HomeMy WebLinkAbout1982-0761�1
RESOLUTION NO. 82- 76
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
EXECUTION OF AN ASSOCIATION WATER OR SEWER SYSTEM
GRANT AGREEMENT, AN EQUAL OPPORTUNITY AGREEMENT
AND AN ASSURANCE AGREEMENT BETWEEN THE COUNTY AND
THE UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS
HOME ADMINISTRATION.
WHEREAS, the Board of County Commissioners of Indian
River County previously authorized by resolution the issuance of
water and sewer revenue bonds the proceeds of which are being used
to fund the construction of the South County Water System, and
WHEREAS, pursuant to said financing the loan proceeds
have been expended on authorized project costs and the County now
desires to draw upon grant proceeds to complete the project, and
WHEREAS, pursuant to the requirements for financing and
for obtaining grant funds, the Farmers Home AdministrLtion
requires execution by Indian River County of certain documents
including;
Association Water or Sewer System Grant Agreement
Assurance Agreement
Equal Opportunity Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman
and the Clerk of the Board of County Commissioners are hereby
authorized to execute the attached Association Water or Sewer
System Grant Agreement, Assurance Agreement, and Equal Opportunity
Agreement,
The foregoing resolution was offered by Commissioner
Wodtke who moved its adoption. The motion was
seconded by Commissioner Lyons and, upon being put to a
vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman A. Grover Fletcher Nay
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
Commissioner Dick Bird Aye
The Chairman thereupon declared the resolution duly
1 is
passed and adopted this 4th
Attest:
FREDA TGH_ rte_ 4
APPROVED TO FORM
AND LEGA UFFXIENCY ,>
By
Attorney
day of August, 1982.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
---..- —'�— c-- '4z�
DON C. SCURLOC C, QTR.
Chairman
BOARD OF COUNTY COMMISSIONERS
1840 25th Street., Vero Beach., Florida 32960
Telephone (305) 567-6000
July 21, 1982
Mr. Charlie B. Hudnell
District Director
Farmers Home Administration.
P.O. Box 3767
West Palm Beach, Florida 33402
Dear Mr. Hudnell:
Suncom Telephone• (305) 424-1012
Please find enclosed Forms No. FHA -400-1, FmHA 400-4, and
FmHA 1942731, properly executed and dated July 21, 1982.
This comprises our application for Grant in amount of
$796,900.00 from the Farmers Home Administration. Please
advise us of the proper procedure for the drawing of these
funds.
Thank you for your assistance in this matter and for your
help to Indian River County over pas.t.years. If any further
information is required, please do note hesitate to contact us.
Sincerely yours,
Don C. Scurlock, Jr., Chai m
Board of County Commissioners
encs •
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USDA-FmU&
Form FnfflA40O4
(Rc,.8'29-79) A8SOR/kNCE AGREEMENT
(Under Title V1, Ciyil [tights Act of 1964)
`- COUNTY OF INDIAN RIVER ~ STATE OF FLORIDA
The.------'__.___________________________ ____ ______________------------------------------__
reci
1840 - 25th Street, Vero Beach, Flf
ry 'a 32960
("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and
continue to comply with Title VI of the Civil Rights Act of 1964 (42 VcC 2000d et. seq.), 7 CFR Part 15, and Far
Ilowe Administration regulations pioniulgated thereunder. 7 C.F.R. §1901.202. In accordance with that Act and
regulations referred to above. Recipient agrees that in connection with any program or activity for which Recipient rec(
Federal financial assistance (as such term is defined in 7 C.F.R. § 14.2) no person in the United States shall, on the groun
race. color. or national origin. be excluded from participation in, be denied the benefits of. or be otherwise subjecte
disc ri mina t ion.
\. Recipient agrees that any transfer of uny.nked fauHty, other than personal property, by mle, hmoc or u
conveyance mtcmtmu . dmU be, and dmU be made expressly, mAjcd on \hc obligations u[ this agreement
transferee's assumption thereof.
2. Recipient shall:
Keep such records and submit to the Government such timely, complete, and accurate inas
Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulati
Permit access 6yauthorized employees o[the Farmers Home Administration or the U��Do t
Agriculture during normal business hours to such books. records. accounts and other sources of information all
facilities as m3y'hc pc,thncnt to uocxrf.aining such compliance-.
(c) Make mailable to man, participants. beneficiaries and other intmzxuJ persons such information regarding
provisions fdiis agreement and the regulations,and in such manner as the Farmers Homo Administration or
(}3. Department of Agriculture finds nxxomu,y ,o inform such persons of the protection assured duni u8p
3. The obligations of this agreement shall continue:
() As to | property, including structure, o�qViredor improved with the aid u[the Fcdcxd6oat
a%sismnce, m long as such um( property is used for the purpose for which the Federal financial assistance is n
'., for :mother purpose which affords similar services or benefits. or for as long as the Recipient retains ownershi
possession of the property, whichever is longer.
(h) As tpersonal propertyucquiroJ or improved with the aid of the F,dcm| financial assistance, so |om
Recipient retains ownership or possession of the property.
(c) As to any other aided facility or activity, until the last advance of funds tinder the loan or grant has been
4. Upon any [)reach or vhdutkm of this agreement the G(iv,m/mon/ may, at its option:
(a) Tr,mhm/c o, refuse to render or continue financial assistance for the aid of the property. bd|i<y` Jiro
oomic, or activity. 0
_ (h) [vf000 this agreement by sub for specific performance or by any other available remedy tinder tile lam
the United States or the Slate in which the breach or violation occurs.
Rights and remedies provided for under this agreement shall be cumulative.
