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Home My WebLink About1984-029111[ 40 db of t RESOLUTION NO. 84-29 r 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF IRIDIAN RIVER COUNTY AUTHORIZING A TRANSFER Of OWNERSHIP, AND A CHANGE OF FRANCHISE NAME GRANTED IN RESOLUTION NO. 73-76, AND PROVIDING FOR CERTAIN MODIFICATION TO THE FRANCHISE AGREEKW.r GRANTED TO BREEZY VILLAGE, LTD. ; SEK—ER AND WATER FRANCHISE. 1. Section I of Resolution 73-76 is hereby amended to read as follows: SECTION I WHEREAS Indian River County granted Breezy Village, Ltd., a non-exclusive franchise on November 30, 1973. Breeze Village Ltd., sold its system and premises to Breezy Village Sewer and Water Ccnpany, Inc., in 1978. Breezy Villaqe Sewer and water Croup -any, Inc., has requested the transfer of this franchise Breezy Village Sewer and water Carpany, Inc. Transferee accepts the terms of Resolutio i No. 73-76 as arcended herein and agrees to perforin all of the conditions thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CYXUNTY COMMISSIOM6 OF INDIAN RIVER COUNTY that Resolution No. 73-76 be amended as follows: 2. Section VII of Resolution 73-76 is hereby amended by adding the following paragraphs; SECCTION VII The Ccnpany shall supply the County with copies of its Department of Environmental Regulation ironthly operating reports and trouble reports, if any. The Ccxnpany shall supply the County with an annual report of L rations and maintenance certified by the Conpany's engineer who must be registered in the State of Florida. 1 t 3. Section VIII of Resolution 73-76 is hereby amended to read as follows: SECTION VIII All the facilities of the Ccnpany shall be constructed only in accordance with plans and specifications approved by the State Hoard of Health of the State of Florida and the quantity and quality of water delivered and sold and the manner of collection and disposal of sewage- shall ewageshall at all time be and remain not inferior to the rules, regulations and standards now or hereafter adopted by the State Hoard of Health. The Company shall maintain sufficient water pressure and mains of sufficient size with fire hydrants and other facilities necessary to furnish fire protection at any and all areas within the territory serviced by the Company. The Conpany may also supply all water through meters which shall accurately measure the amount of water supplied to any consumer. 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 ina(-.;urate in its delivexy. If the meter is inaccurate, the meter will be repaired 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 times as will cause the least amount of inconvenience to its cons„mPrs 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. 4. Section IX (b) clauses 1, 2, and 3 of Resolution 73-76 is hereby amended to read as follows: SECTION IX (b) At all j-Lr-�s here__ 11CLC111 wiierc (:ISC;L0tlO_ndry power 1S left with the Board of County Con dssioners, the Company, 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: 1. County Utility Services Director 2. Company Engineer 2 3. one person selected by the above two persons and this Board of Arbitrators shall make recamiendations to the Board of County Ctnmissioners, but such recommendations are not mandatory. 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. 5. Section XV of Resolution 73-76 is hereby amended to read as follows: SECTION XV IMNCHISE FEE 1. The Utility hereby agrees to pay to the County a franchise fee in the amunt 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 ,_.id 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 Contnissioners 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 from a CPA certifying that the six percent (6%) franchise fee and the two and one-half percent (2W renewal and replacement account has been collected and disbursed in accordance with the terms of this Agreement. RENES\L & REPLACEIETr AC,'COUNr Tom, 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 Utility shall initially fund said account with five hundred dollars ($500) which will also be reserved for capital maintenance items. Interest shall accumulate in said account until the account reaches five 3 4 thousand dollars ($5,000); 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 :.,'aid 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 the County. In the event that the County purchases the corporation's utility system pursuant to the provisions of this franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. IN WITNESS WIMEOF, the Board of County Ccnmissioners of Indian River County, Florida has caused this franchise to be executed in the nan-e 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 resoluton of the Board of County Comlissioners adopted on the 2nd _— day 04- May —, 1984. Signed, sealed and delivered C RM OF INDIAN RIVER in the presence of: By: C Don C. Scurlock, Jr., Board of County Commissioners Attest to LQ/ j Approved.,Wfon)and ingca, % Clerk ar 1. Brandenburg ACCEPTANCE OF FRANCHISE -iy Attorney BREEZY VILIAC,E SEWER AND WATER COMPANY, INC., a Florida Corporation, does hereby accept the foregoing franchise, and for their slleCrPSsorB and assigns rima hereby coYenar;t and agree to twl- a. u a aiiu abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this �_ day of )Lll, 1984. 4 WITNESS: BREEZY VILIAGE SEWER AND WATER COMPANY, INC, By: L. Wilson, President STATE OF FLORIDA (AUNTY OF ST. LUCIE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally, appeared J. L. Wilson, as President of Breezy Village Sewer and Water Company, inc., a Florida corporation, and he acknowledged before me that he executed the foregoing instilment for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this �.~ day of. , 1984. .t. Notary Public, State of Florida at Large My canmission expires: r Notary Public, State of Florida My Com fission Expires APril 23, 1987: pooa.a Ikw Im.. rNe: lmw-9% 5 Notary Public, State of Florida at Large My canmission expires: r Notary Public, State of Florida My Com fission Expires APril 23, 1987: pooa.a Ikw Im.. rNe: lmw-9% 5