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HomeMy WebLinkAbout1983-044RESOLUTION NO. 83-44 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 "Tawitara Gardens Water System Franchise". SECTTON TI 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 County Utilities Director." (c) "Utility" is the Grantee of rights under this franchise, to wit: Tamara Gardens Water Company, a Florida Corporation. (d) "Board" is the Board of County Commissioners of the Z County. 0 (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, obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by Residential., business or industry, operation of sewage disposal plants and, without limiting the generality of the foregoing, shall embrace all 1 Ok 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) "Service" means supplying to a user the distribution of water and the treatment thereof. (i) "Hookup andtor Connection" is the connecting of potential user's property to the water system in order to utilize -the Utility's services. SECTION III There is hereby granted by the County to the Utility the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a water system as herein defined within the o described territory as herein provided and for these purposes to 0 sell and distribute treated water within the territory, and for i Wthese purposes to establish the necessary facilities and equipment M Wand to lay and maintain the necessary lines, pipes, mains and N other appurtenances necessary therefor in, along under and across 0 f a the public alleys, streets, roads, highway and other public places W o of the County; provided, however, that the County reserves the 4 Z right to permit the use of such public places for and all other 0 lawful purposes and subject always to the paramount right of the public in and to such public places. The Utility 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 Utility 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 and fees and charges as it shall find necessary in the exercise of the 2 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 te,_fitury in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary lines, to wits See Exhibit "A" attached hereto and incorporated herein. SECTION V It is expressly understood and agreed by and between the Utility and the County that the Utility shall save the County and members of the Board harmless from any loss sustained by the o County on account of any suit, judgment, execution, claim or 0 ° demand whatsoever resulting from negligence, or intentional LL I U wanton, willful. and reckless acts on the part of the Utility in Wthe construction, operation or maintenance of the water system ounder the terms of this franchise. The parties agree that in the s p construction of this section, the claim of any person resulting W U) U) from negligence on the part of the Utility may be prosecuted directly by such person against the Utility. The County shall notify the Utility promptly after presentation of any claim or II demand. SECTION VI The Utility shall maintain and operate its water plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time, which shall include but not be limited to "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 Utility to comply with the above standards. Prior to the issuance of a construction permit, the Utility's project engineers shall certify to the County that the design standards as set forth in said "Construction Specifications" of Indian River Utilities Department, July, 1980, or as amended, will be met by Campletion 3 of the project as shown on the plans submitted. The Utility 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 plant and system, a permit shall be issued to the Utility for the construction thereof. Upon the completion of all construction of the water treatment plant and distribution system, the project engineer for the Utility shall certify, under seal, that the system has been constructed substantially in accordance with the plans and specifications previously approved and that the systems meet all of the standards required by ,.he County. 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 blueline 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 water 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 Utility shall grant necessary easements to County without charge to connect the water system to the County Master Water System together with such easements as are necessary to provide access to the water system, where and if the County makes water service available to the project. The Utility shall pay a $1,000.00 franchise application fee at the time of the submission of the franchise resolution, and agrees to pay all other fees which may be applicable during the operation of the system. All of the facilities of the Utility shall be constructed in accordance with the plans and specifications approved by the Department of Environmental Regulation of the State of Florida and 4 Indian River County Utilities Department. The manner of treatment and distribution of water shall at all time be and remain not inferior to the quality standards for public water distribution 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, including Indian River County. The Utility shall supply County with an annual report of operations and maintenance certified by the Utility Engineer. The Utility 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 Utility, the sum of Twenty -Five Dollars ($25.00) shall be deposited with the Utility 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 than 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 Utility 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 Utility 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 Utility 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 Commissions, the Utility, before discretionary action is taken by the Board of County 5 Commissioners, can request said Board that a group of arbitrators be appointed and such group shall consist of: 1. County Utilities