COUNTY OF �NDIAN RIVER - �T�TE �F F ^
hwi|nc,� whereof .-----__-__-'----_-_' ������_.---'-----'------''-'-_—"n
(name of recepicni)
date has cumoJ this u&mrmoot to be executed by its duh umhohzuJ oOlcon and its seal uOixcJ hcnzo, or, i[o n:
person. hxs |wmun/o
6�n`rloc Jr.-- .... - -'--7����
`S`A ^/
__-Di
Chairman, Board of County Commissioner
,xtc,/: c�.�UL)L " ---------'--.---__'___________________
Ti
^u
-----'----'-------------'-------''--'
USDA-L•mliA Position 3
Form I-niHA 400.4
(Rev. 9-2e-79) ASSURAWL: AGREEMENT
(Under Title Vi, Civil Rights Act of 1964)
COUNTY OF INDIAN RIVER - STATE OF FLORIDA
The '
1840 - 25th Street, Vero Beaeh,mFl�oridaen32960
.......................................................•-•-•-----............------................----•---•-•-....•..............-•-•--...............------------••••--•--.....-•----•-------• •.
(address)
("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will
continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 200V t ct. seq.), 7 CFR Part 15, and Farmers
Home Administration regulations promulgated thereunder, 7 C.F.R. §1901.202. In accordance with that Act and the
regulations referred to above, Recipient agrees that in connection with any program or activity for which Recipient receives
Federal financial assistance (as such term is defined in 7 C.F.R. §14.2) no person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination.
I. Recipient agrees that any transfer of any -aided facility, other than personal property, by sale, lease or other
conveyance orcontract, shall be, and shall be made expressly, subject to the obligations of this agreement and
transferee's assumption thereof'.
2. Recipient shall:
(r) Keep such records and submit to the Government such timely, complete, and accurate information as the
Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Farmers Home Administration or the U.S. Department of
Agriculture during normal business hours to such books, records, accounts and other sources of information and its
facilities as rn3y'be pertinent to ascertaining such compliance.
(c) Make available to users, participants, beneficiaries and other interested persons such information regarding the
provisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the
11.5, Department of Agriculture finds necessary to inform such persons of the protection assured them against
discrimination.
3. The obligations of this agreement shall continue:
(a) As to any real property, including any structure, acgyired or improved with the aid of the Fede. -al financial
assistance, so long as such real property is used for the purpose for which the Federal financial assistance is rnade
or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or
possession of the property, whichever is longer.
(b) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as
Recipient retains ownership or possession of the property.
(c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made.
4. Upon any breach or violation of this agreement the Government may, at its option'
(a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project,
service or activity.
(h) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of
the United States or the State in which the breach or violation occurs.
Rights and remedies provided for under this agreement shall be cumulative.
In witness whereof, ......COUNTY -OF INDIAN R I VER - STATE OF FLORIDA '
(name of reclpieno
date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural
person, has 1wreunio cxc�uted.lhis:�tu;c)ucc�t�•_�• - r. ;s +; ,�
'f _. App!nvl,'(I
Z
! and IL�g- ,,il � y lit
Don Scoroc Jr. Xccipknr
July1982
21,
U•-- •-••--•-•-••----------------------- ....
Date
M. 8randen' rg Chairman, Board of County Commissioners
Attest: ✓/�`�'rfr �. - !n tint "•-------------------•---......--.........----......
r
t�U.S.GPO:t979� 5 '; I'd Tit c -011 155 - ..,y, u2.'w.,::::'t�ti..AWWlitl
I.. e) lq, ...,i -.................................. ............. .......................... _.............. ........
UNITED STATES DEPARTMENT OF AGRICULTURE
Dorm FHA 400-1
(Rev. 6-26--72) FARMERS HOME ADMINISTRATION
EQUAL. OPPORTUNITY AGREEMENT
Thia agreement, dated ..._......_..Ju 1X...2...:...1.982.._..-.....-----_..--•--......_-------_...._.._..-----..._.._......_.._.........._............. bets
USDA -FARMERS HOME ADMINISTRATION & COUNTY OF INDIAN RIVER -STATE OF FLORIDA
._.er..ein called...."..........._........Recipient.-...--...............whether...................one....or......m..o..._e.)....and...........e.....F...............-_..............
_......_..----
-...........------....----..............
" rtharmers Home Administration, United States Departmen!
(h
Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the `Secretary') issued under
authority of Executive Order 11246, as amended, witnesseth:
In consideration of financial assistance (whether -by a loan, grant, loan guaranty, or other form of financial assista
made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construe
work performed by Recipient or a construction contract financed with such financial assistance exceeds 510,000--unl
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 1124
September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, sub
to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is
for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor wili not discriminate against any employee or applicant for employment because of race, cc
religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are emplo
and that employees are treated during employment, without regard to their race, color, religion, sex or nati
origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or trans
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, avail,
to employees and applicants for employment, notices to be provided by the Farmers Home Administration set
forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contras
state that all qualified applicants will receive consideration for employment without regard to race, color, relig
sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaii
agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administrat
advising the said labor union or workers' representative ol the contractor's commitments under this agreemen
required pursuant to section 202(3)— of Executive Order 11246 of September 24, 1965, and shall post copies of
notice in conspicuous places available to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all ru
regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effe
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, I5
rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by
Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretar
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) cla
or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspende
whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assi
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 1124
September 24, 1965, of by rule, regulation or order of the Secretary of Labor, or as provided by Law.
(g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clauso
every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Li
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions
be binding upon each such subcontractor or vendor. The contractor will take such action with respect to
subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing s
provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor beco
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by
Farmers Home Administration, the contractor may request the United States to enter into such litigation to pro
the interest of the United States.
