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HomeMy WebLinkAbout9/15/19591 F� 1 0 1 1 0 The County Engineer told the Board he would place an old 48" culvert pipe which he removed from another site, in on Surrency's property to drain the water from Surrency's property into the Boat Channel at Blue Cypress Lake. The several bills and accounts against the County, having been audited, were examined and found correct, were approved and warrants issued in settlement of same. Such bills and accounts being on file in the office of the Clerk of the Circuit Court, the warrants so issued from the respective funds being,listed in the Supplemental Minute Book as provided by the rules of the State Auditor, reference to such record and the list so recorded being made a part of these minutes. The County Depositories filed their monthly statements, showing receipts and disbu of the various funds, which have been audited and found to be correct. There being no further business, on oration made, seconded and carried, the Board then ! adjourned. xi CHAIRMAN CLE. ----------------------------------------------------------------------------------------------- �a TUESDAY, SEPTEMBER 15, 1959 The Board of County Commissioners of Indian River County, met at the Courthouse, Vero Beach, Florida in a regular meetiLag held at 9:00 o'clock A. M., Tuesday, September 15, 1959. All members were present, also present were Sherman N. Smith, Jr., County Attorney, Ed Schmucker, County Engineer and Katherine.Morrison, Deputy Clerk. A Resolution was received and read from the Board of Hospital Trustees requesting the Board of County Commissioners invest certain funds obtained from the sale of Hospital Bonds. After some discussion in the matter and upon Motion made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, the following REsolution was adopted: R E &0 L U T 1 0 N WHEREAS, The Board of County Commissioners of Indian River County, Florida, did here- tofore sell $750,000.00 of Hospital Bonds, dated February 1, 1959; and, 0 WHEREAS, the proceeds from the sale of said bonds were deposited with the Indian River Citrus Bank in a special account and there now exists a balance of $724,275.00, and , WHEREAS, the Trustees of Indian River County Public Hospital and the Board of County Commissioners of Indian River County, Florida, have heretofore entered into a contract with E. M. NETTO for the construcjzion of additions and alterations to the hospital, said contract, being in the amount of $353,222.00; and, WHEREAS, it is estimated by the Trustees of Indian River County Public Hospital that the sum of approximately $50,000.00 will be required to purchase equipment for the new adds to the hospital; and, WHEREAS, there would remain in said bond account the sum of $321y053.00 after reserving funds for the payment of the E. M. NETTO contract and the purchase of the equipment; and, WHEREAS, It is deemed advisable by the Trustees that the sum of $300,000.00 from said bond account be invested in United States Treasury Securities, and the sum of $21,053.00 be held in an open account with The Indian River Citrus Bank as a reserve account; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, as follows: Section 1. That $100,000.00 of said bond account be invested in United States Treasury Bonds with maturity date of September 15, 1961, and that $200,000.00 of said bond funds be invested in United States Treasury Bonds with maturity date of November 15, 1961. Section 2. That the $50,000.00 reserved for the purchase of equipment be invested in United States Treasury Bonds with maturity date of March 10, 1960 Section 3. That such portion of said bond account reserved for the payment of the K': M. NETTO contract, which is not needed immediately for the payment on such contract, be p placed with The Indian River Citrus Bank of Vero Beach, Florida, on ninety day and six month time deposit in such amounts as may be determined by the Chairman and Clerk of this Board. Section 4. That the remainder of said account which will be in an amount slightly in excess of $20,000.00 be deposited with The Indian River Citrus in an open account. Section 5. That the Chairman and Clerk of this Board be and they are herewith authorized and directed to do any and all things necessary in order to carry out the purposes and intent of this Resolution. Section 6. That The Indian River Citrus Bank of Vero Beach, -Florida, will be retained to purchase United States Treasury Securities as hereinabove authorized and recommended, and that the bank for such service be paid a brokerage fee 1/32% of the amount invested. Section 7. That the accounts with The Indian River Citrus Bank as hereinabhve authorized and recommended be secured as required by law, and that The Indian River Citrus hold said United Stated Treasury securities in safekeeping for the County of Indian River and issue therefor the customary safekeeping receipt. ------------------------------------------------------ The following Bonds were approved upon Motion made by Commissioner McCullers, seconded- by econded by Commissioner Hamilton and unanimously carried and the Clerk was further directed to send said Bonds to the Governor. Earl G. Thatcher, Secretary -Treasurer of the Hospital Board of Trustees in the amount of $10,000.00 with Fidelity and Casualty Company of New York as surety. Paul Goodridge as President of the Hospital Board of Trustees in the amount of $2,000.00 with Fidelity & Casualty Company of New York as surety. 