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HomeMy WebLinkAbout1985-069RESOLUTION NO. 8 5 •• 6 9 ® A RESOLUTICN OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUN'T'Y AUTHORIZING A TRANSFER OF OWNERSHIP GRANTED IN RESOLUTION NO. 77-94: A CHANGE OF FRANCHISE NAME GRANTED IN RESOLUTION NO. 74-15: AND PROVIDING FOR CERTAIN MODIFICATION TO THE FRANCHISE AGREEMENT � GRANTED TO MAGUIRE/TREASURE COAST UTILITIES FRANCHISE. 1. Section I of Resolution No. 74-15 is hereby amended to read as • 4 ® follows: o SECTION I WHEREAS Indian River County granted Maguire/Treasure Coast Utilities an exclusive franchise on March 6, 1974. Maguire/Treasure Coast Utilities sold its system and premises to Edward S. Goodman and Rose M. Goodmari, ' his wife and Alex Rowen and Teresa Rosen, his wife in 1977. The present owner, Adam McGavin, has requested the transfer of ownership of this franchise to himself and has requested the franchise nacre be changed from Mcguire/Treasure Coast Utilities to Holiday Village Water and Wastewater System Franchise. Transferee accepts the terms of Resolution No. 74-15 as amended herein and agrees to perform all of the conditions thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that Resolution No. 74-15 be amended as follows: 2. Section 2 of Resolution No. 74-15 is hereby amended to read as follows: SECTION 2 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 Countv Utility Services Departm-ent, a political subdivision of the State of F.Lorida. (b) "County Engineer" may be "County Administrator or County Utilities Director". 1 4b (c) "Utility" is the Grantee of rights under this franchise, to wit: ADAM M3CAVIN. (d) "Hoard" is the Hoard of County Commissioners. (e) "Person" is any person, firm, parcnership, association, corporation, ccffpany 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 • • M 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, plant, 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 prot_-ction, 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, 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. 3. Section 3 of Resolution No. 74-15 is hereby amended to read as E 40 J ii follows: SWTICN 3 CRANTM OF FRANCHISE 1. There is hereby granted by the County to the Utility ble non-exclusive franchise, right and privilege to erect, construct, operate and maintain a water and/or wastewater syster, 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 equiprent 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 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. 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 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. 5. Franchisee understands that the County is now considering the extension of the County water and/or wastewater system to this franchise area. Should the County extend the county system, this shall be considered a teniporary water and/or wastewater franchise and upon the demand of the County, franchisee shall discontinue its water and/or wastewater operation and immediately connect to the County system and shall pay to the County all the sums due under the Countv's standard schedule of rates and fees. 4. Section ( of Resolution No. 74-15 is hereby armnded to read as 3 follows: SECTION 6 HOLD HARMLESS CLAUSE It is expressly understood and agreed by and between the Uc.ility and the County that the Utility shall save the County and mwbers of the Hoard 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 pranptly after presentation of any claim or demand. 5. Section 7 of Resolution tib. 74-15 is hereby amended to read as follows: SECTION 7 CERTIFICATION OF COMPLIANCE 1. The Utility shall maintain and operate its water/wastewater plant and system, and, render efficient service in accordance with the rules and regulations as are or may be set forth by the Department of Environmental Regulation and the Board frau 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 cxmply with the above standards. 2. The project engineer (who must be registered in the State of Florida) for the Utility shall certify, under seal, that the system has been constructed substantially in accordance with plans and specifications approved by the Department of Environmental Health and that the systems meet all of the standards required by the County as set forth in said construction specifications. 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. 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. Upon receipt of certification from the engineer, the County will issue a permit for operation of the water and wastewater systems. 4 The issuance of said permit 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 anJ 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. Upon approval by the county of the plant and system, a permit shall be issued to the Utility for the operation thereof. 