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HomeMy WebLinkAbout1983-108RESOLUI'IOO NO. 83-108 BE IT RESOLVED by the Board of County Conmissioners o f I ndian River County, Florida1 SOCTION I This Resolution s ha ll be kno,m and may be cited as the "BAYSIDE tJrILITIFS WASTEWATER SYSTEM FRANCHISE ". SOCTION II DEFINITIOOS For the purpose of this Resolution, the foll0,1ing terms , phrases , words and their derivations shall have the rreaning givei. herein. When not inconsistent with the context, words using the present tense include the future , words in the plural nurrber include the singular and vice versa. The word "shall " is always mandatory. (a ) "County " is Indian River County Utility Services Deparbrent , 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: BAYSIDE tJrILITI.E.S. (d) "Board " is the Board of County Conmissioners . (e ) "Person" is any person , firm, partnership, association, corporation , canpany or organization of any kind. (f ) "Territory" rreans the area located in Indian River County , Florida outside the corporate limits of any municipality as the sarre is rrore particularly defined and described herein . (g) "Irrigation System" shall rrean and include any real estate , attachrrents, fixtures, impounded water, water mains, services , valves , rreters , plant , wells , pipes , tanks , hydrants , pumps , reservoirs , systans , facility or other property , real or personal, used or useful or having the present capacity for f uture use in connection with the collection, obtaining , treatrrent, supplying and distribution of treated ~ffluent irrigation water to the public for consumption by residential , business or industry and without limiting the generality of the foregoing, shall embrace all necessary appurtenances and equiprent and 1 shall include all property, rights, easeirents, licenses and franchises relating to any such system and deeired necessary or convenient for the operation thereof. Irrigation system shall not include the transmission of potable water for irrigation or any other purpose. (h ) "Wastewater System" shall mean and include any plant , system, facility or property used or useful or having the present capacity for the future use in connection with the collection, treatrrent , purification or disposal of waste\1ater effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatrrent plants, pUIT"ping stations, intercepting sewers, pressure lines, mains, laterals and all necessary appurtenances and equiµrent and shall include all property rights, easerrents, and franchises relating to any such system and deerred necessary or convenient for the operation thereof. (i ) "Service" means supplying to a user the distribution of water and /or wastewater and the treatrrent thereof. (j ) "Hookup and/or Connection" is the connecting of potential user's property to the water and/or wastewater system in order to utilize the Utility's servi ces. SOCTION III GRANTING OF FRANCHISE There is hereby granted by the County to the Utility the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a wastewater and irrigation system as herein defined within the described territory as herein provided and for these purposes to collect, treat, and process wastewater within the territory to distribute for irrigation purposes treated effluent, and, for these purposes to establish the necessary facilities and equiµrent and to lay and maintain the necessary lines , pipes, mains and other appurtenances 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 s ubject always to the paramount right of the public in and to s uch public places. l'he Utility shall , at all times during the life of this franchise , be subject to all lawful exercise of the police ~rand regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide, provided ho,,ever , such regulations shall not be inconsistent with the terms hereof . 2 The Utility shall supply the County with copies of its Departrrent of Envirorurental 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 County, provided that such reyulations shall be reasonable and not conflict with the rights herein granted and not in conflict with the laws o f the State of Florida. The County shall have t11e right, but not the duty, to inspect all construction or installation work perforrred. SECT'ION IV TERRITORY /FRANCHISE ARFA The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the follCMing described boundary lines, to wit: See Exhibit "A" attached hereto and incorporated herein. SECT'ION V OOID HARMLESS CIAUSE It is expressly understood and agreed by and between the Utility and the County that the Utility shall save the County and rrembers o f the Board harmless fran any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting fran 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 fran negligence on the part of the Utility may be prosecuted directly by s uc h person against the Utility. The County shall notify the Utility pranptly after presentation of any claim or demand. SECT'ION VI CERI'IFICATION OF c::a,ipLIANCE The Utility shall maintain and operate its wastewater plant and irrigation system, and, render efficient service in accordance with the rules and regulations as are or may be set forth by the Board fran ti.me to ti.me, which shall include but not be limited to "Construction Specifica tion for Water Treatrrent/Distribution and Sewage Treatirent/Collection Facilities" promulgated by Indian River County Utilities Departrrent, July 1980, or as arrended. The County shall require the Utility to canply with the above standards. Prior to the issuance of a construction permit, the Utility 's project e ngineers shall 3 '" certify to the County that the design standards as set forth in said "Construction Specifications" of Indian River Utilities Departrrent, July, 198 0 , or as amended , will be net by