HomeMy WebLinkAbout1984-004RFsoLUTiw NO. 84-4
BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida;
SECTION I
This Resolution shall be known and may be cited as the "RIVER RUN
WATER AND WASTEWATER SYSTEM FRANCHISE".
SECTION ?I
DEFINITIONS
For the purpose of this Resolut;.on, the following terms, phrases,
.m --d-- and heir &rivatiODIG SHr-All nave Lne 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 A&Linistrator or County
Utilities Director".
(c) "Utility" is the Grantee of rights under this franchise, to
wit: PUROWATER UTILITY SYSTEMS, INC.
(d) "Board" is the Board of County Gomni.ssioners.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Tnc7ian Rixiar rminty
Florida outside the corporate limits of any municipality as the same is
more particularly defined and described herein.
(g) "Water. System" shall mean and include any real estate,
attachments, fixtures, imoomded wai_ar_ .ga+or u� �� y-., valvc5,
meters, wells, pipes, tanks, hydrants, pumps, reservoirs, systems,
facility or other properly, real or personal, used or useful or having
the present rnn o;+ for future use in connection with the collection,
obtaining, treatment, supplying and distribution of water to the public
for human consumption, fire protection, irrigation, consumption by
residential, business or industry, operation of sewage disposal plants
and, without limiting the generality of the foregoing, shall e-nbrace all
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necessary appurtenances and equipment and shall include all property,
rights, easements, licenses and franchises relating to any such system
and deemed necessary or convenient for the operation thereof.
(h) "Wastewater system,, shall mean and include any 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 embrace
treatment plants, pumping stations, intercepting sewers, pressure lines,
mains, laterals and all necessary appurtenances and equipment and shall
include all property rights, easements, ani franchises relating to any
such system and deemed necessary or convenient for the operation
thereof.
(i) "Service" means supplying to a user the distribution of water
and/or wastewater and the treatment 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 services.
SECTION III
GRANTING OF FRANCHISE
1. There is hereby granted by the County to the Utility the
non-exclusive franchise, right and privilege to erect, construct,
operate and maintain a water and/or wastewater system as herein defined
within the described territory as herein provided and for these purposes
to sell and distribute treated water 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 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 subject always to the paramount right of the public in and to such
public places for a period of ninety nine (99) years.
2. Indian River County and franchisee recognize that franchisee
will not provide a water treatment plant on site, and have made
arrangements for construction of a water distribution line to transport
water to and from General Development Utilities located in the City of
Sebastian, to wit:
See Exhibit "A" attached hereto and incorporated herein.
3. The Utility shall, at all times during the life of this
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franchise, be subject to all lawful exercise of the police power and
regulatory authority of the County and to such regulation as the County
shall hereafter by resolution provide, provided however, such
regulations shall not be inconsistent with the terms hereof.
4. The Utility shall supply the County with copies of its
Department of Fnviroruriental Regulation monthly operating reports and
trouble reports, if any.
5. 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 Count- provided that such
regulations shall be reasonable and not conflict with the rights herein
granted and not in conflict with the law-, of the State of Florida. The
County shall have the right, but not the duty, to inspect all.
construction or installation work performed.
WaO__7M I
TERRITORY/FRANCHISE AREA
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 Ex-iibit "B" attached hereto and incorporated herein.
SECTION V
HOLD HARhEMS CLAUSE
It is expressly understood and agreed by and between the Utilitv
and the County that the Utility shall save the County and members 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 promptly after presentation of any claim or
demand.
SECTION VI
C,TRTIFICATION OF COMPLIANCE
1. The Utility shall maintain and operate its water/wastewater
system and render efficient service in accordance with the rules and
regulations as are or may be set forth by the Board from time to time,
which shall include but not be limited to "Construction Specification
for Water Treatment/Distribution and Sewage Treatment/Collection
Facilities" pranulgated by Indian River County Utilities Department,
July 1980, or as amended. The County shall require the Utility to
comply with the above standards. Prior to the issuance of a
construction permit, the Utility's project engineers shall certify to
the County that the design standards as set forth in said "Construction
Specifications" of Indian River Utilities Department, July, 1980, or as
amended, will be met by eanpletion of the project as shown on the plans
submitted. The Utility shall cause said certification to t -i submitted
to the County along with the Florida Department of Environmental
Regulation applications and plans, for Countv review. Submission to the
county for review may occur simultaneously With submission of said
documents to the Florida ;apartment of Environmental Regulation. Upon
approval by the county of the plant and system, a permit shall be issued
to the Utility for the construction thereof.
2. Prior to the issuance of a construction permit, certification
from the Indian River County Fire Department must be obtained certifying
fire flow requirements have been net.
3. Upon the completion of all construction of the water
distribution and wastewater systems, the project engineer for the
Utility shall certify, under seal, that they have been constricted
substantially in accordance with the plans and specifications previously
approved and that they 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 County) drawings, consisting of one set in
reproducible vellums and one set of regular blueline prints, and that
the water lines and wastewater system meet all of the standards required
by the County, including pressure and leakage tests, chlorination and
bacteriological tests, infiltration and exfiltration tests. Upon
receipt of certification frau the engineer, the County will issue a
letter acknowledging the construction of the water lines and wastewater
system. No service is to be provided to customers until such time as
the County issues a letter of acknowledgment. The issuance of said
letter shall not be unreasonably withheld. The utility shall grant
necessary easements to the County without charge to connect the water
lines and wastewater system to the County Master Water and/or Wastewater
System together with such easements as are necessary to provide access
to the water and/or wastewater lines, 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 at
the time of the submission of the franchise application, and agrees to
pay all other fees which may be applicable during the operation of the
system.
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SECTION VII
CERTIFICATION OF OPERATIONS AND MAINTIW CE
1. 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 ma,,,,er of co llcction, trea'urunt and disposal of
wastewater shall at all time be and remain not 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
Department of Environmental Regulation of the State of Florida, or other
governmental body having jurisdiction, including Indian River County.
2. The Utility shall supply the County with an annual report of
operations and maintenance certified by the Utility Engineer who must be
regi ci--A 11—
rt2 yuOf ivblda.
SECTION VIII
UTILITY'S AUTHORITY TO PRCTIr.ATE NBCESSARY PROCEDURES_
1. The Utility shall have the authority to promulgate such rules,
regulations, terms 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 and to issue an
uninterrupted service to each and all of its consumers; provided,
however, that such rules, regulations, terms and conditions shall not be
in conflict with the provisions hereof or with the laws of the State of
Florida and all of the same shall be subject to the approval of the
Board.
2. At all ties herein where discretionary power is left with the
Board of county Corani.ssioners, the Utility, before discretionary action
is taken by the Board of County Coimii.ssioners, can request said Board
that a group of arbitrators be appointed and such group shall consist
of:
a) C'onriFu UtiIit4CS Director
b) Utility Engineer
c) One person selected by the above two persons
and this Board of Arbitrators shall make reconuendations to the Board of
County Cormissioners, but such reconmendations are not mandatory. Anv
arbitration shall be in accordance with the Florida Arbitration Code.)
3. Any final. decision the arbitrators or Board may have with
respect to this franchise can be appealed to the Circuit court of Indian
River County by either party.
SECTION IX
DEDICATED EASR-nWS
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains
and manholes and other fixtures laid or placed by the Utility for the
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within the franchise territory within the time specified by the Hoard,
then in such an event, the County may, by resolution of the Board,
limit, restrict and confine the territory to that area then being
serviced by water and/or wastewater by the Utility or such greater area
as the Hoard shall determine; and thereafter, the territory shall be
only the area set forth, in the resolution adopted by the Hoard.
