HomeMy WebLinkAbout1984-01011
RESOIX)TION No. 1111 - t ()
BE IT RESOLVED by the Board of County Camdssioners of Indian River
County, Florida;
SECTION I
This Resolution shall be known and maybe cited as the "VISTA
PT AhTATION WATER AND WAS'I'LYJATER SYS'T'EM FRAMIISE" .
SBOHON II
DEFINITIONS
For the purpose of this Resolution, the following terms, phrases,
Words and their derivations Shall hove tie rieaning- 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
politica]. subdivision of the State of Florida.
(b) "County Engineer" may be "Coin-ity Administrator or County
Utilities Director".
(c) "Utility" is the Grantee of rights under this franchise, to
wit: VISTA PROPERTIES OF VERO BEACHt INC.
(d) "Board" is the Board of County Commissioners.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territnrv" means the area in Irids=n P2.vc"i Co
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, impounded water, water mains, services, valves,
ireters, plant, wells, pipes, tanks, hydrants, punps, reservoirs,
systems, facility or other property, real or personal, used or useful or
having the present capacity 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,
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shall ertbraee all necessary appurtenances and equipment and shall
iix:lude 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 plant, system,
facility or property used or useful or having the present capacity for
the future use in connection with the collection, treatment,
purification or disposal of wastewater effluent and residue for the
public and without limiting the generality of the foregoing definition
shall embrace treatment plants, pumping stations, intercepting sewers,
pressure lines, mains, laterals and all necessary appurtenances and
equipment and shall include all property rights, easements, and
franchises relating to any such system and 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.
SUCTION III
GRAMING OF FRANCHISE
1. '!here 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. The Utility shall, at all times during the life of this
franchise, be subject to all lawful exeroise 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.
3. The Utility shall supply the County with copies of its
Department of Environmental Regulation monthly operating reports and
trouble reports, if any.
4. The right is hereby reserved to the County to adapt, 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. provi.dpd that such
regulations shall be reasonable and not conflict with the rights herein
granted and not in conflict with the laws of the State of Florida. The
County shall have the right, but not the duty, to inspect all
construction or installation work performed.
5. Franchisee understands that the County is now considering the
extension of the County water system to this franchise area. Should the
County extend the county system, this shall bc considered a temporary
water franchise and upon the demand of the County, franchisee shall
discontinue its water operation and immediately c-o.mect to the County
system and shall pay to the County all the sums due under the County's
standard schedule of rates and fees.
SECTION IV
TERRITORY/FRANCHISE AREA
The territory in which this franchise shall be applicable is all
that past of Indian River County, Florida, located within the following
described boundary lines, to wit:
See Exhibit "A" attached hereto and incorporated herein.
SFYTT(W V
HOLD HARMLESS CLAUSE
It is expressly understood and agreed by and between the Utility
and the County that the Utility shall save the County and members of the
Board harmless frau 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 recklPsG 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 ^^tify t:e Utility � L aptly after presentation of any claim or
demand.
SEMON VI
CERTIFICATION OF CCWLIANC.'E
1. The Utility shall maintain and operate its water/wastewater
plant and system, and, render efficient service in accordance with the
rules
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and regulations as are or ney be set forth by the Board frcan time to
time, which shall include but not be limited to "Construction
specification for Water Treatment/Distribution and Sewage
Treatment/Collection Facilities" promulgated 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 engin°ers shall
certify to the County that the dPaicc_m standaxdssa as set forth in said
"Construction Specifications" of Indian River Utilities Department,
July, 1980, or as amended, will be met by completion of the project as
shown on the plans submitted. The Utility shall cause said
certification to be submitted to the County along with the Florida
Department of Environmental Regulation applications and plans, for
County review. Submission to the county for review may occur
ci, mil+ n�µ�ly
—4th j lyy,�y LLssjoll Cyr Said dcicaieilts to the Florida
Depax—anent 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 met.
