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HomeMy WebLinkAbout1983-099RESOLUTION NO. 83-99 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING AN INCREASE IN RATES GRANTED IN RESOLUTION NO. 79-51 AND PROVIDING FOR CERTAIN MODIFICATION TO THE FRANCHISE AGREEMENT GRANTED TO ROSELAND PLAZA SHOPPING CENTER. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Resolution No. 79-51, be amended to reflect the following rate schedule and approved with the franchise modified as follows: 1. Section 14 of Resolution No. 79-51, as amended, is hereby amended to insert the following new rate schedule: SECTION 14 RATE SCHEDULE Water Rate - Monthly Base Facility Charge 5/8" meter $ 32.00 1" meter 75.00 141" meter 100.00 112" meter 250.00 2" meter 300.00 Gallonage Fee All water usage will be billed at $1.50 per 1,000 gallons and sewage will be billed at 1.5 X the water charge. 2. Section 24 is hereby created and added to Resolution No. 79-51, as amended, to read as follows: SECTION 24 A) FRANCHISE FEE The Utility hereby agrees to pay to the County a franchise fee in the amount of six percent (6%) of the Utility's annual gross receipts, (or the sum of five hundred dollars ($500) 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 6% 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 account- ing of Utility shall be in accordance with the Uniform System of Accounts of the National Association of Regulatory Utilities Commis- sioners and general accepted accounting principles. Within ninety (90) days after close of fiscal year, the Utility shall submit finan- cial statements prepared by a CPA and in accordance with general accepted 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 6% franchise fee and the two and one-half (212) percent renewal and replacement account has been collected and disbursed in accordance with the terms of this Agreement. B) RENEWAL & REPLACEMENT ACCOUNT Two and one half percent (21%) of the gross receipts of the ® Utility shall be placed in an interest bearing renewal and replacement account for the purposes of renewal and/or replacement of the capital assets of the water and/or wastewater system of the Utility. Addi.- 40 tionally, the Utility shall initially fund said account with one hundred dollars ($100) which will also be reserved for capital main- tenance items. Interest shall accumulate in said account until the account reaches five thousand dollars ($5000); thereafter interest shall be paid to the Utility annually. Said funds shall be used 0 as a sinking fund and applied only for renewal and/or replacement of the water and/or wastewater system by the Utility as the need arises; the percentage required to be placed in the renewal and re- placement 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. The County is granted the right to make necessary repairs using said funds in the event of default on the part of the Utility in maintaining the quality standards establish- ed in Resolution 79-51. In the event the County exercises its rights under Section 7 and 21 of Resolution 79-51, said fund shall vest in the County. f C) COUNTY RESERVES RIGHTS TO INCREASE FEES AND REGULATIONS The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and in Resolution 79-51 and exist- ing applicable resolutions or laws, such additional regulations and increase fees and charges as it shall find necessary in the exercise of the police power and lawful authority vested in said County, pro- vided 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. 3. 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. All portions of Resolution No. 79-51, as amended, that have not been specifically amended by this Resolution remain in full force I and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has caused this Resolution amending the franchise to be executed in the name of the County of Indian River by the Chair- man 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 5th day of October, 1983. Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA in the presence of: BY: / C Don C. Scurl k-1.* �. '3fiVi:,-Chairman Board of oufjh Cofiim ssioner, Attest: Clerk "` ACCEPTANCE OF FRANCHISE Lee T. Von Stein, Charles H. Von Stein and Sam Mufson, Trustee, i a Joint Venture, does hereby accept the foregoing(Resolution amending Resolution No. 79-51) franchise, and for their successors and assigns 4W 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 Fort Lauderdale , Broward COUNTY, FLORIDA, this 21st day of October , 1983. • • WITNESS: LEE T. VON STEIN, CHARLES H. VON BySAM M ON EE : B y : STATE OF FLORIDA COUNTY OF /"a wa h I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaidtotake acknowledge- ments, personally appeared r11 T ��c�C/ /J '(Mand 11-4 /% . a Joint Venture, and they acknowledged before me that they executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand andfficial seal in the State and County afore- said this day of �+ 1983. Ny� _ Notary Pu ic, State of �'1gT�i .�.< ��'.�• at Large el My Commission Expires: