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HomeMy WebLinkAbout1986-032.' . r 0 • RESOLUTION No. 8 6 - 3 2 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 HUMANA, INC. dba-C-f i2-, WATER SYSTEM FRANCHISE. • 11W' A1gAj qNR /�y�P�aL s��46TiR, Y 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: HUMANA, INC., dba SEBASPIAN RIVER MEDICAL CENTER. (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, 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 protection, irrigation, consumption by residential, business or industry, operation of sewage disposal plants and, without limiting the generality of the foregoing, 1 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, pimping 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. =ION III GRANTING OF FRANCHISE 1. There is hereby granted by the County to the Utility the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a water and/or wastewater system as herein defined within the described territory as herein provided and for these purposes to sell. and distribute treated water and/or wastewater within the territory, and, for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefore in, along, under and across the public alleys, streets, roads, highway and other public places of the County, provided, however, that the County reserves the right to permit the use of such public places for and all other lawful purposes and subject always to the paramount right of the public in and to such public places for a period of ninety-nine (99) years. 2. 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. 2 3. The Utility shall supply the County with copies of its Department of Environmental Regulation monthly operating reports and { tiouble 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 nmi 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 temporary 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 arca shall pay to the County all the sums due under the County's standard schedule of rates and fees. SFYvTION IV TERRITORY/FR MUSE AREA The territory in Vai.ch 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 }TOLD IMM -MESS CLAUSE It is expressly understood and agreed by and between the Utility and the County that the Ut=ility shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence, or intentional wanton, willful and reckless acts on the part of the Utility in the construction, operation or maintenance of the water and/or wastewater system under the terms of this franchise. The parties agree that in the construction of this section, the claim -)f 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. Cl3I7PIFICATION OF COMPLIANCE SECTION VI 3 I. 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 Hoard from time to time, which shall include but not be limited to "Construction Specification for Water Treatment/Distribution and Sewage Treatment/Collection Facilities" Promulgated by Indian River County Utilities Department, July 1980, or as -amended. The County shall require the Utility to comply with the above standards. prior to the issuance of a construction permit, the Utility's project 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 water and wastewater treatment plants and distribution and collection systems, the project engineer for the Utility shall certify, under seal, that the system has been constxvcted substantially in accordance with the plans and specifications previously approved and that the systems meet all of the standards required by the County. The certification shall include suhnission to the County of two sets of "as-built"(as defined by the County) drawings, consisting of one set in reproducible vellums and one set of regular blueline prints; and that the systems meet all of the standards required by the County, including pressure and leakage tests, chlorination and bacteriological tests, infiltration and exfiltration tests. Upon receipt of certification from the engineer, the County will issue a letter approving the construction of the water and wastewater systems. No service is.to be provided is customers until such time as the County issues a letter of acknowledgmeM. The issuance of said letter shall not be unreasonable withheld. The Utility shall grant necessary easements to the County without charge to connect the water and/or wastewater system to the County Master Water and/or Wastewater System together with such easements as are necessary to provide access to the water and/or wastewater system, where and if the County makes water and/or wastewater service available to the project. The Utility shall pay a one thousand dollar ($1,000) franchise application fee at the time of the submission of the franchise application, and agrees to pay all other fees which may be applicable during the operation of the system. 4 SECTION VII CERTIFICATION OF OPERATIONS AND MlInTNANCE 1. All of the facilities of the Utility shall be constructed in accordance with the plans and specifications approved by the Department of Environmental Regulation of the State of Florida and Indian River County Utilities Department. The manner of treatment and distribution of water and the manner of collection and disposal of wastewater shall at -all time be and remain not inferior to the quality standards for public water distribution and public sewage collection and other rules, regulations and standards now or hereafter adopted by the Department of Environmental Regulation of the State of Florida, or other governmental body having jurisdiction, including Indian River County. 2. The Utility shall supply the County with an annual report of operations and maintenance certified by the Utility Engineer who must be registered in the State of Florida. SECTION VIII UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES 1. The Utility shall have the authority to prcuralgate 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 Ccnmissioners, 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 reec4miendations to the Board of County Comnissioners, but such reccnmendations 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. Do 3,101)v a is SECTION IX 5 All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains and manliolez; and other fixtures laid or placed by the Utility for the water and/or wastewater system shall be so located in the dedicated easements in the County after approval by the County Engineer so as not to obstruct or interfere with other uses made of such public places . already installed. The Utility shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of county -owned pavement, sidewalk., driveway or other surfacing, the Utility shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was minced 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 became 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 REQUIRE!MM 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 AMM ABILITY 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 water and/or wastewater system, and shall provide such demanding person with its services and facilities; provided, however, that the Board may, upon application of the Utility extend time for providing such service to 6 such -demanding person. In the event the Utility fails to provide its services and facilities as an water and/or wastewater system to any area within the franchise territory within the time specified by the 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 the water and/or wastewater system by the Utility or such greater area as the Board shall determine; and 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 public water and/or wastewater system to any person within the franchise area unless the same may be done at such a cost to the Utility as shall make the addition proposed financially feasible. Financially feasible shall mean that a fair and reasonable rate of return shall be realized by the Utility for all its services under this franchise; that such rate of return on its rate base 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. SECTION XII TRANSFER OF OWNERSHIP 1. The Utility or its shareholders shall not sell or transfer its plants or systems or stock to another nor transfer any rights under this franchise to another without the approval of the Board. No such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, this franchise shall not be transferable and assignable until notice or request for transfer and assignment shall be given by the Utility to the Board in writing 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. 2. 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. 3. 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 7 default by the Utility xLnder this franchise agreement and subject this franchise tr� t—ination. SECTION XIII ADEQUATE CAPACITY Utility warrants adequate capacity to service existing or anticipated custcmers and agrees not to provide water and/or wastewater service unless adequate capacity is available at the time any new connection is made. SECTION XIV NOTICE OF ADJUSTMENT OF RATES Upon the initial connection of any customer to the water/wastewater system or upon the reconnection of any new customer to the water/wastewater system, the Utility shall furnish, by mail, a notice setting forth the rate 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. 86-32 as amended. Said water/wastewater rates are subject.to adjustment pursuant to said Resolution upon proper showing by the Utility. Said rates are also subject to adjustment in the event the water/wastewater franchise is terminated and Indian River County commences to furnish water/wastewater service to your property." SECTION XV RATE. SC'HF'f�TTiF 1. The rates charged by the Utility for its service hereunder shall at all times be compensatory and shall be fair and reasonable and designed to meet all necessary casts 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 canpetent jurisdiction to fix just, reasonable and ccmpensatory rates. When this franchise takes effect, the Utility shall have authority to charge and collect, but not to exceed, the schedule of rates set at a public hearing for that purpose which shall remain effective until changed or modified as herein provided. In setting said 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 8 engipeering 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 m=eter; prior, however, to any test being made by the Utility, the sum of fifteen dollars ($15.00) shall be deposited with the Utility by the party requesting such test. Such sun 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-emrgencies. 3. (a) The approved rates of any utility which receives all or any portion of its utility service from a governmental agency or frau a water or sewer utility regulated by the Board and which redistributes that service to its utility customers shall be automatically increased or decreased without hearing upon verified notice to the Board 30 days prior to its implementation of the increase or decrease that the rates charged by the govezrmental agency or other utility has changed. The approved rates of any utility which is subject to an increase or decrease in the rates that it is charged for electric power or the amount of ad valorem taxes assessed against its property shall be increased and decreased by the utility, without action by the Board, upon verified notice to the Board 30 days prior to its implementation of the increase or decrease that the rates charged by the supplier of the electric power or the taxes imposed by the governmental body have changed. The new rates authorized shall reflect the amount of the change of the ad valorem taxes or rates imposed upon the utility by the governmental agency, other utility or supplier of electric power. Provisions of the subsection shall not prevent a utility from seeking changes in rates pursuant to the provisions of subsection. "(b) Before implementing a change in rates under this subsection, the utility shall file an affirmation under oath as to the accuracy of the figures and calculations upon which the change in rates is based, and that the change will not cause the utility to exceed the range of its last authorized rate of return. (c) If, within 24 mwnths 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 rage payers. This 9 provision shall not be construed to require a bond or corporate undertaking not otherwise required. (d) Notwithstanding anything herein to the contrary, no utility may adjust its rates under this subsection more than two times in any 12 month period. CONNECTION CHARGE/CAPACITY DEMAND FEE Connection charges shall be established by public hearing held in conjunction with public hearing held for setting the rates. FRANCHISE FEE 1. The Utility hereby agrees to pay to the County a franchise fee in the amount of six percent (68) of the Utility's annual gross receipts or operating costs (which includes the rate of return) in the event Utility does not have a rate schedule (or the sum of five hundred dollars ($500), whichever is greater), derived from monthly service charges to defray the cast 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 sutmi.t financial statements prepared by a CPA and in accordance with general accepting accounting standards and NARUC. Upon demand by the Board the Utility will submit audited financial statements certified by a CPA. Also, a letter frau a CPA certifying that the six percent (6%) franchise fee and the two and one-half percent (218) renewal and replacement account has been collected and disbursed in accordance with the terms of this Agreement. SECTION XVI Escrow Charges 1. The Utility agrees to pay a fee in the amount of the currently imposed contribution in aid of construction for each unit in effect at the time of the issuance of a certificate of occupancy, as a contribution in aid of construction charge (for future connection to County water distribution mains or wastewater collection systems) as provided for in Ordinance 84-18 as amended by Ordinance 85-3. Utility further agrees to pay a sun per ERC for water and wastewater plant capacity charge, as each unit is c<mpleted as the future plant capacity charger. as provided for in Ordinance 84-18 or according to the Ordinances in effect at the time of the issuance of a certificate of occupancy. 10 2. The County will deposit all escrow charges paid for any ,and 40 all connections in this franchise into an interest bearing account, Maximum interest paid shall be equal to passbook rates. The fees referenced in this section are subject to the escalation provisions of 40 Section XIII/ contained herein, using the County factor established in Ordinance 84-18 or the Ordinances in effect at the time of the issuance of a issuance of a certificate of occupancy. The fees referenced in ® this Section shall always be reasonable. 3. Throughout the term of this franchise, the Utility shall be entitled to any and all interest which shall be paid annually on or before September 30th of each year to the Utility. The Utility shall be entitled to an accounting of said interest bearing account annually upon request made by it to the County. 4. Should the County at any time provide a water distribution system and/or wastewater collection system and furnish water and/or wastewater services to individual customers within the franchise territory, the sums of money remaining in said account consisting of plant capacity charges and contributions in aid of construction charges shall become the absolute pruperty of the County and the Utility shall have no rights thereto. In such event, the Utility shall be absolved frau the obligation of payment of further connection chargesto the County and this franchise shall terminate. a) The County shall have the right to purchase the Utility's water and/or wastewater plant at Utility's original construction cost, land cost, plus costs associated with capital additions and expansions to the system less three and one-half percent (318) depreciation per year. Depreciation on the system shall be calculated to start at the time the County issues a letter acknowledging the construction of the water and/or wastewater system as provided in Section VI. Upon acquisition of the water and/or wastewater plant and appurtenant real estate, the County would then own the entire water and/or wastewater system and would terminate this franchise and provide water and/or wastewater utility service to the franchise territory. All accumulated escrow fees would vest in the County. b) In the event of an acquisition by the County, or