3. Upon the completion of all construction of the water and
wastewater treatment 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 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 systems 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 from the engineer, the County will
issue a letter acknowledging the constnir_tion of the water and
wastewater systems. 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 unreasonable withheld. The Utility shall
grant necessary easements to the County without charge to connect the
water and/or 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 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 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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SDCTZ(N VII
=IFICATI(N OF OPERATIONS AND MAINTk'9N=
1. All of the facilities of the Utility shall be constructed in
accordance with the plans and specifications approved by the Deparbmnt
of Environmental Regulation of the State of Florida and Indian River
County Utilities Departm nt. The manner of treatment and distribution
of water and the manner of collection and disposal of wastewater shall
at all t -i -m be and remain not inferior to tha tnialii-y 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
re; i shred in the State of F for i da-.
SECTION VIII
UTILITY'S AUTHORITY TO Piifk'iULGATE NECESSARY PROCEDURES
I. The Utility shall have the authority to proimilgate such rules,
regulations, term 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 servirx. 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 turns herein where discretionary power is left with the
Board of County co missioners, the Utility, before discretionary action
is taken by the Board of County Commissioners, can request said Board
that a group of arbitrators be appointed and such group shall consist
of:
a) County Utilities Director
b) Utility Engineer
c) One person selected by the above two persons
and this Board of Arbitrators shall make reco;miendations to the Board of
County Canuissioners, but such reconuendations are not mandatory. Any
arbitration shall be in accordance with the Florida Arbitration Code.
3. my 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.
DEDICATED EASE KMTS
SECTION IX
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All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains
and manholes and other fixtures laid or placed by the Utility for the
water and/or 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, whenever practicable, avoid
interfering with the use of any street, alley or other highway where the
paving or surface of the same would be disturbed. In case of any
disturbance of county -owned pavement, 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
cmu enced and shall maintain the restoration in an approved condition
for a period of one (1) year. in the event that any tine the County
shall lawfully el( -rt to alter or ch_a^gc — g aue or w relocate or
widen or otherwise change any such County -awned right-of-way, the
Utility shall, upon reasonable notice by the Cowity, remove, relay, and
relocate its fixtures at the Utility's expense. The Utility shall not
locate any of its facilities nor do any construction which would create
any obstructions or conditions which are or may become dangerous to the
traveling public. In the event any such public place under or upon
which the Utility shall have located its facilities shall be closed,
abandoned, vacated or discontinued, the Board may terminate such
easement or license of the Utility thereto; provided, however, in the
event of this termination of easement, the party requesting such
termination shall pay to the Utility in advance, its cost of removal and
relocation of the removed facilities in order to continue its service as
theretofore existing, or the County shall retain-- casermnt not less
than fifteen (15) feet in width for the benefit of the Utility and its
facilities.
SECTION X
SERVICE REQUIREMENTS
The Utility shall provide service within the franchise tem +��Z 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.
SECTION XI
plMILAnILM OF Sipa VICE
1. Subject to the provisions of. Section XI (b) the Utility shall
furnish, supply, install and make available to any and all persons
43iiiliri the franchise territory making demand therefor, its public water
and/or wastewater system, and shall provide such demanding person with
its services and facilities; provided, however, that the Board may, upon
application of the Utility extend time for providing such .service to
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such demanding person. In the event the Utility fails to provide its
services and facilities as an water and/or wastewater system to any area
within the franchise territory within the time specified by the Hoard,
then in such an event, the County may, by resolution of the Hoard,
limit, restrict and confine the territory to that area then being
serviced by the water and/or wastewater system 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 meati that a fair and reasonable
rate of return shall be realized by the Utility for a?1 i_t_s sen'ices
under this franchise; that such rate of return on its rate base under
efficient and economical management. The burden of showing that
prospective service to the area is not financially feasible shall be the
burden of the Utility.
SDCPIGN XII
TRANSFER OF CWNTTERSHIP
Ifhe 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 accompanied by a request from 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 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. ThP Apard shall act ::itl i . r ,'"^)Uays Pu
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 %axE Utili Ly 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.
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SE)CPION XIII
ADDATE CAPACITY
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.
SECTION XIV
NOTICE OF ADJUSTMENT 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 sc'_a--dule then in effect and further containing
the following statement:
"THIP water/,o stewater rates set for+l; hoy--y„
have been authorized pursuant to Indian River County
Water/Wastewater Franchise Resolution No. 84-10 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 commences to furnish
water/wastewater service to •'your property."
