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Home My WebLink About1983-10940 RESOLUTION No. 83-109 A RESOLUTION Or THE BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY AMENDING THE GENERAL DEVFT.O ENT UTILITIES, INC., WATER AND SEWER FRANCHISE AGREEMU TO PROVIDE FOR THE "PASS-THROUGH" OF INCREASES IN THE COUNTY WHOLESALE WATER RATE AND PROVIDING FOP, THE IMPOSITION OF A FRANCHISE FEE _ AND PROVIDING FOR A MODIFICATION OF THE FRANCHISE AREA. WHEREAS, General Development Utilities, Inc., (Utility) has d ® proposed certain amendments to their water and sewer franchise; and WHEREAS, the Utility's franchise dated May 5, 1960, allows it to provide water and sewer service in a portion of Indian River County; and WHEREAS, the Utility desires to clarify the procedures for the processing of general rate increase applications and to simplify the procedures for the "pass-through" to its customers of rate changes imposed on it by the County under an agreement to purchase wholesale water utility service from the County; and WHEREAS, the Utility desires to revise its franchised territory; and WHEREAS, the County consistent with current policy desires to impose a franchise fee on the provision of water and sewer services by the Utility; and WHEREAS, the County desires to reserve the right to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such fees and charges as it shall find necessary in the exercise of the police power and lawful authority vested in said County; and WHEREAS, after public hearing the Board finds it is in the public interest to amend the franchise to accomplish each of the foregoing purposes; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Ccnnissioners of Indian River County, Florida, that the Resolution dated April 5, 1960, between Indian River County, Florida and General Development Utilities, Inc., as subsequently amended by Resolution 77-95, Resolution 80-15, and Resolution 81-101, is hereby amended as follows: 1. Section 4 of the original resolution is hereby amended to read as follows: SECTION 4 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: 1 All of the East ;� of Section 35, and all of Section 36 of Township 33 South, Range 39 East; and the Southeast of the Southeast ' of Section 30, that portion of the Southwest 4 of the Southwest 4 of Section 29 bounded on the ® East by the Indian River West Shoreline, all of Section 31, and that portion of the West � of Section 32 bounded on the East by the Indian River West Shoreline in Township 33 South, Range 40 East. 2. Section 17 of the original resolution is hereby amended to s• read as follows: SECTION 17 a. Except as provided in paragraph b of this section, should the Utility desire to adjust any charges heretofore established and approved by the Hoard, then the Utility shall notify and make application to the Board in writing, setting forth a schedule of rates and charges which it proposes. Within ninety (90) days after notice as aforesaid, the Board shall hold a public hearing on such request, notice of which shall be given by publication in a newspaper regularly published in said County, at least one time not more than one month nor less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board will approve or disapprove said increase in rates within sixty (60) days after said public hearing. If the Board has not acted within one hundred twenty (120) days after the initial notice by the Utility, then the Utility may forthwith put such amended schedule of rates and charges into effect. If the Utility should raise rates or charges as hereinabove stated prior to action by the Board, the difference between the implemented rates and the previously authorized rates shall be collected under bond and subject to refund for a period of one hundred twenty (120) days. Upon the expiration of said one hundred twenty (120) day period, if no action has been taken by the Board, there shall be no further obligation on the part of the Utility to refund any monies, and the bond will no longer be in force, and the increase in rates or charges shall continue as if the request of the Utility had been granted. If the Board enters an order approving or disapproving the rate increase prior to the time the request is deemed to have been granted, and the Utility or any person feels aggrieved by such order, then the Utility or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. b. If at any time the Utility is purchasing all or any portion of its utility services from Indian River County and redistributing such services to its customers, the Utility's rates to its customers shall be 40 6® autcmatically increased or decreased without hearing, upon verified notice to the Board thirty (30) days prior to the Utility's implementation of the increase or decrease that the rates charged to the Utility by Indian River County or its successor have changed. Before implementing a change in rates under this section, the Utility shall file an affirmation under oath as to the accuracy of the figures and calculations upon which the change in rates is based, stating that the change is designed to increase or decrease the Utility's revenues by no more than the amount of the additional change imposed on the Utility by the County. 3. A new Section 23 is added to the original resolution, as am>?nded, to read as follows: SBCPION 23 Within thirty (30) days after the first anniversary of the effective date of this section and within thirty (30) days after each succeeding anniversary of the effective date of this section, the Utility, its successors or assigns, shall pay to the County or its successors an amount which, when added to the amount of all county taxes, licenses and other impositions levied or imposed upon the Utility's property, business or operations for the preceding tax year, will equal six percent (6%) of gross company revenues (excluding contributions -in -aid -of -construction and connection charges) fran the sale of water and sewer service to residential and commercial customers served by the Utility's systems in Vero Shores and Vero Beach Highlands within the unincorporated area of the County for the twelve fiscal months preceding the applicable anniversary date. The franchise fee shall be collected from, and shall be shown as a separate item on the Utility's bills to its customers. 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 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 six (6) percent franchise fee has been collected and disbursed in accordance with the terms of this Agreement. The County reserves the right to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, 3 Li such fees and charges as it shall find necessary in the exercise of the police power and lawful authority vested in said County. 4. A new Section 24 is added to the original resolution, as amended, to read as follows: SECTION 24 If any word, sections, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, The Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 9th day of November 1983. Signed, sealed and delivered in the presence of: Approved a form aF(legal fide tl Gu - Co ty Aiiori�ey COUNTY OF INDIAN RIVF.Et, FLORIDA BY7��YQ Richard N. Bird; Chairman Board of County. C(mmi.ssioners Attest:-.. Z ` Clerk ACCEPTANCE OF FRANCHISE MNERAL, DEVELOPMENT 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 Damt Vero Beach, Indian River County, Florida, this 4_ day of � l , 1984. 4 40 40 sA STATE OF FLORIDA COUNTY OF IRIDIAN RIVER am ,) t O/F,W/-MM/' I I EBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared GORDON J. PFERSICH , as Senior Vice President: of General Development 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 30th day of January , 1984. Aw",&14� Notary P41ic, State o Vlor:E i:M My Commission Expires: N07ARY PU3LIC STATE O, FLORIDA AT L1RGe' w,r•,nISS10H EY1'11,LS DLC 2 19E15 bV�.v.0 uiry (1111—IL 1145 1 WAj)LRYVRI IERS. 5 1-> 40 •i � O ® ❑ 6 z a O N D m m z N n I2 n m Z o n D m m T ? f4 m o m A