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HomeMy WebLinkAbout1982-117RESOLUTION NO.82-117 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: S SECTION I This Resolution shall be known and may be cited as the "Marsh Island Utilities, Inc. Water and Sewerage System ® Franchise." of 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 ;tate of Florida. (b) "County Engineer" may be "County Administrator" or "Utilities Director". (c) "Corporation" is the Grantee of rights under this franchise, to wit: Marsh Island Utilities, Inc., a Florida corporation. (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) "Water System" shall mean and include any real estate, attachments, fixtures, impounded water, water mains, services, valves, meters, plant, wells, pipes, tanks, hydrants, pumps, reservoirs, systems, facility or other property, real or personal, used or useful or having the present capacity for future use in connection with the collection, obtainina,. 62 40 o• treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by residential, business or industry, operation of sewage diposal plants and, without limiting the generality of the foregoing, shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements, .licenses and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (h) "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, 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. (i) "Service" means supplying to a user the distribution of water and collection of sewage and the treatment of both. (j) "Hookup and/or Connection" is the connecting of potential user's property to the water and/or sewerage system in order to utilize the Corporation's services. SECTION III There is hereby granted by the County to the Corporation the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and sewerage system within the described territory as herein provided and for these purposes to sell and distribute treated water and 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 -2- 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 and all other lawful purposes and subject always to the paramount right of the public in and to such public places. The -r-...at-io.. 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, provided however, such regulations shall not be inconsistent with the terms hereof. The Corporation shall supply the County with copies of its Department of Environmental Regulation monthly operation 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 necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right, but not the duty, to inspect all construction or installation work performed. 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: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SECTION V It is expressly understood and agreed by and between the -3- 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 water and sewerage systems 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 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 water and sewage plants and systems 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 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 standards as set forth in said "Construction Specifications" of 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 plants and systems, a permit shall be issued to the Corporation for the construction thereof. =t Upon the completion of all construction of the water and waste water treatment plants and distribution and collection systems, 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. The certification shall include submission to the County of two sets of "as -built" drawings, consisting of one set of reproducible vellums and one set of regular blueline prints; • and that the systems meet all of the standards required by the County, including pressure and leakage tests and chlorination and bacteriological tests for the water distribution system. Upon receipt of certification from the engineer, the County will issue a letter acknowledging the construction of the water and sewerage systems. No service is to be provided to customers until such time as the County issues a letter of acknowledgment. The issuance of said letter shall not be unreasonably withheld. Corporation shall grant necessary easements to County without charge to connect the water and/or sewerage systems to County's Master Water and/or Sewerage Systems and such easements as are necessary to provide access to the sewer systems and water systems. The Corporation shall pay a $1,000.00 franchise application fee at the time of the submission of the franchise resolution. FY�L�fI�S�7►�li�� All of the facilities of the Corporation shall be constructed in accordance with the plans and specificiations approved by the Department of Environmental Regulation of the State of Florida and the quantity and quality of potable -5- water delivered and sold and the manner of collection and disposal of sewage shall at all. times be and remain not inferior to the quality standards for public water supply and 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. The Corporation shall maintain sufficient water Dressure and mainG of sufficient size with fire hydrants and other faciities necessary in the water distribution system to furnish fire protection at any and all areas within the territory serviced by the Corporation. Said fire flow standards shall be a minimum of 550 gallons per minute for four (4) hours for residential units of 2 or less floors and 1,100 gallons per minute for commercial and residential units of 3 or pore floors. The Corporation shall also supply all water to consumers through meters which shall accurately measure the amount of water supplied. The Corporation shall at any time, when requested by a consumer, make a test of the accuracy of any meter; prior, however, to any test being made by the Corporation, the sum of Twenty -Five Dollars($25.00) shall be deposited with the Corporation by the party requesting such test. Such sum shall be returned if the test shows the meter to be inaccurate in its delivery. If the meter is inaccurate the meter will be repaired or changed, and should the meter reading calibrate too high, a billing adjustment will be made for no more that the past six month's actual readings. 