SECTION XV
RATE SCHEDULE
1. The rates charged by the Utility for its service hereunder
shall at all times be c mpensatory and shall be fair and reasonable and
designed to meet all necessary costs of the service, including a fair
rate of return on the Utility's 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 requlatory 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 set at a public hearing for that purpose which shall remain
effective until changed or modified as herein provided. In setting said
raw s, the Ccunty s`ali be yuiueci 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 anct 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
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provisions of this Ordinance deal with the mechanisfns 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
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 ny--ter iG cu
irnacratei the M r Vill1 !— rcp^ir u or
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 making repairs or installations, the Utility shall do so
at such tines 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) The approved rates of any utility which receives all or
any portion of its utility service from a governmental agency or frau 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 govermmntal 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 gtibsention shall not prevent a utility fru; 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
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 Board 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.
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(d) Notwithstanding anything herein to the contrary, no
utility may adjust its rates under this subsection more than two times
in any 12 month period.
C=a'.VICN CHARGE/CAPACITY DEMAND FEE
Connection charges shall be established by public hearing prior to
system going into operation.
FRANCHISE FEE
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
ut, I , ty s +iu1 i pxy tti c .r] o frailCliijG fCG LjLLtIL l L Iy • said Lee Snail 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
accounting 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�%) renewal and replacement account has
been collected ecte and d-; sba--- d i.. accordance w' i.l the LCLIi Of
1.1115
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 occunanry; as a
contribution in aid of construction charge (for future connection to
County water distribution mains or wastewater collection systems) as
provided for in Ordinance 80-21, Section 3, Part B. Utility further
agrees to pay a sum per ERC for water and wastewater plant capacity
charge, as each unit is completed as the future plant capacity charges
as provided for in ordinance 80-22, section 1 or according to the
Ordinances in effect at the time of the issuance of a certificate of
occupancy.
2. The County will deposit all escrow charges paid for any and
all connections in this franchise into an interest bearing account.
Maximmun interest paid shall be equal to passbook rates. The fees
referenced in this section are subject to the escalation provisions of
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section XN contained herein, usinq the county factor established in
Ordinance 80-21 and 80-22. The fees referenced in this Section shall
always be reasonable.
3. 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 annually upon
request made by it to the County.
4. Should the County at any time 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
fin the obligation of payment of further connection charges to the
County and this franchise shall terminate.
a) The County shall have the right to purchase the
Utility's water and/or wastewater plant at Utility's original
construction cost, land cost, plus costs associated with capital
additions and expansions to the system less three and one-half percent
(3�%) depreciation per year. Depreciation on the system shall be
calculated to start at the time the county issues a letter acknowledging
the construction of the water and/or wastewater system as provided in
Section VI. Upon acquisition of the water and/or wastewater plant and
appurtenant real estate, 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 County.
b) In the event of an acquisition by the County, or the
utilization of the County's own plants, the County shall receive the
water distribution and/or wastewater collection system free of cost and
in good repair, wear and tear excepted. The Utility agrees to grant to
the County any easements nocecc�a j' to co.-- the water and/ a r
wastewater system to the County's water/wastewater systems without
charge. The Utility shall pay all escrowed impact fees upon acquisition
or upon connection to County's own plants.
c) If in the event the County determines that it will
not exercise its option under item #4(a) within seven (7) years, escrowed
contributions in aid of construction or impact fees shall become part of
the renewal and replacement fund and may be used as described within
Section XVII, RENEWAL & REPLACEMENT ACCCUNT. If at any time thereafter
the County takes possession or makes use of the utility systems, all
contributions in aid of construction funds collected will vest to the
County and those funds which have been expended or an equal amount would
be deducted from any purchase price.
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SE)MON XVII
RE2d& NAL & REPI.ACIIYTP ACCOUNT
7W and one half percent (2�%) of the operating cost 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 dollar:s
($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
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 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 "B" attached hereto and incorporated herein.
2. The Utility shall cause the County to be duly notified by the
insurer in the event of any modifications or deletions of the insurance
as set forth in said Exhibit "B". Said atnniin+c shall be adjusted `u- 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 est-blished by the Board for 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
oamplaint. If the Board finds reasonable cause does exist, the Board
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shall so 1iotify the Utility and nY�xest the Utility to satisfy or iinedy
such cxmplaint. If. the Utility fails, within a reasonable time, to
satisfy or remedy such ccnplaint 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.