carpletion of the project as shc,,m on the plans sul:mitted. The Utility shall cause said ~-ertification to be sul;mitted to the County along with the Florida Depart:rrent of Environnental Regulation applications and plans, for County review. Sul:mission to the county for review IMY occur simultaneously with sul:mission of said dOCUirents to the F'lorida Depart:rrent of Environnental Regulation. Upon approval by the county of the plant and system, a permit shall be issued to the Utility for the construction thereof. Prior to the issuance of a construction permit, certification fran the Indian River County Fire Depart:rrent 1m.1st be obtained certifying fire flow requirerrents have been rret. Upon the carpletion of all construction of the irrigc tion water and wastewater treatrrent plants and distribution and collection 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 previously approved and that the systems rreet all of the standards required by the County. '.1'ne certification shall include sul:mission to the County of~ sets of "as-built"(as defined by the County ) drawings , consisting of one set in reproducible vellums and one set of regular blueline prints; and that the systems rreet 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 fran the e ngineer , the County will issue a letter acknowledging the construction of the irrigation water and wastewater systems. No service is to be provided to custarers until such tine as the County issues a letter of acknowledgrrent. The issuance of said letter shall not be unreasonable withheld. The Utility shall grant necessary easerrents to the County without charge to conn ect the irrigation water and/or wastewater system to the County Master Water and/or Wastewater System together with such easerrents as are necessary to provide access to the irrigation water and /or wastewater system, where and if the County makes water and/or wastewater service available to the project. The Utility shall pay a one thousand dollar ($1,000) franchise application fee a t the tin~ o f the sul:mission of the franchise application, and agrees to pay all other fees which IMY be applicable during the operation of the system. SECTION VII CERI'IFICATION OF OPERATIONS AND MAINTENANCE All of the facilities of the Utility shall be constructed in accordance with the plans and specifications approved by the Departnent of Environnental Regulation of the State of Florida and Indian River County Utilities Depart.Trent. The mmner of treatnent and distribution 4 .. of irrigation water and the manner of collection and disposal of wastewater shall at all time be and remain not inferior to the quality standards for public irrigation system and public sewage collection and other rules, regulations and standards now or hereafter adopted by the Departirent of Envirorurental Regulation of the State of Florida, or other goverrurental 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. SEC'rION VIII l1l'ILITY 'S AUI'HORITY 'IO POOMULGATE NEX:ESSARY PRXEDURES (a ) The Utility shall have the authority to pranulgate such rules, regulations, tenrlS and conditions covering the conduct of its business as shall be reasonable necessary to enable the Utility t~ exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its cons\.lllErs; 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 sarre shall be subject to the approval of the Board. (b ) At all times herein where discretionary power is left with the Boa.rd of County Ccmnissioners, the Utility, before discretionary action is taken by the Boa.rd of County Ccmnissioners, can request said Board that a group of arbitrators be appointed and such group shall consist of: 1. CoW1ty 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 Ccmnissioners, but such recarrrendations are not mandatory. 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 Indian River County by either party. SEX:TION IX DEDICATED El\SEMENl'S All pipes, pumps , hydrants, mains, valves, blowoffs, sewer mains and manholes and other fixtures laid or placed by the Utility for the irrigation and wastewater system shall be so located in the dedicated easements in the County after approval by the County Engineer so as not to obstruct or interfere with other uses made of such public places already installed. The Utility shall, whe never practicable, avoid interfering with the use of any street, alley or other highway where the 5 • paving or surface o f the sawe wo u ld be disturbed. In case of any disturbance of county-owned pavarent , sidewalk, driveway or other surfacing , the Utility shall , at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was camenced and shall maintain the restoration in an approved conditio:1 for a period of one (1 ) year. In the event that any tine the County shall lawfully elect to alter or c hange 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, rerrove , 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 may becare 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 easerrent or license of the Utility thereto; provided, however , in the event of this termination of easerrent, the party requesting such termination shall pay to the Utility in advance, its cost of renoval and relocation of the renoved facilitie ~ in order to continue its service as theretofore existing, or the County shall retain an easerrent not less than fifteen (15 ) feet in width for the benefit of the Utility and its facilities. SOCTION X SERVI.CE Rml)IREMENTS 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 the franchise. SOCTION XI AVAILABILITY OF SERVICE (a ) Subject to the provisions of Section XI (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 tirre for providing s uch service to such demanding person. In the event the Utility fails to provide its services and facilities as an irrigation and/or wastewater system to any area