Position 6 FIiA 400-1 (Rev. 6-26-
UNITED STATES DEPARTMENT OF AGRICULTURE
Form F11A 400-1
Wev. 6-26--72) FARMERS HOME ADMINISTRATION
EQUAI. OPPORTUNITY AGREEMENT
This agreement, dated ............. _. Ju 1 Y..?.�....... 1982................................................................................................... between
USDA -FARMERS HOME ADMINISTRATION E COUNTY OF INDIAN RIVER -STATE OF FLORIDA
(herein called "Recipient" whether one or, more) and the Farmers Home Administration, United States Department of
Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under the
authority of Executive Order 11246, as amended, witnesseth:
In consideration of financial assistance (whether -by a loan, grant, loan guaranty, or other form of financial assistance)
made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction
work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000 --unless
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid
for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor wili not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion, sex or national
origin. Such action, shall include, but not be limited, to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other fonns of compensation: and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting
forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration,
advising the said labor union or workers' representative of the contractor's commitments under this agreement as
required pursuant to section 202(3)— of Executive Order 11246 of September 24, 1965, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules,
regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect.
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1%5,
rules, regulations, and orders, or pursuant thereto, and will pQrmit access to his books, records, and accounts by the
Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(f) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause
or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, of by rule, regulation or order of the Secretary of Labor, or as provided by Law.
(g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will
be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Pr vi c , however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect
the interest of the United States.
Position G
F11A 400-1 (Rev. 6-26-72)
2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid
for in whole or in part with the aid of such financial assistance.
3. To notify all prospective contractors to file the required `Compliance Statement', Form FHA 400-6, with their bids.
4. Form AD -425, Instructions to Contractors, will accompany the notice of award of the contract.
Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate
"llomL-Iown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply
with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award.
S. To assist and cooperate actively with the Farmers Home Administration and the Secretary in ;btaining the compliance
of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulati3ns, and
orders, to obtain and furnish to the Farmers home Administration and the Secretary, Form AD -560, Certification of
Nonsegregated Facilities, to submit the Monthly Manpower Utilization Report, Optional L orm 66, as required and such other
information as they may require for the supervision of such compliance, and to otherwise assist the Farmers Home
Administration in the discharge of its primary responsibility for securing compliance.
6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive
Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Fart 11,
Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the
provisions of the Equal Opportunity Clause as maybe imposed upon contractors and subcontractors by the Farmers Home
Administration or the Secretary pursuant to such Subpart D.
7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any
or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part;(b) refrain
from extending any further assistance under the program involved until satisfactory assurance of future compliance has been
received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for
appropriate action.
Witness the due execution hereof by Recipient on this, the date first above written.
Recipient
(CORPORATE SEAL)
Attest:�/7�,
&-cretary-
County of Indian River -State of Florid,
__----------`— Recipient
Name of Corporate Recipient -
By Don C. Scurlock, Jr.
Cha i rman of the Board of>at{g
County Commissioners
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*U.9. GP0:1976-0-565-664/1959
S
Form FmHA 1942-31
(1.29-79) UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS 110ME ADMINISTRATION
ASSOCIATION WATER OR SEWER SYSTEM GRANT AGREEMENT
THIS AGREEMENT dated ........Ju l.y_..21--------- ------
INDIAN RiVER - STATE OF FLORIDA
.......... ..............•-•-......-------•---•------............-•-...........-----......
-1
8? THE COUNTY__OF .......
......................... . 19 ._..:. ,between --•--••--•--•- - - - -
•---.......•-•.....................................................•-----.........• •--------- •---
a public corporation organized and gunoperating der Chapter 10148, Laws of ...................................... Chapters
125 & 159, Florida Statutes.
............................... •--.................. _....---......---•-•--....-----------------...------..............-----•---•--------•--------•-------------------------------
(Audrorizing .Statute)
herein called "Grantee," and the United States of America acting through the Farmers Home Administration, Department of
Agriculture, herein called "Grantor," WITNESSETH:
WHEREAS
Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement of a
(water) (sewer) system to serve the area tinder its jurisdiction at an estimated cost of S -7 . ...........
,047, 548.81 * and has duly
authorized the undertaking of such project.
Grantee is able to finance not more than $ 5,825,840.00 of the development costs through revenues, charges,
taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable user charge.
Said sum of $ S, H25, $1+Q . 00__.._ has been committed to and by Grantee for such project development costs
Grantor has agreed to grant the Grantee a sum not to exceed $_ 796 , 900.00 orpercent of
...................
said development costs, whichever is the lesser, subject to the terms and conditions established by the Grantor. Provided,
however, that the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be re-
turned immediately to the Grantor. The Grantor may terminate the grant in whole, or in part, at any time before the date of
completion, whenever it is determined that the Grantee has failed to comply with the conditions of the grant.
NOW, THEREFORE, In consideration of said grant by Grantor t6 Grantee, to be made pursuant to Section 306 (a) of
the Consolidated Farm and Rural Development Act for the purpose only of defraying a part not to exceed ... 7.x---------------
percent of the development costs, as defined by applicable Fanners Home Administration instructions.
GRANTEE AGREES THAT GRANTEE WILL:
A. Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the
project plans and specifications and any modifications thereof prepared by Grantee and approved by Grantor.
B. Permit periodic inspection of the construction by a representative of Grantor during construction.
C. Manage, operate and maintain the system, including this project if less than the whole of said system, continuously in
an efficient and economical manner.
D. Make the services of said system available within its capacity to all persons in Grantee's service area without
discrimination as to race, color, religion, sex, national origin, age, marital status, or physical or mental handicap (possess
capacity to enter into legal contract for services) at reasonable charges, including assessments, taxes, or fees in accordance
Ordinance 80-13'
with a schedule of such charges, whether for one or more classes of service, adopted by M6%4' k dateJune i
�A........••..._-------------------
19 --- ou ', as may be modified from tirne to time by Grantee. The initial rate schedule must be approved by Grantor. There-
after, Grantee may make such modifications to the rate system as long as the rate schedule remains reasonable and
nondiscriminatory. " See attached Ordinance 81-62
E. Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance,
emergency repair reserves, obsolescence reserves, debt service and debt service reserves.
F. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area
within its jurisdiction.
G. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its operations by a
representative of the Grantor.
