HomeMy WebLinkAbout1985-06740
RESOLUTION NO. 85-67
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 "SOUTHEAST
WATER AND SEWER CO.".
SECTION II
DEFINITIONS
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the 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 Administrator or County
Utilities Director".
(c) "Utility" is the Grantee of rights under this franchise, to wit:
SOUTHEAST WATER AND SEWER CO.
(d) "Board" is the Board of County Commissioners.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County,
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,
meters, wells, pipes, tanks, hydrants, pumps, 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, shall embrace all
necessary appurtenances and equipment and shall include all property,
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rights, easements, licenses and franchises relating to any such system
®9 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,
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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.
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 wastewater system as herein defined within the described
territory as herein provided and for these purposes to operate and charge
for the use of a wastewater system 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 fifteen (15) years.
2. Indian River County and franchisee recognize that franchisee
will not provide a water treatment plant on site, and franchisee has made
arrangements to obtain water from Indian River County and pay all costs
pursuant to the County Utility Ordinance and franchisee will be
responsible for the construction of distribution lines that will be
necessary to connect to Indian River County's water system at a point
determined by Indian River County Utilities Department.
3. Franchisee understands that the County is now considering the
extension of the County wastewater system to this franchise area. Should
the County extend the -County system, this shall be considered a temporary
wastewater franchise and upon the demand of the County, franchisee shall
discontinue its wastewater operation and immediately connect to the
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County system and shall pay to the County all the sums due under the
® County's standard schedule of rates and fees. The County shall not be
required but may at its option purchase the wastewater plant according to
Section XVIA.
4. The Utility shall supply the County with copies of its
Department of Environmental 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 County, provided 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.
6. The Utility shall, at all times during the life of this
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.
SECTION IV
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 Exhibit "A" attached hereto and incorporated herein.
SECTION 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 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
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.
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SECTION VI
- CERTIFICATION OF COMPLIANCE
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1. The Utility shall maintain and operate its 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 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 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 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 simultaneously with submission of said documents to the
Florida Department 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. Upon the completion of all construction of the wastewater
systems, the project engineer for the Utility shall certify, under seal,
that they have been constructed 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 mylar and one set
of regular blueline prints; and that the 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 from the engineer, the
County will issue a letter acknowledging the construction of the
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
wastewater system to the County Master Wastewater System together with
such easements as are necessary to provide access to the wastewater
lines, where and if the County makes 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 MAINTENANCE
1. All of the facilities of the Utility shall be constructed in
accordance with the plans and specifications approved by the Department
40 of Environmental Regulation of the State of Florida and Indian River
County Utilities Department. The manner of the manner of collection,
treatment and disposal of wastewater shall at all time be and remain not
inferior to the quality standards for 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
registered in the State of Florida.
CPrrPTOW VTTT
UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES
1. The Utility shall have the authority 1.3 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 times herein where discretionary power is left with the
Board of County Commissioners, 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 recommendations to the Board of
County Commissioners, but such recommendations are not mandatory. Any
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 EASEMENTS
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains and
manholes and other fixtures laid or placed by the Utility for the
wastewater system shall be so located in the dedicated easements in the
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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
O 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 commenced and shall maintain the restoration in an
approved condition for a period of one (1) year. In the event that any
time the County shall lawfully elect to alter or change the grade or to
relocate or widen or otherwise change any such County -owned right-of-way,
the Utility shall, upon reasonable notice by the County, 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 an easement 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 territory on
a non-discriminatory basis as if it were regulated under Florida Statute
Chapter 367 (1980), except to the extent that said provisions are in
conflict with the provisions of the franchise.
SECTION XI
AVAILABILITY OF SERVICE
1. Subject to the provisions of Section XI (b) the Utility shall
furnish, supply, install and make available to any and all persons within
the franchise territory making demand therefor, its public 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 such demanding
person. In the event the Utility fails to provide its services and
facilities as a wastewater system to any area within the franchise
territory within the time specified by the Board, 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 wastewater by the
Utility or such greater area as the Board shall determine; and
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thereafter, the territory shall be only the area set forth, in the
® resolution adopted by the Board.
2. The Utility shall not be required to furnish, supply, install
and make available its 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 prospective service to the area
is not financially feasible shall be the burden of the Utility.
QPrTTnM XTT
TRANSFER OF OWNERSHIP
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 effect ve until the vendee,
assignee or lessee has filed with the Board ari 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. 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.
SECTION XIII
ADEQUATE CAPACITY
Utility warrants adequate capacity to service evict4ng or
anticipated customers and agrees not to provide wastewater service unless
adequate capacity is available at the time any new connection is made.
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SECTION XIV
® NOTICE OF ADJUSTMENT OF RATES
Upon the initial connection of any customer to the wastewater system
or upon the reconnection of any new customer to the 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 wastewater rates set forth herein have been
authorized pursuant to Indian River County Wastewater Franchise
Resolution No. as amended. Said 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 wastewater franchise is terminated
and Indian River County commences to furnish wastewater service
to your property."
