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HomeMy WebLinkAbout1983-066AEBOUJTIC, NO. 83-66 BE IT RE9CL by the Board of County Commissioners of Indian River County, Florida; SECTION I This Resolution shall be known and may be cited as the "PELICAN POINTE UPILITIES, INC. EATER ASID {ASIVATER SYS=- FpAMRSE". SECTION II M71MMIONS For the purpose of this pesolution, 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 Utility Services Department, 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: PELICAN POINTE U1'II.ITPES, INC., a Florida Corporation. (d) "Board" is the Board of County Commissioners. (e) "Person" is any person, firm, partnership, association, corporation, cmgQ y or organization of any kind. (f) "Territory" mems 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) "Nater System" shall man and include any real estate, attachments, fixtures, hgouded water, water mains, services, valves, maters, plant, wells, pipes, tanks, hydrants, pmips, reservoirs, systema, facility or other property, real or personal, used or useful or having the present capacity for future use in connection with the collection, obtaining, treabnant, supplying and disc ibution 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 necessary appurtenances and equiprent and shall include all property, rights, asserents, licenses and franchises relating to any such system and doused necessary or oonvenient for the operation thereof. (h) "Wastewater System" shall near 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 wastewater effluent and residue for the public and without limiting the generality of the foregoing definition shall erbrace treatment plants, Pnmpfng stations, intercepting sealers, 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 deered necessary or convenient for the operation thereof. (i) "Service" xesns supplying to a user the distribution of Water arid/or wastewater and the treatment thereof. (j) "Hookup and/or Connection" is the connecting of potential user's property m the water and/or wastewater systein in order to utilize the Utility's services. SECTION III GRANrIWG OF FRP14MISE There is hereby granted by the (2ounty to the Utility the row-enclusive franchise, right and privilege to erect, coostcict, operate and maintain a water and/or wastewater system as herein defined within the described territory as herein provided and for these purposes to sell and distribute treated rater and/or Wastewater 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 appurterarces necessary therefore in, along, under and across the public alleys, streets, roads, highway and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for and all other lawful Purposes and subject always to the paramount right of the public in and to such public places. The Utility shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power arca regulatory authority of the Crunty and to such regulation as the County shall hereafter by resolution provide, provided hoWavar, such regulations shall not be inconsistent with the terms hereof. The Utility shall supply the County with copies of its Department of FVimnmental 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 increase fees and charges as it shall find necessary in the exercise of the police power and lawful authority vested in said musty, provided that such regulations shall be reasonable and net 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. SBMON IV TFy1 MIW/�IM ARFA 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 Eddbit "A" attached hereto and incorporated herein. SBMON v_ H= HAl44ESS CLAM It is expressly understood and agreed by and between the Utility and the County that the Utility shall save the County and rtatbers of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence, or intentional wanton, willful and reckless acts on the part of the Utility in the construction, operation or maintenance of the water and/or wastewater 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 Utility may be prosecuted directly by such person against the Utility. The County shall notify the Utility prmptly after presentation of any claim or demand. SE)CHONvi CERTIFICATION OF CCMIl'LIAOM The Utility shall maintain arca operate its water/wastevster plant and system and render efficient service in accordance with the rules and regulations as are or nay be set forth by the Board from time be time, which shall include but not be limited to "Construction Specification for water Treatment/Distribution and Sewage Trea4rent/Collection Facilities" promulgated by Indian River County Utilities Department, July 1980, or as amended. The County shall require the Utility to «reply with the above standards. prior to the issuance of a construction perm t$ the Utility's project engineers shall certify to the County that the design standards as ret forth in said "Ccnstevction Specifications" of Indian River Utilities Department, July, 1990, or as amended, will be met by completion of the project as sham on the plans submitted. The Utility shall cause said certification to be submitted to the Cau:ty along with the Florida Department of Eav£ro:mental Regulation applications and plans, for County review. Submission bo the county for review nay occur sivultaneaysly with submission of said doaments to the Florida Department of Fhviroarental Regulation. Upon approval by the County of the plant and system, a permit shall be issued to the Utility for the construction thereof. Prior be the issuance of a construction permit, certificatim from the Indian River County Fire Department must be obtained certifying fire flow requirements have been net. Upon the completion of all construction of the water and wastewater treatment plants and distribution and o'"llectien systems, the project engineer for the Utility shall certify, under seal, that the system has been constructed substantially in accordance with the plans and specifications previvaly approved and that the systers meet all of the standards required by the County. The certification shall include submission to the County of two sets of "as -built" (as defined by the Canty) drawings, consisting of one set in reproducible vellums and one set of regular blueline prints; and that the systems most 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 and/or wastewater systems. No service is to be provided to customers until such time as the Canty issues a letter of acknowledgment. The issuance of said letter shall not be unreasonable withheld. The Utility shall grant necessary easements to the County without charge to cameo the water and/or wastewater system be the Canty Master Water and/or Wastewater System together with such easements as are necessary to provide access be the water and/or wastewater system, where and if the County makes water and/or wastewater service available to the project. The Utility shall Fay a one thousand dollar ($1,000) franchise application fee at the time of the submission of the franchise application, and agrees to pay all other fees which Wray be applicable during the operation of the system. sWrION VII =IFICATICN OF OPERATIONS MD MIRTFNANCE 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 Indian River County Utilities Department. The manner of treatment and distribution of water and the manner of collection and disposal of wastewater shall at all time be and reiai.n rot inferior to the quality standards for public water distribution and public sewage collection and other rules, regulations and standards now or hereafter adopted by the Uepart�ment of Environmental Regulation of the State of Florida, or other governmental body having jurisdiction, including Indian River County. The Utility shall supply the County with an annual report of operations and maintenance certified by the Utility Engineer who must be registered in the State of Florida. S=ION VIII UPILITY'S A[I1 MITY TO PROKRIS,ATE NECESSM PROCEDURES (a) The Utility shall have the authority to pramrlgate such rules, regulations, terns and conditions covering the conduct of its business as shall be reasonable necessary to enable the Utility to exercise its rights and perform its obligations under this franchise -nd to issue an uninterrupted service to each and all of its conveners; provided, however, that such rules, regulations, terns and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the score shall be subject to the approval of the Board. (b) At all tines herein where discretionary peer is left with the Bones of County Commissioners, the Utility, before discretionary action is taken by the. Board of County Comassioners, can request said Bawd 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 recamendations to the Board of County Cgmdssioners, but such recomendatious are not nandatory. Any arbitration shall be in accordance with the Florida Arbitration Code. Any final decision the arbitrators or Board may have with respect to this franchise can be appealed to the Circuit Court of Lilian River County by either party. E9�MJ?;.fiA All pipes, pumps, hydrants, mains, valves, blvwoffs, sewer main and manholes and other fixtures laid or placed by to Utility for the water and/or wastewater system shall be so located in the dedicated easements in the County after approval by the County Migineer so as not to obstruct or interfere with other uses made of such public places already installed. The Utility shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of to same would be disturbed. In case of any disturbance of county -awned pavement, sidewalk, driveway or other surfacing, the Utility shall, at its own cost and expense and in a manner approved