wi thin the franchise territory witl1in the tine specified by the Board, then in such an event, the County !l>aY, by resolution of the Board, limit, restrict and confine the territory to that area then being serviced by the irrigation and/or wastewater system by the Utility or s uch greater area as the Board shall determine; and thereafter, the 6 ' . territory shall be only the area set forth, in the resolution adopted by the Board. (bl The Utility shall not be required to furnish, supply, install and IMke available its public water and /or wastewater system to any person within the franchise area unless the sane may be done at such a aost to the Utility as shall IMke the addition proposed financially feasible. Financially feasible shall rrean 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 econanical managerrent. The burden of shading that prospective service to the area is not financially feasible shall be the burden of the Utility. SOCTION XII TRANSFER OF CMNERSHIP 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 until the vendee, assignee or lessee has filed with the 13or _d an instrurrent in writing reciting the fact of such transfer and accepting the tenns 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 assignrrent shall be given by the Utility to the Board in writing acccnpanied by a request fran the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board shall require. A public hearing may be held on such request, of which notice shall be given by publication in a newspaper regularly published in the County at least one ti.Ire not rrore than one rronth or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board shall act within ninety (90) days upon such request. The consent by the Board to any assignrrent of this franchise shall not be unreasonably withheld. Any sale or transfer by the Utility or partners of the Utility taking place contrary to the tenns and conditions of this paragraph shall be considered by the Board to be a default by the Utility under this franchise agreerrent and subject this franchise to termination. SOCTION XIII ADOOUATE CAPACITY Utility warrants adequate capacity to service existing or anticipated custarers and agrees not to provide irrigation service and/or wastewater service unless adequate capacity is available at the tin-e any new connection is made. 7 SECl'ION XIV NJI'ICE OF AIXJUS'IMEm' OF RATES Upon the initial connection of any custcrrer to the irrigation or wastewater system or upon the reconnection of any new custarer to the irrigation/wastewater system, the Utility shall furnish , by mail, a notice setting forth the rate schedule then in effect and further containing the following statenent: "The irrigation or wastewater rates set forth herein have been authorized pursuant to Indian River County Irrigation/Wastewater Franchise Resolution No. _____ as arrended. Said irrigation/wastewater rates are subject to adjustrrent pursuant to said Resolution upon proper showing by the Utility. Said rates are also subject to adjustrrent in the event the irrigation/wastewater franchise is terminated and Indian River County carrrences to furnish irrigation/wastewater service to your property." SECI'ION 'IN RATE SCHEDULE The rates charged by the Utility for it~ service hereunder shall at all tirres be ccrrpensatory and shall be fair and reasonable and designed to maet all necessary costs o f the service, including a fair rate of return on the fair valuation of its properties devoted thereto under efficient and econanical managerrent. The Utility agrees that the County has the authority to enter into this Franchise Agreerrent 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 l:x:x:ly having canpetent jurisdiction to fix just, reasonable and canpensatory rates. When this franchise takes effect, the Utility shall have authority to charge and collect , but not to exceed , the following schedule o f rates and rate of return, as contained in "Exhibit B" attached hereto, which shall reirain effective until changed or rrodified as herein provided. In setting said rates, the County shall be guided by the standards set forth in Florida Statute 367.081 relating to the establishrrent 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 County Utilities Director. The County shall grant rates to the Utility which are just, reasonable and canpensatory, which allow the Utility a fair rate of return on its property , systems and additions thereto. Rates and charges may be airended, upon proper justification by the Utility. Other provisions of this Ordinance deal with the rrechanisms of the setting of rates and charges. 8 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 twelve percent (12%) of the rate base. •rhe Utility shall at any tirre, when requested by a cons\.lll'er, make a test of the accuracy of any neter; prior, however, to any test being made by the Utility, the sum of ten dollars ($10.00) shall be deposited with the Utility by the party requesting such test. Such sum shall be returned if the test shows the neter to be inaccurate in its delivery. If the neter is inaccurate, the neter will be repaired or changed , and should the neter reading calibrate too high , a billing adjustment will be made for no rrore than the past six rronth' 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 tirres as will cause the least arrount of inconvenience to its consl.lll'ers and, unless such repairs are un foreseen and imrediately necessary, :i.t shall give not l ess than five (5) days' notice thereof to its consl.lll'ers for non-energencies. CONNECTION CHARGE /CAPACITY DENAND FEE Connection charge is $500 per Equivale nt Residential Connection (ERC ) for water and/or wastewater service, For the purpose of this rate schedule , an ERC is equal to 25 0 gallons per day of water and /or wastewater consumption to be treated. One