2. The Utility shall not be required to furnish, supply, install
and make available its public water and/or wastewater system to any
person within the franchise area unless the same may be done at such a
cost to the Utility as shall make the addition proposed financially
feasible. Financially feasible shall mean that a fair and reasonable
rate of return shall be realized by the Utility for all its services
under this franchise; that such rate of return on its rate base is under
efficient and economical management. The burden of showing that
cc w u.e area is roc Einancially feasible shall be the
burden of the Utility.
SECTION XII
TRANSFER OF O,HIP
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 Board an instrument in writing
reciting the fact of such transfer and accepting the terms 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 acccnpanied by a request from the
proposed transferee, which application shall contain information
concerning the financial status and ;ther 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 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. 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 unreasonably 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
to be a default by the Utility under this franchise agreement and
subject this franchise to termination.
ADEQUATE CAPACITY
SDCTION XIII
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Utility warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or wastewater
service unless, adequate capacity is available at the time any new
connection is made.
SLI --'TION MIT
NOTICE OF ADJUSTb W, OF RATES
Upon the initial connection of any customer to the water/wastewater
system or upon the reconnection of any new customer to the
water/wastewater system, the Utility shall furnish, by mail, a notice
setting forth the rate schedule then 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 amended. Said
water/wastewater rates are subject to adjustment pursuant to
said Resolution upon proper showing by the Utility. Said
rates are also subject to adjustment in the event the
water/wastewater franchise is terminated and Indian River
County cam ences to furnish water/wastewater service to your
property. "
=VION XV
1. The rates charged by the Utility for its service hereunder
shall at all times be compensatory and shall be fair and reasonable and
designed to meet all necessary costs of the service, including a fair
rate of return on the Utilities' investment under efficient and
economical management. The Utility agrees that the County has the
authority to enter into this Franchise Agreement and the regulation of
said Utility. Utility agrees that it shall be subject to all authority
now or hereafter possessed by the County or any other regulatory body
having competent jurisdiction to fix just, reasonable and compensatory
rates. When this franchise takes effect, the Utility shall have
authority to charge and collect, but not to exceed, the schedule of
rates and rate of return approved by the Board of County Commissioners
at a public hearing. In setting said rates, the County shall be guided
by the standards set forth in Florida Statute 367.081 relating to the
establishment of rates and charges. In any event, the Utility shall
always be responsible for justifying its proposed rates and charges by
the submission of accounting and engineering data to the County
Utilities Director. Rates and charges may be amended, upon proper
justification by the Utility. Other provisions of this Ordinance deal
with the mechanisms of the setting of rates and charges.
2. The Utility shall at any time, when requested by a consumer,
make a test of the accuracy of any meter; prior, however, to any test
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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 meter to be inaccurate in its
delivery. If the meter is inaccurate, the meter will be repaired or
40 changed, and should the meter reading calibrate too high, a billing
adjustment will be made for no more than the past six month's actual
readings. Whenever it is necessary to shut off or interrupt service for
the purpose of malting repairs or installations, the Utility shall do so
at such times as will cause the least amount of inconvenience to its
consumers and, unless such repairs are unforeseen and immediately
• necessary, it shall give not less than five (5) days' notice thereof to
its consumers for non -emergencies.
3. (a) Pursuant to Florida Statute 367.081 "Rates; procedure for
fixing and changing," the approved rates fog- water service within the
River Run franchise shall be automatically incrpagndi nr raarT�acwri
without hearing, upon verified notice to the County Commission thirty
(30) days prior to its implementation of the increase or decrease that
the rates charged by General Developrent Utilities (GDU) have changed.
The new rates authorized shall reflect the amount of the change of the
rates imposed upon PUROWATER UTILITY SYSTEMS, INC., by GDU.
(b) Before implementing a change in rates under this
subsection, 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 will not cause the utility to exceed
the range of its last authorized rate of return.
4. (a) The approved rates of any utility which receives all or
any portion of its utility service from a governmental agency or fron a
water or sewer utility regulated by the Board and which redistributes
that service to its utility customers shall be automatically increased
or decreased without hearing upon verified notice to the Board 30 days
Prior to its implementation of the increase or decrease that the rates
charged by the governmental agency or other utility has changed. The
approved rates of any utility, which is subject to an increase or
decrease in the rates that it is charged for electric power or the
amount of ad valorem taxes assessed against its property shall be
increased and decreased by the utility, without action by the Board,
upon verified notice to the Board 30 days prior to its implementation of
the increase or decrease that the rates charged by the supplier of the
electric power or the taxes imposed by the governmental body have
changed. The new rates authorized shall reflect the amount of the
change of the ad valorem taxes or rates imposed upon the utility by the
governmental agency, other utility or supplier of electric power.
Provisions of the subsection shall not prevent a utility from seeking
Changes in rates pursuant to the provisions of subsection.
(b) Before implementing a change in rates under this
subsection, the utility shall file an affirmation under oath as to the
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accuracy of the figures and calculations upon which the change in rates
® is based, and that the change will not cause the utility to exceed the
range of its last authorized rate of return.
(c) If, within 24 months of an adjustment in the rates as
• authorized by this subsection, the Hoard shall find that a utility did
thereby exceed the range of its last authorized rate of return, it may
order the utility to refund the difference to the rate payers. This
provision shall not be construed to require a bond or corporate
undertaking not otherwise required.
0 A (d) Notwithstanding anything herein to the contrary, n" r
utility may adjust its rates under this subsection more than two times `
in any 12 month period.
CONNEC.'TION CHARGE/CAPACITY DEMAND FEE
C_rnection .^.,ha -c- sl -.all be eStZ=biisit;i by public hearing prior to
system going into operation.
FRhMMTCR rM
1. The Utility hereby agrees to pay to the County a franchise fee
in the amount of six percent (6%) of the Utility's annual gross
receipts, (or the sum of five hundred dollars ($500), whichever is
greater), derived from monthly service charges to defray the cost of
regulation and for use of County rights-of-way and public places. The
Utility shall pay the 6% franchise fee quarterly. Said fee shall be
shown as a separate additional charge on utility bills.
2. The Utility shall supply the County with a copy of the
Utility's annual report and financial statements. All records and all
accounting of Utility shall be in accordance with the Uniform System of
Accounts of the National Association of Regulatory Utilities
Commissioners and general accepted accounting principles. Within ninety
(90) days after close of fiscal year, the Utility shall submit financial
statements prepared by a CPA and in accordance with general accepting
acouunting standards and NARUC. Upon demand by the Board the Utility
will submit audited financial statements certified by a CPA. Also; a
letter frau a CPA certifying that the six percent (6%) franchise fee and
the two and one-half percent (2'h$) renewal and replacement account has
been collected and disbursed in accordance with the terms of this
Agreement.
SECTION XVI
Escrow Charges
1. The Utility agrees to pay a fee in the amount of the currently
imposed contribution in aid of construction for each unit in effect at
the time of the issuance of a certificate of occupancy, as a
,.utioli in aid of construction charge (for future connection to
County water distribution mains or wastewater collection systems) as
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Pprovided for in Ordinance 80-21, Section 3, Part B. Utility further
IIID agrees to pay a sum per ERC for water and wastewater plant capacity
�I charge, as each unit is coapleted as the future plant capacity charges
as provided for in Ordinance 80-22, Section 1 or according to the
SII® Ordinances in effect at the time of the issuance of a certificate of
occupancy.
2. The County will establish separate interest bearing passbook
for the water and wastewater system and will deposit all escrow charges
I paid for any and all connections in this franchi.l. The feeF Lafere.. _
in this section are subject to the escalation of Section XIV
U contained herein, using the County factor estar.:'ie' , Ordinance 80-21
and 80-22. The fees referenced in this Section s al' ..!ways be
reasonable.
3. Throughout the tern of this franchise, the Utility shall be
entitled to any and all interest which s.'^.r,11 , _ puld aiuivally on or
before September 30th of each year to the Utility. The Utility shall be
entitled to an accounting of said interest bearing account at any time
upon request made by it to the County.
(a) Should the County at any tine 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
customers within the franchise territory, the sums of money remaining in
said account consisting of plant capacity charges and contributions in
aid of construction charges shall become the absolute property of the
County and the Utility shall have no rights thereto. In such event, the
Utility shall be absolved from the obligation of payment of further
connection charges to the County and this Franchise shall terminate. In
the event the above condition is not met by the County within seven (7)
years from the date of this franchise agreement, the County shall have
the following options:
(1) Extend the franchise with all escrowed monies paid to
the Utility and further escrows discontinued.
(2) The County shall have the right to purchase the
Utility's water off-site lines and wastewater system at Utility's
original construction costs plus costs associated with capital additions
and expansions to the system less three and one-half percent (3'%)
depreciation per year. Depreciation on the water off-site lines and
wastewater plant shall be calculated to start at the time the Countv
issues a letter acknowledging the construction of the water off-site
lines and wastewater system as provided in Section VI. Upon acquisition
of the water off-site lines and wastewater system, the County 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
CbLniiy. County would receive easements for all lines at no charge.
(3) In the event of acquisition of the water off-site
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lines and wastewater system by the County, or the utilization of the
County's own plants, the County shall receive the on-site wager
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
system to the County's water/wastewater systems without charge. The
Utility shall pay all required fees, if upon their request, connection
is made to County's own plants.
(4) In conjunction with the wastewater plant purchase,
the County shall also purchase necessary land areas upon which the plant
is located at the then fair market value of the real estate. Upon
acquisition of the wastewater plant and appurtenant real estate, the
County would then own the entire wastewater system and would terminate
this franchise and provide wastewater utility service to the franchise
territory. All accumulated escrow fees would vest in the County.
(5) In the event that the above condition (2) is not
exercised by the County within seven (7) years from the date of this
franchise agreement, any sums of money remaining in the escrow account
shall become the absolute property of the Utility and the County shall
allow the Utility to continue operations in accordance with this
franchise agreement.
(6) 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 amount of the total escrow charges that
would have been available to the County, pursuant to the provisions of
sub -paragraph (2) stated directly above, together with a credit for any
fees which would have accrued pursuant to said section after the seventh
year, should the seven (7) year period referenced therein not have
lapsed.
SBCrION XVII
RENEWAL & REPLACEMWT ACCOUNT
Two and one half percent (2'%) 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
Uuiity 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 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/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
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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 County
exercises its rights under (2) or (3) above, said fund shall vest in to
County. In the event that the County purchases the corporation's
utility system pursuant to the provisions of this franchise as stated
above, then any funds in said renewal and replacement account shall vest
in the County.
SECTION XVIII
INSURANCE
1. The Utility shall at all times maintain public liability and
property damage insurance in such amounts as set forth in, to wit;
Exhibit "C" attached hereto and incorporated herein.
2. The Utility shall, cause the County tc, be duly notified by the
insurer in the event of any modifications or deletions of the insurance
as set forth in said Exhibit "B". 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 fo.: the protection of the County
and the general public and for any liability which may result from any
action of the Utility.
SECTION XIX
CONSUMER 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 request the Utility to satisfy or remedy
such complaint. If the Utility fails, within a reasonable time, to
satisfy or remedy such complaint or objection, the Board may review same
according 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 may seek review of the Board's action by petition for
Writ of Certiorari filed in the Circuit Court of the County; otherwise
the Utility shall promptly comply with the order of the Board.
SUCTION XX
CHANGE IN RATE SC11oULE
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
writiazg, setting forth the schedule of rates and charges which it
proposes. The Utility shall pay any rate structure review fee as the
County may then have in effect and shall furnish the County with all
information requested by the County that is pertinent to the proposed
new rate schedule. A public hearing shall then be held on such request,
of which notice shall be given by publication in a newspaper regularly
published in said County at least one time not more than one month of
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 enter6 an order pursuant to such hearing and the
Utility feels aggrieved by such order, then Utility may seek review of
the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the County. The Board shall act on the rate request
within ninety (90) days following the public hearing.
SWrION XXI
CONs,jRUCTION PERMITS
prior to the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility shall make application
to and obtain any required permits from the County authorizing said
construction in the same manner as permits are authorized jai the County
for the use of the public roads as shall now or hereafter be established
by regulations of the County. 'The County shall have the right when
special circumstances exist to determine the time during which such
construction shall be done.
GFY"T(W XXTT
DEFAULT OF FRANCHISE
If the Utility fails or refuses to prouptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default. If the Utility fails to remedy such deficiency or default
within a reasonable time, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
Board may levy liquidated damages of no less than fifty dollars ($50)
per day that said deficiency or default exists from the date of said
hearing held by the Board; and the Board may further limit or restrict
this franchise or franchise territory or may terminate and cancel the
same in whole or in part if proper reasons thereby are found by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by any such order, the Utility may seek review
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of the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the county.
SECTION XXIII
RIGHTS OF J hNDOWNERS
Nothing in this franchise shall prevent landowners from exercising
their vested rights or privileges as set forth and contained in any
license issued to any utility heretofore granted by the Board pursuant
to Section 125.42, Florida Statutes.
SECTION XXIV
COlMAC TUAL AGRGEfi'Il"sN'P
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 i,nstrmert re ize
under the Statutes and Laws of the State of Florida. This franchise
agreement is not intended to create rights or actions running in favor
of third parties, except as herein specifically provided.
SECTION XXV
NON-P�RMANCE
Provisions herein to the contrary notwithstanding, the Utility
shall not be liable for the non-performance or delay in performance of
any of its obligations undertaken pui.suant 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.
err+ TMI VV%1T
INTENT OF FRANCHISE AREA
The franchise area is intended to be developed as a condominum
developm -it with a condominum association organized pursuant to chapter
718, Florida Statutes. Anvthing herein to the contrary notwithstanding,
the Board agrees that the Utility may assign this franchise to such
association at any time after its formation, subject to such association
agreeing to the terms and conditions hereof and pursuant to the public
hearing requirements set forth under Section XII hereof.
SWVION XXVII
EXECUTION OF FRANCHISE
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 Chaintizn of the Board of
15
Cl
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Hoard of County
Cowmissioners adapted on the -:ikh day of-la11t1JS. n—, 1983.
Signed, sealed and delivered COUNTY OF 114DIAN RIVER, FLOIUDA
iia the presence of:
A �. /A
By^lY7lYl� � llon C. Sc�ir:2ock, Jr. , Chaii��
Board of C�:unty- Umni.ssionep
Attest: tY� �G—
Apt)rovt.d to for Clerk
and 1(, It
- I
�Q'1 ACCEPTANCi'. OF FPAN HIS
rci. iuiidtatut
! u` aty Alforn(f j '""�
ITY SYSTEMS, INC., a Florida Partnership, does hereby
accept the forgoing franchise, and for their successors and assigns
does hereby covenant and agree to comply with -end abide by all of the
terms, conditions and provisions therein set forth and contained.
