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HomeMy WebLinkAbout1982-122RESOLUTION NO. 82-122 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION I This Resolution shall be known and may be cited as the "Pi nestead 111a - �.0 R L and Sewerage System Franchise." SECTION II For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the future, words in the plural number include the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida. (b) "County Engineer" may be "County Administrator," or "Utilities Director." (c) "Corporation" is the Grantee of rights under this franchise, to wit: Aristek-Champion Utility Company, 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, reservoirs, systems, facility or other property, real or personal, used or useful or having the present capacity for future use in connection with the obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by business or industry and, without limiting the generality of the foregoing, shall embrace 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) "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 s+ations, 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 Corpor- ation 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 lines, pipes, mains and other appurtenances necessary therefor in, along; under and across - 2 - 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 rinht of the public in and to such public places. The Aristek-Champion Utility Company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall 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 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 supervise all construction or installation work performed. SECTION IV The territory in which this franchise shall be appli- cable is all that part of Indian River. County, Florida, located within the following described boundary lines, to wit: See attached Exhibit "A". SECTION V It is expressly understood and agreed by and between the Aristek-Champion Utility Company and the County that the Corporation shall save the County and members of the Board - 3 -- 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 Aristek-Champion Utility Company in the construction, operation or maintenance of the water and sewerage systems under the terms of thin fra_nrhise: 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 a,)d 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 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 appli- cations 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 t,y the County of the plaaLs and - 4 - m � A systems, a permit shall be issued to the Aristek-Champion Utility Company for the construction thereof. Upon the completion of all construction of the water and sewage treatment plans and distribution and collection systems, the project engineer for the Corporation shall certify, under seal, that the systems have been cnnatructed substantially in accordance with the plans and specifi- cations previously approved 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. The Corporation shall also submit to the County two sets of "as -built" drawings, consisting of one set in reproducible sepia and one set of regular blueprints. Upon receipt rf 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 acknowledgement. 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 fran- chise resolution. 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 approved by the Department of Environmental Regulation of the State of Florida. and the quanti+Y and quality of potable - 5 - I water delivered and sold and the manner of collection and disposal of sewage shall at all times be and remain not in- ferior to the quality standards for public water supply and public sewage collection and other rules, regulations and standards new or hereafter adopted by the Department of En- vironmental Regulation of the State of Florida_ or other governmental body having jurisdiction. The Corporation shall maintain, within the new (Pinestead) development area, suf- ficient water pressure and mains of sufficient size with fire hydrants and other facilities necessary in the water distribution system to furnish fire protection at any and all areas within the new (Pinestead) development area ser- viced by the Corporation. Said fire flow standard shall be a minimum of 500 gallons per minute frr a duration of 2 hours for residential units of 2 or less floors and 1,000 gallons per minute for a duration of 2 hours for commercial units or residential units of 3 or more floors. The area to be served by this franchise agreement is to be utilized solely as a rental mobile home park with at- tendant structures and facilities in which the mobile home lots are rented to residents with the resident owning the mobile home on the rental lot. The lot rent shall include the cost of water and sewer which shall not be stated as a separate charge. So long as water and sewer are furnished as a part of lot rental, there shall be no necessity of indi- vidually metering the water and sewer for each consumer. The Corporation shall provide an accurate master meter or meters through which all water used in the franchise area will be metered. The County shall have the authority to enter upon the franchise area lands to test the accuracy of this meter or meters. The company agrees to apply for a new franchise from Indian River County at such time as the property covered by this franchise is converted to any type of ownership or use other than a rental mobile home park. The company - 6 - further acknowledges that should the park ever be converted to other than a rental mobile home park the County may require individual meters. The entire cost of the meters and installation shall be borne by the company. The Corporation shall only allow such mobile homes to use the park as are equipped with plumbing and fixtures that promote the conservation of water. Any irrigation system installed shall be designed to promote the efficient use of water and shall be equipped with water sensors. The company shall establish guidelines and methods of monitoring the conservation of water in the park and shall submit a copy of such policies to the County. 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. Corporation shall respond to all customer service complaints within twenty-four (24) hours. 