condaninium unit is equal to one ERC. The basis for the connection charges and main extension charges as set forth herein has been structured by the Utility with regard to two ma jor but variable factors; first, the present level of construction costs of distribution and treatrrent facilities; and second, their degree of treatrrent sophistication as prescribed by the Department o f 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 adjustrrent to be not earlier than January 1, 1984. Any escalution shall not exceed the percentage difference between said construction cost index for the base period ending September 30, 1981, as cooipared with the period o f cooiparison. Escrow charges and fees as contain in Section YN below s hall be included in the respective conne ction charges listed above and incorporated therein. FRANCHISE FEE The Utility hereby agrees to pay to the County a franchise fee in the arrount of six percent (6%) of the Utility 's annual gross receipts, 9 (or the sum of five hundred dollars ($500) , whichever is greater) , derived franrronthly 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 statenents. All records and all accounting of Utility shall be in accordance with the Uniform System of Accounts of the National Association of Regulatory Utilities Corrrnissioners and general accepted accounting principles. Within ninety (90) days after close of fiscal year, the Utility shall sutmit financial staterrents prepared by a CPA and in accordance wit11 general accepting accounting standards and NARUC. Upon demand by the Board the Utility will sutmit audited financial staterrents certified by a CPA. Also, a letter fran a CPA certifying that the six percent (6 %) franchise fee and the two and one-half percent (2 ½%) renewal and replaceirent account has been collected and disbursed in accordance with the terms of this Agreerrent. SECI'ION XVI Esera.., Charges The Utility agrees to pay a fee in the arrount of the currently inposed contribution in aid of construction for each unit in effect at tlle tirre of the issuance of a certificate of occupancy, as a contribution in aid of construction charge (for future connection to County water or wastewater collection systems ) as provided for in Ordinance 80 -21, Section 3, Part B. Utility further agrees to pay a sum per ERC wastewater plant capacity charge , as each unit is canpleted as the future plant capacity charges as provided for in Ordinance 80-22, Section 1 or according to the Ordinances in effect at the tirre of tlle issuance of a certificate of occupancy. The County will establish separate interest bearing passbook for the wastewater system and will deposit all escrow charges paid for any and all connections in this franchise. The fees referenced in this section are sub j ect 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. 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 tirre upon request irade by it to the County. (A) Should the County at any tirre within the ensuing seven (7) years provide a wastewater collection system and furnish wastewater services to individual custarers within the franchise territory, the sums of rroney remaining in said account consisting of plant capacity 10 charges and contributions in aid of construction charges shall becorre the absolute property of the County and the Utility shall have no rights thereto. In s uch event, the Utility shall be absolved fran the obligation of payirent of further connection c harges t o the County. I n the event the above condition is not rret by the County within seven (7 ) years fran the date of this franchise agreerrent, the County shall have the following options: (1) Extend the franchise with all escrCM:!<i nonies paid to the Utility and further escrows discontinued. (2) The County shall have the right to purchase the Utility's 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 (3½%) depreciation per year. Depreciation on the system shall be calculated to start at the tirre the County issues a letter acknowledging the construction of the wastewater !:'Jstem as provided in Section VI. Upon acquis ition of the wastewater plant and assignrrent of the license agreerrent, the County \<K>Uld then own the entire wastewater system and =uld terminate this franchise and provide wastewater utility service to the franchise territory. All accumulated escrow fees would vest in the County. Utility warrants that it has a possessory interest in the real property on which the plant is located evidenced by that certain license agreerrent dated April 19, 1983, attached hereto as Exhibit "A". Provisions of this franchise to the contrary notwithstanding, should the County elect to acquire the system, said lice nse agreerrent shall be assigned to Indian River County (or a taxing unit thereof) without consideration being given the refore and the County (o r its taxing unit) shall assurre the obligations under said license agreerrent. (3) In the event that the above condition (2 ) is not exercised by the County within seven (7) years fran the date o f this franchise agreerrent, any sums of ITOney r=ining in the escrow account shall becorre the absolute property of the Utility and the County shall allow the Utility to continue operations in accordance with this franchise agreerrent. (4) The County s hall 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 sarre formula in this sub-paragraph (2) above except that the County shall be entitled to a credit against the ne t purchase price payable by the County to the Utility for the Utility in the aITOunt of the total escrow charges that =uld 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, s hould the seven (7 ) year period referenced therein not have lapsed . 11 (5) In the event of an acquisition by the county, or the utilization of the County 's own plants , the county shall receive the irrigation distribution and /or wastewater collection system free of cost and in good repair, wear and tear excepted. 