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. -6- SECTION VIII (a) The Corporation shall have the authority to promulgate 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 uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations; ter-- 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) At all times herein where discretionary power is left with the Board of County Commissioners, before discretionary action is taken by the Board of County Commissioners, the Corporation can request said Board that a group of arbitrators be appointed and such group shall consist of: 1. County Engineer 2. Corporation Engineer 3. One person selected by the above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recommendations are not mandatory. Any Arbitration shall be in accordance with the Florida Arbitration Code. Any final decision the Board may have with respect to this franchise can be appealed by the Corporation by Writ of Certiorari to the Circuit Court of Indian River County. SECTION IX All water pipes, mains, hydrants, valves, blowoffs and sewer mains and manholes and other fixtures laid or placed by the Corporation for the water and sewerage systems 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 interferring with -7- the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of County owned pavement, sidewalk, driveway or other surfacing, the Corporation shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintin the restoration in an approved condition fnr A period of nno (1) year. In the event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such County owned right-of-way, the Corporation shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at the Corporation's expense. 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 faciities 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. The Corporation shall provide service within the franchise territory on a non discriminatory basis as if it were regulated under Florida Statute Chapte 367 (.1980), except to the extent that said provisions are in conflict with the provisions of this Franchise. -8- SECTION XI (a) Subject to the provisions of Section XI (b) the Corporation shall furnish, supply, install and make available to any and all persons within the territory making demand therefor, its public water system and 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 Cornnraf_;nn, extenr7 time fnr providing such service to such demanding person. In the event the Corporation fails to provide its services and facilities either as a water system or sewerage system or both 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 water and/or 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 by the Board. (b) The Corporation shall not be required to furnish, supply, install and make available its public water and/or sewerage systems 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 to be charged by the Corporation for all its services under this franchise; that such rate of return on the net valuation of its property devoted thereto under efficient and economical management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Corporation. 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 ERM 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 requst from the Droposed trnnsfevae, ::hick „pplicatLon shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board shall 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 req,ast. 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 null and void. SECTION XIII Corporation warrants adequate capacity to service existing or anticipated customers and agrees not to provide water and/or 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 at all times be compensatory and shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the fair valuation of all its properties devoted thereto under efficient and -10- economical management. The Corporation agrees that the County has the authority to enter into this franchise agreement and the regulation of the Corporation. Corporation agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Corporation shall have authority tv charge dila uUileCt but not t0 8IiC@ed the schedule of rates, as contained in Exhibit "B" attached hereto, which shall remain effective until changed or modified as herein provided. Exhibit "B" hereby establishes a base facility rate structure whereby each customer shall pay his pro 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, whether it be water delivered or sewage treated. In setti.ig said rates, County shall be guided by the standards set forth in Florida Statute 367.0^1 relating to the establishment of rates and charges. In any event, the utility shall always be responsible 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, reasonable and compensatory, which allow the utility a rate of return on the fair value of its property, systems and additions thereto. Rates and charges may be amended, upon proper justification, by Corporation. Other provisions of this ordinance 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 CHARGES/Capacity Demand Fee: -11- Connection charges for water service is $2,550.00 per Equivalent Residential Connection (ERC) and $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. The basis for the above charges as set forth hPrein has been structured by Corporation with regard to two major but variable factors; first, the present level of construction costs of water transmission, and waste water collection and water and waste water treatment plant facilities; second, the theory of treatment facilities and their degree of treatment sophistication as prescribed by the Department of Environmental Regulation or body having jurisdiction over the matter. without the County approval, connection charges set forth herein shall be escalated based upon increases in utility construction costs as evidenced by the quarterly construction index published in Engineering News Record Magazine, "Construction Cost Index, 20 Cities." Corporation 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. Escrow charges and fees as contained in Section XV below shall be included in the respective connection charges listed above and incorporated therein. 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. Said fee shall be shown as a separate additional charge on utility bills. -12- 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% franchise fee and the 2 1/2% renewal and replacement account has been collected and disbursed in accordance with the terms of this Agreement. SECTION XV ESCROW CHARGES: Corporation agrees to pay a fee in the amount of the currently imposed contribution in aid of construction for each 11111 f' -t the tii�T F Lha .. I.G oL c 188iiuilce ui a certificate of occupancy, for that unit as a contribution in aid of construction charge (for future connection to County water distribution and sewage collection mains) as provided for in Ordinance 80-21, Section 3, Part B. Corporation further agrees to pay the sum of $285.60 per ERC for water plant capacity charge and $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 construction. The County will establish separate interest bearing passbook or certificate of deposit accounts for the water system and the sewage system and will deposit all escrow charges paid for any and all connections in this franchise. The fees referenced in this section are subject to the escalation provisions of Section XIV contained herein, using the County factor established in Ordinance 80-21 and 80-22. The fees referenced in this section shall always be reasonable and the County shall have the obligation to prove the reasonableness of any increase in an amount over that which is provided for by the escalation provisions of Section XIV, in any given year. The parties agree that the accounts shall be in the County's name but subject to the escrow instructions, agreeable to the County and Corporation, delivered to a mutually agreed upon bank licensed to do business in Indian River County. 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 accounts at any time upon request made by it to the County. -13- should the County at any time within the ensuing seven (7) years acquire a water distribution and/or sewage collection system and shall furnish water services or sewer services to all customers within the franchise territory, the sums of money remaining in the appropriate account(s) shall become the absolute property of the County and the Corooration 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 condirinn ;c n,+- met otmet by the County within seven (7) years from the date of this Franchise Agreement, the County shall have the following options: (1) Extend this Franchise with all escrowed monies paid to the Corporation and further escrows discontinued; or (2) The County shall have the right to purchase the Corporation's water and sewer plants at Corporation's original construction costs plus costs associated with capital additions and expansions to the systems less 3 1/2 % depreciation per year. In conjunction with the water an.; sewer plants' purchase, the County shall purchase necessary land areas upon which the plants are located at the then fair market value of the real estate. Upon acquisition of the sewer plant, water plant and appurtenant real estate, County would then own the entire water system and sewer system and would terminate this franchise and provide water and 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 plants are 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. (3) In the event that the above conditon (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 -14- escrow account shall become the absolute 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 seven years 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 sub -paragraph (2) stated directly above, together with a credit for any fees which would have accrued pursuant to said section after the seventh year, should the seven year period referenced therein not have lapsed. The Corporation agrees to grant to County any easements necessary to c-nnect the franchise's water and/or sewerage system to the County's water and/or sewerage systems 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 water distribution and sewage collection system free of cost and in good repair, wear and tear excepted. SECTION XVI Two and one-half (2 1/2%) percent of the gross receipts of the Corporation derived and collected from monthly service charges shall be placed in interest bearing renewal and replacement accounts for purposes of renewal and/or maintenance of the capital assets of the water and sewerage systems of the Corporation. In addition, the Corporation shall fund each such account with Two Thousand Dollars ($2,000.00) which will also be reserved for capital maintenance items. Interest accruals in said accounts shall be payable to the Corporation annually. Said funds shall be used as sinking fund and applied only for repairs and/or replacement of the water and sewerage systems by the Corporation as the need arises; the amounts of the renewal and replacement accounts may be revisted on an annual oasis in order to maintain satisfactory account balances; subject to the mutual -15- consent of the parties 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, the fund(s) shall vest in County. In the event that the County purchases the Corporation'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 XVII The Corporation shall at all times maintain public liability and property damage insurance in such amounts as set forth in Exhibit "C" 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 fort', in said Exhibit "C". 