by the Canty Engineer, replace and restore all such surface so disturbed in as good condition as before said work was ccmmnced and shall maintain the restoration in an approved condition for a period of one (1) year. In the event that any time the Canty shall lawfully elect to alter or change the grade or to relocate or widen or otherwise change any such Cnunty-awned 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 obstructions or conditions which are or nay 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 Hoard may terminate such easement or license of the Utility thereto; provided, however, in the event of this termination of easement, the party requesting such termination shall pay to the Utility in advance, its cost of revaval and relocation of the reeved 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. SEKT CN 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 (1900), except to the extent that said provisions are in conflict with the provisions of the franchise. FYaMSC �i:U (a) Subject to the provisions of Section %i (b) the Utility shall furnish, supply, install and make available to any and all persons within the franchise territory making demand therefor, its public water and/or wastewater system, and shall provide such demanding person with its services and facilities; provided, however, that the Board may, upon application of the Utility extend time for providing such service to such demanding person. In the event the Utility fails to provide its services and facilities as a water and/or wastewater system to any area within the franchise territory within the tine specified 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 than being serviced by water and/or wastewater 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 arca make available its public water and/or wastewater system to any person within the franchise area unless the sane may be done at such a cost to the Utility as shall make the addition proposed financially feasible. Financially feasible shall wean 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 miler efficient and economical manage ent. The burden of showing that prospective service to the area is not financially feasible shall be the burden of the Utility. SFX.TION XII TRANSFER OF OWNERSHIP The Utility or its shareholders shall not sell or transfer its plants or systens or stock to another nor transfer any rights under this franchise to another without the approval of the Board. No such sale or tcmafer 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 terra 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 Utility to the Board in writing accompanied by a request frau the proposed transferee, which application shall contain information concerning the financial statue and other qualifications of the proposed transferee and such other information as the Board shall require. A public hearing may be held on such request, of which notice shall be given by publication in a newspaper regularly published in the Canty at least one tine 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 Hoard. 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 u,ressonably withheld. Any sale or transfer by the Utility or partners of the Utility taking place contrary to the terms and conditions of this paragraph shall be considered by the Board W be a default by the Utility under this franchise agceemnt and subject this franchise to termination. =ION XIII ADMQURTE CAPACITY Utility warrants adequate capacity to service existing or anticipated custarers and agrees not th provide water and/or wastewater service unless adequate capacity is available at the time any new connection is made. e SESSION XIV =CE OF AOJUSI OF FATES Upon the initial connection of any customer to the water/wastewater system or upon the recamection of any new, caat to the water/wastewater system, the Utility shall furnish, by moil, a notice setting forth the rate schedule than in effect and further containing the following statement: "The water/Wastewater rates set forth herein have been authorized pursuant to Indian River County Water/Wastewater Franchise Resolution No, as mnended. Said water/Wastewater rates are subject to adjustment pursuant to said Resolution upon proper showing by the Utility. Said rates are also subject to adjusbcent in the event the water/wastewater franchise is teeminatoi and Indian River County ttmmnces to furnish water/wastewater service to your Pr111111ty SEC£ICN %V FATE SCHEDULE The rates charged by the Utility for its service hereunder shall at all times be cotensatory and shall be fair and reasonable and designed to meet all necessary costa of the service, including a fair rate of return on the fair valuation of its properties devoted thereto under efficient and ecommLical manegerent. The Utility agrees that the Canty 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 Canty or any other regulatory body having competent jurisdiction to fix just, reasonable and oaRx:nsatory rates. Wnen this franchise takes effect, the Utility shall have authority to charge and collect, but not to exceed, the following schedule of rates and rate of return, as contained in "Exhibit B" attached hereto, which shall remain effective until changed or modified as herein provided. In setting said rates, the Canty shall be guided by the standards set forth in Florida Statute 387.081 relating to the establishnent of rates and chargee. 