the utilization of the County's own plants, the County shall receive the water distribution and/or wastewater collection system free of cost and in good repair, wear and tear excepted. The Utility agrees to grant to the County any easements 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. c) If in the event the County determines that it will not exercise its option under item #4(a) within seven (7) years, escrowed contributions in aid of construction or impact fees shall became part of the renewal and replacement fined and may be used as 11 described within Section XVII, RENEWAL & FM7LACEMENr AC+CMM. If at any time thereafter the County takes possession or makes use of the utility system, all contributions in aid of construction funds collected will vest to the County and those funds which have been expended or an equal a a mt would be deducted frau any purchase price. SECTION XVII 771 !• Y -' i 171 •• Two and one half percent (278) of the operating cosi* of the Utility shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or replacement of the capital assets of the water and/or wastewater system of the Utility. Additionally, the Utility shall initially fund said account with two thousand dollars ($2,000) which will also be reserved for capital maintenwim items. Interest shall accumulate in said account until t'be account reaches ten thousand dollars ($10,000); thereafter inter 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 erises; the perceot:age required to be placed in the renewal and replacement account may be amended after review by the County as necessary to maintain a sufficient account balance taking into account the general condition of the system. The County is granted the right to make necessary repairs using said funds in the event of default on the part of the Utility in maintaining the quality standards established herein. In the event that the County purchases the corporation's utility system pursuant to the provisions of this franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. SECTION XVIII 1. The Utility shall at all times maintain public liability and property damage insurance in such amounts as required by the Board and 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 frau 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. 12 3. Said insurance shall co -name Indian River County as an additional isured. 4. Certificate of insurance shall be filed with,the County annually. CONSUMER COMPLAINTS If any written canplaint 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 canply with the order of the Board. SECTION XX CHANGE IN RATE SCHEDULE 1. Should the Utility desire to establish rates and charges or should the Utility desire to increase any charges heretofore established and approved by the Board, then the Utility shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. The Utility shall pay any rate structure review fee as the County may then have in effect and shall furnish the County with all information requested by the County that is pertinent to the proposed new rate schedule. 2. 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... 3. Said hearing may thereafter be continued for a reasonable time as determined by the Board. If the Board enters an order pursuant to such hearing and the Utility feels aggrieved by such order, then Utility may seek review of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. The Board shall act on the rate request within ninety (90) days following the public hearing. a • • CONSMCP'ION PERMITS 1. 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 frau the County 13 authorizing said construction in the sane 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. 2. Prior to the issuance of a construction permit, certification fran the Indian River County Fire Department must be obtained certifying fire flow requirenients have been met. via-AUi 7i itT.-rii7 DEFAULT OF FRANCHISE 1. If the Utility fails or refuses to pranptly 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. 2. If the Utility fails to remedy such deficiency or default within a reasonable time, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Utility, and after such hearing at which all interested parties shall be heard, the Board may levy liquidated damages of no less than fifty dollars ($50) per day that said deficiency or default exists frau the date of said hearing held by the Board; and the Board may further limit or restrict this franchise or franchise territory or may terminate and cancel the same in whole or in part if proper reasons thereby are found by the Board. If the Board enters an order pursuant to such hearing and the Utility feels aggrieved by any such order, the Utility may seek review of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. SECTION XXIII RIGHTS OF LANDOWNERS Nothing in this franchise shall prevent landowners frau 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 CONPRACiM AGREIIMERr It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between the Utility and the County and as such a contractural instrument recognized under the Statutes and Laws of the State of Florida. This franchise 14 agzeeffent is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. a • • NCN-PE RFOR W4CE 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. SECTION XXVII EXDCUTION 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 WHSREpF, The Board of County Conmissioners 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 Cmaissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Codmdssioners adopted on the 21st day of May , 1986. Signed, sealed and delivered in the presence of: 7 ADDroyed as to form and legal sufficiency 8y —, _ Charles P. itunac County Attorney COUNTY OF INDIAN RIVER, FLORIDA By � G Don C. Scurlock, Jr. ,.