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HomeMy WebLinkAbout1983-024_ J!ESOtUTION NO. 83-24 BE IT RESOINED by the Board of County Commissioners of Indian River County, Florida: SECTION I This Resolution shall be known and may be cited as the "Sea Oaks Utilities, Inc. 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 Florid,— (b) lorid— (b) "County Ettyineer" may be "County Administrator" or "Utilities Director". (c) "Corporation" is the Grantee of rights under this franchise, to wit: Sea Oaks Utilities, Inc., a Florida corporation. (d) "Board" is the Board of County Commi..rfsioners of the County. (o) "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 O 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 i for, the operation thereof. (h) "Service" means supplying to a user of the collection of sewage and the treatment thereof. (i) "Hookup and/or Connection" is the connecting of potential user's property to the sewerage system in order to utilize the Corporation's services. SECTION III There is hereby granted by the County to the Corporation 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 and all other lawful. purposes and subject always to the paramount right of the public in and to such public places. -2- 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, ® 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 and fees and charges 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. ^he 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 Corporation and the County that the Corporation shall save the County and members of the Board harmless from any loss -3- 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 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 sewage plants and systems and render efficient service in accordance with the rules and regulations as are, or may be set forth by the Hoard from time to time, which shall include but not be limited to "Construction Specifications for Water Distribution and Sev.,age Collection racilities" promulgated by Indian River County Utili.tic:, Department, July, 1980 or as amended. The Corporation agrees 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. Upon the completion of all construction of the water and -4- R waste water treatment plants and distr4.bution 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 in reproducible vellums and one set of regular bluel.ine prints; and that the systems meet all of the standards required by the County, including pressure and leakage tests, chlorination and bacteriological tests, infiltration and exfiltration tests. Upon receipt of certification from the engineer, the County will issue a letter acknowledging the construction of the 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. The Corporation shall grant necessary easements to County without charge to connect the sewerage system to the County Master Sewerage System together with such easements as are necessary to provide access to the sewerage system, where and if the County makes sewer service available to the project. The Corporation shall. pay a $1,000.00 franchise application fee at the time of the submission of the franchise resolution, and agree to pay all other fees which may be applicable during the operation of the system. SECTION VII All of the facilities of the Corporation shall be constructed in accordance with the plans and speciEiciations approved by the Department of. Environmental Regulation of the State of Florida and Indian River County Utilities Department. The manner 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 -5- Environmental Regulation of the State of Florida, or other governmental body having jurisdiction, including Indian River County. The Corporation shall supply County with an annual report of operations and maintenance certified by the Corporation Fngineer. 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 Doll.ars($25.00) shall be deposited with the Corporation by the party requesting such test. Such sum shal.l. 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, thy. 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, 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 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 -6- discretionary action is taken by the Boazd of County Commissioners, the Corporation can request said Board that a group of arbitrators be appointed and such group shall consist of: I. Utilities Director 2. Corporation Engineer 3. One person selected by the above two persons and thi, .,aa,:d 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. -7- SECTION IX All pipes, mains, valves, blowoffs and 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 F;ngineer 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 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 mainti.n 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 of or relocate or widen or otherwise change any such County owned right-of-way, the -7- Corporation shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at the Corporation's expense. i 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 haire l—t-u its idciiLies 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 fifteen (15) feet in width for the benefit of the Corporation and its facilities. SECTION X 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. 