SECTION XV
RATE SCHEDULE
1. The rates charged by the Utility for 'ts 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 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.
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Provisions of the subsection shall not prevent a utility from seeking
® changes in rates pursuant to the provisions of subsection.
(a) 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.
(b) Notwithstanding anything herein to the contrary, no
utility may adjust its rates under this subsection more than two times in
• any 12 month period.
CONNECTION 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 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
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 (2-1/2%) 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 impact fee for each unit in effect at the time of the issuance of
a certificate of occupancy, as a contribution in aid of construction
charge for future connection to County wastewater collection systems
2. The County will establish separate interest bearing passbook
for the wastewater system and will deposit all escrow charges paid for
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any and all connections in this franchise. The fees referenced in this
section are subject to the escalation by the County.
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 the interest bearing account on
September 30th of each year.
4. Should the County at any time provide a wastewater collection
system and furnish wastewater services to individual customers within the
franchise territory, the sums of money remaining in said account
consisting of impact fees shall become the absolute property of the
County and the Utility shall have no rights thereto.
a) The County shall have the right to purchase the
Utility's 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 (3-1/2%) depreciation per year.
Depreciation on the system shall be calculated to start at the time the
wastewater treatment plant is issued a permit for operation. 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.
b) In the event of an acquisition by the County, or the
utilization of the County's own plants, the County shall receive the
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 wastewater system to the County's wastewater
systems without charge. The Utility shall pay all escrowed impact fees
and any deficiencies 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 to purchase the system under item #4(a) within
seven (7) years, escrowed impact fees shall become part of the renewal
and replacement fund and may be used as described within Section XVII,
RENEWAL & REPLACEMENT ACCOUNT. If at any time thereafter the County
takes possession or makes use of the utility systems, all escrowed 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.
n r+nmT/11.T V17TT
RENEWAL & REPLACEMENT ACCOUNT
Two and one half percent (2-1/2%) of the gross receipts of thF
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 wastewater system of the Utility. Additionally, the Utility shall
initially fund said account with two thousand dollars ($2,000) which will
also be reserved for capital maintenance items. Interest shall
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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 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 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.
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 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 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 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.
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SECTION XX
® CHANGE IN RATE SCHEDULE
Should the Utility desire to establish rates and charges or should
the Utility desire to increase any charges heretofore establijhed and
40 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 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. 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 D`rit 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 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. 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 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
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
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part if proper reasons thereby are found by the Board. If the Board
® enters an order pursuant to such hearing and the Utility feels aggrieved
by any such order, the Utility may seek review of the Board's action by
filing a petition for Writ of Certiorari in the Circuit Court of the
ti County.
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 granted by the Board pursuant to
Section 125.42, Florida Statutes.
SECTION XXIV
CONTRACTUAL AGREEMENT
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 contractiral 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.
gPOTTnM 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.
QPrTTnM XXVT
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 Chairman of the Board of County
Commissioners and its seal to be affixed and attested by its Clerk, all
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pursuant to the resolution of the Board of County Commissioners adopted
on the 19th day of June , 1985.
• Signed, sealed and delivered
in the presence of:
COUNTY OF NDIAN RIVER, FLORIDA
BY
PATRICK B. LYONS,
Chairman, Board of Cloenty
Commissioners
Attest: Jh.ceCa 1AAZ_ k4
Clerk
.ewer.wsesi
Appr ed a m
and a stiff' n��tt�/
G�G
ACCEPTANCE OF FRANCHISE Gar M. Brandenburg
My Attorpa�- -
SOUTHEAST WATER AND SEWER CO., does hereby accept the foregoing
franchise, and for their successors and assigns does hereby covenant and
agree to comply with and abide by all of the terms, conditions and
provisions therein set forth and contained.
DATED at Vero Beach, Indian River County, Florida, this 23rd day
of May , 1985.
WITN SF.S: 5u
j.
� a (By
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
TER AND SEWER CO.
doDorta-Duque
ASrg Sr. Executive Vice -President
I HEREBY CERT•7.FY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared Jorge Dorta-Duque Sr Exec. Vice --)x% President of
Southeast Water & Sewer Co. , a Florida corporation, and he
14
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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 23rd day of May , 1985.
Notary Public, State of F1 ida
• C 1..I .
n.
at Large
(NbT,ART;,h ($EAL)
My commission expirea:
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15
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CAR'T'ER ASSOCIATES, INC. _
CONSULTING EN(UN.EERS AND LAND Sl;ltVEYOUS
MARVIN F CAR71R, RI S
I",11A 11, �:': AP I' III'.