Director 2. Utility 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 Codc. Any final decision the Arbitrators or Board may have with respect to this franchise can be appealed to the Circuit Court of Indian river County by either party. SECTION IX All pipes, pumps, hydrants, mains, valves, blowoffs and other fixtures laid or placed by the Utility for the water system shall be so located in the dedicated easements in the County after approval by County Engineer so as not to obstruct or interfere with other uses made of such public places already installed. The y Utility shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or r surface of the same would be disturbed. In case of any C J disturbance of county -owned pavement, sidewalk, driveway or other j surfacing, the Utility shall, at its own cost and expense and in a i 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 Utility shall, upon reasonable notice by the County, remove, relay, and relocate its fixtures at the Utility's expense. The Utility shall not locate any of its facilities nor do any construction which would create any obstruction, or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Utility shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Utility thereto, provided, however, in 6 9 the event of this termination of easement, the party requesting such termination shall pay to the Utility 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 Utility and its facilities. SECTION X The Utility shall provide service within the franchise territory on a non-discriminatory basis as if it were regulated under Florida Statute Chapter 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 Utility o shall furnish, supply, install and make available to any and all persons within the franchise territory making demand therefor, its W public water system, and shall provide such demanding person with m Wits services and facilities; provided, however, that the Board o may, upon application of the Utility extend time for providing s m such service to such demanding person. In the event the Utility W o fails to provide its services and facilities as a water system to any area within the franchise territory within the time specified 0 by the Board, then in such an event, the County may, by resolution of the Board, limit, restrict and confine the territory to that area then being serviced by water by the Utility or such greater area as the Board shall determine; and thereafter, the territory shall be only the area set forth, in the resolution adopted by the Board. (b) The Utility shall not be required to furnish, supply, install and make available its public water system to any person within the franchise area unless the same may be done at such a cost to the Utility as shall make the addition proposed financially feasible. Financially feasible shall mean that a fair and reasonable rate of return shall be realized by the Utility 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 prospective 7 service to the area is not financially feasible shall be the burden of the Utility. The Utility or its shareholders shall not sell or transfer its plants or systems or stock to another nor 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 nt-4 the _re- nd--Ci i.y^,�� vi lasscc hat; iiieu wi.%ix %i its properties devoted thereto under efficient and economical management. The Utility agrees that the County has the authority to enter into this Franchise Agreement and the regulation of said Utility. Utility agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory i body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Utility shall have authority to charge and collect, but not to exceed, the following 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. In setting said rates, County shall be guided by the standards set forth in 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 Utility 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 Utility. Other provisions of this ordinance deal with the mechanisms of 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. The rate of return shall not exceed 12% of the rate base. CONNECTION CHARGE/Capacity Demand Fee Connection charge is $630.00 per Equivalent Residential Connection (ERC) for water service. For the purposes of this rate schedule, an ERC is equal to 350 gallons per day of water consumption to be treated. One condominium unit is equal to 250/350 of an ERC or .7143 of an ERC. 9 The basis for the connection charges and main extension charges as set forth herein has been structured by the Utility with regard to two major but variable factors; first, the present level of construction costs of distribution and treatment facilities; and second, their degree of treatment sophistication as prescribed by the Department of Environmental Regulation or body having jurisdiction over the matter. Without County approval, the schedule of connection charges set forth herein may be escalated based upon increases in utility construction costs as evidenced by the quarterly construction index published in Engineering New Record Magazine, "Construction Cost Index, 20 Cities". Utility shall adjust the connection charges set forth herein semi-annually, with the first such adjustment to be not earlier than January 1, 1984. Any escalation shall not exceed the percentage difference between said construction cost index for the base period ending September 30, 1981 as c�omp._.r- with the pp�io� 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 Utility hereby agrees to pay to the County a franchise fee in the amount of 3% of the Utility's annual gross receipts, (or the sum of $500.00, whichever is greater), derived from monthly service charges to defray the cost of regulation and for use of County rights-of-way and public. places. The Utility shall pay the 3% franchise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. The Utility shall supply the County with a copy of the Utility's Annual Report and financial statements. All records and all