0 1 1 0 1 1 1 0 0 1 C] • 1 P� 0 VERO BEACH PRESS -JOURNAL Published Weekly Vero Bench, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached ` copy of advertisement, being a Nora - --__ _— in the matter of in the Court, was pub- lished in said newspaper in the issues of ns — Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, . Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this (SEAT.) —- A. D. 19 C-7 (Business Manager) Notkes. Public NO Notice is hereby given that the Board of County Commissioners of 3 ; Indian River County, Florida, will receive sealed bids at the hour .1 9:00 A. N1. on Tuesday, Septem- ber 15, . 1959, and at said time publicly. open, the same ata meet- + ing, of said Board to be held in l the County Commissioners Room, j) Indian River County- Courthouse, Vero Beach, Florida for the sale by. said Countyof the following de: scribed personal property: One used single gear axle drop deck trailer, not including, truck tractor unit. It is equipped with four used tires 90o x 20 — 10 ply. The width of the trailer is 7 foot 10 inches, the over-all length is 23 foot B inches, the bed is 20 Inches above ground, and the drop deck bed length is 11 foot 10 inches, the capacity of the trailer is un- known. The trailer is stored at our County Barn on South Gifford Road and can be surveyed by prospective bidders. .All bids shall be cash. If further information is desired prospec- tive. bidders may contact the Coun- ty Engineer. All bids shall be in an envelope; securely sealed and marked on the outside "Bid for trailer." This 17th day of August, 1959. BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIV. ER COUNTY, FLA. By: Robert Graves, Chairman August 20, 27, 1959. 521 The foregoing Notice was read and bids were opened. The following bids were received: Jeff Waters, Contractor, City, submitted a bid of $250.00 Eli Incorporatdd, City, submitted a bid of $113.00. Upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the high bid of Jeff Waters, Contractor in the amount of $250.00 was accepted. Joe Michael appeared before the Board and asked if anything more had been heard as to the County's acquiring Mango Island for a County Park. Mr. Smith informed Mr. Michael that he had contacted the Florida Inland Navigation District and they were willing to give us the part owned by them and he had written them further for the description of the part they own, but had,l not heard from them on this. The County Engineer requested the Board adopt a Resolution clearing the title on the Trailer sold to Mr. Waters. Upon Motion made by Commissioner Waddell, seconded by Commissioner McCullers and unanimously carried, the following Resolution was adopted: RESOLUTION 11140EAS Indian River County, acting by and through its Board of County Comissioners, did purchase me Hmonade Lowboy Trailer Unit on September 5, 1844, Fran No Be Ogden Ctmlpany of Jacksonville, Florida, which said trailer was purchased with a tractor unit to propel the Samos and# W110RAS, at the time of purchases the County received a certificate of title for the tractor unit but no certificate of title was received for nor at that time required for the tridler unit; and, WHEREAS, since the time of said purchase, said trailer has been owned, used and possessed by the County, free and clear of all liens or encumbrances; and, AS, pursuant to public notice and receipt of bids, the County has sold said trailer unit to T. J. Waters; Now,, therefore, BE IT RESOLVED by the Board of County Counissioners of Indian River County that the sale of the _ - - - Above described trailer is herewith ratified and confirmed and that upon receipt of the purohase prise, th, Chairman and Clerk are authorized and directed to make, execute and deliver the bill cif sale from the County to T. J. Waters �M�YO�®�SO��Mw��i •�O�i�1* The County Attorney stated he had received a letter from Xre Singer with the State Band Department has approved and set up the proceadure so that we may draw our secondary road funds to go ahead and obtain our Q. S. #I right of nay deeds. The Deputy Clerk stated that Roy C. Dobeok and Thomas J. Conte had not renewed their bonds covering permits issued them in September of 1859. Upon Notion made by Commissioner Waddell* seconded by Commissioner RoCullers and unanimously carried, the Board herewith cancels the pistol permits issued to Kr• Dobeck and Yre Conte, and requests the Clerk to so notify them and the Sheriff* The County Engineer stated that the Florida Bast Coast Railway vIll not allow aV traffic to cross the traoks at 16th Street until the crossing gates are erected and that as far as he can see the Railroad has not doze anything toward erecting these gates. Upon Motion made by Commissioner No Cullers, seconded by Commissioner Waddell and unanimously carried, the following Resolution seas adopteds THAT THIS BOARD MUSTS the Florida East Coast Rialway Company to immediately proceed with insta Iling the crossing cin 16th Street in the City of Vero Beach, Florida, which street is now under construction and the completion of which is anticipated approximately three weeks from this date, and that this crossing be opened up for public travel irrespective of whether or not the crossing protection gates are erected at the time the road is completed, and that the crossing protection gates be erected by the railway company as soon an possible. The