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HomeMy WebLinkAbout1982-110-1 -*> k7 -0 RESOLUTION NO. 82-110 BE IT RESOLVED by the Board of Coanty Commissioners of Indian River County, Florida: SECTION I This Resolution shall be known and may be cited as the FST Partnership Sewerage System Franchise (Meadows Subdivision). SECTION TT 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: FST Partnership. (d) "Board" is the board of County Commissioners of the County. (e) "Person" is any person, firm, partnership, association, 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 embrace treatment plants, pumping stations, interception 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. SECTTnN TTI There is hereby granted by the County to the Corporaiton the 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 maintain the necessary lines, pipes, mains and other appurtenances 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 all other lawful purposes and subject always to the paramount right of the public in and to such public places. The Corporation shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. The Corporation shall supply the County with copies of its Department of Environmental Regulation monthly operating reports and trouble reports, if any. 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 necesary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right, but not the duty, to supervise all construction or installation work performed. -2- SECTION IV The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary lines, to wit: Being a portion of the following described parcel of land; The West 670 feet of Tract 13, Section 15, Township 33 South, Range 39 East, as shown on Plat of Indian River Farms Co., as recorded in Plat Book 2, Page 25, St. Lucie County, Florida; as more particularly described as follows: The West 188.0 feet of the Southerly 964.92 feet of Section 15, Township 33 South, Range 39 East, less and except the Southerly 30 feet for Road Right of Way of R. D. Carter Road (1st Street S.W.) and less and except the Westerly 25 feet of Section 15, Township 33 South, Range 39 East, all lands lying and being in Indian River County, Florida. SECTION V it is expressly understood and agreed by and between the Corporation and the County that the Corporation shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence, or intentional wanton, willful and reckless acts on the part of the Corporation in the construction, operation or maintenance of the sewerage system under the t-rms 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 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 -3- "Construction Specifications for Water Distribution and Sewage Collection Facilities" promulgated by Indian River County Utilities Department, July, 1980, 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 t;.e Florida Department of Environmental Regulation. Upon approval by the County of the plant and system, a permit shall be issued to the FST Partnership 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 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 acknowledgement. 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 resolution. -4- The Corporation shall design all facilities within the Franchise Area to conform to the Indian 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 airs -vad Ivy the Departmeilc 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. SECTION VIII (a) The Corporation shall have the authority to promulgate such rules, regulations, terns 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 uninterrupted 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 Commissioners, any of the provisions of (a) above are unreasonable, the Corporation, before discretionay action is taken by the Board of County Commissioners, can .request said Board that a group of arbitrators be appointed and such group shall consist -5- i - of : 1. County Engineer 2. Corporation Engineer 3. One person selected by the above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recommendations are not mandatory. Any 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 practicable, avoid interfering with the use of anv street, alley or other higYday where the paving or surface of the same would be disturbed. In case of any disturbance of County -owned pavement, sidewalk, driveway or other surfacing, the Corporation shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the 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 right-of-way, the Corporation shall, upon reasonable notice by the County, remove, relay, and relocate its fixtures at the Corporation's expense in the ordinary course of business. 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 facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or -6- 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 (101) feet in width for the benofir of `he- 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 territory making demand therefor, its public sewerage system, and shall provide such demanding person with its services 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 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 areas 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 cast 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 this franchise; that such rate of return on the net valuation of its property devote] thereto under efficient and economical management. The burden of -7- 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 annrnval of the Beard. 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, 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 accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee 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 Shareholders 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 termination. 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 -8- 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 suhje(-t to all authority no,.-,, or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory a rates. When this franchise takes effect, the Corporation shall have authority to charge and collect but not to exceed the following schedule of rates; SEWER RATE RESIDENTIAL & COMMERCIAL $10.00 per month per each residential or commercial unit CONNECTION CHARGES/Capacity Demand Fee Connection charges for Sewer_ service is $350.00 per Equivalent Resident Connection (ERC). 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 71.43% of an ERC. 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 Maintenance Escrow Charges and County Takeover (A) Tei; percent (10%) of the gross rates charged and -9- received shall be placed in a second County interest bearing account and accumulated until the balance reiches FIVE THOUSAND ($5,000.00) DOLLARS for a maintenance account. The balance of the account may be adjusted by the Board of County Commissioners at such time as the need arises due to inflationary repair or replacement costs or other unforeseen costs. Said funds shall be used as a sinking fund and applied only for repairs and/or replacement of the sewerage system by the Partnership as the need i� arises. County is granted the right to make necessary repairs using said funds in the event of default on the part of Partnership in maintaining the quality standards established herein. (B) At any time Indian River County is in the position to service the franchise area, the Corporation shall, upon the demand of County, convey all of its collection and treatment system to the County by customary and sufficient means of conveyance without charge or cost to the County. Partnership shall, in addition, grant all necessary easements to County without charge to connect the sewerage system to the County's sewerage system and such easements as are necessary to provide access to and use of the sewer system. It is understood that County, in addition to other options, may combine the system franchised by this resolution with other package plants in the area and to do so may utilize some or all. of the facilities provided by Corporation after making the demand to turn the system over under this paragraph. Corporation agrees that the initial deed conveying title from developer to reflect owner of each unit shall contain language to the effect that the sewerage system may become part of. the County system in the future and unit owners may become subject to standard County rates and impact fees. SECTION XVI The Corporation shall at all times maintain public liability and property damage insurance in such amounts as set forth in Exhibit A attached hereto and incorporated herein by reference. The Corporation shall cause County to be duly notified -10- M SECTION XVIII Prior to the Corporation placing any of its facilities in any of the public places as herein authorized, the Corporation shall make application to and obtain 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 circum- stances exist to determine the time in which such construction shall be done. CW"PTnAl vTv If the Corporation fails or refuses to promptly and faithfully 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 reasonable time within which the Corporation shall remedy the same, which notice shall specify the deficiency or default. If the Corporation fails to remedy such deficiency or default within 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 or 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 ($20.00) DOLLARS per unit as covered by the permit fee herein to be paid by the Corporation. The utility or corporation, as the case may be, shall pay the said inspection fee -12- rlpprov and lu,, my 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 utilizied 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. SECTION XXII If any word, sections, clause or part of this resolution is held invalid, such portion shall be deemed a separLte 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 pursuant to the resolution of the Board of County Commissioners adopted on the 20th _ day of October , 1982. Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FL RIDA By / C DON C. SCU WK, Jr,,.Valirman FREDA WRIGHT, C) rk / ACCEPTANCE OF FRANCHISE Brand2, y '.ST PARTNERSHIP does hereby accept the foregoing ftton ffi-4W'-°and for their successors and assigns does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this — day of ,x-Lxc-k y 1982. WITNESS: I-40""e FST P.AR ERS P -13 STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared as general partner of FST PARTNERSHIP and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this �2 Al - day of 198,. Notary Public, State Of Florida At Large MyCommin• ion Expires ?11,1r. 29,1985 Notary Public BmiOWUY J�+fEG0ln�wauce lampany ul Ameup ,yl'-�. 1,. -14-