'I'he Utility agrees to grant to the County any easerrents necessary to connect the irrigation or wastewater system to the County 's water/wastewater systems without charge. The Utility shall pay all required fees upon acquisition or upon connection to County 's own plants. Upon connection to County 's system, Utility may utilize any escrowed tronies for the purpose of payrrent to the County for impact or connection fees. SECT'ION XVII RENEWAL & REPI.ACEMENI' ACCOUNT 'lwo and one half percent (2½%) of the gross receipts of the Utility shall be placed in an interest bearing renewal and replacement account for purposes of renewal and /or replacement 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 .mtil the account reaches ten thousand dollars ($10 ,000 ); thereafter interest shall be paid to the Utility annually. Said funds shall be used as a sinking fund and applied only for renewal and /o r 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 arrended after review by the County as necessary to maintain a suffici ent 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 County exercises its rights under (2), (4 ) or (5) above, said fund shall vest in the 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 s hall vest in the County. SECT'ION XVIII INSURANCE The Utility shall at all tirres maintain public liability and property damage insurance in such atrounts 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 trodifications or deletions of the insurance as set forth in said Exhibit "C ". Said atrounts shall be adjusted by the Utility, as shall be required from tirre to tirre by the Board in accordance with good business 12 practices as detennined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result fran any action of the Utility. SEX:TION XIX CONSUMER a:M'IAINl'S If any written canplaint is filed with the Board by any i:ersons serviced by the Utility under this franchise , the Board shall first determine whether reasonable cause exists with respect to said COTplaint. If the Board finds reasonable cause does exist, the Board shall so notify the Utility and request the Utility to satisfy or ren-edy such carplaint. If the Utility fails, within a reasonable tine, to satisfy or ren-edy such ccrnplaint or objection, the Board may review sarre according to the provisions hereof. If the Board enters its order pursuant to such hearing and the Utility feels it is a~Jrieved 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 prcrnptly carply with the order of the Board. SEX:TIOO 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 shall pay any rate structure review fee as the County may then have in effect and shall furnish the County with all inforrration requested by the County that is pertinent to the proposed new rate schedule. A public hearing shall then be held on s uch request, of which notice shall be given by publication in a newspaper regularly published in said County at least one tine not rrore than one rronth or less than one week preceding such hearing . Certified proof of publication of s uch notice shall be filed with the Board. Said hearing may thereafter be continued for a reasonable tine as determined by the Board. If the Board enters an order pursuant to such hearing and the Utility feels aggrieved by such order, then Utility nay seek review of the Board's action by filing a petition for Writ o f Certiorari in the Circuit Court of the County. •rhe Board shall act on the rate request within ninety (90) days follCMing the public hearing. S~'ION XXI CONSTRUCTION PERMITS Prior to the Utility placing any of its facilities in any of the public places as herein authorized , the Utility s hall make application to and obtain any required permits from the County authorizing said construction in the sarre nanner as permits are authorized in the County 13 ,, .. for the use of the public road:;; as shall now or hereafter be established by regulations of the County. The County shall have the right when special circumstances exist to detennine the t:iJre during which such construction shall be done. SEX:TION XXII DEFAULT OF FRANCHISE If the Utility fails or refuses to prarptly faithfully keep, perfonn and abide by each and all of the tenns and conditions of this franchise, then the Board shall give the Utility written notice of such deficiencies or defaults and a reasonable t:iJre within which the Utility shall reiredy the saire, which notice shall specify the deficiency or default. If the Utility fails to rerredy such deficiency or default within a reasonable t:iJre, the Board may thereafter schedule a hearing concerning the sane with reasonable notice thereof to the Utility, and after such hearing at which all interested parties shall be heard, the Board may levy liquidated damages of no less than fifty dollars ($50) per day that said deficiency or default exists fran the date of said hearing held by the Board; and the Board may further limit or restrict this franchise or franchise territory or r,ay tenninate and cancel the sarre 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 Writ o f Certiorari in the Circuit Court of the County. SEX:TION XXIII RIGHTS OF IANDCWNERS 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. SEX:TION XXIV CXNl'RACI'UAL AGREEMENT It is specifically agreed by and be~en the parties hereto that this franchise shall be considered a franchise agreerrent between the Utility and the County and as such a contractural instrurrent recognized under the Statutes and Laws of the State of Florida. Thi s franchise agreement is not intended to creat e rights or actions running in favor of third parties, except as herein specifically provided. SEX:TION XXY t-X:N-PERFORMANCE 14 Provisions herein to the contrary