3. Prior to the issuance of an operatin4 permit, certification from the Indian River County Fire Department must be obtained certifying fire flow requirements have been met. 6. Section 8 of Resolution No. 74-15 is hereby amended by adding the followoing paragraphs: SECTION 8 CERTIFICATION OF OPERATIONS AND MAINS ENA.NCE 1. All of the facilities of the Utility shall operate 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 manner of collection and disposal of wastewater shall at all time be and remain not inferior to the duality 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 registered in the State of Florida. 7. Section 9 of Resolution No. 74-15 is hereby amended to read as follows: SECTION 9 UTILITY'S AUTHORITY TO PR MULGATE NECESSARY PROCEDURES 1. The Utility shall have the authority to pronulgate 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 5 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 Ccamissioners, the Utility, before discretionary action is taken by the Board of County Cc missioners, 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 reomu endations to the Board of County amnissioners, but such recom endations are not mandatory. Any arbitration shall be in accordance with the Florida Arbitration Cade. 3.' Any final decision the arbitrators or Board may have with respect to this franchise can be appealed o the Circuit Court of Indian River County by either party. 8. Section 10 of Resolution No. 74-15 is hereby amended to read as follows: SECTION 10 DEDICATED EASEM=S All pipes, punips, 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-cwned 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 carmenced 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 G 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. 9. Section 13 of Resolution No. 74-15 is her -by anended by adding the following paragraph: SWrION 13 ADEQUATE 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. 10. Section 14 of Resolution No. 74-15 is hereby amended to read as follows: SECTION 14 NOTICE OF ADJUST Wr 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 commences to furnish water/wastewater service to your property." RATE SCHEDULE 1. The rates charged by the Utility for its service hereunder 7 shall at all times be ompensatory 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 regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. 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 meters prior, however, to any test being made by the Utility, the sum of tc:,m 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 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 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 from a water or sewer utility regulated by the Board and which redistributes that service to its utility customers shall be autcmatically 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 i—ple«entation 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 I oQerat_ing costs which includes tht! rate of return allowed under this franchise agr.nt (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 Els franchise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. Escrow g2!rges 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 necessary to connect the water and/or 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. RUM aL & REPUMIMP ACCOUNT Wo and one half percent MW of the operating cost of the Utility shall be placed in an interest bearing renewal and replacement account for pLu-poses of renewal and/or replacew-rit of the capital assets of the water and/or wastewater syst€ni of the Utility. Additionally, the Utility shall initially fund said account with two thousand dollars ($2,000) which will also be reserved for capital maintenance items. Interest shall accumulate in said account 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 an -ended 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 replaceuent account shall vest in the County. 11. Section 15 of Resolution No. 74--15 is hereby arrended to read as follows: SEOFION 15 The Utility shall supply the County with a copy of the Utility's annual report and financial statements. 7-111 records and all accounting 10 of Utility shall be in accordance with the Uniform System of Acts 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 demmkd 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 8) renewal and replacement account has been collected and disbursed in accordance with the terms of this Agreement. 12. Section 20 of Resolution No. 74-15 is hereby amended to read as follows: SECTION 20 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. 13. Section 21 of Resolution Ab. 74-15 is hereby amended to read as follows: SECTION 21 OONSTRUCPION 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. 