accounting of Utility 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 Utility shall submit financial statements prepared by a CPA and in accordance with general accepting accounting standards and NARUC. Upon demand by the Board the Utility will submit audited financial statements certified by a CPA. Also, a letter from a CPA certifying that the 3% franchise fee and the 2�% renewal and 10 replacement account has been collected and disbursed in accordance with the terms of this Agreement. SECTION XV Escrow Charges The Utility agrees to pay a fee in the amount of the currently imposed contribution in aid of construction for each unit in eftect at the time of the issuance of a certificate of occupancy, as a co! ribution in aid of construcLi-on charge (for future connection to County water distributions mains) as provided for in Ordinance 80-21, Section 3, Part B. Utility further agrees to pay the sum of $285.60 per ERC for water 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 the issuance of a certificate of occupancy. The County will establish sepaiate interest bearing passbook for the water 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 i 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 Utility, delivered to a mutually agreed upon bank licensed to do business in Indian River County. Throughout the term of this franchise, the Utility shall be entitled to any and all interest which shall be paid annually on or before September 30th of each year to the Utility. The Utility shall be entitled to an accounting of said interest bearing account at any time upon request made by it to the County. (A) Should the County at any time within the ensuing seven (7) years provide a water distribution system and furnish water services to individual customers within the franchise territory, 17. the sums of money remaining in said account consisting of plant capacity charges and contributions in aid of construction charges shall become the absolute property of the County and the Utility shall have no rights thereto. In such event, the Utility shall. be absolved from the obligation of payment of further connection charges to the Country. In the event the above condition is not met by the County within seven (7) years from the date of this franchise `agreewtLent, the County shall have the following options: (1) Extend the franchise with all escrowed monies paid to the Utility and further escrows discontinued. (2) The County shall have the right to purchase the Utility's water plant at Utility's original construction costs plus costs associated with capital additions and expansions to the system less 3' percent depreciation per year. Depreciation on the system shall be calculated to start at the time the County issues a letter acknowledging the construction of the water system as provided in Section 6. In conjunction with the water plants' purchase, County shall also purchase necessary land areas upon which the plant is located at the then fair market value of the s real estate. Upon acquisition of the water plant and appurtenant real. estate, County would then own the entire water system and 9 would terminate this franchise and provide water utility service i to the franchise territory. All accumulated escrow fees would vest in County. As regards the purchase of the necessary land areas upon which the plant is located, County shall first tender its offer to the Utility. In the event the Utility finds the offer inadequate, County and Utility 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 Utility 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 sever. (7) years from the date of 12 this franchise agreement, any sums of money remaining in the escrow account shall become the absolute property of the Utility and the County shall allow the Utility 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 (7) year period, the County shall purchase according to the same formula in this sub -paragraph (2) above except tiidt the County Sieaii be entitled to a credit against the net purchase price payable by the County to the Utility 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 (7) year period referenced therein not have lapsed. 0 or the LL (5) In the event of an acquisition by the County, °a utilization of County's own plants, the County shall receive the W M Wwater distribution system free of cost and in good repair, wear 0 and tear excepted. The Utility agrees to grant to County any F easements necessary to connect the water system to the County's W F o water systems without charge. 0 W SECTION XVI z 0 Two and one-half percent (2'k%) of the gross receipts of the utility shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or maintenance of the capital assets of the water system of the Utility. Additionally, the Utility shall initially fund said account with TWO THOUSAND ($2,000.00) DOLLARS which will also be reserved for capital maintenance items. Interest shall accumulate in said account until the account reaches $10,000.00; thereafter interest shall be paid to the Utility annually. Said funds shall, be used as a sinking fund and applied only for repairs and/or replacement of the water system by the Utility as the need arises; the percentage required to be placed in the renewal and replacement account may be amended after review by the County as necessary to maintain a sufficient account balance taking into account the general condition of the system. County is granted the right to 13 make necessary repairs using said funds in the event of default on the part of Utility in maintaining the quality standards established herein. In the event County exercises its rights under (2) or (4) above, said 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 Utility 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 Utility 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 Utility, as shall be required from time to time by the Board in accordance with good business practices as determined by safe I 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 