County Engineer stated he would like for the Clerk's Office to make some notation on the old plats when a replat is filed as it is haled for him to know when looking at an old plat that a replat has been made* Upon Notion made by Commissioner MLedonald* seconded by Commissioner Waddell and. unanimously carried, the Board requests that the Clerk of the Circuit Court note by separate notation stapled to the plat reed in each instazeej' where a prior plat has been sdsolly or partially replatted, the plat book and page number of such replat. The County Engineer said he would li]oe to have an.extension telephone put in for the Zoning Inspector and � that it would cost $3*85 per month more* Upon Notion made by Commissioner Meftllers, seconded by Commissioner Macdonald and carried, the Board authorized the installation of this extension phone* A letter together with a Res olut ion from the City of Vero Beach was read requesting a water and sewer franchise for an area surrounding the City of Vero Beach. No action was taken. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a °; 1`k-�"�-�— — ------ in the matter of t; in the _ Court, was pub- lished in said newspaper in the issues of31 14 — ----- Affiant further says that the said Vero Beach Press -Journal is a -newspaper *f1 bushed_--* -- . -- Vero Beach, in said Indian I Public Notices NOTICE OF HEARING The Board of County Commission- ers of Indian River County, Flor- ida will on the 15th day, of Septem- ber,, 1959, at 10.00 o'clock a.m., in the Board of County Commis- sioners' room, at the Indian River. County Courthouse, Indian River County, Vero Beach, Florida, con- sider granting an exclusive Fran- chise to ROCKRIDGE WATER AND SEWER COMPANY, for the de- livery and service of sewer and water services to the following de- scribed property in Indian River County, Florida, to -wit: Begin at the Southwest cor- ner of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 33 South, .Range 39 East; thence meander. Easterly along the South City Limit line to the banks of the Indian Riv- er; thence meander South- easterly along the banks of the Indian River to a point which intersects with the South boundary of Government Lot 4, Section III ,7 0 1 is 1 0 1 1 0 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in IInndian River County, Florida; that the attached copy of advertisement, being a -_T t -_l`-....^_�q..D ..p.._..------- -------- _-- ----__. __--_ in the matter of �R4^^�i�+-._ + "^"'"'a'- -------------------- in the ------------- --------- ---- ----- Court, was pub- lished in said newspaper in the issues of -------------------- - - - --- -- ```' _3 I_1_1 -0 - --------------------- -' ---- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered s second class mail matter at the post office in Vero Beach, m said Indian River County, Florida, for a p x d f e y next preceeding the first publication of the attached copy of advertisement: f and ous d (:then says that he has neither paid nor promised any person, firm or corporation 4disc t, rcl,?.tc, commission or refund for the purpose of securing this advertisement for n;�iilcaffAd in the said newspaper p>{� qpb r bed before this .__ �" d (Business Manager) .(Clerk of rias Circuit Court, Indials River County, Florida) Public Notices NOTICE OF HEARING The Boaid of Caunty Commisswo- ors 1,Af River County, Flo,- lda wID - the ,15th day of $ePtem- -bar, 1959,. at 10.00 o'do.ck a rb, n the Board of County Commis - at the li,oiai River sinners' room, , County Courthouse. Indian Inver county, Vero Beach, Florida. c :sider g—itnig a,, c xclusire Fra to ROCKRIDGE WATI.R AND PE.WLR COIVIP4NI f the d-- jye tl e4 f w Y d at r t n f 11 ng d. scrimA piopeity , Indi,i r"'c' Co—ty-, Ftoeiu' , t. -"t: Begin at the Southw t c or of theNorthwest L of the North,'st 'A of $ecttaa 11, Township 38 South, ,Range 39 - East; thence meander Easterly along the South City limit Hite to the bn Nis of the Zndian R1v- r: tnanre _n ean�ter sontn- a ly tileug th b - 's of th Lid— R t paint wh b ter53 t th tie $Doth `h undory ef,iam int Lot 4, $ectiwt 13, T4 -hipt 33 South, Range 40 East; Thence r West to the 5puthwest - of the Sthlost S of the N to st § l S tai 1i. T w hip 3S So tti R—ge 39 aF'dst thence rim No b to pnmt of in beginning,_ Pa ,_ .rties terest and ctttz- -dI be, earnby the Board at acid 0_1 By: ROBRRT. W. GRAVES; Cb -.a t. 3, IK9 0 1 1 0 r1� to �J 1 F The foregoing notice was read after which the Chairmen read a latter received from the State Board of Health reocrosaending that all franchises include the installation of both water and sewerage. The Chairman then asked if there were any present who wished to be heard. The Taxpayers Association asked that no quick action be taken on said franchise. Several others were heard including Vio Robertson, Dan Bnoebel, Charles Sullivan, Jim Beindorf, Be Be Carter, Mayor Offutt and L. Be Vooelle. Sherman Smith, Jr. explained the proposed franchise and "'general discussion was held, after which several changes were made to the satisfaction of the Board and the Rockridge Water and Sewer Company. Upon Motion made by Conissioner- Maodonald s seconded by Comissioner Hamilton and carried, the following Resolution was adopted granting the franchise to Rockridge Water and Sewer Campanys R E S O L U T I 0 H BE IT RESOLVED By the Board of County Commissioners of Indian River County, Floridas SECTION I This Resolution shall be knovin and my be