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 Hoard may levy liquidated damages of no less than fifty dollars (550) ger 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 sass in whole or in part if groper reasons thereby are found by the Hoard. It 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 Bcx-erd's action by filing a petition for writ of Certiorari in the circmit Court of the County. CCUMACi'UAL AGi2MERE it is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise`agreen-ent between the Utility and the County and as such a contracts -al instrm ent recognized under the Statutes and Laws of the State of Florida. This franchise agreeneent is not intended to create rights or actions running in favor of third parties, except as herein specifically providr-d. lyONIaPrWOP 'CE 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 Cod", unavoidable casualties, labor disputes, etc. 12 and 14. Section 22 of Resolution No. 74-15 is hereby amended to read as follows: SECTION 22 E)MCUTION OF FRANCHISE If any word, sections, clause or part of this resolution is held invalid, --uch portion shall be deemed a separate and independent part and the same shall not invalidate the reminder, IN WITNESS wHERBOF, The Board of County Ccnmissioners 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 Ccmni.ssicners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Camdssioners adopted on the 26th day of June 1985. Signed, sealed and delivered in the presence of: COUNTY OF INDIAN RIVER, FLORIDA By B. bYQfNS, � Chairman Board of ssioners Attest: vhf ¢�4_5�)h ` l' to mf Clerk ACCEPTANCE OF FRANCHISE andenburg Allull- ®l1�IN, owner of HOLIDAY VILLAGE, does hereby accept the foregoing franchise, and for his 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. D at Vero Beach, Indian River County, Florida, this 1 0 A`day Of , 198--1 HOLIDAY VILLAGE By C".r4t CA,�Cd-�--� Adam McGavin, Owner r STATE OF FLORIDA mrirm*y OF I* �`I�"ud D1 R I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ADAM WGAVIN, and he acknowledged before we that he 13 executed the foregoing instrument for the rases and purposes therein expressed. %9S my hand and official seal in the State and County aforesaid Ulis day of L a 1985. � � T IVo Public, State of Florida Atorge My Cc mmAssion expires: r- Notary Public, State of Florida JAY Gonuaission Expires Nov. ?.1, 19% Dpndod By ON. C—AY CO, 14 10"11 ULUTION No, 14-15 HE IT RE'SOLVL•'U by the Board of County Commirleioncre of Indian Itivol^ , County, rlorida; SECTION 1 1'11ie, Itesolutiorl shall be known and l",ay be cited as" h1np^uireppreasure Const Utilities i'rnnchise'; 1'or the purpose of this Itcnolution- '1 10 following ternln, phl'noes, words and their derivations shall have the Meaning Liven herein, when not inconsistent with the cont'; -(t, words using the present tel', ,e include the future; words in the pIur;al number irlcluele_ the ninl;ular and vice v Iran. The word "Shall" is always mandatory. (a) "County" in Indian Itiver County, n political subdivision of the State of Florida: (b) "Owner" in the Grnntee of tho ril,;ilto under thin fl•"nchise, that is TREASURE COAST UTIL1'1.11-1-S, INC. (c) "Board" is the Board of County C,,mnliesioners of the County; (d) "f)epnrhnelll" nlealts the Indian Itiver County Utilities Department; (e) IO 1111y per6oll, fil'nl, p►1, lilel'Hh1I), aseOcintioll, corporation, company or organizatiolt of any ltincl. (f) "Territory" means the arra locater. in Indian River County, Florida, outside the corporate limits of any municipality a0 the same is more particularly defined and described herein . (g) "Utility" mean►, tvater or sewer tit litice serving subdivis.ions, nparlment slid housing; cclnll,l� xes, condcln,initltn, Mobile home or trailer partes., industrial cOmplr_xes, u1)0l1l,inl; c;'.nt+^rrl and r;irnilar ny;+tc:nl" sel•vinl; more than nae building, "Utility" incltldvrl wails, ptlnlps, I:+nlcn, treatment facilities, force mains, pump stations, collectic►n nystemn, service lillen slid pipea, real estate and ensements necessary to nur_h nystenln nild illcluden every pernon, corporation, leenee, trustee or receiver owning;, olwA-atill l;, nlnnal',irll; or Co ,trolling a utility s.yotem or proposing construction of a nystern or who is providing or propoeco to provide sower service to the public. SECTION 3 Thero is hereby granted by the County to the Owner, the exclusive franchise, right and privilege to erect, construct, operate and maintain n water and sewer eyetem within the prescribed territory no herein provided and for these purposes to sell sewerage collection and treatment services within the territory and for these purposes to establish the necessary facilities and equipment and to lay and maintain We necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public nlleyn, streets, roads, highways and other public places of the County; provided, however, that the County reserves the right to permit the use of such public placed for any and all offier lawful purposes and subject always to the paramount .right of tiro public in and to such public places, SI-CTION 4 The territory in which this franchise sliall be applicable is all that part of Indian Itiver County, Florida, located within the following described boundary lines, to -wit: Thr «'CA 20.29 ncrrs of Tract 4, Section 26, Townnhip 