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 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 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 -8- territory to that area then being serviced by sewerage by the ® Corporation or such greater area as the Board shall determine; and thereafter., the territory shall be only the area set forth, ® in the resolution by the Board. (b) The Corporation shall not be required to furnish, supply, install and make available its sewerage system to any p crs ,;, G jAnin the franchise area unless the game may be done bLL 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. SECTION XI: The Corporation or its shareholders shall not sell or transfer its plants or systems or corporate stock to another or transfer any rights under this franchise to another without the approval of the Board. No such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, 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 shall require. A public hearing shall -9- be held on such request, of which notice shall be given by publication in a newspaper regularly published in the County at s 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 aca;m �m�nt of t1�i Fru _ _ .., nchrsc s,;aii not be unreasonably withheld. Any sale or transfer by the Corporation or Shareholders of the Corporation taking place contrary to the germs 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 sewerage service unless adequate capacity is to be 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 fail - 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 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 to charge and collect but not to exceed the schedule of rates, as contained in Exhibit "B" attached hereto, which shall remain effective until changed or modified as herein -10- 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 shalla his p y pro rata share of the cost of the commodity of service rendered. In setting said rates, County shall be guided by the standards Get forth ;- Florida Statute 367.081 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 fair rate of return on 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 c,f the setting of rates and charges. 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: Connection charges for sewer service is $500.00 per Equivalent Residential 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 .7193 of. an ERC. The basis for the above charges as set forth herein has been structured by Corporation with regard to two major but variable factors; first, the present level of construction costs of waste water collection and treatment plant facilities; -11- C 0 •• 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 coni,ecLion 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 t:o 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 38 franchise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. The Corporation shall supply the County with a copy of. the Corporation's Annual Report and financial statements. All records and all accounting of Corporation shall be in accordance with the Uniform System of Accounts of the National Association of Regulatory Utilities Commissioners and general accepted accounting principles. Within ninety (90) days after close of fiscal year, the Corporation shall submit financial statements certified by a CPA and in accordance with general accepting accounting standards and NAI2UC. Also, a letter from a CPA certifying that the 38 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 -12- unit in effect at the time of the issuance of a certificate of occupancy, as a contribution in aid of construction charge (for future connection to County 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 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 schedule of rates in the Ordinance in effect at the time of issuance of Certificate of Occupancy on the individual units. The County will establish separate interest bearing passbook for the sewage system and will deposit all escrow charges paid for any and all connections in this franchise. The fres referenced in this section are subject to the escalation provisions of Section XIV contained herein, using the County factor established in ordinance A-21 and 80-22. The fees referenced in this section shall. always be reasonable and the County shall. have the obligatioal l.o 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. Should the County at any time within the ensuing seven (7) years provide a sewage collection system and shall furnish sewer services to all customers within the franchise territory, the sums of money remaining in the escrow account(s) consisting of plant capacity charges and contributions in aid of -13- construction charges shall become the absolute property of the County and the Corporation shall have no rights thereto. In such event, the Corporation shall be absolved from the obligation of payment of further connection charges to the County. In the event the above condition is not met by the County within seven (7) years from the date of this Franchise Agreement, the County shall have the following ontionst (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 sewer plant at Corporation's original construction costs plus costs associated with capital additions and expansions to the systems less 3 1/2 % depreciation per year. Depreciation on the system shall be calculated to start at the time tY,e County issues a letter acknowledging the construction of the sewerage system as provided in Section 6. In conjunction with the sewer plant(s)' purchase, the County shall purchase necessary land areas upon which the plant(s) are located at the then fair market value of the real estate. Upon