cited at the "Rook Ridge 'mater and Sewer Franchise." For the purpose of this Resolution, the following terms, phrases, words and their deriviations shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the future; weds in the plural number include.the singular and vice versa. The word "Shall" is always mandatory (a) "County" is.Indian River County, a political subidvision of the State of Florida. (b) "Company" is the Grantee of rights under this franchise, that is, the Rook Ridge Pater and Sewer Corporation, a Florida corporation. Of any kind. (o) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, association, corporation, company or orghuinti (e) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality as the sane is more particularly defined and described herein. (f) "Hater System" shall mean and include any real estate, attachments, fixtures, impoW ded ywater, water mains, laterals, valves, meters, plant, wells, pipes, tanks, reservoirs, systems, facility or other propertys real or personal, used or useful or having the present capacity for future use in connection with the obt finings treatment, supplying and distribution of water to the public for bm n consumption, fire prortection, irrigation, consumption by business or industry and without limiting the generality of the foregoing, shell embrace all necessary appurtenances and equipment arsd shall include all propertys rights, easements and franchises relating to any such system and deemed necessary or convenient for.the operation thereof. (g) "Sewer System" is any plant, system, facility or property used or useful or having the pre - sent capacity for the future use in connection with the collection, treatment, purification or disposal of sewage and sewage affluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment pleats, 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. There is hereby granted by the County to the Company the ex6lusive franchises right and privilege to erect, oonstraet, operate and maintain a water system and a sewer system either or both within the prescribed territory as herein prided and for these purposes to sell and distribute water and tooeollect and dispose of sewage within the territory and for those purposes to establish the necessary facilities and equipment and to lay r5,24 and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highways and other public places of the County; provided however, that the County reserves the right to permit the use of such publio places for any and all other lawful purposes and subject always to the paramount right of the public in and to such public places. SECTION 4 The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located v.thin the following described boundary lines, to-witz Begin at the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 33 South, Range 39 East; thence meander Easterly along the South City Limit line to the banks of the Indian River; thence under Southeasterly along the banks of the Indian River to a point which Intersects with the South boundary of Government Lot 4, Section 18, Township 33 South, Range 40 East; thence run West to the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 33 South, Range 39 East; thence run North to point of beginning. SECTION b The Company shall at all time 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 proviAe. SECTION 6 It is expressly understood and agreed by and between the Company and the County that the Company shall sa the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgwntll execution, claim or demand whatsoever resulting From negligence on the part of the Company in the construction, �I operation or maintenance under the terms of this franchise. The parties agree that in the oonstruction of this section, the claim of any person resulting from negligence on the part of the Company may be prosecuted direotit by such person again t the Company as if no givernmental immunity accrued to the County by virtue of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demnd. SECTION 7 The Company 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, The right if hereby reserved to the CowAy to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and la wful authority vested in said County, provided that such regulations ebali 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 right to supervise all construction or installation work performed and to make such inspeotions as it shall find Ito insure compliance with all governing regulations. upon the termination of this franchise, the Company grants Ito the County the right at the election of the County and upon payment of an amount as hereinafter provided to purchase and take over the property of the Company* The amount to be paid by the County to the Company shall be t Factual then existing value of all real and tangible personal property of the Company. In theevent any part or all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any municipality of the State of Florida, then in such event the Company agrees as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and authority to acquire all the property, assets and facilities of the Company used in its services under this franchise. The amount to be paid by the city to the Company shall be determined under the law of the State of Florida provided in eminent domain proceedings. 