33 South, Iiarnl;p 39 Rawl, according( In the last general plat of lndinn River Farms Crnnpnny, fil{ill irrthr. offir o of the Cleric of the Circuit Churl of St. Imcie Comity, Floridn, in Plat lloolc 2, ling e 25; sold land now lying; and being; in Indian River County, Florida, SI3CI* ION 5 The Owner shall at all times during; the life of this franchise be subject to till lawful exercine of the police lower and regulatory authority of the County and to such regulation as tiro County shall hereafter by resolution or ordinance provide. SECTION 6 It in expresnly understood and agreed by and betivicen the Owner And The County that the Owner shall save the County and members of the Board llnrmlenn from any loss suslclined by the Coull y oil accOlint Of any auit, judgment, executions claim or demand whntsoever resulting from negligences oil the part of the Owner in the construction, operation or maintenance under the term© of this franchise, The parties at, that in the construction of this section, the claim of any peroon resulting from nci;ligence on lho part of the Owner may be prosecuted directly by ©uch person against the Owner as if no governmental immunity accrued to the County by virtue of the Owner's use of a public place of the County. The County shall notify the Owner•promptly after presentation of any claim or demand, SECTION 7 The Owner shall maintain and operate its plant and 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. Additionally the Owner shall comply with all requirements of the Department of Health and Rehabilitative Services, Division of Health, the Department of Pollution Control, the Indian River County Utilities Department and appropriate planning agencies relative to construction, design, operation, capacity, cnccintell anCe and expansion. The right in hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find neceseary in the exercise of the police power and lawful authority vested in said County, pro- vide(, that such regulations sllall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the ril;}lt to c;upervine all construction or installation work performed and to maks. alel 1 inIII rI,Iion an it shall fincl necessary to innure compliance with rail gover11i11g regulali(-nn. LIPOG the termination of this franchise, the Owner shall l;c-ant and deliver to the County, "poll demand of the County, all of its facilities, crystenl, caoements and rights appurtenant thereto (except the treatment plant and the site for name) lying within ]ndinn Itiver County without Charlie to the County. In the event any part or nil of tho territory covered by thin fr;Incluse shall be hereinafter incorporated in tho hilliln of any munici- pality of the State of Florida. then in sucl: event the Owner agrees no a part of the convidoratlon of the granting of thin franchise that naid municipality is herewith granted the right, bower and ;authority to acquire all the property, assets and facilities of the Owner witllout Charlie used in its oervicen under this franchise. Owner nhnll commence conatructien of ito sanitary newer treatment and collection system within 00 days from" date, otherwise the franchise created hereby may become void and of no further force or effect at the option of the Board. All the facilities of the Owner shall be constructed only in accordance with plans and Hpecifications approved by the State Board of llenith of the State of Florida and the Indian Inver County Utilities Department and the quantity and quality of sewerage treatment shall at all times be and remain not inferior to the rules, regulations and standards now or hereafter adopted by the State Board of Health. Whenever it in necosoary to shut off or interrupt services for the purposes of making; repairs or installations, the Owner shall do so at such time as will cause the least amount of inconvenience to its consumers and unlerua such rcllairo are unforcl;ecra and immediately necea(]ary, it (]'rill givo reasonable notice thereof to its customeril. SGc1'lc w 0 (a) The Owner 611111 have the : uthority to promulgate ouch rules, regulations, terms and conditions coveri-ig the conduct of its business no shall 1 be reasonably nec,ennary to enaUle the Owner to exercise its rights and perform ancliisr., and to issue an uninterrupted service to its oUlil;atiUns n11C1e1' tlalfl fr .",1: a71t1 1111 of ltFa Co1lFiut1lcr(. provided. however, t1hia tiuch rulco, regulation©, terms and conditions shall not be in col flirt with the provisionH hereof or with the laws of the State of Florida and all A the same shall be subject to the approvnl of tho Board. , (b) At all timet; herein where, discretionary power ie left with the Board of County Commit►sioners, the. Owner, before discretionary action is taken by The Board of County Comminoionero, may request said Board that a group of arbitrators► be authorized to determine ouch discretionary action and such group shall conniot of: 1. hoard's Consulting I,ngineer 2. Company Engineer 3. One person