16
UTILITY AGRPWENT EXHIBIT "A",
THIS AGREEMENT, made and executed this StL day oAcr-c->"Ae-)'V-1 1983.
by and between Muller Enterprises, Inc. hereinafter referred to.as
Developer and GENERAL DEVELOPMENT UTILITIES, INC., a Florida corporation, hereinafter
referred to as Utilities,
WITNESSETH
WHEREAS, Utilities owns and operates water treatment facilities in Indian River
County capable of serving Developer in addition to the present consumers of Utilities;
and,
WHEREAS, developer has requested Utilities to serve a condominium project in the
property described in the attached Exhibit "A"; arid,
`-E-EAS Utilities PrOJAJ-ies to serve the consumers within the areas encompassed
... -, w A � 4
by Developer; and,
WHEREAS, Utilities has agreed to furnish water to said property, and to enter
into an agreement with Developer specifying provisions and terms concerning same.
NOW THEREFORE, for and in consideration of the mutual promises and obligations
hereinafter set forth, the parties do hereby agree es follows.
A. UTILITIES AGREES:
1. ' That it shall inspect all water lines Developer constructs and submits for
approval.
2. That if utilities rinds they have been constructed in accordance with plans
and specifications approved by Utilities and all other applicable regulations, it
shall accept the water lines and shall take ownership and maintenance responsibility
therefore.
3. if at any time during a period commencing thirty days after the execution
of this Agreement and ending seven years from such execution any third party is connected
to the water lines constructed by Developer, then and in such event, and so often as
such connections shall be made, Utilities shall reimburse Developer for the cost of the
water lines to the Developer's meter on a pro -rata basis, less the applicable line
capacity charges at the time each new third -party Certificate of occupancy is presented
to I utilities.
4. To furnish to those Customers located on the property described in EXHIBIT "A",
during the term of this Contract or any renewal or extension hereof, potable treated
water in accordance with standards of the state regulatory agencies of the State of
Florida.
5. To furnish water — a reasonable constant normal 1. assure in accordance with
public health requirements. Emergency failure of pressure or supply due to breaks in
the main water supply line and/or power failure, flood, fire and use of water to fight
fire, catastrophes and other matters beyond the control of Utilities shall excuse
Utilities from the provisions hereof for such reasonable period of time as may be
necessary to restore service to normal conditions.
6. It will, at all times, operate and maintain its treatment facilities in an
efficient manner and will take such action as may be necessary to provide the capaci-
ties required. Circumstances resulting in the temporary or partial failure to deliver
water as required by this Agreement shall be remedied with all -possible dispatch. In
the event of an extended shortage of water, or the supply of water available to
utilities for distribution to its Customers is otherwise diminished over an extended
period of time, the supply of water to the Developer's consumers shall be reduced or
diminished in the ratio or proportion as the supply to Utilities' Customers is reduced
or dinimished.
7. To provide water in such quantity as may be rtiquir-d by Customer, up to but
not exceeding an average monthly amount of 34,000 gallons per day.
B. DEVELOPER AGREES,
1. To construct a water main from Schumann Drive and U.S. No. l to the Utilities
Franchise limit as defined by Utilities at time the plans are approved by Utilities for
construction.
2. Developer shall obtain all applicable permits and construct all water and
sewer lines required to be _constructed to provide service to the residents thereof. All
construction shall be subject to the approval by the utilities' engineer and shall be
in accordance with plans and specifications approved by the Utilities' engineer. During
the entire period of construction, Utilities shall have the right to have its engineer
inspect the construction of said facilities. No applications for necessary permits shall
be executed or approved by Utilities until plans and specifications for construction
have been reviewed and approved by Utilities' engineer.
3. Upon completion of constructiun of the water facilities, veveloper shall notify
Utilities of said completion and make available said water facilities and engineering
plans for inspection and approval by Utilities' engineer. Ula:,r, Utilities' engineer find -
1y9such water facilities satisfactory, Developer shall convey such water facilities to
Utilities by a Bill of Sale and will provide to Utilities a No -Lien Affidavit, a Release
of Lien and a detailed account of cost of construction of the water facilities. 'this
paragraph shall be a condition precedent to Utilities providing any service and any
- 2 -
iesportribiiity for Utilities _o operate said facilities. Upo completion of the terms
of this paragraph, Utilities shall undertake operation and maintenance of said facilities.
4. Prior to commencement of construction of the water facilities, Developer shall
provide utilities with no less than two (2) proposals by reputable contractors. Said
proposals shall be subject t.o review and approval by Utilities prior to Developer's
acceptance of said proposal. Should the proposals submitted not be satisfactory to
utilities, Developer shall provide additional proposals as requested.
5• To pay Utilities total connection charges in t}ie amount of *29,240.00 which
are itemized as follows:
a. To pay Utilities a water connection (plant capacity) charge at a rate
of $•86 per gallon, total $29,240.00 based on the agreed upon and stipulated
flow rate of 34,000 gallons per day.
b. To pay utilities a water reserve capacity charge per unit one month from
the date of execution of this Agreement Until all the unit is connected to the
sytem and using the reserve facilities, in the amount of $ 3.10
per unit per month.
Payments for these items will be made upon submission of appropriate invoice by Utilities
following the execution of the Agreement by Developer.
6. The charges contained in this Agreement are based upon the estimated gallons
of Usage to be supplied to'Deve)oper and Utilities reserves the right to revise such
figures to conform to the actual usage, which may be computed at any time by averaging
the prior three (3) month period during any calendar year, during the life of this
Agreement. Developer agrees to pay any additional changes which would be required by
applying the rates contained in this Agreement to any recomputed gallons of usage.
7. Utilities is not obligated to provide plant rapacity or service in excess of
the amounts estimated to be supplied in this Agreement. All charges have been based
upon estimated usage and Utilities May require Developer to curtail use which exceeds
such estimated requirements.
8. i>xcept for the aforementioned charges for extension of service, all rates
and charges made by Utilities to Developer., and to future customers who will be
services by Utilities, shall be made in accordance with the tariff filed by Utilities
with the City of Sebastian in accordance with such tariff, as amended, as may be
from time to time adopted and approved by the City of Sebastian in accordance with its
regulatory authority contained in applicable statutes, ordinances, rules and regulations.
9• To notify utilities in writing not less than sixty (60) days prior to
estimated date of completion of construction of facilities requiring water service,
the date on which DeveloP_r will require initial connection to water mains.
- 3 -
10. That the provisio,.d Of this Agreement shall not be ;on.5trued as establishing
a precedent as to the amount or basis of contributions to be made by Developer or
other customers, or the acceptance thereof an the rvirt of utilities, for other utility
system extensions that may be required hereafter by Developer and which are not
presently covered by this Agreement.
11. To pay Utilities for the monthly service within thirty (30) days after
statement is rendered by Utilities, all sumq due and payable as set forth In such
statement, Upon the failure or refusal to pay the amounts due on statements as
rendered, Utilities may, in its sole discretion, terminate service.
12. No tie-ins or hook-ups to the water system shall be made without the express
consent of Utilities.
13, To grant Utilities whatever easements are required to provide utility
services to the Developer's property or adjacent properties,
14. Developer agrees to install, at its expense, a back-flow control device, as
specified by Utilities, Utilities shall have the right to inspect the Developer's
fac.ilities at any time to chock for cross connections and any other possible sources
of contamination. The Developer agrees to correct, without delay, all such hazards to
the system at its own expense.