acquisition of the sewer plant(s) and appurtenant real estate, County would then own t•he entire sewer system and would terminate this franchise and provide sewer utility service to the franchise territory. All accumulated escrow fees would vest in County. As regards the purchase of the necessary land areas upon which the 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 appraisers 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 condition (2) is not exercised by the County within seven (7) years from the date of. -14- this Franchise Agreement, any sums of money remaining in the 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 year period. The County shall purchase according to the same formula in this sub-parapgraph (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 wit'� a credit for any fee.: which would have accrued pursuant to said section after tl,e seventh year, should the seven year period referenced therein not have lapsed. (5) In the event of an acquisition by the County, or the utilization of County's own plants, the County shall' receive the sewage collection system free of cost and in good repair, wear and tear excepted. The Corporation agrees to grant to County any easements necessary to connect the sewerage system to the County's sewerage systems without: charge. Two and one-half 12 1/281 percent of the gross receipts of the Corporation derived and collected from monthly service charges shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or maintenance of the capital assets of the sewerage system of. the Corporation. In addition, the Corporation shall fund the account with Two Thousand Dollars ($2.,000.00) which will also be reserved for capita]. maintenance items. Interest shall accumulate in said account until the account reaches $10,000.00; thereafter shall be paid to the Corporation annually. -15- t used as sinking fund and applied only for repairs and/or replacement of the sewerage system by the Corporation as the ® need arises. The percent required to be placed in the renewal and replacement account may be amended after review by the 40 County as necessary to maintain a sufficient account balance taking into account the general condition of the system. County is granted the right to make necessary repairs usina said f„na in the event of default on the part of Corporation in maintaining the quality standards established herein. to the event County exercises its rights under (2) or (4) above, the fund 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 forth 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 genera]. 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 -16- 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. 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 whi.:h it proposes. The Corporation shall pay any rate structure review fee as the County may then have in effect and shall furnish the County with all information requested by County that is pertinent to the proposed new rate schedule. 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 the 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 -17- 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 same, which notice ;hall 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 reas)nable 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 -18- 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 0 M 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. Provisions herein to the contrary notwithstanding, the Corporation shall not be liable for the non-performance or delay in performance of any of its obligations undertaken pursuant to the terms of this franchise where said failure or delay is due to causes heyone the Corporatin's control, including, without limitation, causes such as , "Acts of God", unavoidable casualties, labor disputes, etc. SECTION XXV The franchise area is intended to be developed as a condominium development with a condominium association organized pursuant to Chapter 718, Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that 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 and pursuant to the public hearing requirements set forth under Section XII hereof. SECTION XXV If any word, section, 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 MIRIM 73 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 6th day of April ,1983. Signed, sealed and delivered in the presence: -20- COUNTY OF INDIAN.RIVER, FLORIDA BY: z Richard N. Bird, Chairman Board of County Commissioners ATTEST:,' ', ACCEPTANCE OF FRANCHISE SEA OAKS UTILITIES, INC. does hereby accept the foregoing franchise, and for their successors and assigns does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this lith day of April WITNESS• STATE OF FLORIDA COUNTY OF INDIAN RIVER 1983. SETA OAKS110e-4, IF , X By Ra E.rims-, Pre, nt I HEREBY CERTIFY that on phis day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Robert E. llriygs as President ___ of: SEA OAKS UTILITIES, INC. 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 _ 15th day of ril , 1983. NOTARY FI'iLIC SiMcOf FLC?.fDA Ar, lt.9jc Notary Public — f1Y t:;",1'•Y _;; _1: i . 1.1 1931 GO'.... ..'1 .- ,...'