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 County Utilities Director. The Canty shall grant rates to the Utility which are just, reasonable and eapensatory, which allow the Utility a fair rate of return on its property, systems and additions thereto. Fates and charges may be mended, Wan proper justification by the Utility. other provisions of this Ordinance deal with the mechanism, 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 'tans. The rate of return shall net exceed twelve percent (128) of the rate base. The Utility shall at any time, when requested by a consumer, make a test of the accuracy of any meter; prior, however, to any teat being made by the Utility, the sun of ten dollars ($10.00) shall be deposited with the Utility by the party requesting such test. Such sun 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 m changed, and should the meter reading calibrate too high, a billing adjustment will be made for no mere 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 mon-emergencies. Cotf=IUN CHPTKE/CAPACITY MM FEE Connection charge is $500 per Equivalent Residential Connection (M) for water and/or Mstenatar service. For the purpose of this rate schedule, an EPC is equal to 350 gallons per day of water and/or wastewater consmptron to be treated. one condominium unit is equal to one EPC. The basis for the coenectim charges and nein extension charges as Set forth herein has been structured by the Utility with regard to two major but variable factored first, the present level of construction mets of distribution and treatment facilities; and second, their degree of treatment Sophistication as prescribed by the Department of Environmental pegulation 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 :ani -annually, with the first such adjustment to be not earlier than January 1, 1984. Any eacalution 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 caparison. Escrow charges and fees as contain in Section xv balm shall be included in the respective connection charges listed above and incorporated therein. FRANCHISE FEE The Utility hereby agrees to pay to the County a franchise fee in the amount of three percent (38) of the Utility's annual gross receipts, (or the sen of five hundred dollars ($500), whichever is greater), derived from monthly service charges to defray the met of regulation 9 G •' and for use of county rights-of-way and public places. The Utility shall pay the 38 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 stateuents. All records and all accounting of Utility shall be in accordance with the Uniform System of Accounts of the National Association of Regulatory Utilities Camdssioners and general accepted accounting principles. within ninety (90) days after close of fiscal year, the Utility shall suhmit financial statevents prepared by a CPA and in accordance with general accepting accounting standards and MUM. Upon demand by the Board the Utility will submit audited financial statevents certified by a CPA. Also, a letter fror a CPA certifying that the three percent (38) franchise fee and the two and one-half percent (21,8) renewal and replacenent account has been collected and disbursed fn accordance with the terns of this Agreement. Sf%•PI(RI XVS Escrow Charges The Utility agrees to pay a fee in the amount of the currently inposed contribution in aid of ccnstructic. for each unit in effect at the time of the issuance of a certificate of Occupancy, as a contribution in aid of colstruction charge (for future correction to County water distributions mains) as provided for in Ordinance 80-21, Section 3, Part B. Utility further agrees to pay a sum per EM for water and wastewater plant capacity charge, as each unit is completed as the future plant capacity charges as provided for in Ordinance 80-22, faction 1 or according to the Ordirancea in effect at the time of the issuance of a certificate of occupancy. The County will establish separate interest bearing passbook for the water and wastewater 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 Sectio, XIV contained herein, using the Canty factor established in Ordinance 80-21 and 80-22. The fees referenced in this Section shall always be reasonable. 