•, nran Board of Co ty Ccotdersioners Attest: _ Cle k .1al4, 'PTANCE OF FRANCHISE Gil7�M/ttif/ HUMANA, INC., dba _ IG14F�=ClB does hereby accept the foregoing franchise, and for their successors and assigns does hereby covenant and agree to ccuply 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' 7)K-- of Qc , 1986. day WITNESS: HUMA A, INC., dba SEBASTIAN jh—,n R -+SMCENTEP 15 ___.� _.<.:_ ms=s-- - — �-•--- __.__. By Mitchel B. Smith, Administrator STATE OF FIORIBA COUNTY OF TMIAN RIVER S HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared MITCHEL B. R VIII, and he acknowledged before me that lie executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this day of LL -LIC , 1986. i Notary lic, State of Florida at Large My Careri sysio p��y�^ res; k10ta[V �tli?l�C, �11tC Di �Ofid� My Commission Expires Mar:h 3, 1990 U-a.a Thw f,or W-- m1, 1G F71 U of 4 10 �' ) y 9Yi�r• S� G yT PCE e�.0 Iz 12 1 1D 9 y 919• $g' lJ, '� O J i#�. 14 I_ \ 210' b o���\\ "U.\\e -.s� �. GOV LOT0. Jos Ll Q Cl63) sto t >�y 1 •a Bei t ry ® M .5• Tr X20 tea. t T.r 19b' F•IIO' 110• W� 142nd ST IF 99 100 - �^ �0 C) () C6, 1 2 3 4 5 6 D m D W 12 11 10 9 R 7- 14191 ST n' P•r y �• 9§ 100 0 1 2 3 4 5 6 100' m z 0 /\ m .. 0 / a / 4515 TIAN 1-16 CT / • SEDA S GOV. LOT zs.sa AL OO LO \ L/ RIVER qT MED 9 pal i Ma a\ / Jo 3 7.2 /Ac ET ST RE SEBASTIAN RIVER MEDICAL 7LAZ e 9 ; LOT h ". rg A. �oOMo a` \0 /pp, , \ / � � 0 0• �c qL \ Amy 4 Illy \ / �r a' J SEE SECTION 21 OF FLEMING GRANT ---__ — FXtfIRIT "A" tltrr,ANA IK. d/b/a turns tk-ispital Sebastian PARCEL II A parcel of lord comprising parts of Governmznt Lots 2 and 4, Section 25, Township 30 S, Range 38 E,'rnore particularly described as follows: t0 Beginning at the SW corner of Governmctnt Lot 2, Section 25, Township 30 S, Range 38 E, said point being; the True Point of Beginning, nm S 00 00' 30" W. 89.54 ft.; thence, run N 350 10' 46" E, 742.7,'1 ft.; thence, run N 40 15' 45" E, 49.46 ft, to a point on the West right-of-woy of U.S. Highway III; thence, run on said West ® right-of-way S 150 30" 42" E, 578.17 ft.; thence, continue on the West right-of-way 296.39 ft. on the arc of a 11,459.20 foot radius. curve .concave to the northeast, through a central angle of 10 28' 55", to a point on the centerline of a 70 ft. right-of-way known as Bay Street; thence, continue on the West right-of-woy, 80.56 A ft, on the urc of an 11,459.20 foot radius curve concave to the northeast, through a central angle of 00 24' 10"; thence, run S 460 28' 35" W, 302.40 ft.; thence, run S 10 09' 26" E, 820.86 ft., to an intersection with the Fleming Grant Line; thence, run on said Fleming Grant Line N 440 04' M' W, 1921.37 ft., to a point on the South ® boundary of Government Lot I, Section 2.5, Township 30 S, Ronge 38 E; thence, run on the South boundary of said Government Lot 1, N 890 58' 51" E, 846.14 ft. to the True Point of Beginning; Less and exc_e fing the following: A strip of land 70 feet in width lying 35 feet on eit er si a of file following described centerline: From the intersection of the centerline of Bay Street and the West right-of-way of U.S. Highway ill, said point being the point of beginning, run S 740 13' 49" W, 297.14 ft; thence, run 171.68 ft. on the arc of 200 foot radius curve, concave to the southeast, through a central angle of 490 1 P 01"; thence, run S 250 02' 48" W, 503.05 ft. to an intersection with the Fleming Grant Line. m And Also Less: Commence at the SW Corner of government Lot 2, Section 25, Township 30 South, flange 38 East, Indian River County, Florida; thence run S 00000'30" W a distance of 89.54 feet; thence run N 35010'46" E a distance of 742.74 feet; thence run N 04015'45" E a distance of 49.46 feet to a point on the westerly right-of-way line of U.S. Highway #1; thence run S 15030'42" E along said right-of-way line 578.17 feet to a point of curve; thence with the arc of a curve to the left having for its elements a central angle of 0103912511, a radius of 11,459.20 feet, a distance of 331.39 feet to the Point of Beginning; thence continue along said curve and right-of-way with the arc of a curve to left having for its elements a central angle of 00013'40", a rodius of 11,459.20 feet, a distance of 45.55 feet; thence run S 46028'35" W departing said right-of-way 302.40 feet; thence S 01009'26" E a distonce of 110.00 feet; thence N 77043'22" W a distance of 145.29 feet; ,hence N 13043'37" L a distance of 110 feet; thence run N 76013'58" W a distance of 90.03 feet to a point on the southerly right-of-way of Bay Street; thence run N 25002'48" E along said right-of-way 36.00 feet to a point of curve; thence with the arc of a curve tp the right having for its elemen;:, a central angle of 4901I'D I", a radius of 165.00 feet, a distance of 141.64 feet to a point of tongency; thence run N 74013'49" E a distance of 297.95 feet to the f'oint of Beginning. Containing 1.51 acres. Containing 22.78 acres more of less. Said land lying and being in Indian River County, Florida. I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS. Acct. (FUME ENGINEERING C©RP®R,4i/ON ° A G°'� 320 EAST souni STREET ORLANDO, FLORIDA FI«o crecruo TNIEr— D"wN BY LAND SURVEYOR NO,,�� REPRODUCTIONS AR N0T VALIn SS S :TN AN EMBOSSED SURVEYOR'S SEAL)