C. 'UTILITIES AND DEVELOPER AGREE-
1. The parties understand that the main extension and service availability
charges set forth herein must receive prior approval of the city of Sebastian and that
should such spproval not be given, the parties shall be relieved of all obligations
under this agreement. Additionally, the jurisdiction affecting service to developer
may be contested by Indian River County. Should it ultimately be determined that
Indian River County and not the City of Sebastian is the agency having jurisdiction
over the Utilities to service the Developer, Utilities shall be relieved of any
responsibility hereunder.
2. This Agreement shall be governed by applici-able rules, laws and regulations
of any governmental body, rederal, state, or local, including departments and agencies
having jurisdiction of the Utilities. The parties agree to be bound by such increase
or decrease in gallonage amounts and rate* which may be prescribed, from time to time,
by said body or other agency having jurisdiction thereof,
1 3. This Agreement shall be binding upon the successors, assigns and legal
representatives of the respective parties hereto.
4. This Agreement shall not be assigned without the prior written consent of
Utilities, which consent shall not be unreasonably withheld, provided, however, that
4 -
• utilities hereby consents in ,.avance to the assigrunent by Deve._ ,Ixcr to the master
condominium association to lx: formed by Developer for the management of the condominiums
to be constructed on the property described in the attached Exhibit "A" of all of this
Agreement saving only the rights of reimbursement described in Section A.3 hereof,
which rights shall be retained by the Developer. such assignment by the Developer to
the master condominium association shall be made at such time as Developer shall decide.
5. Any notice required to be givon pursuant to the ternns of this Agreement
shall be deemed properly given when sent by United States Certified Mail, Return
Receipt Requested, to the respective parties herein, at the last known address of
either of the parties.
6. Water line extension will be made to the property line at such points as
are mutually agreed to by Customer and Utilities.
9. This Agreement shall he fnr an initial i-riOd of five (5) years from the
date of this Agreement and shall be automatically renewed on an annual basis unless
written termination notice is given by either party to the other thirty (30) days
prior to any anniversary date, such notice to terminate :hall be subject to review and
approval by the appropriable governmental authority.
IN WITNESS WHEREOF, the parties have caused these presents to be executed on the
day and year first above written.
pALDKV I(1 NTUTILITIES, INC.
.S
rte„ ,/r ,+• .•
.RSICH
6 d .& PRESIDENT
ATTEST:
- 5 -
MUT�T,�Lt_ EPI.TERi'RI5ES+--Y.b1lw-.
t.. e y J. M ller
President
ATTEST:., '_...4e e -t'--
Cecelia Z.,,Muller
Secretary
1�astxxxxxxxxxxxxxxxxxxxxxxxX�„�lt2CXXX
SpLg917 HZXXXXXXXXXXXXXXXStXX x;YY<i(
(Corporate "al)
�;u•�
L
EXHIBIT A
Portiona of Government Lots 3 and 4, Section 8, Township 31 South, Range 39 East,
Indian RIver County, Florida, more particularly described an follows:
Commencing at the Southwest corner of aforementioned Government Lot 4, run
South 09' 38' 22" Salt, along the South line of said Government Lot 4, also being
the South Section line, 84.96 feet to the East right-of-way of State Road No. 5
(U.S. Highway No. 1); thence North 25' 57' 59" West along said right-of-way,
39.01 fast to the Point of Beginning. From the Point of Beginning, continue
North 25' 57' 59" k': wt No nguald Em-at right-of--way, 154.21 feet. to !to inter-
section with the East line of aforementioned Government Lot 3; thence continue
North 25' 57' 59" West along said right--of-way in Government Lot 3, 394.11 feet
to the 8outli line of iloravon Shores Subdivision, as recorded in Plat Book 4,
r page 78, Public Records of Indian River County, Florida; thence leaving State
Road No. 5 right-of-way, run North 88' 20' 31" East along the Scuth line of said
Floravou Shoran, 173.38 feet to its intersection with the East line of Government
Lot 3; thence continue North 88' 20' 31" East, in Government Lot 4, 1,070 feet,
more or lose, to the Westerly shore of the Indian River; thence meander Southeast-
erly along the shore of the Indian River 720 feet, more or leas, to its intersection
with a line which bears South 89' 38' 22" East from the Point of Beginning and is
35 feat North ui ana parallel with the South iine of Government Lot 4; thence
North 89' 38' 22" West, 1,300 feet along said line, parallel with the South line of
Governnt Lot 4 to the Point of Beginning.
ALSO BEING DESCRIBED AS:
That mart of Goverumaut Lot 3, lying, East of U.S. Highway No. 1, an now located,
and all of Government Lot 4. Section 8, Township 31 South, Range 39 East, Indian
River County, Florida, LESS AND EXCEPTparcels described in Deed Book 85, page 63,
snd DQed Book 102, page 406, Public Records of Indian River County, Florida and
al&o I:.e98 the Beu-th 35 feet of eaid Cover:wment Lot 4.
EXHTBIT "B''
page I of -2
JAMES A.
Lax"i MrWdying
Ck=Apany
1125 12th STREET, SUITC 0
P. 0, Box 1617
VERO BEACH, FLORIDA 329W
TFJELEPHONE552-4744
E -
1
A'J','ArHwN,r "A" MCAL W81,20,10N VF FRANCH I S 9F F: A 'A
Florld,'i b.O.T. latentl Mtah Nw 5, mant [orIculirly TwMInd at,
tii 3,j rot, --it. (it, (;overwu,,I, 4, Am 0 on A smaht -
AHU ANN
FImM; D&L T. In Ona IA Wit No. j, NOVO 1ACII I It IY tqld as
lho ff,,Hh 35 ML OP %!Uolt I?, fiarkge
Ro� 0
Flnri4,,
AND ALY
4, loth bpi Mut of W 11(nrtb ((0
'i,, : Qowro,y, r.,ast of Stah',
No.
lHoway Nw 1, as lww
31 South, Rtrtp,,re
u
0
77FINS44 w7v
ASSIGNMENT
THIS AGREEMENT by and between Muller Enterprises, Inc.,
hereinafter referred to as "Developer", Purowater Utilitiy Systems,
Inc. corporation, hereinafter referred to as "Assignee", and
General Development Utilities, Inc., a Florida corporation,
o hereinafter referred to as "Utilities".
WHEREAS, Developer desires to assign that certain Agreement
executed by Developer and Utilities on December 5, 1983 (the
�- "Agreement") to Assignee.
WHEREAS, Assignee has agreed to assume the obligations of
Developer under the Agreement.
W11EREAS, Developer :,-is agreed to continue to remain responsible
for all actions and representations of Developer under the Agreement
should Assignee fail to perform.
WHEREAS, utilities has been requested to consent to the
assignment of the Agreement to Assignee and to continue to seyve-
consumers within the the area owned and developed by Developer.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
MUTUAL COVENANTS EXCHANGED BY AND AMONG THE PARTIES HERETO
AGREE AS FOLLOWS:
1. Developer for and in consideration of the sum of $10.00
and other valuable consideration and receipt of which is hereby
acknowledged has granted, bargained, sold, assigned, and transferred
and by these presents does grant, bargain, sell, assign and transfer
and set over unto Assignee the Agreement, a copy of which is
attached as Exhibit A.