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, terms and conditions shall not be .in conflict 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 unreason- able, the Corporation, before discretionary action is taken -7- by the Board of County Commissioners, can request said Board that a group of arbitrators be appointed and such group shall consist of: 1. County Engineer 2. Corporation Engineer 3. One person selected by the above two persons; and this Board of Arbitrators shall make recc mendations 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. All water pipes, mains, hydrants, valves, blowoffs and sewer mains and manholes and other `.ixtures 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 inter- fere with other uses made of such public places already installed. The Corporation shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of County -owned pavement, sidewalk, driveway or other surfacing, the Corporation shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the 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 - 8 - 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 discon- tinwea .,., t, ac uvaiu Wray tcLiuilidi:u auC;i1 easement- Or 11.CenSe OY the Corporation thereto; provided, however, in the event of this termination of easement, the party requesting such termination shall pay to the Corporation, in advance, its cost of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten (10) feet in width for the benefit of the Corporation and its facilities. SECTION X The Corporation shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person or subject any person to any prejudice or disadvantage. SECTION XI (a) The Corporation shall furnish, supply, install and make available to any and all persons within the 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 Corporation, extend time for 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 sewer 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 - 9 - area as the Board shall determine; and thereafter, the territory shall be only the area sept forth in the reso- lution adopted by the Board. The Corporation or its Shareholders shall not sell or transfer ;,+v-- rl�::ts or aystGms or co poa:aLe Stock to another or transfer any rights under this franchise to another without the approval of the Board. No such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, 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 infor- mation 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 Corpor- ation 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. - 10 - 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 (a) The Corporation shall make no separate charge for water or sewer service to persons using the facilities of the Corporation within the area served by this franchise. (b) There shall be no connection charge for water or sewer service provided by the Corporation. (c) The Corporation shall pay to the County a franchise fee equal to $.068 per thousand gallons of water consumed by all water users in the franchise area. It is understood that this fee has been calculated using a base of three (3%) per cent of gross revenues of standard County rates at the time of adoption of this resolution; if the County franchise fee or water and sewer rates change, this fee shall be automatically adjusted. The fee shall be paid to the County on October 1st of each fiscal year SECTION XV Escrow Fund for Maintenance and Replacement The Corporation shall establish an escrow fund con- ditioned to pay for repairs, maintenance, and replacement of water and/or sewer facilities in the event the Corporation fails to meet its responsibilities under this franchise, and the County is required to make expenditures for the water or sewer system. The Corporation shall pay to the escrow fund the sum of $100.00 per mobile home lot to establish the fund. Payment for each lot into said fund shall be made before the lot is occupied. Payment into the escrow fund shall continue until the sum of $20,000.00 is deposited. The fund shall be maintained at this level with the Corporation receiving any JI T interest from the fund and making up any deficiency in the fund. The Board of County Commissioners may review the necessity and sufficiency of the fund at any time and subsequent to a public hearing may require the Corporation to increase or allow the Corporation to decrease the amount escrowed pursuant to this section. This escrow fund shall. be maintained at a bank in Indian River County and funds may not be withdrawn by the Corporation without the written consent of the County. The County may withdraw monies from this fund upon default of the Corporation for purposes of maintaining the water or sewer franchise. In the event the County provides a public water or sewer system to the franchise area and the Corporation ties into the publicly owned system pursuant to this agreement, the County Commission shall conduct a review of the necessity of requiring the Corporation to continue escrowing funds for the maintenance of the water distribution and sewage collection system on site. An accounting of this fund shall be furnished to the County annually or more frequently as required by the County. Connecting to County System Both parties acknowledge that the area covered by this franchise is planned for a public water and sewerage system and that this franchise is granted by the County to foster the accomplishment of this goal. The Corporation agrees that at such time the County supplies the franchise area with either a publicly owned water or sewerage system the Corporation shall discontinue supplying the area with the respective service and shall tie into the County system at a point in the franchise area to be determined by the County. The Corporation agrees to grant to County on demand and without charge all necessary easements to - 12 - connect a public water or sewer system to the franchise area. At such time as the public system is available, the Corporation agrees to connect to the public system and pay all impact fees, connection fees, contributions in aid of construction or other applicable fee, charge or assessment then in effect. This franchise resolution shall automatically terminate upon the County supplying the franchise area with a water or sewer system that is publicly available and the Corporation