selected by the two above persons. The Board of Arbitrators so authorized and constituted shall malce recommendations to the Board of County Commissioners but such reco►mnenclations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, may be appealed to the Circuit Court of Indian ':river County by either party, SECTION, 10 All pipcn, mains, lift stations, pu►npa, valves and other fixtures laid or placed by the Owner shall be so located in the public places in the County no not to obstruct or interfere with any other unes mado of ouch public placer► already installed. The Owner 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 cas•, of any disturbance of pavement, side- walk, driveway or other surfacing, the Owner shall at its own cost and expense and in a manner approved by the Count; Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced o and shall maintain the restration in an approved condition for a period of one year. In the event that any time the Cr n►ty shall lawfully elect to alter or change the Irrade of or relocate or wid►, , ()r otherwise chane any such public way, the Owner 11111111, upon rf-ar.onable notice by the County, removo, relay, and relocate iti► fixture-" at its own expcnr.e- The Owner shall not locate nny of its facilities nor do any construction which would create any obstructiona or conditions which are or may become danverokla to the traveling public. In the event any such public place under or upon which the Owner shall have located its facilities ►shall bet closest, abandoned, vacated or discontinued, the Boned m0y terminate Such enoement or license of the Owner thereto, providod, however, in the ever►t of thin termination of easement, any pereon, except the county, re(luenting; ouch to:-ll)innlion 01-111 pay to the Owns±r, in advance, its Coate of removal and relocation of the ren►oved facilities in order to continue its service as theretofore existing, or in the. County rlhall rrtairl an easement not less than ten feet in width for the benefit of tho Owner and its facilitieo. SI;CTI()N 11 The Owner shall not as to rotes, charges, services, facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person nor subject any perrson to any prejudice or dioadvantage, provided that nothinfr herein shall prohibit the establishment of n f;ladunted scale of charges and classified rate schedule to which any consumer coming within ouch Classification would be entitled, SECTION 12 (a) The Owner shall furnish, supply, install and make available its water and Hewer collection and treatment system to any and all persons within the territory malting demand therefor, and shall provide such demanding person with its services and facilities within 90 days from the date of ouch demand; provided, however, that the Board may, upon application of the Owner,, extend the time for providing such service to such demanding person. In the event, the Owner tails to provide its services and facilities to any area within the territory within the tirr►e proviclesl , then in such evert the County may by resolution of the Board limit, restrict and confine, tl►e territory to that area then being; Herviced by the Owner or such greater area as the Board shall. determine and thereafter the territory shall be the only area set forth, defined and provided by the. Hoard a;ld the provision of this fralichille shall not extend beyond the hillitn of the area so restricted and defined. (b) 'l he Owner shall not be required to furnish, supply, install nncl make avnilablo An sewer collection and treatment system to any per0oll within tho RESOLUTION NO. 77-94 The Board Of County commissioners of Indian River County, I .I. I Florida, resolves: 1. That pursuant to the provisions of Chapter 125.01, Florida Statutes, this Board did, under date of March 6, 1974, issue'a franchise�to Treasure Coast Utilities, Inc., a Florida corporation, by Resolution known as Maguire/Treasure Coast Utitlities Franchise. Under date of June 29, 1977, the holders of said franchise, joined by Edward S. Goodman and Rose M. Goodmar,Ihis wife, and Alex Rowen and Teresa Rowen, his wife, did make application in writing for transfer of said franchise to Edward -S. Goodman and Rose M. Goodman, his wife and Alex Rowen and Teresa Rowen,ihis wife. The r.oard did thereafter publish notice of a public hearing, as more fully appears by proof of publication of said notice heretofore set forth in the Minutes of this meeting, and has conducted a public hearing pursuant to such �i notice, and finds that the proposed transferees have met the I Isame requirements and are in a position to comply with the same rules and regulations which would be required if they were an 'I original applicant for such franchise. i 2.. The application for transfer of the Franchise is is itapproved and this Board does herewith declare that henceforth liEdward S. Goodman and Rose M. Goodman, his wife, and Alex Rowan I and Teresa Rowen, his wife, are the holders of said franchise ,GOSIAN LAW T