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 10 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/or wastewater collection system and furnish water and/or wastewater services to individual custarers within the franchise territory, the sutras of money retaining 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 oonnectim charges to the County. In the event the above condition is not met by the County within seven (7) years from the data of this franchise agreement, the County shall have the following options: (1) Fernand the franchise with all escrowed monies paid to the Utility and further escrows discontinued. (2) The Canty shall have the right to purchase the Utility's water and/or wastewater plant at Utility's original construction costs plus costs associated with capital additions and expansions to the system less three and one-half percent (3ye) depreciation per year. Depreciation on the system shall be calc.lated to start at the time the County issues a letter acknowledging the construction of the water and/or wastewater system as provided in Section W. In conjunction with the water and/or wastewater plants' purchase, the County shall also purchase necessary land areas upon which the plant is located at the than fair market value of the real estate. Upon acquisition of the water and/or wastewater plant and appurtenant real estate, Oxoty would then own the entire water and/or wastewater system and would terminate this franchise and provide water and/or wastewater utility service to the franchise territory. All accumulated escrow fees would vest in the Canty. In regards to the purchase of the necessary land areas upon which the plant is located, the Canty shall first tender its offer to the Utility. In the event the Utility finds the offer inadequate, the County and the Utility shall each select an appraiser to advise the respective parties as to the value of said land areas. In the event, after appraisal, the County and the Utility area still are unable to agree, said appraisers shall select a third appraiser to arbitrate the matter. The matter shall than be resolved in accordance with the Florida Arbitration Code. The decision reached in the arbitration process shall be final and binding on rine respective parties. (3) In the event that the above condition (2) is not exercised by the County within seven (7) years from the data of this franchise agreement, any sons of money remaining in the escrow account shall broom the absolute property of the Utility and the County shall allow the Utility to continue operations in accordance with this franchise agreement. 11 s (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 that the County shall be entitled to a credit against the net purchase price payable by the County to the Utility for the Utility in the minuet of the total escm charges that would have been available to the County, pursuant m the provisions of sub -paragraph (2) stated directly shove, 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 Umrein not have lapsed. (5) In the event of an acquisition by the County, or the utilization of the County's own plants, the County shall receive the water distribution and/or wastewater collection system free Of cost and in good repair, wear and tear excepted. The Utility agrees to grant to the County any easements necessary to Connect the water and/or wastewater eysten to the County's water/wastewater Systems without charge. The Utility shall pay all necessary fees upon acquisition or upon connection to County's own plants. SB=ION XVII piflydm 6 AEK--jMyFSTf PLCh]pRTl' Two and one half percent (2h%) of the gross receipts of the Utility shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or replacemat of the capital assets of the water and/or wastewater system of the Utility. Additionally, the Utility shall initially fund said account with two thousand dollars ($2,000) which will also be reserved for capital maintenance items. Interest shall accumulate in said account until the account reaches twenty five thousand dollars ($25,000); thereafter interest shall be paid to the Utility annually. Said funds shall be used as a sinking fund and applied only for renewal ad/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 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. 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 established herein. In the event the Canty exercises its rights under (2), (4) or (5) above, said food shall vest in the County. In the event that the County purchases the corporation's utility system pursuant W the provisions of this franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. 