Id AI I I 11,1 11111. I'
August 23, 1983
VERO GROVE
LEGAL DESCRIPTION
ATTACHMENT "A"
1708 71J TPIFI
VI 1� . 1111.,_11, II 17'/G•I
,li. •. f.7 Til
Government Lot 2, in Section 29, containing 26.26 acres, together with parcel
of submerged land adjacent to said Government Lot 2, as described in Official
Record Book 193 at Page 340, containing 7 acres, more or less and,
That part of the Northeast Quarter of the Southwest Quarter of Section 30,
lying East of U.S. Highway #1 and containing 13.66 acres, the Northwest
Quarter of the Southeast Quarter and the Northeast Quarter of,the
Southeast Quarter of Section 30, containing 80 acres, more or less.
All being in Township 33 South, Range 40 East, Indian River County, Florida,
and comprising a total area of 126.92 acres, more or less.
As recorded in Official Record Book 334 - page 384.
EXHIBIT "A"
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•' • ifi0 i j��� �''�` ISSUE DATE,VAMiD01YY) .
3
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�- 3/7/65
P ODJCEfl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
> I•,NO RIGHTS I PON THE CcRTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
I.nmwance Agmx.i 9XTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
840 Biscwl @ Blvd
Miami, Florida 33132 ! COMPANIES AFFORDING COVERAGE
CC'APAETTERNY '� Old REfI0.l Ic Douranm OryCOYPANY !3
.
INSURED I LETTER Zwdch noun ice OMVWW
Southeast Ehterpri:-es, Im EML CO%IPANY _ —
500 NX. 165 St LETTER
Mimi, Florida 33169 COMPANY D
LETTER
: PA'JY
�r h/ . �. .• ,,.�;.�.'t7F'?As'.�'.q!'i'�^aet?!..yrf.•Mr'yw..r,�;�.. •�..�--�t^s'1 ;!1;1�� I',��1L^R�/��'p-xT.^RT1R1.
.yam �iir;,�s..itiai4lL't: ai.rA �:�.:t L.::..+t.'Y�l�as;'•'mai^.�i...l:.L.....w....i:illiYal.W:5�6 - ���ilGG
THIS IS TO CERTIFY TCAT POLICI'cS CF INSURAIICE LISTED BELOW HAVE SEEN ISSUEDTO THE 1 !C,URFD NAMED A30V£ FOR THE POLICY PERIOD INDICATED.
`'OTPJIT4STAIl01NG ANY RECWASM<_NT. A OR CT-IITiCN OF AUY CONTRACT CR GTF'ER JGBI; :Epi WITH riESP_CT 'O WmICH THIS CERT!FiCATE MAY
BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOPOED BY THE POLICIES CESCRIBED HEREi4 15 SUBJECT TO ALL THE Ter -t3. EXCLUSIONS, AND CONDI-
TIONS CF SUCH POLICIES.
CCI TYPE OF :':SURAI:CE c�UJ1 NU :'.HER - - - 'r r•_,t.'•. I-'='�I-_ITY --I`.IIFS IN THOUSANDS
LTRI _ e - - G.,it aGGAEGATE
•p:NERAL LIABILITY c
I I 5JD4'I
A ,_.,.ESI :,s;E F.='A Z 434431f1/85 I g S
ii
r— cR,:r�,,7 I ID4�aGE Is
:f'a;L C" , n',Ep S 500 I S 500
'X ncpn„^,...i C.C':Tr•,.fiJ?S I j
X •�AO F;;'d Dafr 9TY G,":.A;F i
R=:az;AL I';-URY I I PERSONAL INJURY S 500
}('
— ----
:UTOMGBILE LIAEALITY
•
:ALL G'.NNED AUTOS
I
IND AUTOS aaaa_arr
3.
iF 401-MNED AUTOS ' I i I I D 14fAGE s
�: --,
CJ.RAGE llAd.! ITV PD
i
EXCESS LIABILITY
B �!.!6R'.LLA FCF.41 CU 309 51 96 01 I/I/85 1/1/86 I c++e ,_D I Z'000 I S 5,000, 1a
'•� I
OTHER '!•cq _s
I 5TATUtCRv !
WORKERS' CC'JF EN SAT;CN
E"APLOYERS' LIhiILIT'! CS=Cr+FL'�LBYE
_ OTnER i
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Adaitional. named insured: Southeast I -later & Semw many
j Insured Indian gj
wi respects to gro�xty at r�aian I2iCler ammty.m EX[{IBIT "B"
SHOULD ANY CF THE A9GVE CESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
Mic
Michael 0/Fia]re !;;4T;CA ::ATE T tEREOF, TJE ISSUING COMPANY WILL ENDEAVOR TO
3111 Caldiml live MAILh0 gNYS'NRIT-EN NOTICE O THE CERTIFICATE HOLDER NAME TO THE
LE:•'f. _ .. EAILU.JE 'TO'-. 'UCH
NO' .E SHAL d f OLIGATION L IABIUTY
Tem Beach, Flarida 32963 CF ANY '!'!!D U?Cil T?' C: AtANY
AUT,. w: ED ,:I."- - -- — - ---'-
r--•- ,�.. �. �. e , ,K , - . f , Jam �F. St?�Ptft (11.o.
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