shall have no con- tinued rights whatsoever with respect to providing the franchise area with the service then supplied by the County; however, the Corporation shall have the continuing duty to maintain and repair the water distribution system and sewage collection system located on site and shall do so in accordance with all applicable laws, rules and regulations. The County shall only be responsible for facilities up to the point of interconnection with the franchise area. Prior to connection to the County system reasonable impact fees may be established by the County and shall be paid by the Corporation. Upon tieing to the County water or sewer facility, the Corporation may disengage the treatment facility (water and/or sewer) and have no further responsibility to furnish such treatment. The Corporation shall at all times maintain public liability and property damage insurance in such amounts as set forth in Exhibit "B" attached hereto and incorporated herein by reference. The Corporation shall cause County to be duly notified by the Insuror in the event of any modi- fications or deletions of the insurance as set forth in said Exhibit"B". Said amounts shall be adjusted by the Corporation, as shall be required from time to time by the Board in - 13 - 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 riiay result from any action of the Corporation. If any person serviced by the Corporation under this fran- chise complains to the Board concerning the rates, charges and/or operations of such utility and the Corporation, after request is made upon it by the Board, fails to satisfy or remedy such complaint or objections as not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection and the Board may review same according to the provisions herein. If the Board enters its order pursuant to such hearing and the Corporation feels it is aggrieved by such order, the Cor- poration may seek review of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Corporation shall promptly comply with the order of the Board. Should the Corporation desire to establish rates and charges or should the Corporation desire to increase any charges established and approved by the Board, then the Corporation shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. A public hearing shall then be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. If the Board enters an order pursuant to such hearing and the Corporation or any person feels aggrieved by such order, then the Corporation or such person may seek review of the Board's action by proceeding in the Circuit Court of the County. The Board shall act on the rate request within ninety (90) days. - 14 - 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 circumstances exist to determine the time in which such construction shall be done. SECTION XIX If the Corporation fails or refuses to promptly faith- fully keep, perform and abide by the terms and conditions of this franchise, then the Board shall give the Corporation written notice of such deficiencies or defaults and a 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 monitor construction of the facilities. Prior to connection, - 15 - a 1� the County shall conduct an inspection of the unit and facilities to be connected to the system. Corporation shall pay an inspection fee of $20.00 per unit payable at the time of inspection. 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 contractual instrument recognized under the Statutes and Laws of the State of Florida. If any word, sections, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name- of the County of Indian River by the Chairman of the Board of County Commissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 17th day of November , 1982. Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA in the presence of: By: �- C f Doug Scurlock,.,C airma Board /of County Commis Toners Attest Clerk Tr 16 — o''1i:i r h) trn nt t ; r i+ gar' 13r�arat;nbun [; Co �y Attortey ACCEPTANCE OF FRANCHISE ARISTEK-CHAMPION UTILITY COMPANY, a Florida corporation, does hereby accept the foregoing franchise, and for their successors and assigns does hereby covenant and agree to comply with and abide by all. of the terms, conditions and provisions therein set forth and contained. DATED at TA-vonia, ._Wayne County, Mi chi. ;ul, this 22 day of WITNESS: December , 1982. STATE OF MICA IG AAV COUNTY OF WAYNE ARISTEK-CHA ;Ft-1�.OMPANY By: John eibel, PYesident I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JOHN SEIBEL as President of ARISTEK-CHAMPION UTILITY COMPANY, a Florida corporation, and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this. .�� day of December 1982. ,2,? Notary Public, State of Michigan. My Commission Expires: Mr Cir r ._r� as _ 153 - 17 - r„r„rn-rm 11 All Tracts 3, 4, 5 and 6, Section 11, Township 33 South, Range 38 East, and that part of Tracts 1 '.nd 8, Section 10, Town- ship 33 South, Range 38 East, lying Easterly of the East right of way line of I-95, according to the last general plat of lands of the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2 at page 25; said lands now situate, lying and being in Indian River County, Florida. 111140 C4Cd ATM A � r r • r • r r r;. NAME AND ADORES'.; dAGENCY COMPANY . � See Special Conditions . Commercial Insurance Managers, Inc. !ul„trw' 12:01 all 10-28 .19 82 8123 Castleton Road E,.tnrF"„ 1' 0 nn l No4m 7 t9 Indianapolis, IN 46250 - ---- L1 I hl, tnn,i �r r,�,u:��i to nrG'n;i ,ri,r�+Ke In th" ab„vt' name[ r,l nf,drry C;L r rrl,ln,lE, pull, `-- -”" Description of Operation/Vehicles/Property NAW_ AND MA.It ING AUDRI',`, x.11 W,WO f Champion Home Communities, Inc. et. al. i Water/Sewage Treatment Plant 12886 Fairlane, Box 3330 Under Construction in Livonia, Michigan 48150 Vero Beach. Flordia a E m cm Type and Location of Property A-! M ins„ra:u,,• Oed •.�; � :e ..;ef- rri!cl ! 4 _ R 0 P R R T AI x eI r,!r L'1 X I I IX' !I: llroad Form Endorsement T I IX !," . I r,, 2,000 Y Al UI'Xw— Xr• X. T I ',X 0 Y, Il lnl1,�'u,I 0 Y, B Michigan I X . L 7 V,1 i) ,i t h,S 1!,!'E rt. Michigan- Flordia •s SPECIAL cnriUl t IONS!o1 1. Umbrella Liability - $2,000,000 Limit 2. Carriers - Umbrella: Safety Mutual Casualty Corp. Others: The Travelers Insurance Co. 500,000 500,000 Included 500,000 100,000 Commercial Insurance Managers, Inc. A( ORD 70 (t 1 7 i EXHIBIT „B,'- —