H' To execute Form FmHA 400-1, "Equal Opportunity Agreement," and to execute Form FmHA 400-4, "Nondis-
crimination Agreement," and to execute any Cher agreements required by Grantor which Grantee is legally authorized to
execute. If an such form 'has been executed 6 Grantee as a result of a loan being made to Gi-ntee by Grantor contempo-
raneously with the making of this grant, another form of the same type need not be executed in connection with this grant.
1. Upon any default under its representations or agreements set forth in this 'nstrument, Grantee, at the option and
demand of Grantor, will repay to Grantor forthwith the original principal amount of the grant stated hereinabove, with the
interest at the rate of 5 ercentum per annum frdln the date of the default. Default by the Grantee will constitute
termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions of this Grant
Agreement may be enforced by Grantor, at its option and without regard to prior waivers by it of previous defaults of
Grantee, by judicial proceedings to require specific performance of the terms of this Grant Agreement or by such other
proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance
with the provisions of this Grant Agreement and the laws and regulations tinder which this grant is made.
J. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually advanced and not
needed by Grantee for approved purposes.
K. Use the real property including land, land improvements, structures, and appurtenances thereto, for authorized
purposes of the grant as long as needed.
1. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the real
property for the authorized purpose of the original grant as long as needed.
2. The Grantee shall obtain approval by the _Grantor agency for the use of the real property in other projects when
the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall
be limited to those under other Federal grant programs or programs that have purposes consistent with those authorized
for support by the Grantor.
3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request disposition
instructions from the Grantor agency or its successor Federal agency. The Grantor agency shall observe the following
rules in the disposition instructions:
(a) The Grantee may be permitted to retain title after it compensates the Federal Government in an amount
computed by applying the Federal percentage of participation in the cost of the original project to the fair market
value of the property.
(b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency and
pay the Federal Government an amount computed by applying the Federal percentage of participation in the cost of
the original project to the proceeds from sale (after deducting actual and reasonable selling and fix -up expenses, if
any, from the sales proceeds). When the Grantee is authorized or required to sell the property, proper sales
procedures shall be established that provide for competition to the extent practicable and result in the highest
possible return.
(c) The Grantee may be directed to transfer title to the -property to the Federal GoverRment provided that in
such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participa•
tion in the cost of the program or project to the current fair market value of the property.
This Grant Agreement covers the following described real property (use continuation sheets as necessary).
L. Abide by the following conditions pertaining to nortexpendable personal property which is furnished by the Grantor
or acquired wholly or in part with grant funds. Nonexpendable personal property means tangible personal property having a
useful life of more than one year and an acquisition cost of 5300 or more per unit. A Grantee may use its own definition of
nonexpendable personal property provided that such definition would at least include all tangible personal property as
defined above.
1. Use of nonexpendable property.
(a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no
Ionger needed for the original project, the Grantee shall use the property in connection with its other Federally
sponsored activities, if any, in the following order of priority:
(1) Activities sponsored by the FmHA.
(2) Activities sponsored by other Federal agencies.
(b) During the time that noncxpendable personal property is held for use on the project for which it was
acquired, the Grantee shall make it available for use on other pr0Jects if such other use will not interfere with the
work on the project for which the property was originally acquired. First preference for such other use shall be given
to FmHA sponsored projects. Second preference will be given to other Federally sponsored projects.
2 Disposition of noncxpendable property. When the Grantee no longer needs the property as provided in
paragraph (a) above, the property may be used for other activities in accordance with the following standards:
(a) Nonexpendable property with a unit acquisition cost of less than 51,000. The Grantee may use the property
for other activities without reimbursement to the Federal Government or sell the property and retain the proceeds.
(b) Nonexpendable personal property with a unit acquisition cost of SI,O()O or more. The Grantee may retain
the property for other uses provided that compensation is made to the original Grantor agency or its successor. The
amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the
original project or program to the current fair market value of the property-. If ti -e Grantee has no nced, for clic
property and the property has further use value, the Grantee shall request disposition instructions from the original
Grantor agency.
The Grantor agency shall determine whether the property can be used to meet the agency's requirements. if no
requirement exists within that agency, the availability of the property shall be reported, in accordance with the guide-
lines of the Federal Property Management Regulations (FPMR), to the Generai Services Administration by ti►e
Grantor agency to determine whether a requirement for the property exists in other Federal agencies. The Grantor
agency shall issue instructions to the Grantee no later than 120 days after the Grantee request and the following
procedures shall govern:
(1) if so instructed or if disposition instructions are not issued within 120 calendar days after -the Grantee's
request, the Grantee shall sell the property and reimburse the Grantor agency an amount computed by applying;
to the sales proceeds the percentage of Federal participation in the cost of the original project or program.
However, the Grantee shall bemitted to deduct and retain from the Federal share S 100 or ten percent of the
proceeds, whichever is greater, Zrfothe Grantee's selling and handling expenses.
(2) If the Grantee is instructed to ship the property elsewhere the Grantee shall be reimbursed by the
benefitting Federal agency with an amount which is computed by applying the percentage of the vrantce
participation in the cost of the original grant project or program to the current fair market value of the property,
plus any reasonable shipping or interim storage costs incurred.
(3) If the Grantee is instructed to otherwise dispose of the property, the Grantee shall be reimbursed by the
Grantor agency for such costs incurred in its disposition.'
3. The Grantee's property management standards for noncxpendable personal property shall also include:
(a) Property records which accurately provide for:'a description of the property; manufacturer's serial number
or other identification number; ac�tiisition date and cost; source of the property; percentage (at the end of budget
year) of Federal participation in tl►e cost of the project for which the property was acquired; location, use and
condition of the property and the date the information was reported; an ultimate disposition data including sales
price or the method used to determine current fair market value if the Grantee reimburses the Grantor for its share.
(b) A physical inventory of property shall be taken and the results reconciled with the property records at least
once every two years to verify the existence, current utilization, and continued need for the property.