12 SECTION %VIII INSURANCE 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 the County to be duly notified by the insurer in the event of any modifications or deletions of the insurance as set forth in said Exhibit IV% 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 business standards as established by the Board for the protection of the Canty and the general public and for any liability which may result from any action of the Utility. SECTION HI% 'SUMER COMPLAINTS If any written complaint is filed with the Board by any 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 reques' the Utility to satisfy or remedy such complaint. If the Utility fails, within a reasonable tine, to satisfy or remedy such complaint or objection, the Board may review sane according to 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 nay 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 XX CHANGE IN RATE SCHEDULE Should the Utility desire to establish rates and charges or should the Utility desire to increase any charges heretofore 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 shell pay any rate structure review fee as the County my then have in effect and shall furnish the County with all information requested by the Canty that is pertinent to the proposed new rate schedule. A public hearing shall than 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 Utility feels aggrieved by such order, than Utility may seek review of the Board's action by filing a petition for Writ of Certiorari in the 13 Circuit Court of the County. 'Tile Board shall act on the rate request within ninety (90) days following the public hearing. 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 obtai, any required pexv is from the County authorizing said construction in the same mranmer as peanuts 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 shell be done. SECTION )URI DEFAULT OF FpAN6RSE If the Utility fails or refuses to promptly faithfully keep, perform and abide by each and all of the tans and conditions of this franchise, then the Board shall give the Utility written notice of such deficiencies or defaults and a reasonable tim 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. If the Utility fails to remedy such deficiency or default within a reasonable tine, the Board nay thereafter schedule a hearing concerning the Bane with reasonable notice thereof to the Utility, and after such hearing at which all interested parties stall be heard, the Board may levy liquidated damages of no less than fifty dollars ($50) per day that said deficiency or default exists from the data of said hearing held by the Board; and the Bond may further limit or restrict this franchise or franchise territory or may terminate and cancel the sane in whole or in part if proper reasons thereby are fond 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 Writ of certiorari in the Circuit Court of the county. SEDBION )XIII RIGM OF IAPIDOhl S Nothing in this franchise shall prevent landowners fran 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. 14 It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between the Utility and the County and as such a contractural instrument recognized under the Statutes and laws of the State of Florida. This franchise agreamnt is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. SFLTION XXV NON-PERFOMM E provisions herein to the contrary notwithstanding, the Utility shall not be liable for the non-performance or delay in pecfoxnance of my of its obligations undertaken pursuant to the terns 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. SECTION XXVI IFIIEM OF FRANCHISE AREA The franchise area is intended to be developed as a condcminum developuent with a co dminum association organized pursuant to chapter 718, Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that the Utility nay assign this franchise to such association at any time after its formation, subject to such association agreeing to the terns and conditions hereof and pursuant to the public hearing re3uixarents set forth under Section XII hereof. SFLTIM XXVII If any word, sections, clause or part of this resolution is held invalid, such portion stall be deemed a separate and indepedent part and the score shall not invalidate the ransirder. IN WITNESS WHEREW, The Board of County CamSssioners 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 Crnmissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Comd.ssionses adopted on the 7rh day ofce t>mh>r , 1983. Signed, sealed and delivered MUNN OF IMIAN RIVER; FLORIDA in the presence of: �il/RX fly-f-9-ctad BY Richard N. Bird, Chairman Board A19vnvnd a r � aml lr,9ml" 15 aryi�t. 3ra g �, syiilY Attor Attests J CO2 Clerk PELICAN POINTE mnaTIES, INC., a Florida Corporation, does hereby accept the forgoing franchise, and for their successors and assigns does hereby covenant and agree to ccgly with and abide by all of the terns, conditions and provisions therein set forth and contained. DATID at