W-A"MAMAKA
CHANGE N 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
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 mor-: than one month or
less than one week preceding such hearing. Certified proof of
publication of such notice shall be filed with the Board. Said hearing
may thereafter be continued for a reasonable time as determined by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by such order, 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.
SECTION XXI
CONSTRUCTION PERMITS
Prior to the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility sh�:.11 : ay�.iiv'a%itni
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. The 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
13
deficiencies or defaults and a reasonable time within which the Utility
shall renudy 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 Hoard may thereafter schedule a hearing
concerning the sat. with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
Hoard may levy liquidated damages of no less than fifty dollars ($:i0)
per day that said deficiency or default exists from.. the date of said
hearing held by the Hoard; and the Hoard 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
of the Hoard's action by filing a petition for Writ of Certiorari in the
Circilit Court of the .r...^,.n j
SECTION XXIII
RIGHTS OF LANDOWNERS
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 grantrl by the Board pursuant
to Section 125.42, Florida Statutes.
SECTION XXIV
CONTRACTUAL AGREE2ff Rr
It is specifically agreed by and between the parties hereto that
this franchise shall be considered a franchise agreement between the
Utility and the County and as such a contractural instrument recognized
under the Statutes and Laws of the State of Florida. This franchise
agreement is not intended to create rights or actions running in favor
of third parties, except as herein specifically provided.
SBCTION 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 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.
J1117 TP OF FRAM-11ISP AREA
SECTION XXvi
14
The franchise area is intended to be developed as a condcmi.num
development with a eondcminum association organized pursuant to chapter
718, Florida Statutes. Anything 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 terns and conditions hereof and pursuant to the public
hearing requirewnts set forth under Section XII hereof.
_QM7PT(W XXVTT
IMXWION 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 Eoard of County Commissioners of. Indian
River Cminty, Florida has ranged this franchise tv .t"ie executted Lit he
name of the County of Indian River by the Chairman of the Board of
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Board of County
Ccamissioners adopted on the 8th day of February , 1984.
Signed, sealed and delivered
in the presence of:
anti
COUND' OF INDIAN RIVER, FLORIDA
B
Dcn C. Scurlock, Jr., chairnlzv
Board of�yCounty-_Qonmissioners
Attest: `f `lf ii1
Clerk '__ ,�i4! j�•:� cJde�� .� .
V
arandenbui ACCEPTANCE OF FRANCHISE
Aherne >,
VISTA PROPERTIES OF VERO BEACH, INC., a Florida corporation, does
hereby accept the foregoing franc --hi se, and for their ...w..cc,-Gors a:,d
assigns does hereby covenant and agree to comply with and abide by all
of the terms, conditions and provisions therein set forth and contained.
DA'T'ED at Vero Beach, Indian River County, Florida, this -JJ—A day
of �P�_, 1984.
TNESS: VISTA PIES OF VERO BEACH, INC.
nald Ewilig, President
15
STATE OF FWRIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared Ronald Wing, as President of VISTA PROPERTIES OF
4'ERO BEACH, INC., a Florida Corporation, and he acknowledged before me
that he executed the foregoing instrument for the uses and purposes
therein expressed.
WITNESS my hand and official seal in the State and County aforesaid
this 17A day ofutr(_, 1984.
1
Notary Public, State of Florida at I.arge-
My Con -mission expixes:
Not"y Pumic, State of Florida
#Ay Conm;ssion Expire; Nov. 27, 19$5
aend.d Th. ire, isin • Imm�nca. Lit,
1U
44
EXHIBIT "A"
(page I of 2)
cj2rld tj MAP
VJSrA - aAAI7-Ar-/QM
TR. 8
LACE GREEN,
(EAST)
E RIW TR9 I A
TRAO
15
1I
16
f
A
1`7,
13
TR. 8
LACE GREEN,
(EAST)
E RIW TR9 I A
TRAO
13
1. T5
IP -R. 4
c
TR.12
SEE MLARGED 1/4
ITF3.6
1I
f
13
1. T5
IP -R. 4
c
TR.12
SEE MLARGED 1/4
ITF3.6
Ilia 4p
40
fe
L
ATTACWNIml- FrA,,rii;st A,,, -`I (page 2 of 2)—
z
&A A'
CERTIFICATION
00 HERESY CERTIFY THAT AM A DULY LICENSED AND
PRACTICING LAND SURVEYOR IN THE STATE Of FLORIDA, AND THAT UNDER My SUPERVISION
TH' S SURVEY WAS MADE PER DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST Of
My HHOWLEDGE AND BELIEF, AND THAT. THERE ARE No Vt:'$Lt ENCROACHMENT] ',
,
EXCEPT AS SHORN. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR ADDITIONAL
EASEMENTS AND/ OR RIGHTS-OF-WAY OTHER THAN S.O.N.