(c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the
property. Any lass, damage, or theft of noncxpendable property shall be investiganed and fully documented.
(d) Adequate maintenance procedures shall be implemented to keep the property in good condition.
(e) Proper sales procedures shall be established for unneeded property.whicl► would provide for competition to
the extent practicable and result in the highest possible return.
71ris Grant Agreement covers the followbig described nonexperulable property (use continuation sheets as necessary).
M. Provide Financial Management Systems which will include:
1. Accurate, current, and complew disJusure Vf the finamlal results of eaC 1 grant. Financial reporting will be on an
accrual basis.
2. Records which identify adequately the source and application of funds for grant -supported activities. Those
records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances,
assets, liabilities, outlays, and income.
3. Effective control over and accountability for all funds,property and other assets. Grantees shall adegnatcl)-
safeguard all such assets and shall assure that they are used solely for authorized purposes.
4. Accounting records supported by source documentation.
N. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a
period of at least three years after grant closing except that the records shall be retained beyond the three-year period if
audit Rndings have not been resolved. Microfilm copies may be substituted in lieu of original records. The Grantor and Elle
Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books,
documents, papers, and records of the Grantee's government which are pertinent to the specific grant program for the
purpose of making audits, examinations, excerpts and transcripts.
0. Provide information as requested by the Grantor to determine the need for and complete any necessary Environ-
mental Impact Statements.
P. Provide an audit report prepared in sufficient dt^tai) to allow the Grantor to determine that funds have been used in
compliance with the proposal, any applicable laws and regulations and this Agreement.
Q. Agree to account for and to return to Grantor interest earned on grant funds pending their disbursement for program
purposes when the Grantee is a unit of local government. States and agencies or instrumentalities of states shall not be held
accountable for interest earned on grant funds pending their disbursement.
R. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or acquired wholly
or in part with Grantor funds without the written consent of the Grantor except as provided in item K above.
S. To include in all contracts for construction or repair a provision for compliance with the Copeland "Anti -Kick
Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). The Grantee shall report
all suspected or reported violations to the Grantor.
T. In construction contracts in excess of $2,000 and in other contracts in excess of $2,500 which involve the employ-
ment of mechanics or laborers, to include a provision for compliance with Sections 103 and 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5).
U. To include in all ogntracts in excess of $100,000 a provision that the contractor agrees to comply with all the
requirements of Section 114 of the Clean Air Act'(42 U.S.C. §1875C-9) and Section 308 of the Water Pollution Control Act
(33 U.S.C. §1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements
specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act and all regulations and
guidelines issued thereunder after the award of the contract. Such regulations and guidelines can be found in 40 CFR 15.4
and 40 Flt 17126 dated April 16, 1975. In so doing the Contractor further agrees:
1. As a condition for the award of contract, to notify the Owner of the receipt of any communication from the
Environmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of the contract is
under consideration to be listed on the EPA list of Violating Facilities. Prompt notification is required prior to contract
award.
2. To certify that any facility to Ue utilized in the performance of any nonexempt contractor subcontract is riot
listed on the EPA list of Violating Facilities pursuant to 40 CFR 15.20 as of the date of contract award.
3. To include or cause to be included the above criteria and the requirements in every nonexempt subcontract arid
that the Contractor will take such action as the Government may direct as a means of enforcing such provisions.
As used in these paragraphs the term "facility" means any building, plan, installation, structure, mine, vessel or other floating
craft, location, or site of operations, owned, leased, or supervised by a Grantee, cooperator, contractor; or subcontractor, to
be utilized in the performance of a grant, agreement, contract, subgrant, or subcontract.. Where a location or site of
operation contains or includes more than one building, plant, installation, or structure, the entire location*sit all be deemed
to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that
independent facilities are co -located in one geographical area.
GRANTOR AGREES THAT IT:
A. Will slake available to Grantee for the purpose of this Agreement not to exceed $ .196.±900.00
which it will advance to Grantee to meet not to exceed ... Mo ...... percent of the development costs of the project
in accordance with the actual needs of Grantee as determined by Grantor.
B. Will assist Glantee, within ,available appropriations, with such technical assistance as Grantor deems appropriate in
planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with any
State or area plans for the area in which the project is located.
C. At its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or
termination of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and
conditions as Grantor stay determine to be (1) advisable to further the putpose of the grant or to protect Grantor's financial
interest therein and (2) consistent with both the statutory purposes of the grant and the lunitations of the statutory
authority under which it is made.
* U. S. GOVERNMENT PRINTING OFFICE: 1979-666" 9 99
TERMINATION OF THIS AGREEMENT.
This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in paragra Th
I above or for convenience of the Grantor and Grantee prior to the date of completion of the rant purpose. Termination for
convenience will occur when both the Grantee and GrantorabTree that the continuation of the project will not produce
beneficial results commensurate with the further expenditure of funds.
IN WITNESS WHEREOF Grantee on the date first above written has caused these presenceto be executed by its duly
authorized .....,Chairman, Board of County Commissioners
and attested and its corporated seal affixed by its duly authorized ........Clerk
ATTEST: INDIAN RIVER COUNTY, FLORIDA
--•-----•------•-------------------••------•••-•••.........-••-.............................
By r���-...... __
B
Freda Wright, Cler to the Don C. Scurlock, Jr., Ch i an
Board. of. County.._Comm•issione.rs....................
� .(� %�'i�tle
v
Board of County Commissioners
----•-•--.....----•-----•----•..........................••---•••-••-•-•-•-•-••.............