notwithstanding, the Utility shall not be liable for the non-perfonrance 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. SFX:I'ION XXVI lN1.'ENI' OF FRANCHISE ARFA The franchise area is intended to be developed as a condcrninum developrent with a condaninum association organized pursuant to chapter 718, Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that the Utility rray assign this franchise to such association at any tirre after its forrration, subject to such association agreeing to the terms and conditions hereof and pursuant to the public hearing requirerrents set forth under Section XII hereof . SFX:I'ION XXVII EXEX:l1I'ION OF FRANCHISE If any word, sections, clause or f.ilt of this resolution is held invalid, such portion shall be deaned a separate and independent part and the sarre shall not invalidate the remainder. IN WITNESS WHERIDF, The Board of County Coomi.ssioners of Indian River County, Florida has caused this franchise to be executed in the narre of the County of Indian River by the Chairrran of the Board of County Carmissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Carmissioners adopted on the ~ day of November , 1983. Signed, sealed and delivered in the presence of: COUNTY OF INDIAN RIVER, FLORIDA By ~ , . . Richard~:, .. Bird, Chairman Board o f County Carmissioners ACCEPI'ANCE OF FRANCHISE BAYSIDE Ul'ILITIES, a Florida Partnership, does hereby accept the foregoing franchise, and for their successors and assigns does hereby covenant and agree to canply with and abide by all of the terms, conditions and provisions therein set forth and contained. 15 ::!!TED at Vern Beach, lndian River County, Florida, this /6 day O~t>•' 1 1983, WI'IWFSS: / ~" .. >--· -/;, t(.,/ -------e-~··~ p ~vt-z:,.... #•· ·- / C_i,t~J.dh c fl~ v{M?~,e,R~ aM1uGJ ~c:AJ.? STATE OF FLORIDA COUNTY OF INDIAN RIVER BAYSIDE l1rILITIFS By By President, Partner I HEREBY CERTIFY that on this day, oefore me, an officer duly authorized in t h e State and County aforesaid to take acknowledgments, personally appeared RICHARD G, SCHAUB, JR. as President of OCEANSIDE UTILITIES, INC,, a Florida corporation and he acknowledged before me that h e exec uted t h e foregoing instrument for the uses and pur- poses therein expre~Red . WITNESS my hand a n d official seal in the State and County afore- <,;"1:i aid this ...li2:_ day of December, 1983, \ . ,I \ STA'I'E OF FLORIDA COUN'rY OF at Large My Commission Expires: tlotary Pubk Stat e of Aorida t,\y Commission Expires Nov, 21, 19 86 eond•d Bt Ohlo Cuu111, ln1uian r.o Co ! I HEREBY CERTIFY that on this day, before me, an officer duly autho riz~d in the State a nd Co~nty a[ore~aid to lak e acknowledgments , personally appeared ROBERT A. CAIRNS, as President of BENT OAK UTILIT IES , INC., a Florida corporation and he acknowledged before me that h e exec u ted the fore9oing instrument for the us es and purposes therein expressed. WI'I'NESS •~Y )land and official seal in the State and County afore- said this _2_~ day of December, 1983. ... 4-1~ f~rida ~l: My Commission Expires: t!:,lary !',,! !ic. $l ate ol 11orido l'"'I • .. ·! .. r j-::• i.1. :.~f~rn~ Aug, 5, l?tJ.6 ., .. ,, ... ,.,. 1,,~ .i.i, ,11uuuc.., 1,t c. 16 . :. . _,. ... ·,. . :itit\ , . . ~:: :-:: -:: .• ~ . ., . .,"' .· .. ·"':, . . ,. ·. I ~ f' _. iTEWATER ·•··TREATMENJ i ~_~(·_ .. _. ,'. ~~-. ~----. ::, . • • _ .... ' ... . ·,• ~ ·=:t. ~\l'f'...:.r.1:~_: .. --._~-~-----.· __ ._ . .,_. __ 11111111~~---..,,·-·"'t"~~---------------......... ~' ... N ~\ t ~\ ", ~, \\ \ \ \ . \ I PARCEL 1: PARCEL 2: PARCEL 3 : PARCEL 4: DESCRIPTION OF FRANCHISE AREA tNDIAN RIVER COUNTY, FLORIDA All of Government Lot 1, Section 36, Township 31 South, Range 39 East All of Government Lot 3, Section 25, Township 31 South, Range 39 East The North 809.15 feet of Government Lot 11 (m easured along west boundary line) Section 26, Township 31 South, Range 39 East The North 660 feet of Government Lot 10 (me asured along the East boundary line ) Section 26, Township 31 South, Range 39 East I. I I. Co nn ectio n Ch arg e Base Ch a r ge III . Usage Charge RAT E SC HEDUL E BAYSI DE UTILITIES SE WER SER VICE $5 00 .0 0/un it 15.00 /u nit I V. Irrigation Use Ch arge 1. 50 / 1000 gal .50 /1 000 gal I. Connectio n Charges -Paya b le at time a Certificate of Occu p ancy II. Bas e Ch arg e III . Usa ge Ch arg e is issued for a un it a nd prior to a ny ser vice b ei n g prov i d e d. Monthly cost of ser vic e payabl e by all unit s whic h h a v e received a Certificate o f Occupancy, r ega rdl ess if servi c e is provid e d . Monthly cost base d on 80% of wate r co n s umption. A minimum of 3 000 gal lon s p er month will b e assessed to a ll unit s whi c h h ave received a Certificate of Occ up a ncy. I V. Irrigatio n Use Ch arge-Monthly costs for i rri ga tion wa t e r (tr eate d eff lu e nt) is b ase d upon quantiti es s uppli e d as det er min e d by me t e r at pl a nt site . Total c o s t to b e charged e qually a n d pro rata to a ll unit s which are connected to th e system a nd on whi c h certificates of occupancy h ave b ee n issued. ANl) Al>t>kl iS Of A.GlNCY ED SCHLITT AGENCY, P. 0. BOX 6007 VERO BEACH, FL. 32960 ::1,~1;:,•• A FIREMAN'S FUND AMERICAN ---------i lllMl 'AfH B lllllll --·---------. ------------------------- NAMl ANU ADDRI 'iS Of IN !,Ulil 11 LUM l'Al"iV C 1111111 BAYSIDE UTILITIES, A GENERAL PARTNERSHIP (OCEANSIDE'UTILITIE S, INC. & BENT OAK UTILITIE I NC. , PARTNERS) ----------------------------- \uMl'ANY D tllllll c/o RICHARD SCHAUB, JR. 8400 NORTH AlA VERO BEACH, FLORIDA 32960 ------· ---------------------------- 1·11MPAtn E tlllllf Thi5 II to certify that polic101 of in1uumce 115.ted below h ave l>et!11 15.\u ed 10 lhtl m ~u rtKJ named ubov~ and aro 111 lotrn al lh1\ luno Nolw1lh5.land1nai d11y ,oquiroment te rm Of cond1tton ot 1 ny tontract o, othor document with respec t 10 wh1th 1h11 ce1t1hcate m Jy t>tt 15.