1 1 1 LJ 1 0 0 1 40 1 0 1 1 0 5-2s1 SECTION S All the facilities of the Company shall be constructed only in accordance with plans and specifications approved by the State Board of Health of the State of Florida and the quanity and quality of water delivered and .sold and the manner of collection and disposal of sewage 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. The Company shall maintain sufficient hater pressure and mains of sufficient size with fire hydrants and other facilities necessary to furnish fire protection at any and all areas within the territory serviced by the Company.!! The Company shall also supply all water through meters which shall accurately measure the amount of water supplied; to any ooasumer• The Company shall at any time when requested by -a consumer make a test of the accuracy of any motor; prior, however, to any test being made by the Company, the party requesting such test shall deposit with the Company the sum of Five Dollars, (#5.00). Such sum ohm 33. be teturned if the test shows the meter to be Inaccurate in its delivery. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Company 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 reasonable notice thereof to its oonsumers. SECTION 9 a. The Company shall have the authority to promulgate such rules, regulations, terms and conditions cowering the cmduet of its business as shall be reasonable necessary to enable the Company to exercise its rights and perform its obligations under this franchise and to issue an tninterrupted 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. be At all times herein where discretionary poorer is left with the Board of County Commissioners, the Company, before discretimnary action is talmn by the Board of County Commissioners, can request said Board that a group of arbitrators be appointed and such group shall consist ofs 1. County Engineer 2. Ccm►pe t weer S. One person selected by the two above two persons and this Board of Arbitrators shall make recomendationg to the Board of County Commissioners but such are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, can be appealed to the Circuit Court of Indian. River County by either party. SECTION 10 All pipes, mains, hydrants, valves and other fixutres laid or placed by the Company shall be so located in the public places in the County as not to obstruct or interfere with any other uses made of such public places already installed. The Company 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 distur— bance of pavement, sidewalk, diiveway or other surfacing, the Company shall at its own cost and expense and in a ma approved by the County Engineers, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition f or a period of am year. In the event that any time the County shall lawfully sleet to alter or change the grade of or relocate or widen or otherwise change any such public way, the Company shall upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Company shall not locate any of its facilities nor do any comm struction which would create any obstructions or conditions which are or may be come dangerous to the traveling public. In the event any such public place under or upon which the Company shall have located its facilities shall be closed, abandoned, vacated or disou tinned, the Board may terminate such easement or license of the Company thereto. Providers., however, in the event of this terminations of easement, the person requesting such termination F'.526 shall pay to the C , in advance, its costs of removal and relocation of the removed facilities in order to continue ifip service as theretofore existing, or the County shall retain an easement not less than ten feet in width for the benefit of the Compeny and its facilities. Y SECTION 11 The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respectll hake or grant any preference or advantage to any person nor subject any person to amy prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to wbich any oonswer coming within such classification would be entitled. SECTION 12 a. The Company shall furnish, supply, install and make available its public water system and its public sewer system to any and all persons within the territory making demand, therefor, and shall provide such demanding person with its services and facilities within one year from the date of such demand; prorided, however, that the Board may, upon application of the CompiLmy, extend the time for providing such service to such demanding person. In the event theCompa y fails to provide its services and facilities either as to a water system or sever system or both to any area within the territory within the time provided, then in such event the County may be resolution of the Board limit, restrict and confine the territory to that area then being serviced byr both seater and sewer by the Company or such greater area as theBoard shall deters andthereafter the territory shall be only the area defined and provided -by the Board and theL provisions of this franchise shall not extend beyond the limits of the area so restricted and defindd. b. The Company shall not be required to furnish, supply, install and make available its public water MI; em or its public sewer system or both to any person within the territory as hereinbefore set forth, unless the same may be done at such a cost to the Company as shall mats the addition proposed, financially feasible. Financially feasible shall mean that with a fair a d reasonable rate to