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. SECTION XVIII If any written complaint is filed with the Board by any persons serviced by the Corporation under this Franchise, the Board shall first determine whether reasonable cause exists with respect to said complaint. If the Board finds that reasonable cause does exist, the Board shall so notify the Corporation and request the Corporation to satisfy or remedy such complaint. If the Corporation fails, within a reasonable time, to satisfy or remedy such complaint or objection, the Board may review same according the the provisions hereof. If the Board enters its order pursuant to such hearing and the Corporation feels it is aggrieved by such order, the Corporation may seek review of the Board's action by petition for Writ of Certiorari filed in the Circuit Court of the County; otherwise the Corporation shall promptly comply with the order of the Board. -16- ' SECTION XIX - Should the Corporation desire to establish rates and charges or should the Corporation desire to increase any charges heretofore established and approved by the Board, then the Corporation shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. A public hearing shall then be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time, not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued for a reasonable time as determined by the Board. If the Board enters an order pursuant to such hearing and the Corporation feels aggrieved by such order the Corporation may seek review of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. The Board shall act on t.je rate request within ninety (90) days. SECTON XX Prior to the Corporation placing any of its facilities in any of the public places as herein authorized, the Corporation shall make application, to and obtain any required permits from the County authorizing said construction in the same manner as permits are authorized in the County for the use of the public roads as shall now or hereafter be established by regulations of the County. The County shall. have the right when special circumstances exist to determine the time during which such construction shall be done. SECTION XXI If the Corporation fails or refuses to timely and faithfully keep, perform and abide by each and all of 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 -17- same, which notice shall specify the deficiency or default. If the Corporation fails to remedy such deficiency or default within a reasonable time, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Corporation, and after such hearing at which all interested parties shall be heard, the Board may levy liquidated damages or Fifty Dollars ($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 franchise territory or may terminate and cancel the same in whole or in part if proper reasons thereby can be found by the Board. If the Board enters an order pursuant to such hearing and the Corporation feels aggrieved by any such order, the Corporation may seek review of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. SECTION XXII Nothing in this franchise shall prevent landowners from exercising their vested -rights or priviledges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125.43, Florida Statutes. SECTION XXIII It is specifically agreed by and between the parties hereto that this franchise shall be considered a Franchise Agreement between Corporation and County and as such a contractual instrument recognized under the Statutes and Laws of the State of Florida. This Franchise Agreement is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. SECTION XXTU Provisions herein to the contrary notwithstanding, the Corporation shall not be liable for the non-performance or delay -18- in performance of any of its obligations undertaken pursuant to the terms of this franchise where said failure or delay is due to causes beyond the Corporation's control, including, without limitation, causes such as, "Acts of God", unavoidable casualties, labor disputes, etc. CV0MTnM VVT1 The franchise area is intended to be developed as a conrinminiiim development with a c0ridomiin'uw association organized pursuant to Chapter 718 , Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees ghat the Corporation may assign this franchise to such association at any time after its formation, subject to such association agreeing to the terms and conditions hereof. OVOMTnM —T— If any word, section, clause or part of this resolution is held invalid, such portion shall br 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 pursuant to the resolution of the Board of County Commissioners adopted on the 3rd day of November , 1982• Signed, sealed and delivered in the presence of: COUNTY OF INDIAN RIVER, FLORIDA BY: .�.� G -4 Board'ofc�ouny z nn ATTEST:` Freda Wri�it',: 'lerk 40 of LEGAL DESCRIPTION OF MARSH ISLAND q:. 