~ued or may pe na111 , the m:.u,1nce allOfded by the ~1c1e1 dcnwbcd herein 11 1ubJecl l o 111 the 11,m1, txCIU lionl and condlllonl ol IUC h Pol!ael. COMPAhY L((llH A 1 VP( or IN~UHA.t-«"I GENEIIAL LIADILll Y [!) COM PR( 11[NSIV[ rom-A IB] PHfMISf5 -0Pl 11Al IUN S □ UO.,LO S ION ANO COll AP~I □ tJN~):/:c:UNU t1A./AI/II D PHODlJCJSICOM ... llllll □ co°:/R":.:',1~~~ 11~:~~::~l □ llUOAU ronM PflOPf UIV (K] lNI~:::.:G!NI CONTl1N.,l tlH'J □ Pl R~ON.\l IN JUIO' POLL\ t fUIMlJIII II BOUND II ---+----------+---------------------·-· AUTOMOBILE LIABILITY □ CUMl'IH t1LN S IVI OuWNrn 0111'1'lU □ t~UNOV-t◄IO I IJIIM EXCESS LIABIL ITY -------·- 0 UMHHHLA I OHM □ UIIUfllt11.NllMIU~llA ltJHM IIIIOIIU.Ri' CO MPfNSATION and EMPLO YER S' LIAUILITY ---+---- OTHER ·--··-----·-·•. l)(Sl.HIPflOft Of OPtRA I ION:itUX'A l tONWlllK:Ll::> 1'111 H T (A1 1/IIA1 111 "1 HAIi 05-18-8 3 t 06-18-83 B0D1L Y ltUUliY J'llllt'llll Y IIAM At.l e onn y IUJUHr ANI) PHOPI 111 Y UAMAra CllMIIINI lJ UUIIH 1 IN Jl/111 ti AC It P l H~IUH llUl ltl Y lfHIHIY ((ACtt ACf'll1lN I ► l 'lftJl'III I V IIAMAt,1 1,000 --------•---t ------ll Ll flU V tNllJUV ANIJ l'UOl'l 111 Y IIAM A<;1 I UM lllt~ll1 UO \JII Y lhJ\IIIY AMI Sewer Plant for servicing a 250 unit condominium complex . 1,000 Cancella Uon: Should any of the o..1bove l.lt·su 11>1•<1 puhue s LH! c,u1t.dlf?tJ h c lw e ll n· cxµ1ra t,on cJ..1te lhe reol , lhe issuing con,- pany w ill endeavor to n1ad ___ ll.iy~ wr111e11 111Jltt.e 10 1111 • h1:l ow n a ,ned ce r11f1 cate t1 u tller , but t a 1lur e to mail ~ucn nu11cc st1c..1II 1111p use no 01J llgat1 o n or lidh1llly ol ~111y h11H I upon Ille c o,npdny . NAMI I~~r~f ~i~it:i~·~~·nON BUILDING ] 1432 -21st STREET VERO BEACH, FLORIDA 32960 ----· ·----·-------~ -· -. 5-18-83 LICENSE AGIU•:t:HENT THIS LICENSl!: J\GREEMl-:N'r entt:!red into this 19th day of. April , 19113, 1.Jy a between BAYSIDE U'l'ILI'l'Y, a Florida. general partnership, (h2re lnafter referred to aa •LIC&IISBIS°)-, · and kOBERT A. CAlkNS, Trustee (hereinafter rof rrmd to ~••- • LICENSOR• I , WHEREAS, Licensee iu d Plurida corporation organized for tho purpouel:I o t develupiny, cunut ruct1n~1 ,rnd opt.rating a waatewater treatment s y stem l:lervicincJ a fr,1nchi11e territory All ia aoro specif ically described on Exhiuit MA• attached h ere to, and Wtllrn.EAS, Li censor iH the owner of that certain rea l properly debcribed hereto, which property w1ll compri11e plant site, and fe.e simple tit le in and to on Exhiuit Ne• attached the wa11tewater troat111111nt. WHEREAS, Licensor lid:; dfJreed to grant a l icen11e to Licensee granting Licensee tho r iqht to use the real property of Liceneor, pursuant to tho term11 a nd proviuiuns 11et forth belcw, FOR AND CONSIDEHA'rlON OP 'rtl E SUM OF TEN DOLLARS ($10,00) ANO OTHER VALUABLE CONSlO~llA'l'lONS, IT IS AGREED AS FOLLOWS, l. Licensor grants Licensee an exclusive license to posse1i11, occupy and use the property descril.Jed on t:xhibit •e• attached hereto for t h e purpo11e of installing and conatructing thereon a waatewater treatment plant and yat.e• and aseociAteA facilities. 2. Said lice nee iihil l l ninuncnce upon the i sauance of an India n Hiver County Ut.1l1ly t'ranc:hiue to Liconitoo and ahA ll tt1r11111\at.c at uuch t1mu .su 1;,11d l''"l'en:y i11 no longer utili zed tor t he purpoatS of ma1ntainin11 ,rnd oper a ting a wastewat.er troataant system. J. There shall l>e pct id tu t he Licen s or, a n annual lic•n•• fee , the firs t. such fee :.;h,ll 1 I.le due and payable one year ' from the date of this Agreemont. '!'he license feu shall be calculated •• foilows: A. 1-'or the lirnt. hvo (',) years of thie Agreement, the market value uf llw property shall be deeme d to be FIJ'TY THOUSAND OOLLAHS (S',0,000.001 per acre. 8, The a mount. of lic:en t1e fee shall be determined by multiplyinq thu m,.irk et. value of the proparty tilll811 12, a nd thereatter multiplyin«J the product by a fraction, the numeral.or ol which t.1hull b oq uai to the number of connectiont.1 exit..t 1111J J!J at the date the fee 1111 duo ,and the denominatuc-ul which t.1hali be 300 provided, how ever , that for puq,oseu of computing the foe, the numirator shall never exceed JOO, C, The mdrket valu e of the property shall be re-apprai1:1ed t1u .. :, t u dl!t ermlne it11 new mArket v alue 110 of the f i1•at. ddy ul' the sixth yeAr ot' this Lioonae A«Jreement and each a nd every five years thereafter, The new market v,dul, :;11,lll IJ c determined by MAI Appraisal, :,Jicl MJ\I Ai,l'r,,i,,,.,· 111 L<! mutudlly litdcctt,d by Licenuor uml Lice11i;cc. 'l'l1c co"t of the initial appraiual and ali subattquent appc-J15ali; tihall be shared equally 'by Licensor Mid l,icen!we. 'l'he appraiser will arrive at the market v,llue of the i,roperty bctsed upon itu v&lu ' ae undeveloped reuidential p roperty. EXllllll'r G • • I .. d w l q 4, The 12\ percentage rate referred to above shall be adj usted at the same time the property is re-appraised. The increase or decrease in the previously established percentage rate . shall be equal to the difference between the previously established percentage rate of the prime lending rate being c h arged by Chase Manhattan Bank, New York City, as of t h e date the new rate is establish ed and said difference shall then be divided by 2, For illustrative purposes, assume that on the date the new rate is determined, the Chase Manhattan Bank is charging a 151 prime rate. Further assume that the previously established rate is 12\, The n ew rate would be 13~% (15% minus 12\ divided by 2), In no eve n t s h all t h e newly determined percentage rate be in excess o f 18% nor less than 9%, 5. Licensee may assig n this License Agreement to Indian River County (or a taxing uni t t h e reof) without the consent of Licensor. Licensee rights hereunder are otherwise assignable only with the prior written consent of the Licensor, which consent will not be unreasonably wit hheld, 6, Licensee shall pay, when due all charges relating to the construction on any improvements (which could give rise to liens) on the licensed property and shall indemnify and hold harmless Licensor from any and all claims arising in connection therewith, Further, Licensee shall, at all times, comply with the terme of the Indian River County Utility Franchise and all other applicable· ordinances, or other governmental rules and regulations, Specifically, without limitation, Licensee shall at all times . maintain liability insurance in accordance with said Franchise and Licensor shall be named as an additional insured. 