�T
2. Assignee hereby agrees to assume all obligations under
the Agreement attached as Exhibit A.
3. Developer shall remain fully responsible for all actions
required by Developer under the Agreement attached as Exhibit A
regardless of this Assignment.
4. Utilities hereby consents to the Assignment of the
Agreement solely upon the condition that Developer shall remain fully
liable and responsile for all actions required by the Developer
and all representations made by Developer under the Agreement
attached as Exhibit A.
e
�M
d
5. All other terms
and conditions of the Agreement shall
remain in full force and
effect.
IN WITNESS WHEREOF,
WE HAVE HEREUNTO SET OUR HANDS
AND SEALS ON THE DAVE BELOW WRITTEN,
MUL_LE :RNTERI'RTSES, INC.
6B
Attest:�� l L�
Dater!_ L_[
GENERAL DR ?,O T TILITTES, INC.
r'
Fay : qx-
t i!
Attest:—
ttest:teato:
Date:
J
PUROWATER UTILITY) SYSTEMS, INC.
Attest- L - �; F. *i ,a'a
Dater
—Zw
amended after review by the County as necessary to maintain u *uffioiunt
account balance taking into uocmput tba general condition of the system.
Ilie{ovnt/ is granted the right to make necessary repairs using said
funds in the event otdefault on the part of the Utility in maintaining
the quality ntao8ozdo established herein. In tlie event the Courcy
exercises its rights under (2) or (3) above, said [o,d aball vest in the
Cocmty. In the event that the Com-ity purchases the cnz[mratioo/a
utility o2stempuzaomnt to the provisions of this franchise as stated
^
above, tbao any funds in said renewal and replacement account shall vest
in the County.
SDCTION XVIII
INSURANCE
l. The Utility shall at all times maintain public liability and
pznDec+y damage insurance in such amounts as set f<-jrt� in; to wit:
sy,bibit "C" attached hereto and incorporated bezaiii.
2. The Utility slizall cause tile 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 "or. Gaid 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 establiebedby the Board fo^- the protection of the County
and the, general public and for any liability which may result from any
action of the Utility.
SECTICVIIX
oONaU1,22 OCMPLAINrS
If any written oonplaintiafiled with the Board by any persons
serviced by the Utility under this franchise, the Board shall first
determine whether reasonable cause exists with respect tosaid
complaint. If the Board finds reasonable rause does exist, the 3cuzd
shall so notify the Utility and request the Utility to satisfy or zeue4y
such ocWlaiot, If the Utility fails, within o reasonable time, to
satisfy or remedy such complaint or objection, the Board may review same
according to the Furvioi000 bazcof, If tlie &,nzd enters its order
pursuant to such hearing and the Utility feels it is aggrieved by such
order, the Utility may seek review of the Board's action by petition for
Writ of Certiorari filed in the Circuit onzct of the County; otherwise
the Utility shall yo(xTtly comply with the order of the Board.
SIM11ON XX
QMGE IN RATE SaMDULE
Should the Utility deatce to establish rates mid charges or should
the Utility desire to increase any charges heretofore established and
�
�
D
SECTION XXII
DEFAULT OF FRANCHISE
If the Utility fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default. If the Utility fails to remedy such deficiency or default
within a reasonable time, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
Board may levy liquidated damages of no less than fifty dollars ($50)
per day that said deficiency or default exists from the date of said
hearing held by the Board; and the Board may further limit or restrict
this franchise or franchise territory or may terminate and cancel the
same in whole or in part if proper reasons thereby are found by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by any such order, the Utility may seek review
14
approved by the Hoard, then the Utility shall notify the Board in
writing, setting forth the schedule of rates and charges which it.
i
�
proposes. The Utility shall pay anyrate structures review fee as the
County may then have in effect and shall furnish the County with all ,
information requested by the County that is pertinent to the proposed
new rate schedule. A public hearing shall then be held on such request,
of which notice shall be given by publication in a newspaper regularly
published in said County at .least one time not more than one month oL
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, then Utility may seek review of
the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the County. The Board shall act on the rate regmzest
within ninety (90) days following the public hearing.
SECTION XXI
CONSTRUCTION PERMITS
Prior to the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility shall make application
to and obtain any required permits from the County authorizing said
construction in the same manner as permits are authorized in the County
for the use of the public roads as shall now or hereafter be established
by regulations of the County. 'rhe County shall have the right when
special circumstances exist to determine the time during which such
construction shall be done.
SECTION XXII
DEFAULT OF FRANCHISE
If the Utility fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default. If the Utility fails to remedy such deficiency or default
within a reasonable time, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
Board may levy liquidated damages of no less than fifty dollars ($50)
per day that said deficiency or default exists from the date of said
hearing held by the Board; and the Board may further limit or restrict
this franchise or franchise territory or may terminate and cancel the
same in whole or in part if proper reasons thereby are found by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by any such order, the Utility may seek review
14
SECTION XXV
NON-PERFORMANCE
Provisions herein to the contrary notwithstanding, the Utility
shall not be liable for the non-performance or delay in performance of
any of its obligations undertaken p a want 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.
SBCPION XXVI
INPFNT OF FRANCHISE AREA
The franchise area is intended to be developed as a condonunum
development with a condominum association organized pursuant to chapter
718, Florida Statutes. Anything herein to the contrary notwithstanding,
the Hoard agrees that the Utility may assign this franchise to such
association at any time after its formation, subject to such association
agreeing to the terms and conditions hereof and pursuant to the public
hearing requirements set forth under Section XII hereof.
SI 210N XXVII
MMMTION OF FRANCHISE
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 WHMMF, The Board of County Comii,ssioners of Indian
River County, Florida has caused this franchise to be executed in tlx:
name of the County of Indian River by the Chairman of the Hoard of
15
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Board of County
Comuissioners adopted on the __Zath day of _j_anl=,y_, 1983.
Signed sealed and delivered COUNTY OF INDIAN RIM� 1, FUXUDA
r
in the presence of:
Approwd , to f
and Icgr Iff, R
ICA,
My A torn,
ITY SYSTEMS, INC., a Florida Partnership, does hereby
accept the foregoing franchise, and for their successors and assigns
does hereby covenant and agree to cmply with -nd abide- by all of the
terns, conditions and provisions therein set forth and contained.
A
Ily
L)Qn C. Scurlork" Jr. , ChaiVu�
Board of cbmtv- Can-nissioneps
Attest:
Clerk
16
I,
UTILITY AGREE: ntir EXHIBIT. "A"
V r.
THIS AGREEMtNT, made and executed thisday of�CLG»tI�G`� , 19B3`,
by and between Moller EnterpriseS, I11c. hereinafter referred to as
Developer and GENFSRAL DEVELOPMENT UTILITIES, INC., a Florida corporation, hereinafter
referred to as Utilities.
WITNESSETH
WHEREAS, Utilities owns and operates water treatment facilities in Indian River
County capable of serving Developer in addition to the present consumers of Utilities;
` and,
WHEREAS, developer has requested Utilities to serve a condominium project in the
property described in the attached Exhibit "A"t and,
vnixm_,.n, utilities proposes to serve the consumers within the areas encompassed
by Developer; and,
WHEREAS, Utilities has agreed to furnish water to said property, and to enter
into an agreement with Developer specifying provisions and terms concerning same.
NOW THEREFORE, for and in consideration of the mutual promises and obligations
hereinafter set forth, the parties do hereby agree as follows.
A. UTILITIES AGREES:
1. That it shall inspect all water lines Developer constructs and submits for
approval.