(Titto - •,
UNITED STATES OF AMERICA
FARMERS HOME ADMINISTRATION
By.._.._...._.. --.._..--
........ -................ - --..-....._................__.. __ --_....._....._
(Title)
�I ESOLOTTON NO. 81.--612
11111P W1il:M-.AS, Indian River Co+.inty has received a commitment fres
III Fir•:;ler:; liome Administration to borrow $5,825,000.00 for the
Illi n iinc eying, construction and completion of the South County watior
�I ;turn; and
''HEREAS, the County will receive from the Farmers Ilonhe
A••lr:ini.st ration certain grant funds in the amount of $796,900.011;
416M anti
:411E TAS, Indian River County has completely en(iineered the
icr:-ic ct, purchased the land, cOmplcted the test well program and
>.s-ue•i notice of award on the subject project:; and
:il;;it1;AS, Indian River County has received all permits r,ecos„I:
;.,kA;struct the subject project; and
i.:1f1:RBAS, Tndian River County will have a shortfall of $42-:,80F;.21
the difference bet -.ween loan grant and other income iLo;-;:;
,,.I.Cd by contract amounts arld associated f(lon alvi expenses,
,hl i 1h:; reflected in the contract documents and other informatics
1�rovid(%l to the Farmers Home Administration; and
the Farmers home Administration desires assurance; `r•
;',•) Ir',1 of C(hunty Commissioners of In(Iiali ItiVUI- Cr) unty, Fl()ric:.,,
Ll,al. Lil: shortfall of $425,808.81 will be assumed an(I paid b}' Trl'i l
i: -.,or CounLy in Timely fash i'(1il, from ncli- d-Vaif,rtwi :;(,urce (10,11.1•..
'1.111TEFORE, 13E IT RESOLVED BY lili BOARl) oi' _OUi:'I'Y (O;L'41: ;''•':i'
,
C.i)IA:4 RIVER COUNTY, i'LORIDA, that -,:as an inducr:nent. to the
Il,;t•,o Administration In issi,,ing Lhe take-out letter as 1'(2(Juired b-'-
to
?;to the interim lenders and appruvin,, the cont -'l(:'
nt s, In,ii, River:' County her, b; rlyrcc : t:i> �:,:;.unc an(t p;l}' t.l,•
;Ir,rt_ � -11 1. amount as above described.
i(I, 1T FURTIILI? RESOLVPM that the 13Qard of County Commissioners i
in ii::ul River County, Florida, will cooperate in every regard with
1rI^-.�i Home Administration to assure successful completion of t.h�
,util '.r;achy Water System improvements.
130ARD COUNTY COMMISSIONERS
OF T t) TJ RIVL'It C U Y, FLORTDA
Qy f
'aL17 fr. Ly niE EFhtj6lt gAan
:t%te`_:t —
OIAN RIVcR COUNTY
THIS IS TO CERTIFY THAT TI ITS IS
1 n TRUE AND CORRECT COry
THE ORIGINAL ON FILE IN THI;
�_•—' -~ - ' OFFICE.
Fro(a Wright, Clle k Of Circuit Court ,/ �FRREDA WRICHT, CLERK
�I INDIAN RIVER COUNTY ORDINANCE N'0. £0-13
111!
�I AN ORDINANCE PROMULGATING THE RATES TO BE CHARGED
FOR USE or COUNTY WATER AND SEWER SERVICES; OUT-
LINING MEANS OF ENFORCING PAYMENT FOR SUCH SERVICE;
1111b PROMULGATING REQUIREMENTS FOR CONNEC'T'ION; SETTING
RUP MAINTENANCE REQUIREMENTS; PROHIBITING FREE
SERVICE; AND PENALTIES FOR VIOLATION
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, That:
SECTION 1. CONNECTIONS WITH WATERWOP.KS SYSTEM. Where
the same shall be available, the owner of every lot or parcel of
land within the unincorporated portion of Indian River County,
hereinafter referred to as "County", shall (except as limited by
Section 3) connect, or cause the plumbing of any building, or
buildings thereon to be connected, with the County waterworks
system of Indian River County, Florida, and use the facilities
of such systems. All such connections shall be made in accordance
with the rules and regulations which shall be adopted from time
to time by the Board of County Commissioners of Indian River County
Florida, which rules and regulations shall provide foi a charge
for making such connections in such reasonable amount as such
Board may fix and determine by Resolution.
SECTION 2. CONNECTIONS WITH SEWER REQUIRED. The owner
Of each lot or parcel of land within the County upon which lot or
parcel of land any building, or trailer used as a dwelling, is
now situated, or shall hereafter be situated, for either
residential, commercial or industrial use, shall connect or cause
such building or buildings or trailer or trailers to be r_onnrcte;?
with the public sewer facilities of the County seder system nf
Indian River County, Florida, and use such facilities within
two (2) months following notification to do so by the Utilitir:
Department of Indian River County, Florida. All such connection;
shall be made in accordance with the rules and regulations whirl:
shall be adopted from time to time by the Board of County Com-
m.issioners.of Indian River. County, Florida, which rules and
regulations shall provide for a charge for making any such
connections in such reasonable amount as such Board may fix an-`
determine by Resolution. No connection or connections shall lx"
required where said sewer system or line is more than two hundred
(200) feet from such lot or parcel of land.
SECTION 3. SEWER CONNECTIONS REQUIRE COUNTY WATER. All
connections to the County sewer system shall be simultaneousl,,
connected to the County water system. No County sewer service
shall be provided without County water except as provided by
County Resolution, that Tripartite between the Citv of Vero Beach,
Vero Mall and Indian River County and the lands addressed there -,n,
or where such service previously existed.
SECTION 4. EXCEPTIONS TO*CONNECTIONS. This Ordinance
shall not be construed to require or entitle any person to
cross the private property of another to rake any such sewer
or water connection.
SECTION 5. CONNECTIONS MAY BE MADE BY COUNTY. If an;:
such owner of any lot or parcel of land within the County
shall fail and refuse to connect with and use the facilities
of the sewer system of the County after notification by the'
Utilities Department, as provided herein, then the Utilities
Department shall be authorized to make such connections,
[®
i 4
entering on or upon any such lot or parcel of land for the
purpose of making such connections. The County shall ther,�-
upon be entitled to recover the cost of making such connection,
together with reasonable penalties and interest and attorne•:';
fees, by suit in any Court of competent jurisdiction.