7 . Licensee shall be responsible for the payment of all real and personal property taxes when due. Taxes for the year 1983 sha ll be prorated to the date of this Agreement on appropriate· basis as determined by the Indian River County Property Apprai ■a r. 8. In the event Licensee fails to p a y the license fe e wh o n du e , Licensee sha l l have thirty (30) days a fter receipt of notice · of non-payment from Licensor within which to pay said fee in full, If Licensee fails to pay said fee within said thirty (30) da y pe r iod, a penalty shall be imposed equal to 200% of the license fee due, If Licensee fails to pay said fee togethe r with said pena lty within sixty (60) clays thereafter, in addition to such othe r legal r em e die s as Licensor ma y have, Lice nsor may de cla r e this License Agreement to be terminated and Lice nsee sha ll vacate the property, With respect to other monetary defau !ts. or non-monetary defaults, License e shall h a ve sixty (60} d a ys following delivery of notice from Licensor specifying the de fault within which to make payment or cure the defa ult and if License e fails to do so, Licensor may pursue any legal remedies available to Licensor or, Licensor may terminate th i s License Agree ment in which event Licensee will immediately vacate the pre mises, 9. Where notices required to be given hereunder, notice shall be deemed sufficient when mailed to L~censor or Lice nsee a t the addresses set forth below, certified mail r e turn r e ceipt requested, Notice shall be deemed complete on the date tha t delivery is noted on the return receipt or the date which the U,6 . Post Office indicates on the reture receipt that delivery c a nnot be made, Addresses for Licensor and Licensee are as follows: OCEANSIDE UTILITIES, INC. 84 00 North A-1 -A Vero Beach, Florida 32960 BENT OAK UTILITIES, INC, 1010 Exec u tiv e Drive Orlando, Fl o rida 32803 l WITNESSES: STATE OF FLORIDA, COUNTY OF INDIAN RIVER /.... 4 '/) I HEREBY CERTIFY that on this f?iA day of &rftLV , 1983, an officer duly authorized in+tliestate andci n yafore ■ald to take acknowledgments, personally appeared RICHARD G, SCHAUB, JR\ Well known to me to be the Prr-3ident of the corporation named as OCEANSIDE UTILITIES, INC., being the managing partner of BAYSIDE UT ILITY, a Florida general partnership, in the foregoing t instrument, and that he acknowledged executing the same, in the · presence of two aubscribing witnesses, freely and voluntarily under authority duly vested in him by said corporation and that t he seal affixed thereto is the ture corporate seal of said cor- ... ~ration. _,···\•"..;. -. ··W,ITNESS my hand a nd official sea.,. in t': County a nd State f,it.·, ~1\Yo:,t1f.o.resaid this 1q"f-11,_ day of b/i:.,114,'£. , 1983. t ._. ._.o• ,0Jo .-/ £J..· LI \ "'vc.1_, ' Notfi~~e "if"ip.{~a at Large \ , .., · ,-Notary Public, Stele of Florida •·•,,:?.,:,-·'.', .· · My Commission Expires 'Mx Commi uion bpi,11 Nov. 21 , 1986 ~-. ~~IQ It Qhtg "'416alrv la.1utac. C.., STATE OF FLORIDA, COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this /~~ay of ~'L, , 1983, before me, an officer duly autfiorized in t~tate aforesaid and in t~ounty/1 a~~esa~~~ take acknowledgments, personally appeared ,"f l. _'!.(44~ to me known to be the person descri~l'l an w oecuted the for going instrument and ~ executed the same, My Commission Expires: · IIQl~Y JilJel.lC STATI Of n0R IOA AT 1.AkGt -~ -~ __ ;_~.'--.--~_':./". MY COMM I SS I ON EXP I RES JUNE 10 · 1}185 --.. • • OONDED THRU GENEAAL INS . UNDERWAJTm _... STA'rE OF FLORIDA INDIAN RIVER COUNTY BAY'l'REE U'l'lf,['l''i sr·rE SEC TION 25, TOWNSHIP 31 SOUTH, RANGE 39 EAST A portion of Government Lot 3, of Section 25, Township 31 South, Range 39 East, said land lying a nd being ir Indian Ri v er County, Florida, being mor e particularly described as follows : Comm nee at the Northwest cor ner of Government Lot 3, of Section 25, Township 31 South, Range 39 East, thence run South 89°47'30" East, 321,86 feet to the Point of Begi nn ing; t h ence continuing al ong th e North line of Government Lot 3, of said Section 25, a distance of 360.00 feet to a point on a non -tangent c u rve concave to the Southwest, a tangent line bearing Sou th 24°51'58" East, said curve a lso being the West right-of-way of State Road A.l,A,, thence continuing Southeasterly along said cur ve to the right, having a ce nt ral a ngl e of 00°05'14", a radius of 5,693.88 feet, a distance of 8,67 feet; thence continuing alo ng the West right-of-way of State Road A.l.A. South 24°49'44" East, 211.34 feet1 thence North · 89°47'30" Wes t, 360.0l feet; thence North 24°49'44" West, 220.00 feet to the Point of Beginning; said parcel co n taini ng 1.65 acres more or l ess . SUBJECT TO existing easements, rig ht s-of-way, restrictions a nd reser vations of record, if any. I HEREBY CEHTH"i t h at the abo ve legal )description' ~s prepared under my supervision and is true a nd cor /c to the bJtJt;1of {my knowledg e a nd belief. / / .--/ // 'L},_1J__ ____ j_,_JL5 -\ 1-1 I 1. /! __ . ___ _ ~n T. Parket, Jr • ., Professional:' Land Surveyor No, 2951 State of Florida Ma rch 21, 1983 Exhibit B