2. That if Utilities finds they have been constructed in accordance with plans
and specifications approved by Utilities and all other applicable regulations, it
shall accept the water lines and shall take ownership and maintenance responsibility
therefore.
3. If at any time during a period commencing thirty days after the execution
of this Agreement and ending seven years from such execution any third party is connected
to the water lines constructed by Developer, then and in such event, and so often as
such connections shall be made, Utilities shall reimburse Developer for the cost of the
water lines to the Developer's meter on a pro -rata basis, less the applicable line
capacity charges at the time each new third -party Certificate of occupancy is presented
ti utilities.
_4. To furnish to those Customers located on the property described in EXHIBIT "A",
during the term of this Contract or any renewal or extension hereof, potable treated
water in accordance with standards of the state regulatory agencies of the State of
Florida.
iff,". , _'_
To furnish water b_ a reasonable constant normal b .zssure in accordance with
public ',health ;requirements. Emergency failure of pressure or supply due to breaks in
the main water supply line and/or power failure, flood, fire, and 'use of water to fight
fire, catastrophes and other matters beyond the control of utilities shall excuse
Utilities from the provisions hereof for such reasonable period of time as may be
necessary to restore service to normal conditions.
6. It will, at all times, operate and maintain its treatment facilities in an
efficient manner and will take such action as may be necessary to provide the capaci-
ties required. Circumstances resulting in the temporary or partial failure to deliver
water as required by this Agreement shall be remedied with all -possible dispatch. In
the event of an extended shortage of water, or the supply of water available to
Utilities for distribution to its Customers is otherwise diminished over an extended
period of time, the supply of water to the Developer's consumers shall be redtwed or
diminished in the ratio or prolx)rtion as the supply to Utilities' Customers is reduced
or dinimished.
1. To provide water in such quantity as may be,: requirAd by Customer, up to but
not exceeding an average monthly amount of 34,000 gallons per day.
b, DEVELOPER AGREES*
1. To construct a water main from Schumann Drive and U.S. No. ? to the Utilities
Franchise limit as defined by Utilities at time the plans are approved by Utilities for
construction.
2. Developer shall obtain all applicable permits and construct all water and
sewer lines required to be constructed to provide service to the residents thereof. All
construction shall be subject to the approval by the utilities' engineer and shall be
in accordance with plans and specifications approved by the Uti�i-tries' engineer. During
the entire period of const niction, Utilities shall have the right to have its engineer
inspect the construction of said facilities. No applications for necessary permits shall
be executed or approver] by Utilities until plans and specifications for construction
have been reviewed and approved by utilities' engineer.
3. Upon cosi;letion of const,:uuti+5r', of the water facilities, Developer shall notify,
Utilities of said completion and make available said water facilities and engineering
plans for inspection and approval by Utilities' engineer. Upon utilities' engineer find -
1#9 such water facilities satisfactory, Developer shall convey such water facilities to
Utilities by a Bill of sale and will provide to utilities a No -Lien Affidavit, a Release
of Lien and a detailed account of cost of construction of the water facilities. This
paragraph shall be a condition precedent to Utilities providing any service and any
41,
to
2
c s
iespors ibility for Utilities _o operate said facilities. Upo completion of the terms
of this paragraph, Utilities shall undertake operation and maintenance of said facilities.
4. Prior to commencement of construction of the water facilities, Developer shall
l► provide utilities with no less than two (2) proposals by reputable contractors. Said
proposals shall be subject to review and approval by Utilities prior to Developer's
D r" ` acceptance of said proposal. Should the proposals submitted not be satisfactory to
�.P Utilities, Developer shall provide additional proposals as requested.
y5. To pay Utilities total connection charges in the amount of $Z9,240.00 which
„-.
are itemized as follows:
a
a. To pay Utilities a water connection (plant capacity) charge at a rate
of $.86 per gallon, total $29,240.00 based on the agreed upon and stipulated
flow rate of 34,000 gallons per day.
b. To pay Utilities a water reserve capacity charge per unit one month from
the date of execution of this Agreement until all the unit is connected to the
sytem and using the reserve facilities, in the amount of $ 3.10
per unit per month.
payments for these items will be made upon submission of appropriate invoice by Utilities
following the execution of the Agreement by Developer.
6. The charges contained in this Agreement are Lased upon the estimated gallons
of usage to be supplied to'Developer and Utilities reserves the right to revise such
figures to conform to the actual usage, which may be computed at any time by averaging
the prior three (3) month period during any calendar year, during the life of this
Agreement. Developer agrees to pay any additional charges which would be required by
applying the rates contained in this Agreement to any recomputed gallons of usage.
7. Utilities is not obligated to provide plant capacity or service in excess of
the amounts estimated to be supplied in this Agreement. All charges have been based
upon estimated usage and Utilities may require Developer to curtail use which exceeds
such estimated requirements.
9. Except for the aforementioned charges for extension of service, all rates
and charges made by Utilities to Developer, and to future customers who will be
services by Utilities, shall be made in accordance with the tariff filed by Utilities
with the City of Sebastian in accordance with such tariff, as amended, as may be
from time to time adopted and approved by the City of Sebastian in accordance with its
rejulatory authority contained in applicable statutes, ordinances, rules and regulations.
9. To notify Utilities in writing not less than sixty (60) days prior to
estimated date of completion of construction of facilities requiring water service,
the date on which Developer will require initial connection to water mains.
3 _
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10. That the provisio„a of this Agreement shall not be ,;onstrued as establishing
a precedent as to the amount or basis of contributions to be made by Developer or
other customers, or the acceptance thereof on the part of Utilities, for other utility
system extensions that may be required hereafter by Developer and which are not
presently covered by this Agreement.
11, To pay Utilities for the monthly service within thirty (30) days after
statement is rendered by Utilities, all sums due and payable as set forth in such
statement. Upon the failure or refusal to pay the amounts due on statements as
rendered, Utilities may, in its sole discretion, terminate service.
12. No tie-ins or hook-ups to the water system shall be made without the express
consent of Utilities.
13. To grant Utilities whatever easements are required to provide utility
services to the Developer's property or, adjacent properties,
14. Developer agrees to install, at its expense, a back-flow control device, as
specified by Utilities. Utilities shall have the right to inspect the Developer's
facilities at any time to check for cross connections and any other possible sources
of contamination, The Developer agrees to correct, without delay, all such hazards to
the system at its own expense,
C. UTILITIES AND DWELOPER AGREE:
1, The parties understand that the main extension and service availability
charges set forth herein must receive prior approval of the City of Sebastian and that
should such spproval not be given, the parties shall be relieved of all obligations
under this agreement. Additionally, the jurisdiction affecting ,ervice to developer
s
may be contested by Indian River County. Should it ultimately be determined that
Indian River County and not the City of Sebastian is the agency having jurisdiction
over the Utilities to service the Develuper, Utilities shall be relieved of any
responsibility hereunder.
2. This Agreement shall be governed by applicable rules, laws and regulations
of any governmental body, federal, state, or local, including departments and agencies
having jurisdiction of the Utilities. rhe parties agree to be bound by such increase
or decrease in gallonage amounts and rate, which may be prescribed, from time to time,
by said body or other agency having jurisdiction thereof.
