEND UTILITY COMPANY, which was filed on
December 16, 1981. Your remittance totaling $30.00 has been
received. Enclosed please find a certified copy.
Should you have any questions regarding this matter, please
telephone (904)487-1322, the Word Processing section.
Sincerely,
D. W. McKinnon, Director
Division of Corporations
DWM/wk
WP -101 "FLORIDA — STATE OF THE ARTS"
3/81
C
40
64
te
:.._y
1Quar t*.&IVitt El �§tatP
I certify that the attached is a true and correct copy of
Certificate of Amendment to the Articles of Incorporation of
UNIVERSITY PARK UTILITIES COMPANY, changing its
name to RIVER BEND UTILITY COMPANY, a Florida
corporation, filed on December 16, 1981, as shown by the
records of this office.
The charter number of this corporation is 387571.
Abell itubtr Ilip 1)allb Alla the
Oreat meal of fly ftatr of ifloriba,
At T,111a10-czre, tljr Capital, this fly
ap Of bDecember, 1981
Orory jfirr5tollr
s�-rrvrtarl) of -late
CFH inuttev. r^Mo
�+Icyr,�%rc� /✓�^; /^l` /',111 '.'IV 1^ IV 1111 ter+: M^ ^ ^^ s� I': c.r.r.:nc Vv-,r.•^nlMr'�rr
y/-���r. ✓/��✓/��l.�sr/���r v/��� 4//v�C ✓/�� u/v�� ✓/��4 ✓/'�C ✓/"��s ✓/��C ✓/��C^ ✓/�C �/v�C^ ✓/v'��u N/�\r
✓/v�(
G,1 J�._C1l 1�.: C„l l�.Gr\ J��LrI A1.�'..lr\I�Lrl ll.:Li�J��:Lrl1\�:'vi►/��Lc\
•
r,
ARTICLES OF AMENDMENT
UNIVERSITY PARK UTILITIES COMPANY
Pursuant to Chapter 607, Florida Statutes, the undersigned
hereby adopts the folio -..ling Articles of Amendment to its
Articles of Incorporation.
I
The name of the corporation is University Park Utilities
Company.
II
The following ?^.lt'11Cm(:-nts to 'che_ Articles of Tnc'orporatlon
were adopi-rd by the direciois of i:hi Cr,rnor_ai:i-)_i oa Dl:a:
7, 1981, and by the stoch:holder of the lin i:hat
same date in the manner. Zree:ir.,: '.. d lly Ltic 1::::s of the State
of Florida and by llie Ait:;.clnG of T:',cC;:l:c)i.1i_i:;,l Or 1.710
Corpora Lion:
R; (. NED: ' liaL ;:11;3 /1,. is i_,,i ,J:i of Ei1C�i(`UC•.ii 1 Jf'
1'.i;('.ist?iO .1�e i1C:•1 .iii �l:!.�'_ I. •' �l•".:.1:�, h) :11at:
AiJ-i r:lo T.
_1c .. ron of r.... Cc ; o-at:icn 'i:,
gild !J1:1. 1.1.1.y c'` ?1y.
All t)t 1'110 i, l.i '1 .. 1_l. t Ir i.l;:? ('• t. �.,,t:: t"'t)ll .'U':/ U;,r ".sr!li !!:lJ
1:y
4b
40
Executed by !:he undt-.-r:;ijnf,d Tlnivor:ALy PaLk, 01:iIi-ties
Company at 'Kinter Park, Florida on this; 7th clay of Decr,ionr, 1981.
UNIVMRSITY PARK UTILITIES COMPANY
By
William V. "fI—)-T
Senior Vice President.
ATTF:SED:
W.
Secretary
(CORPORATF SEAL)
Land ')E
Park ULi 11. Lies Cn:npany, hrrrA)y ;'i
of the T
authu I: izrd .
natrA 'v; (:I[ '1, 1.931
A T "I•IN'5;TI -D
CC r 0;:a r y
•
t
ONE
STATE OF FLORIDA )
COUNTY OF OINNGE )
Before me, the undcr.sifined authority, on this day,
personally appeared t•IILLI;.i.1 V. MORGAN and W. J._APERI-!ALD ,
and E. P. SEATMAHAIN _ and ^ 1. J. All -'R[•AL-D , kitc'.:nYto
the to be the person> whose names arc subscrivad to the
foregoing Articles of Amend-ment as Senior Vice President and
Secretary of University Park Utilities Ccmpany, and Senior
Vice President and Secretary Florida Land Company, resre'ctively,
and they acknowledged to nie ti —_ they rr-2cutt-d ;.ho saa;� fcr
the purposes and consid,_ration `h(_ -rein c n; -.:;:;..I, in the
capacity statrcd, and as the act a.!d deed of said corporation.
GIVEN UNDFR MY IIX'D AND S :.?1, of 0.17FICE this 7th day of
December, 1481.
state of i'1•;rida ,7t Lrt.,je
my;,.!:coj,;mi.,.;i.on Expires. . .. i