IN WITNESS WHEREOF I HAVE HEREUNTO EXECUTED THIS CERTIFICATE 7.13
DAY 19&--, BEING THE DAYS AS 01 THE DATE SAID SURVEY
757E.
Qr�47 .
Z.
CARTER ASSOCIAIFA.
REGISTERED LAN SURV-11
6l6a
CONSULTING ENGINEERS SLANDS.AVE10"s
170. FIST Sy* -9T VEROBEIC..11OXIDA
PC
W
4D
CERT;' CATH OH INSURANCE EXHIBIT "B"
® Wausau insurance Companies
n forms in use by the company have been issued.
This is to certify that the insurance policies (described below by a policy number) written o
This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy
referred to herein.
Name and address of Insured
Kiril CoverogedcOo's
Expiration Data
Policy Number
Vista Properties Inc.
Producer No.:
1431
100 Vista Royale Blvd.
Place:
Orlando
Vero Beach, FL 32960
Date Issued:
1-12-84
1414 00 075916
Region:
ITL,
Kiril CoverogedcOo's
Expiration Data
Policy Number
Ill. Unless otherwise indicated, this policy arms run w.�..y.^�_• •d- --------
stales where coverage can be provided only by
of
Compensation laws of all stores (accept
State funds, and Canada) and as designated in the policy and endorsements for Coverage
Workers'
Compensation•a
5-31-84
1414 00 075916
B- -
Emplayers'Liabiuty.
Limits of liability
5-31-84
1424 00 075916
Bodily Injury
Property Damage
f
500,000 Each Oc<unance
S 100,000 Each occurrence
Comprehensive
Oenerolltability
Special Multi -Peril or ❑
f
rjQQ QOO Aggregate
I
S 1OO OOO Aggregate
(rodemark (section 11 only)
q{Included
El Excluded
Single Limit f Each Occurrence
9
Products -Completed Operations:
E Aggregate
Contractual - All written Conhacs: Included
❑ Not Covered
Each Occurrence
E
Each Occurrence f
Owners', landlor__H
f Aggregate
and Tenanti liability
Each Occurrence f Each Occurrence
Contractual liability -
E
E Aggregate
Designated Contracts
Stngle Limit $ Each Occurrence
Only
f Aggregate
2 5-31-84
1424 02 075916
E
Per Person
Automobile Liability
E
Per Accident
�Singl.tunit
f Per Accident
® All Owned Autos
[2 Hired and Nonawned
Autos
S 500 .000 Per Accident
❑ specified Autos Only
3 5-31-84
1434 00 075916
f 10, 000, 000 Each Occurrence
$ 10, 000, 000 Aggregate Products - Completed Operations
umbrella
Liability
E 10F000 Retention
special Provisions/Locations/spectrreo euros:
Thirty days' notice of cancelation will be given to the owner of this certificate.
Additional T3ained Insured: Indian River county Utility Services
I
rainy the insurance altord
Not withstondirg any roqutrement, term or condition of any contract or other document with respect c whi c the cerhfiduri g the tw (s) thereof. reof. LC! o _
ed by the pohcy (pollees) dil bed above is subject to aft of the terms, eaclus ons and conditions of such policy (fwhoes) during the terms) (hereof.
*The entry of a number in this column means that the coverage is aflarded by the company desiynated by the same number.
-issued by 1. WAUSAU LLOYDS
Issued to: 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
• Indian River County Utility Services 3. WAUSAU UNDERWRITERS INSURANCE COMPANY
Administration Bldg, Attn Terrance Pinto 5. WORLDWIDE. UNDERWRITERS INSURANCE COMPANY
1840 25th Street 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU
vera Beach, FL 32960 x°•AJ�.TT_
e Signed ^
(sl I S SIDE
t 't