.I. I'., 4 ..,....EI.... -21- CO BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone:(305) 567-8000 William W. Caldwell, Esq. 744 Beachland Blvd. ( Vero Beach, Florida 32960 RE: SEA OAKS Dear Mr. Caldwell: Suncom Telephone: (305) 424-1012 July 12, 1983 Please find enclosed Exhibits A, B, and C which should be attached to the Sea Oaks Resolution No. 83-24. If we can be of further assistance, please advise. Sincerely, )J,ce'S. Hamilton Administrative Assistant Utility Services Division /jh cc: Terrance G. Pinto, Utility Services Director Gary Brandenburg, County Attorney !.E'!z Forlani, Administrative Aide LEGAL DESCRIPTION SEA OAKS UTILITIES, INC. FRANCHISE AREA SEA OAKS PROJECT All of Government tots I and 2 of Section 25,-fot-mship 31 South, Range 39 East together with all of government Cots 8 and 9 and the South 411.84 of Government Lots 5 and 6 of Section 26, Township 31 South, Range 39 Fast, said land lying and being in Indian River County, Florida (less that portion of said lands conveyed to State of Ilor ida for State Road A -1-A). 69PD N IIUIT f'I?UPLPIII.S Government Lot 2 of Sent ion 76, TowWip 31 ." "Oh, F. "Kv 19 East. Subject to right --of way for .:tate Fa :,d ',10 "V1. I. ;:,•It11 /40 feet of said Lot 7. and c•uhjr•rt• to vxist,nj; r oir of w y 11`0 fpet wide for Statc Road A - I -A. Government Lot I, Seri ion 76, Ti nthIp 31 F -loll, F.w 19 r East, according to the offirial plat. of the �,utvey of � id 1 ,n,,S returned to the General Land ttffire by the. :;nt :, it'r r': r„ tal, together with all ripar On r i};ht ;end all "I" a F nt •, . Ad 10 :. AI-- '(amrnts tlie.reunto belon);iny, or in .-Ill-It.aininl•,; ;FXCE}�'P1Nr,, lite North 75 fry t th,,rrnf tc,j;r iher with t il.•r i.rn "•i' rights qui t--claimod June 21, 1971, to MW !w Ft iAt,e (',n nis-- sioners of Indian River 17""lity, Vim Ha, for hi0w,y mt•o"r; ALSO EXCEPTING a parcel dear t ibed an 1—ginning at a 1,nint which is 31.6.9 feet Past of the Nurtl-f-I rotnrr of ! i41 t''vr•tn-- ment Lot 1, and 25 feet South of the N,,rth line of r.:,id I "I 1 , ii""" East parallel to the forth line of Lot 1, 183.5 fort to the high water line of the Atlantic Ocean; thence Snutherly along; raid high v;atw- line abort 115.4 feet, thence Westerly parallel to the- Not Ill line of Lot 1, a distance of about 731.35 feet; Ili. r North ln5 fret to the point of beginning; containing one-half acre; Io�(rther with riparian rights appendant or appurtenant thereto, conveyed to the Commissioners of Wabasso Bridge_ District on Nu puber 3, 1921, for public im'Poses. ALSO EXCEPTING a strip of and loo feet wide situate over, thrcnagh and across said Government Lot 1, Section 26, Township 31 MIA Range 39 East, conveyed to the State of Florida for the use and be-- nefit of the State Road Department of Florida on ;;arch 17, 1958, by Special 1•'arranty Deed rr--corded in Official Records Book 35, 1';%e 393, etc., Indian River County Records. i EXHIBIT "B" RATE SCHEDULE I. Connection Charges $500.00/Unit II. Flat Rate 11.50/Unit III. Wastewater treatement rate based on Potable water Consumption 1.25/1000 gallons IV. Irrigation Water Rate .50/1000 gallons Effluent produced/l+ of Units connected . (Flat rate which varies monthly. ) COST PER UNIT Potable Demand = 300 gallons/day x 30 = 9000 gallons/month Irrigation ry 30 x 75,000 gallons/177 Units = 12,712 gallons/month Average Bill Flat Rate 1..1.50 Wastewater 9000 x $1.25 11.25 100u Irrigation Water 12,71.2 x 6.35 .5U L006— 000/'month /'m on t h Minimum Bill Flat Rate 1.1.50 Minimum Wastewater 3 x $1.25 3.75 Irrigation Water 6.35 $21.60/month THIS RATE; SCHEDULE IS BASED ON A RATE OF RETURN OF 12%. o• NAME AND ADDRESS Of AGf N( -v ROLLINS BURDICK HUNTER OF FLA.,INC. P:O.Drawer 39299 Ft.Lauderdale, FL 33339 COMPANIES AFFORDING COVERAGES CAMP ANY A ' f fT' A „ FIREMANS FUND INS . CO . lI71J I'AN'/ B tf llfR NAME AND ADDRESS Of INSURED r r)MPAM' ■ FLORIDA COMMUNITIES OF BROWARD & 1l TIER �/ FLORIDA COMMUNITIES HUTCHINSON ISLAND, rEIMI'Ahv D ZAREMBA FLORIDA CO. & SENTINENTAL COMM,[FTT!f' 915 Middle River Drive COMPANY Ft.Lauderdale FL 33304 tiETEA E L This 11 to cprtrly that p6hcies n nsvrrl En the msurerJ named above er+ ere m Pc• -es, this T ^e Pk;twdhsta+tdrng any repurrr'nent, term or toodd�o� of any contract or other documA.nt with respect to rrhKh this certificate may he issued or may perta.n, the Insurance aflor&d by tt a po4<,es descnhed herein is sublect to all fr•e terms, Podusions and conditions of such DNKles. COMPAN i Limits o l aTs n ousannds (OOOI I C11l.P irE•E (!f !N'>HNArI*.f -":I r:'.I:!•r Fr, rrTlr.rr�•,N r,AiF — --__(i'N — Ar",I.-_•: GENERAL LIABILITYjIA J(,)MPAIHFN',IVF IOPM 215 LA 37.3 63 29 10/13/83 .(7VIPAIr!)N, I r frxf Air F'sMaf•f s Fr L/AfdN AW',1AL E',f LUwf)IPGP01)Nf) HA/AAf. )Pf FITiTOMPICifD [A r r)N1AA(,tUA1 IN!,I)AA14.1 ElHfr*7AU f'7RM {'P•,E9 PtW �•If1E f'I NDI Nf r r,•/71,K. irlN, �ffrr UNAI iNIIIA. AUTOMOBILE LIABILITY C�,•,y,pu1 HIH;i JI {OrrV EXCESS LIABILITY A l _],It1IfH,NAb IINIHII I IA WORKERS* COMPENSATION and EMPLOYERS' LIABILITY _ — OTHER 15 TIL'. 323 53 29i 15 XLB 150 04 23.11 DESCRIPTION OF OPERA E IONSJLOC A f IONS/Vf HICLFS Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 3 Q_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ADDITIONAL INSURED: NAME AND ADDRESS OF CERTII ICATE HOLDER. 1/21/83 sm INDIAN RIVER COUNTY ATIMA DATE ISSUE . AUT14ORIZED REPRESENTATIVE Brian A. Gibbs 25 El•79) {. ... � iM 111A♦ :.•111 111,000 rt: l;flarl�aVa',f 11,000 I+i- NA! +i lily, 11 , o0o {A NVf M,�14 10/13/83 f -. . h, IPi •. •1' Iu,:f,irl,AMe,,r I ()t)0 IV 1 Y IV )•IRI AND LO/13/83 IA"I1I"Ivt)AMAG1 1 1,000 1 �.MIr�h1U I AI D TONY s Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 3 Q_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ADDITIONAL INSURED: NAME AND ADDRESS OF CERTII ICATE HOLDER. 1/21/83 sm INDIAN RIVER COUNTY ATIMA DATE ISSUE . AUT14ORIZED REPRESENTATIVE Brian A. Gibbs 25 El•79)