be charged by the Company for all its ser- vices under this franchise. That such rate will produce to the Company a sum sufficient to meet all necessary costs of the services; including a fair rate of return on the net valuation of its property devoted thereto, under efficient and eoonom3.caa]. management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Company. SECTION lZ The Company shall not sell or transfer its plant or system to another nor transfer any rights under this franchise to another without the approval of the Board and provided, 'fprbher, that no such sale or transfer after approval shall be effectivo,until the vendee, assignee or lessee has filed with the Board anAnastrument in writing reciting the fact ofsueh , transfer and accepting the -terms of this franchise and agreeing to perform all ofthe 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 Company 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 alonthe Board may require* A public hearing shall 'be held on suoh request'vf which notice shall be given by publication in a newspaper regularly published in County at least one time not more than one month nor less than one week preceeding such bearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be oontinubd from time to time as determined by the Board. The conseftb by the Board to any assignment of this franchise shall not un- reasonable be withheld. 0 1 1 1 0 1 i 0 0 1 1 • 1 1 1 E SECTION 14 The rates charged by the Company for its service hereunder shall be fair and reasonable and designed to most all necessary costs of the service, including a fair rate of return on the not valuation of its properties devoted thereto under efficient and economical management. The Company agrees that it shall be subject) to all authority now or hereafter possessed`by the County or any other regulatory body having competent juris- diction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to *barge and collect not to exceed the following schedule of rates, which shall remain effective until changed or modified as herein provided, to -wits II First 3,000 gallons Next 6,000 gallons 0 Next 6,000 gallons 0 Next 250000 gallons 0 Heat 350000 gallons @ Over 75,000 gallons MONTHLY TATER RATES $2.97 minimum per month .54 per each 1,000 galloms .47 per each 1,000 gallons .405 per each 1000 gallons .338 per each 1000 gallons .27 per each 1,000 gallons 'CATER RATES - DUPLEX First unit $2.97 for 3,000 gallons monthly allowance. Second unit $1.485 with 1,000 gallons allowance Minimum ,$4.455 for pp to 4,000 gallons per month, Thereafter, add thereto water rate for each additional 1,000 gallons billed monthly as set forth in above schedule. 'NATER RATES - MULTIPLE UNITS First Unit $2.97 for 3,000 gallons monthly allowaneee Each additional unit - $1.485 with allowance of 1,000 gallons per month for each such unit. Thereafter, add thereto the above basic water rates for each additional. 1,000 gallons bi lled. TATER CONNECTION CHARGES 5/8 inoh meter 0 65.00 3%4 inch meter 8 85.00 1 inch meter 115.00 1-114 inch meter 150.00 1-1/2 inch motor 210.00 2 inches and over Cost but not less than 300.00 Turn on service 1.00 No deposit required to resident owners. In addition to the above, the water eonneotion charges for persons other than persons using existing private systems at the time of the initial conneotion, shall be required to pay the additional sum of 0165.00 to the above rates. for herein. Sewer connection charges and suer rates shall be established in accordance with provisions provided SECTION 15 The County shall have access at all reasonable hours to all of the Company�s plans, contracts, engineering data, accounting, financial, statistical, consumer and service records relating to the property and the operation of the Company and to all other records required to be kept hereunder, and it shall file such aoo- ousting repos and data with the County when required. SECTION 16 The Company shall at all times maintain public liability and property damage insurance in such as shall be required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which nay result from any action of the Company. If any person serviced by the Company under this franchise complains to the Board concerning the rates, charges and/or operations of such utility and the Company, after request is made upon it by the Board, fails to satisfy or remedy such complaint or objection or fails to satisfy the Board that said complaint or objection is not proper, the Board, may thereupon, after due notices to such utility, schedule a hearing concerning such complaint or objection and the Board may review the rates and charges set and charged by the Company for the servioes which it furnishes or the nature and character �G of the service it furnishes or the quality or services furnished. If the Board enters its order pursuant to such - - hearing and the Company feels it is aggrieved by such order, the Company may seek review of the Board's action by proceedings in the Circuit Court of the County; otherwise, the Company shall promptly comply -with the order of the Board. SECTION 17 Sbbdld the Company desire to establish dower rates and charges or should the Company desire to increase any charges heretofore established and approved by the Board, then the Company shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. 