STREET .ORIOA entitled to all of the privileges granted and bound to comply witni all of the provisions of: said franchise as if: the franchise had been originally granted to them. territory as hereinafter set forth, unless the Game mny be done at such a cost to the Owner an "hall make the addition proposed, financially and physically' feasible. Financially feasible shall mean that with a fair nrd rensonnble rate to be charged by the Owner for all the services udder thin frnnchise, to the end, that such rate will produce to the Owner a skim sufficient to meet all necessary costo of the services; including a fair rate of return on the net Valuation of its property devoted the under efficient and economical management. The burden of showing; that a prospectivo service to the area is not financially feasible shall be the burden of the Owner. Ei1:C'1'lUi 1 13 The Owner ohnll not sell or trnnnfer its plant or system to another nor transfer any rights under this franchise to another without the approval of ti►e Board and provided, further, that no such sale or transfer after such approval shall be effective until the vendee, aspignec or lessee has filed with the 13oard an instrutnant in writing; reciting the fact of such transfer and accepting tho terms of this franchise and agreeing; to perforin all of the conditions thereof. In any event this franchise shall not be transferrable and assignable until notice or request for transfer and assignment shall be given by the Owner to the Board in writing;, accompanied by a request from the proposed transferee, which application shall contain information concerning tho financial status and other qualifications of the proposed transferree and such other information as the Board may recgi6re. A public hearing shall be held on such request of which notice shall bo given by publication in a newspaper regularly published in the County at least one time not more than one month nor less than one week preceding; such hearing. (:t►•lified proof of publication of nuch notice shall be MCA with thfr Iloard . ,Haid hearing; may thereafter be continued from time to time no determined by the. Iloard . Thl! Hoard will, however, approve or dio- approve such hale or transfer within ninety (00) days from the date of said public hearing. The consent by the Board to any aseig;nment of this franchise shall not unreasonably be withheld. S1iC'I'(UN 14 The rates charged by the Owner for its service hereunder shall be fair and rf'anonable and designed to meet all necessf,ry come of the service, including n fair rate of return on the net valuation of its properties devoted I thereto under efficient and economical management. The Owner agrees that it shall be subject to all authority now or hereafter possessed by the County or any other roll ulartory body having; competent jurisdiction to fix just, reasonable and compensatory rated. When this franchise takes effect, the Owner shall have authority to charl;o and collect not to exceed the following rates: MONTHLY SL• Wl;lt AND 1`'[ TE'R ltMIS Sewer and water charges: Connection charge: AND CONNE'CT'ION CHARGE'S $7.50 per unit connected $457.00 prr connection (includes both water and sewer) Uwncr's talcs shnil at all times be subject to the review and approval of Indian Itiver County's Board of County Commissioners and no change may be made by Owner in the banis of its rates without first making application therefor and public hearing; thereon. SECTION 15 The County shall have ncceos tit all reasonnble hours to nil of tho owner's phinrl, contr,u;ts, eni,,incerings data, necountin8*, financial, statistical, - 0 - consumes and service records relating; to the property and the operation of the Owner and to all other records, required to be kept hereunder, and it shall fila such accounting reports and data with the County when required. SKCTIM: lG The Owner shall at all times maintain public liability and property damage insurance in such amounts no shall be required from time to time by the Board in necordance with good buaincea practices ns determined by i safe busineoo standards an establiahed by the Board for the protection of the County and the general public .ind for any liability which cony result from any action of the Owner. The County shall I�c named no an additional insured on all such polielIbe of'.insurance and n copy of the policy shall be delivered to the County Administrator. If any person serviced by (he Owner under this franchise complains to the Board concern ng rates, chart{es and/or operationo of such utility and the Owner after requ(A is made upon it by the Board, fails to satisfy or remedy such complaint., or objections or Win to ontiofy the Board that said complaint or objection io, not proper, the Bonrd may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection and the Board may review t),e rates and charges set and charged by the Owner for the services which it furnishes or the nature and character A the service it furnir,hea or the