Utility. SECTION XVIII If any written complaint if filed with the Board by any i persons serviced by the Utility under this Franchise, the Board shall first determine whether reasonable cause exists with respect to said complaint. If the Board finds reasonable cause does exist, the Board shall so notify the Utility and request the Utility to satisfy or remedy such complaint. If the Utility fails, within a reasonable time, to satisfy or remedy such complaint or objection, the Board may review same according the provisions hereof.. if the Board enters its order pursuant to such hearing and the Utility feels it is aggrieved by such order, the Utility may seek review of the Board's action by petition for writ of Certiorari filed in the Circuit Court of the County; otherwise the Utility shall promptly comply with the order of the Board. SECTION XIX Should the Utility desire to establish rates and charges or should the Utility desire to increase any charges heretofore 14 established and approved by the Board, then the Utility shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. The Utility 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 sa].0 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 Ui.ility feels aggrieved by such order, then Utility may seek review of the Boards 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. SECTION XX Prior to the Utility placing any of its facilities in any of the public places as herein authorized, the Utility 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. If the Utility fails or refuses to promptly faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Utility written notice of such deficiencies or defaults and a reasonable time within which the Utility shall remedy the same, which notice shall specify the deficiency or default. If the Utility 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 Utility, and after such hearing at which all interested parties shall be heard, the Board may levy liquidated 15 damages of Fifty ($50.00) Dollars 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 are found by the Board. If the Board enters an order pursuant to such hearing and the Utility feels aggrieved by any such order, the Utility may seek review of the Board's action by filing a petition for Wait of Certiorari in the Circuit Court of the County. SECTION XXII Nothing in this franchise shall prevent landowners from exercising their vested rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125.42, Florida Statutes. SECTION XXIII It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between Utility and County and as such a contractural 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. Provisions herein to the contrary notwithstanding, the Utility 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 beyond the Utility's control, including, without limitation, causes such as "Acts of God", unavoidable casualties, labor disputes, etc. 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 Utility may assign this franchise to such association at any time after its formation, subject to such association agreeing to the terms and 16 conditions hereof and pursuant to the public hearing requirements set forth under Section XII hereof. SECTION XXVI Upon the initial connection of any customer to the water system or upon the reconnection of any new customer to the water system, the Utility shall furnish, by mail, a notice setting forth I rate schedule then in effect and further containing the fol lnp;in7 statement; "The water rates set forth herein have been authorized pursuant to Indian River County Water Franchise Resolution No. 83-44 as amended. Said water rates are subject to adjustment pursuant to said Resolution upon proper showing by the Utility. Said rates are also subject to adjustment in the event the water franchise is terminated and Indian River County commences to furnish water service to your property." SECTION XXVII If any word, sections, clause or part of this resolution is held invalid, such portion shall be deemed a separate and s 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 i 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 15th day of June , 1983. Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA in the presence of: By Ri.chard;,N. Bird., Chairman Boardof"County. Commissioners Attest: —)Ii QLi Clerk 17 ACCEPTANCE OF FRANCHISE TAMARA GARDENS WATER 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 Vero Beach, Indian River County, Florida, this 6VAI- udy of , 1983. WITNESS:___ TA[,ARA GARDENS WATER COMPANY -: /P4 PVic L1 /Y I //_lam? (D At ICP e,�� STATE OF FLORIDA COUNTY OF INDIAN RIVER BY President ; v I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Leonard J. Hatala r as President of TAMARA GARDENS WATER 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 y/ day of ,� ��J_ , 1983. 1- !) / / ' J 4 ti. NotarAr Public, State ofAoida at Large My Commission expires: 18 40 of EXHIBIT "R" The East 10 acres of the West 20 acres of Tract 10, Section 1, Township 33 South, Range 39 East, Indian River Farms Subdivision, as recorded in Plat Book 4, page 39, Public Records of Saint Lucie County, Florida, said land now lying and being in Indian River County, Florida. 19 EXHIBIT "B" RATE SCHEDULE - DEPOSITS - SERVICE CHARGES I. Monthly Water Service Charges: Charge Up to 2,000 gallons per month: $27.00 For all usage over. 2;000 gallons the charge per 1,000 gallons or part thereof is: $ 2.00 The minimum base rate charge per unit per month: $27.00 II. Deposits and Service Charges: A. Security Deposit: A refundable deposit will be required of all new customers and reconnected units in the amount of $50.00 per unit. Said deposits will insure final payment of any bill. B. Service Charges: 1. Reconnection Fees: A fee shall be charged for any reconnection after service has been discontinued. The amount of the fee shall be equal to 50% of minimum base rate charge multiplied by the number of months (,r portions thereof) that the service was disconnected.