L3. This Agreement shall be binding upon the successors, assigns and legal
representatives of the respective parties hereto,
4, This Agreement shall not be assigned without, the prior written consent of
Utilities, which consent shall not be unreasonably withheld; provided, however, that
Y
• ,t:ili;ies hereby consents in —ivance to the nssitjrunent by 1)OvL.,)1xYr to the master
condominium association to be formed by Developer for the management of the condominiums
to be constructed on the property described in the attached rxhibit "A" of all of this
Agreement saving only the rights of reimbursement described in Section A.3 hereof,
which rights shall be retained by the Developer. Stich assignment by the Developer to
the master condominium association shall be made at such time as Developer shall decide.
5. Any notice required to be given pursuant to the terms of this Agreement
shall be deemed properly given when sent by United States Certified Mail, Return
Receipt Requested, to the respective parties herein, at the last known address of
either of the parties.
6. Water line extension will be made to the propL�rty li.ne at such points as
are mutually agreed to by Customer and Utilities.
7. This Agreement shall be fnr an initial ppritvl of five (5) years from the
date of this Agreement and shall be automatically renewed on an annual basis unless
written termination notice is given by either party to the other thirty (30) days
prior to any anniversary date, such notice to terminate :hall be subject to review and
approval by the appropriable governmental authority.
IN WITNESS WKERROF, the parties have caused these presents to be executed on the 41- f,
day and year first above written.
L DKV m UTILITIES, INC.
4—�rl
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R I k, e ry J. M lleler
.116E PRESIDENT President
ATTEST:
ATTEST:
C aler
Cecelia Y.—A
J 4�1/rtv, Secretary
xmxx2xxxxxxxxxxxxxxxxxxxx.%(s Yg�
(Corporate "al,)
5
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EXHIBIT A
Portions of Government Lots 3 and 4, Section 8, Township 31 South, Range 39 East,
Indian River County, Florida, more particularly described as follows:
Cos nciug at the Southwest corner of aforementioned Government Lot 4, run
South 89' 38' 22" East, along the South line of said Government Lot 4, also being
the South Section line, 84.96 feet to the East right--of-way of State Road No. 5
(U.S. Hjgbway No. 1); Chance North 25' 57' 59" West along said right-of-way,
39.01 feet to the Point of Beginning. From the Point of Beginning, continue
MnwrM 751 57 5411 k�-'t iv:a aa...t "7rt
riglt-�of-way, 154.21 Beet io !La inter-
section with the East line of aforementioned Government Lot 3; thence continue
North 25' 57' 59" West along said right-of-way in Government Lot 3, 394.11 feet
to the South line of Floravon Shored Subdivision, an recorded in Plat Book 4,
page 78, Public Records of Indian River County, Florida; thence leaving State
(toad No, 5 right-of-way. run North 88' 20' 31" East along the South line of said
Floravou Shores, 173.38 feet to its intersection with the East line of Government
Lot 3; thence continue Horth 88' 20' 31" East, in Government Lot 4, 1,070 feet,
more or lode, to the Westerly shore of the Indian River; thence meander Southeast-
arly along the shore of the Indian River 720 feet, more or leas, to its intersection
with a line which bears South 89' 38' 22" East from the Point of Beginning and is
3, zest 1jorth of and parallel with the South line of Government Lot 4; thence
Worth 89' 38' 22" West, 1,300 feet along said line, parallel with the South line of
Government Lot 4 to the Point of Beginning.
ALSO BEIKG DESCRIBED AS:
That hart of Goverunant Lot 3, lying East of U.S. Highway No. 1, as now located,
and all of Government Lot 4, Section 8, Township 31 South, Range 39 East, Indian
River County, Florida, LESS AND EXCEP'Tparcels described in Teed Book 85, page 63,
and Deed Book 102, page 406, Public Records of Indian River County, Florida and
,Also MESS the South 35 feet of said Covernment Lot 4.
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page I of 2.
JAMFA A. H)NVL1lR
tAmd Bu"aying
Company
1125 12th STREET, SWIC D
P. O. BOX 1617
VERO BEACH, FLORIDA329"
TELEPHONE, 142-4744
in
AITACHMPIT "A" IBGAL OF FRANCRIFE AREA
Llteral 9! j/:h No. 5, pj-c as
follows;; 11-w ,'oiith 3'j 1'ocO, of (;ove1,11mw0 'rpt 4,
)I :"'JWh' Y) Illfban ItIvol. Cowil.'Y' Florlti'k.
MID Al,"f I
Vlorld;, D.O.T. b, t,ontl, D! fi,h No. 'j, nore f,lcu Jirly descri ted as
rollow.-- 11w, florth 35 fe(lt of, Sjboil 1'7,'11 �!:mth, flatTe
C".11lity, Fr!I
lof. [,XLra or :,ute Road No. 5.
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1'(a rt. of, 1b. ((Q1 f'oof o' !�aOtlon tv, TowmshiP 31
1;"i'l il1 lilvf-v iy!nt,, Pant of Statt:
AND Al—'kl'
Ii'it p"fri, of 1W, ), lyllit", Kvit of U.S. Mghwly No. 1, as now
"Led, :nld s"'j i of Govwiim,�tjt. Lot 44, 8, Townlihip 31 South, kmge
llld!;+Il 1:1 wir Courl ty , v] ov!,1;t and tIx(!f3:)t jxtrcel.3 descri. be.'
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Vern Reach, Fla. 32461-0878
Pura Water Utility Systems, Inc.
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Water & Sewer Franchise
Vero Peach, Fla. 32960
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ASSIGNMENT
THIS AGREEMENT by and between Muller Enterprises, Inc.,
hereinafter referred to as "Developer", Purowater Utilitiy Systems,
Inc. corporation, hereinafter referred to as "Assignee", and
General Development Utilities, Inc., a Florida corporation,
hereinafter referred to as "Utilities".
WHEREAS, Developer desires to assign that certain Agreement
executed by Developer and Utilities on December 5, 1983 (the
"Agreement") to Assignee.
WHEREAS, Assignee has agreed to assume the obligations of
Developer under the Agreement.
WHEREAS, Developer ;,-is agreed to continue to remain responsible
for all actions and representations of Developer under the Agreement
should Assignee fail to perform.
WHEREAS, utilities has been requested to consent to the
assignment of the Agreement to Assignee and to continue to serve
consumers within the the area owned and developed by Developer.
NOW, THEREFORE, POR AND IN CONSIDERATION OF THE
MUTUAL COVENANTS EXCHANGED BY AND AMONG THE PARTIES HERETO
AGREE AS FOLLOWS:
1. Developer for and in consideration of the sum of $10.00
and other valuable consideration and receipt of which is hereby
acknowledged has granted, bargained, sold, assigned, and transferred
and by these presents does grant, bargain, -jell, assign and transfer
and set over unto Assignee the Agreement, a copy of which is
attached as Exhibit A.
2. Assignee hereby agrees to assume all obligations under
the Agreement attached as Exhibit A.
3. Developer shall remain fully responsible for all actions
required by Developer under the Agreement attached as Exhibit A
regardless of this Assignment.
4. Utilities hereby consents to the Assignment of the
Agreement solely upon the condition that Developer shall remain fully
liable and responsile for all actions required by the Developer
and all representations made by Developer under the Agreement•
attached as Exhibit A.
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5. All other terms and conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS
AND SEALS ON THE DATE BELOW WRITTEN,
MULLS ENTERPRISES, INC.
Attest -
AA
Date:J.: � "1
GENERAL DF LO T TILITTES, INC.
By 1�^,�% ({
Attest: t-� 7,/7
Date:— it Ir'!
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PUROWATER UTILITY SYSTEMS, INC.
Attest -
Date:
-z-