In addition, and as an alternative means of collecting
such costs or making such connections, the County shall have
a lien on such lot or parcel of land for such cost, which
lien shall be of equal dignity with the lien of state and county
and municipal taxes. Such lien may be foreclosed by the County
in the same manner provided by the laws of Florida for the
foreclosure of mortgages upon real estate.
SECTION 6. RATES.
A. A rate schedule will be adopted by the County proviflin,j
for the following user rates:
WATER RATE
Residential and Commercial
(t ether individual meter or
master meter)
First 2000 gallons (Base Rate $7.10 per month, minimum
per Unit)
All over 2000 gallons $1.50 per 1000 gallons
SEWER RATE
Residential
First 2000 gallons (Base hate $7.10 per month, minimum
per Unit)
All over 2000 gallons 87% of $1.50 per 1000
gallons up to 10,000
additional gallons, ma::itnun+
Commercial
Including ^^.hools, public 1Q0% of wafer bill
buildings, churches, strvice
stations, retail stores, and
all non-residential services
B. DEPOSITS AND SERVICE CHARGES ,
Security Deposit - A refundable deposit will be required of
all new customers and reconnected 'units per the following tah1c,:
Water Service:
5/8 X 3/4" Meter $ 20.00
1" Meter 30.00
1 1/2" Meter 40.00
2" Meter 70.00-
3" Meter 120.00
Sewer Service - Equal to water deposit; a water and sewer
customer will be 2 times the above table. Sewer only service
to franchised water service areas will pay a deposit of 1 1/2
times the above figure. The deposits will ensure final payment
of any bill. Accrued interest of the escrowed deposits will be
applied to Operation and Maintenance Revenues, to hold down
general service charges.
C'41
Miscellaneous Non -Refundable Service Charges
Reconnect durinq normal workincr hours - $10.00
'Phis chargcis made upon initial service connection, or for chance
from temporary to permanent service, a reconnect after delinquency
shut off, or for transfer of service from one location to another,
where there was an existing account.
Reconnect during'off duty hours - $20.00
Meter re -reads acid Leak inspection- $5.00
This charge is for spec -.;.al inspection at request of 'customers when
there is no interruption of service and the account remains in the
same name. If the re -read is a result of an error of the initial
meter reading, this charge will not be assessed to the customer.
Delinquency Char e - $1.50
This assessment will be made if service payment is not received
by deadline date at the utility office per Section 14.
Meter Installations -
This charge covers the actual cost of materials (meter, connector,
box) and labor for each new meter installation where an existing
available service had been previously installed. It does not cover -
impact fees, tapping charges, or curb -stop covered elsewhere.
Meter Size Meter Installation Charqe
5/8 x 3/4" $ 90.00
111 $130.00
' 1 1/2" $264.00
2" *$330.00
3" Turbine *$880.00
*These charges do not include meter vault which will be supplied
by developer.
meter Calibration - $10.00
Upon request of a customer, the Utility Department shall test a
water meter to determine if the meter is operating within establ.i;h r!
standards, (95 to 101.53 of. 'TRUE). If the meter has been tasted
within the last twelve months, there shall be a 'Ten Dollar ($l0.on)
non-refundable service charge if the motor is found to be operatir:{o
accurately. -If the meter is in error, i.e., outside the range' (-4
95 to 101.53 of TRUE, then a billing adjustment will be made for
a period not to exceed the past six months of actual service. There
shall be no,charge for testing in the event the water meter has not
been tested within the last twelve months preceding the request.
The service charge may be applied against monies due in the event
a meter, after testing, is found to be inaccurate within the ranee
established above.
Line Location - No Charge
Damage Repair - $50.00 plus costs
Any contractor or customer who damages any water or sewer facility
by digging before asking for a line location or digging the
located line will be assessed a fine plus material and labor costs
for making the repair as required by the utility. If the line
was improperly located, no charge will be made.
Utility Inspection - New developments requii%ing repeated inspections
-during the utility installations will be assessed according to the
_.following table for water and sewer:
Residential or Commercial ....................$20.00 per Unit
(water alone will be $10.00 per Unit)
Hydrant Maintenance Annual Charge ............$40.00 per llydranr
Hydrant [.low calibration .....................$35.00 per Hydrant:
Isle
Tappinq Fee - At Cost
This charge is assessed at any time the main must be tapped an,i
the service line is extended to the meter location on the
customers' lot line. The cost of tapping depends on the complc�:;-
ity of the installation. It includes such things as the
of the service line; if across a paved road, it includes the
cost of cutting, installing the pipe and paving the road; all,
Pipe fittings; and labor. The work orders will list all time
and materials for making the assessment at cost..
SECTION 7. UNLAWFUL CONNECTION. No person shall be
allowed to connect into any water Un e_o_r sewer line owned by
the County without the written consent of the County, and then
the connection with such line shall be made only under the
direction and supervision of the Utilities Department. Any
property owner, plum or other individual who shall make an -i
connection without such consent of the County shall, upon
conviction be subject to the penalties hereinafter provided.
SECTION B. UNLAWFUL CONSTRUCTION. No person, group of
persons, firm or corporation shall build or remodel or cause
to be built or remodeled any structure used for human habitation
or occupancy on a property within the County which is within
two hundred (200) feet of a public sanitary gravity sewer line
or water main without connection to the gravity line or water
main. All construction shall adhere to latest revision
of "Construction Specifications for water distribution and sewaq—
collection facilities by Vero Beach".
SECT,ION 9. CONNECTING OLD PLUMBING. Whenever it is
desirable or required to' connect o plumbing with the County
sewer main and/or water line, the owner or plumber contemplating
doing such work shall notify the County Utilities Department
who will inspect said old plumbing and notify the owner or
plumber what alterations -will be necessary to place said old
plumbing in an acceptable condition for such connection.