1981 SURVEY OF APPROXIMATE MEAN HIGH WATER LINE ..A parcel of land on Wabasso Island being a part of Government Lot 4, Section 27, Township 31 South, Range 39 East, lying Northerly and adjacent to State Road No. 510, in Indian River County, Florida, being more particularly described as follows: Commence at the Northeast corner of Section 27, Township 31 South, ` Range 39 East, in Indian River County, Florida; thence, West along the North line of said Section 27, 823.34 feet; thence, S 520 51' W, 1850 feet; thence, N 290 58' W, 105.22 feet; thence, S 510 52' 39" W, 74.62 feet; thence, N 130 36' 31" W, 32.97 feet to the Point of Begin- ning, said point lying on the North Right-of-way line of State Road No. 510 as recorded in Official Record Book No. 229, page 221 of the Public Records of Indian River County, Florida; thence, S 510 52' 39"W, i along said Right-of-way, 259.16 feet; thence, S 440 22' 29" W, along said Right-of-way, 122.22 feet; thence, S 440 22' 29" W, along said Right-of-way, 321.13 feet; thence, S 560 20' 09" W, along said Right- of-way, 426.00 feet; thence, N 170 11' 51" E, 197.88 feet; thence, N 070 11' 48" W, 116.12 feet; thence, N 000 27' 26" N, 125.70 feet; thence, N 140 46' 40" W, 108.61 feet; thence, N 390 36' 21" W, 100.05 feet; thence, N 440 00' 17" W, 100.60 feet; thence, N 440 53' 31" W, 100.78 feet;:thence, N 370 26' 47" W, 100.00 feet; thence, N 18019'57"W, 106.03 feet; thence, N 210 57' 14" W, 103.92 feet; thence, N 17059'30"W, 106.26 feet; thence, N 020 11' 46" E, 130.44 feet; thence, N 20028'09'W, r.y 104.73 feet; thence, N 520 30' 04" 11, 103.41 feet; thence, N 33030'25"E, 255.19 feet; thence, N 520 15' E, 100 feet; thence, N 430 09' 35" E, ®50.64 feet; thence, N 460 32' 22" E, 50.25 feet; thence, N 60013'11"E, 50.49 feet; thence, S 750 49' 03" E, 111.78 feet; thence, S 80002'00"E, 135.17 feet; thence, S 560 45' 32" E, 105.77 feet; thence, S 46057'47"E, 101.31 feet; thence, S 030 07' 58" E, 121.51 feet; thence, S 47034'54"E, 101.49 feet; thence, S 340 33' 43" F., 100.16 feet; thence, S 41021'38"E, 100.20 feet; thence; S 300 05' 43" E, 100.90 feet; thence, S 59024'95"E, 104.38 feet; thence, S 690 48' 47" E, 1.18 feet; thence, S 31038'33"E, ��•, 100.51 feet; thence, S 710 34' 20" E, 120.37 feet; thence, S 16016'47"W, 188.40 feet; thence, S 460 40' 00" E, 44 feet; thence, S 200 43' 33" E, 28.62 feet; thence, S 510 52' 39" 19, 10.74 feet to the Point of Beginning containing 27.941 Acres, more 'or less. Said land lying wholly in Section 27, Township 31 South, Range 39 East, Indian River County, Florida. PREPARED BY LLOYD & ASSOCIATES, INC. - �_� �x >t f r3 eq. EXHIBIT "A" (continued) The following area is included within the franchise for the purpose of domestic water service of up to 500 gallons per day of potable water. Being a parcel of land located on an island in the Indian River on the South side of Wabasso Road in Section 27, Township 31 South, Range 39 East, Indian River County, Florida, the boundary of which is more particularly described by metes and bounds as follows: From the Northeast corner of aforesaid Section 27, Township 31 South, Range 39 East, run North 88034154" West,.a distance of 683 feet; thence run South 47053156" West, a distance of 595 feet to a point near the East end of the East Wabasso Bridge; thence run South 51°47156" West near the centerline of aforesaid bridge, a distance of 1482.52 feet to a point near the West end of the aforesaid bridge; said point being the point of beginning. From the point of beginning, run South 54°38125" East on a line offshore of the aforesaid island, a distance of 982.38 feet; thence run South 21047' East, a distance of 575.04 feet; thence run South 38013' West, a distance of 725.8 feet to a concrete monument on the shore of aforesaid island; thence continue South 38013' West, a distance of 101.55 feet to a point in the Indian River, thence run South 59°48147" West, a distance of 683.54 feet to a point in the Indian River; thence run North 33007154" West, a distance of — 1695.41 feet to a point on the West Wabasso Bridge; thence following near the centerline of the Wabasso Road, run North 56'03106" East, a distance of 880 feet to a point where the Wabasso Road intersects with the Pine Island access road; thence run North 60017121" East, a distance of 208.02 feet; thence run North 51047156" East, a distance of 132.48 feet to the Point of Beginning. All the above less right of ways for Wabasso Road and Pine Island Access road. Containing 51 -acres, more or less. EXHIBIT B WATER AND SEWER RATE SCHEDULE FOR MARSH ISLAND UTILITIES, INC. WATER AND SEWER Meter.ciye Base Facility Charge 5/8" $ 34.85 l0 87.13 1 1/2 174.25 Gallonage Charge - $2.22 per thousand (1000) gallons for alt water consumed during the month. EXHIBIT "C" Indian River County shall be named as an additional insured on a policy with a reputable insurance company with a minimum of the following limits. General Liability; Comprehensi-e Premises --operations Products/operation hazards Independent Contractors Personal injury Automobile Excess liability $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 Bodily injury and property damage $1,000,000 Personal injury and property damage lu NAMF ANO ADDQ[&5 of hl;[ N(Y ROLLINS BURDICK HUNTER OF FLA. , INC. COMPANIES AFFORDING COVERAGES P.O. Drawer 39299 Ft.Lauderdale, FL 33339A FIREMANS FUND INSURANCE CO. FLORIDA COMMUNITIES OF BROWARD &+ FLORIDA COMMUNITIES HUTCHINSON ISLAND, ZAREMBA FLORIDA CO. & SENTINENTAL COMM.I - 915 Middle River Drive Ft.Lauderdale, FL 33304 GUO HAL I IAlsu-I ('r A 215 LA 323 63 29 �i 10/13/83 RKj:.. 11 ; 11000 11000 1,000 AUTOW)BR r I-IAW),IT Y i A 215 LA 323 63 29 10/7.3/83 XX 11000 ' 015 XLB 150 04 21R 10/13/83 I 1,000 MARSH ISLAND UTILITIES,INC. ADDITIONAL INSURED AND ADDING INDIAN RIVER COUNTY AS THEIR INTERESTS MAY APPEAR AS { ADDITIONAL INSURED. 10 - ADDITIONAL INSURED: 11/12/82sm INDIAN RIVER COUNTY ATIMA Brian A. i Gibbs III _ Ai':lR{125 1179)