Vero Beach, Indian River County, Florida, this A 7 day of 5"enhMae2 , 1983. WITNESS: PELICAN POINTE VTILTTIIS, INC. tj� al By `lemon Fos r, resident STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CENCEFY that on this day, before ne, an officer duly authorized in the State and un nd Coty aforesaid to take aclumledge ants, personally appeared VCe(NON {as rr2 , as President of PELICAN POINTE UTILITIES, INC., a Florida Corporation, arid he acknwledged before m that he executed the foregoing ins tnsent for the uses and purposes therein expressed. WITNESS My hand and official seal in the State and County aforesaid this i7 day of 542kMASea, 1983. —Z �"4''-'� blaM & V"'(66 Notary Public, State of Florida at targe My Commission expires: 3//9lyy NOTARY PUBLIC STATE OF FLORIDA My COMMISSION EXPIRES MAR 19 1986 BONDED TIRO SEMINAL INS. NMR. 16 I+woo P wo o`•u; •- �.P NNu w Rocas .°„°Y r Y VWp i i q rr �:A •w v Y .. 1 n'o �''O111 � [L0 lP tr .. N r. CC•. ,�y� ys.J ♦ 3✓.� W;Wf%OPR:�7 t'O n ON n. < 'l4rw ox,• n rr". >RN•rr+r �Oi O OWM }TPN0 YP>y4' 14 aRr MY �vLli ,a .r0aHan9S� •<r<S' o o a I , o n C��n s O •IMtf YYO O ZZ aauw 25 ^>S�YS�Rawe'p ur�sn9�"aPo� rtIB�d4gm'�N"P:••m"'3'•c 77 61- - 6N, y<O $(P�1. wM R'HM �'nH< °$C'oPa 005 p:!woo cm eP�np a' O n O lir O r0 M rO 6 rr p e.��e• fl* []P OK O w pA H O Y >Y� ,+�n r0.. W O ry H w H O OO, R 6 ✓ OO HO O i r1 ] ro R rML +,�•°Rry.•1��..11�o•gro M��SO 0 m�o emo �oaMS.Mo "���'°„ KloY » WFF•'•rpbprrn r OWR-< n o a n c S P 'nn is mmap iNA a.•-r$n�,o Src]l o�/: a P ooy CwvRN aip0�l <' H 0yrq<�r°t pV���5 •Rf ,aja 6' �`r��e5. ' �(�j(5�� Oc N i' EE� eyS rnP•' t0f) • w 6 C O1 O A tS+ P y1 n O M n O n' i Y N�ii �1 •r W; O a'P1 :w -•w 9 o Oy q H P 2 g rr w' nn y S. p u ,M1 PP n •nq1 •r r n • 6 H 000 .[1� P bl b ryW H v q n v_OY7•�O>✓P0Uir, 4ryryP1-' _0M �JO5O •',•OJiJ<. . Y[ '�,'1qo� oPAO ,C r a �+ r.'aK] NaWP b !P,1 vl roN .�nn>++ bPPc nOG rO rp'i< ��()YrVN ��O�NPjp �NOrP. •� � p(Sy'aOfr M w yry n w w NR n0 .,AIry1 dw o'Cc (?YVatry . -+O o O w sO O G 5O R S A WpA o."'n8Sn� Pd»b �Y Y�g o$Rp 5,' xy�-'a ��rw.'o �'>sv %. o� q C b' ,O1 N ry, N .. 'ryr r ry !•ppy ;. '.Ki ,r al O R o ry N , W n n OP a O S 'OJy v P N R (N� Nt N [�• L t1 W _ .ry^ �r O ryv Y (1 p' . C W p ✓1 N9 �N1 V1 Or •n Fp�p, w N W ri O R Rw) W O �/• rn• :OY, M�r< (Ry �•pn P R r pPy, I v m rt [ryY, 5 O w •» a ✓•igA ryTJp N YT O ryW NC O f Y R R. Y O N '1 ? N 5 OI Ow H! O q 1<I T P 2 N R: W N •G' P !J W O• r N '.G) �) O C AdMp»CCV56r) 9nwryP0 <r!j aYq�nsrP �oq0cpyPrpp. mn"wy6.NnZ,Eb)�°ry�N.'i-',G•no»S2j.aoq,OSw!1 't.�N�,6r?�cGI��.�aP ' mNcn. o� .-�mwH<°- ��C:•S '�•.rn.OYKr y oPJNOMr, •Jrys]N� $s -h.0--aoryWR1 - "n6�•PN. .i,esO�S, 9gryO1o <W-,bPOryOi q_o RoPaoa92.9E1.oes m'rsLg]ppr2l . a i6N�qrn) 5.go n&mon Nm�&0 s 'fq t YA No .PPt.o.r 4 EXHIBIT "B" Table 10 Explanation of Rates Type of Charge Description Connection Charges Payable at time a Certificate of Orcupancy is issued for a unit and prior to any service being provided. Base Charge Monthly cost of service payable by all units which have received a Certificate of Occupancy, regardless if service is provided. Wastewater Gallonage Rate Monthly cost of wastewater treatment, payable by all unite which are serviced each month. The cost is based on the gallonage used, expressed in loads of gallons times the rate (minimum of 2500 gallons per month). Irrigation Gallonage Rate Monthly cost of irrigation water which will be paid by all units which have been closed, regardless if service is provided. Water Gallonage Rate Monthly cost of water treatment, payable by all unite which are serviced each month. The cost is based on the gallonage used, expressed by load of gallons times the rate (minimum of 2500 gallons per month). EXHIBIT "B" Table 3 PROPOSED RATE SCHEDULE WATER Connection $250.00 / Unit Flat Rate $11.50 / Mth. Gal. Rate $1.50 / 1000 Gal. Irrigation $0.505/ Unit / Mth. WASTEWATER Connection $300.00 / Unit Plat Rate $11.00 / Mth. Gal. Rate $1.50 / 1000 Gal. Table 4 MINIMUM BILL TYPICAL COST PER UNIT W S WW (2.5 X $) AVERAGE BILL Flat Rate $22.50 W d WW (7500/1000) $22.50 Irrigation .50 $45.50 / Mth. MINIMUM BILL Flat Rate $22.50 W S WW (2.5 X $) $7.50 Irrigation .50 $30.50 / Mth. Whitley & Associates, INc. P. 0. Box 10626 Winston-Salem, N. C. 27108 Pelican Pointe, Inc. C/O Vernon Foster 3890 Old Vineyard Road Winston-Salem, N. C. 27103 , :.: ul PAl IlR blllPr I'. X II 114 I'I' ��C,, D MPANIES AFFORDING COVERACFS � n A The Home Indemnity Company B Stonewall Insurance Company C D I X - Binder 9 RW0283 7-8-84 x A x 1,000, 1,000, x x ,1,000, r -u nrn ouii no_u ii. A x X Binder N RW7883 7-8-84 X •1,000, rrcrsv naswn B x - ! Binds, # 5612466 8-3-64 •1,000, n • Add 1 t.i.onal Insured: Indian River Cecnty, Flo, idc 30 idi.an River County, Florida` r[/o Joyce Hamilton Utilities Division 26th Street- vero Onach, Florida 32960