duality or services furninhed. If the Board entero its order purnuant to such a hear ng and the Owner feels it is aggrieved by ouch order, the Owner may seek rev ow of the Board's action by proceedings in the Circuit Court of the County; other wise, the Owner shall promptly comply with the order of the Board. : honl�l the Owner desire to incroare any chnrg;eo heretofore established and approved by the Hoard, then ti,e Owner shall notily the lloard in writing, Setting forth a schedule of rates and ch;,rgea which it proposen. A public hearing shall be held on ouch request, of which notice shall be given by I publication in a newspaper regularly published ill paid County at l,tast one time not more than one month nor less thnn one week preceding such hearing, Certified proof of publication of such notice shall be filed with the Board. Said hearing may therenfter be continued from time to time no determined by the Board. T)ic Board will, however, approve or disapprove enid increnme in rates within ninety (00) days of said. public hearing, If the Board enters order pursuant to said hearing; and the Owner or any person feelm aggrieved by Much order, then the Owner or such person may meoic review of the Board's action by proceedings in the Circuit Court of the: County. SECTION Ill Prior to the Owner constructing nny of its facilities as herein authorized the Owner shall tnalie nublication to and obtain n permit from the Indian River County Utilities Department authorizing; said construction. The County shall have the right when Special circumstances exist to determine the time in which ouch conutriwtlon cilmll be done. SECTION 10 If the Owner fails or refuses to promptly and faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Owner written notice of such deficiencies or defaults and a reafionahle, time within which the Owner shall remedy the same, which notice (111,111 specify the deficiency or default. If the Owner fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing; concerning the same with rensonable notice thereof to the Owner ; nd after such hearing at which all interested parties shall be heard, the M),ird may further limit or restrict thin franchise or may terminate and cancel the same in whole or in part if prober rea►;one; thcretor arc 1",m)(l 11 the Hoard, if the: tic -rd enters order pursuant to such hollf-int; mncl the ONVIier or any ether person feels aggrieved by such order, the utility or much other person may seek review of the Board's action by proccedi illn in the Circuit Court of the County. SECT10i 20 Thin franchine shall not affect, ).mit or restrict the righto or privileged as net forth and contained in any license issued to ally Wility It)retofore 1;rnnted by the lio;txci iMrst►ant to Sci�tion 125.92, Florida Stntuten, ISEC.T1011 21 The franchine and rights herein granted shall talcs effect and be in force from lend after the time of the adoption of this reoolution by the Board and shall continue in force and effect until such tirhe as the County, a municipal corporation of the State of Florida, within the territory of thin franchine, may install or acqu�re its own sewerage colter tion and treatment nyetem and supplies the same to individual ctistomerr• at which time, Owner will convey I all of its facilities (except for sewer treaimetit plant and plant site) and easements for location of same as Owner may' own, free and clear of all liens or mortgages, to said County without charge; provided, however, that within sixty days from the time of the adoption of thie resolution, the Owner shall file with the Board its written acceptance of this franchise and all of its terms and conditions and provide further that if such acceptance in not filed within the time specified, then the proviHiona of this franchise shall be null and void. :IECTION 22 If any word, section, clause or I art of this resolution is held invalid, such portion shall be deemed a separate ,,nd independent part and the same shall not invalidate the remainder. IN BVI"i'NIS:; VJIil;lth<)L', the Iloarcl of County Conunieoionere of Lulin►i River County, Florida, ]Mn caur,ed thio fr anchise to be executed in the name of the County of Indian hive,- by the Chairman of the Board of County Corn- rnir:nioncrn, nn<I iln nr:►l to )it. ;rfliX"'I and attested by iln Clerk, all pursuant to the renolulion of tilt' 130nrd of County Commissioners adopted on the 6'( 1 day of .'AQ P%rl- , 1079. Sit{rt"l, nW111r•.1 and dolivered in the presence of : C( UNTY OV INDIAN RIVER, FLORIDA le—e As Chni-ininn or the Board of /k, County Commissioners At cat: Clerk ACCEPTANCH OF FRANCHISE - The unocro igyned hereby accepts he foregoing franchise and for themselv i and their buc,cessora and assigno, do licieby covenant and agree to comply with and abide bY n1l the ternin, conditio in nd p'roviniono therein not forth and contained. DATLI'D thio day of 1074. Tl HASURE COAST UTILITIES, INC. PRESIDENT A' 'I'LST' 13, SECRETARY Approved �` fore l BY: County AI(l) 11q!Y