Alterations shall be made within two (2) months of motification.
Any owner or plumber who shall make any connection without- th(-
approval of the County Utilities Department shall, upon convicti-m ,
be subject to the penalties hereinafter provided.
SECTION 10. SANITARY REQIiIREMENTS. Every residence and
building Ln which humane heisds rvesicae, air employed or congrrr!.,-
ted, shall be required*to have a sanitary method of disposing
human excrement, gray water discharge such as washing machines,
dishwashers, etc., namely either a sanitary water closet that is
connected with the County or Franchised sewer, or an approved typ-
of septic tank. A septic tank will be used only if the property
is more than two hundred (200) feet from the gravity sewer line.
SECTION 11. DISPOSAL ]2EOUIREMENT. It shall be unlawful
for any person, persons, firm or corporation owning or leasing
any premises in the County, to permit the disposal of any
human excrement on any property, leased or rented by any such
person, firm or corporation, except in a sanitary water closet
where sewage lines are available as defined above. ,
SECTION 12. SEPTIC TANK.' No septic tank other than
those approved by the appropriate agencies shall be constructed
or installed within the County. No septic tank, shall be con-
structed on a property within two hundred (200) feet of a CounL•_
gravity sewer line. Where elevation, soil conditions, and
environmental requirements permit, Septic Tanks will be
preferred for single family homes provided with public or
franchised water. For lots with wells and septic tanks there
shall be no more than four (4) units per acre with a limitation
that the number of units per acre allowed shall be determined
by current Department of Environmental Regulation and Health
Department Rules and Regulations existing as of the date applicati-
is made. Multi family buildings and commercial buildings shall
not be permitted to have septic tanks which have a higher
-4-
Equivalent that allowed for Residential Ccnnections. The
standard of connection for multi family and commercial buidinc:;
not exceeding the above Residential Equivalent, shall be as
provided by the Department of Environmental Regulation and
Health Department Rules and Regulation: existing at the time of
application..
SECTION 13. MAINTENANCE OF PLUMBING SYSTEM. The owner
of the property shall be responsible for maintaining and keepin-1
clean the water and sewer pipes leading and connecting from the
plumbing system to the County distribution lines and main sewer: --
This includes the meter boxes and easements for access to ther:,.
SECTION 14. PAYMENT OF FEES AND BILLS REQUIRED. Bill, for
monthly charges and fees hereinbefore mentioned should be
submitted and shall be payable on the 15th day from the date of
said bill. If such monthly bill shall be and remain unpaid on
and after the 16th day of such month for such service, a pena.lt..
of $1.50 shall be imposed and be added to said bill. If such
monthly bill shall be and remain unpaid on and after the 25th
calendar day of such service bill, the water service to said
customer shall be subject to discontinuance until all past lue
water bills are fully paid, together with the $10.00 reconnect. -,n
fee. All other parts of the Ordinance will apply as present]-.,
written.
SECTION 15. COLLECTION OF SEWER PEES WHERE OWNER HAS
COUNTY WATER SUPPLY. Where sewage disposal fees are not paid
in accordance with the provisions outlined above, t'.a County
shall have a right to cut—off the water supply to the plumbing
system and the owner shall have no right to reconnect the water
supply until the sewage disposal fees have been paid in full..
Any violation of this provision by reconnecting the water
supply, until such sewage disposal fees are paid in full, shall.
be considered a violation of this Ordinance and subject to the
penalties hereinafter provided.
SECTION 16. FAILURE TO MAINTAIN PLUMBING SYSTEM. Failure.
to keep the sewer pipe, i.e., the pipe leading from the plumbing
system to the sewer main, clean and maintained in a proper manner
will give the County the right to cut off the water connection,
which shall not be reconnected until, the sewer pipe' is cleaned
and maintained properly. Any violation of this provision; by
reconnecting the connection from the County water line, until
such sewer pipes are cleaned and maintained properly, shall be
considered a violation of this Ordinance, and subject to the
penalties hereinafter provided.' Cleaning by forcing obstacles
through service lines to the public system is forbidden.
SECTION 17. NO SERVICE FEZ:. No water nor sewage dispo::al
service shall be furnished or rendered free of charge to any
person, firm or corporation whatsover, and the County and each
and every agency, department or instrumentality which uses
either or both services shall pay therefor at the rate fixed
by this Ordinance.
SECTION 1£1. SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT_.
Each building whether occupying one or more lots and whether it
shall occupy any lot or parcel jointly with any other residential
building shall be billed separately for the payment of the water
fees and the sewage disposal fees, and separate connections and
-" meters will be required for each building.
SECTION 19. PENALTIES. Any person, firm or corporation
or anyone acting in behalf thereof who shall violate or fail
to comply with any of the provisions of this Ordinance shall.,
upon conviction, be punished by a fine not to exceed Five Hundre::l
Dollars ($500.00). The Board of County Commissioners may enforce
the provisions of this Ordinance by seeking injunctive relief
or any other remedies provided by law.
SECTION 20. TAMPERING. Any violation of Florida
Statute 812 (1979) shall be prosecuted as a violation of said
Statute and punished, after conviction, as provided in said
Statute.
SECTION 21. Indian River County Ordinance No. 78-34
and Indian River County Ordinance No. 78-45 and all
Ordinances or sections or parts of sections of the Code of
Ordinances of Indian River County, Florida, in conflict
herewith are hereby repealed.
SECTION 22. EFFECTIVE DATE. This Ordinance shall
become effective on June 1, 1980.
STATE OF FLORIDA
INDIAN RIVER COUNTY
TF115 IS TO CERTIFY THAT THIS IS
A TRUE A140 CORRECT COPY OF
THE OI:IG:NAL ON FILE IN THIS
OFFICE.
�(
FFREDA WRIGHT, CLERK
BY /_§W2L ad L)- D.D.C.
DATE�'7