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 nor less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time ,to time as determine by the Board. If the Board enters order pursuant to such hearing and the Company or any person feels aggrieved by such order, then the Company or such person may seek review of the Board's action by proceedings in the Circuit Court.of the County. SECTION 16 Prior to the Company placing any of its facilities in any of the public places as herein authorized, the Company shall make application to and obtain a permit from the County Engineer 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 oircumstauces exist to determine thetime in whioh such construction shall be done. SECTION 19 If the Company 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 Company written notice of such deficiencies or defaults and a reasonable time within vhieh the Company shall remedy the same, -whi6Whnotice -ah&ll specify the deficiency or default. If the Company 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 reasonable notice thereof to the Company and after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole grin part if proper reasons thereby are found by theBoard. If the Board enters order pursuant to such hearing and the Company or any other person Peel aggrieved by such order, the utility or such other person mair seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 20 Any person using in normal average consumption more than. 100 000 gallons of water per day shall not be required to deal with the Company but any such water user shall be at liberty to secure its water from such source or sources as it might desire. This franchise shall exempt and except therefrom any public agency producing water for resale at wholesale• Nothing in this franchise shall prevent landowners to exercise their vested rights to pump water for their own use nor shall the riparian and other water rights of landowners be in any way impaired, reduced or affected by virtue of thisfranchise. This franchise shall not limit or restrict any person now or hereafter owning or occupying aW premises now serviced with water from continuing to receive such services and purchase water from any:person; provided, however, if such owner or occupant requests services and purchases water from the Company, then the provisions of this franchise shall apply to such owner or occupant or the land involved and the above rights with respect to such owner or occupant shall cease and terminate. This franchise shall not affect, limit or restrict the 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 21 The franchise and ruts herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect for a term, of forty years after such adoption; provided, however, that within sixty days from the time of the adoption of this resolution, the 1 1 L� 1 0 1 1 is 1 1 0 1 0 1 0 Company shall file with the Board its written acceptance of this franchise and all of its terms and conditions and provided further that if such acceptance is not filed within the time specified, then the provisions of this franchise shall be null and void. SECTION 22 If any word, section, clause or part of this resolution is held invalid, such port shall be deemed a separate and independent part and the same shall not invalidate the IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, F has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and -attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 15th day of September, A.D. 1959. Signed, sealed and delivered in the presence of: (SEAL) /s/ Ralph Harris /s/ Katherine Morrison e COUNTY OF INDIAN RIVER, FLORIDA By /s/ Robert W. Graves As Chairman of the Board of County Commissioners ATTEST: /s/ Douglas Baker Clerk ACCEPTANCE OF FRANCHISE ROCK RIDGE WATER AND SEWER CORPORATION, a Florida corporation, does hereby accept the foregoing franchise, and for itself and its 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. 9 DATED at Vero Beach, Indian River County, Florida, this 7th day of October, A.D. 1951J. (,Corporate Seal) Attest: /s/ Dorothy M. Knoebel Its Secretary Signed, sealed and delivered in the presence of: /s"/ Margaret G. Sords /s/ W. A. Patton STATE OF FLORIDA COUNTY OF INDIAN RIVER ) ROCK RIDGE WATER & SEWER CORPORATION By /s/ Daniel M. Knoebel Its President I, an officer authorized to take acknowledgments ©f deeds according to the laws of the State of Florida, duly qualified and acting, hereby certify that Daniel M. Knoebel and Dorothy M. Knoebel respectively as President and Secretary of Rock Ridge Water and Sewer Corporation, a Florida corporation, to me personally known, this day acknowledged before me that they executed the foregoing Acceptance of Franchise, as such officers of said corporation, and that they affixed thereto the official seal of said Corporation for and as the official act of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Vero Beach, Indian River County, Florida this 7 day of October, A.D. 1959. (SEAL) /s/ Margaret G. Sords Notary Public, State of Florida at la My Commission expires: Sept. 17, 1963 STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) On the 15th day of September 1959, before me, a Notary Public in and for the State of Florida, personally appeared Robert W. Graves and Douglas Baker, to me known and known to me to be the Chairman and Clerk, respectively, of the Board of County Commissioners of Indian River County, Florida,.and they did acknowledge to and before me that they executed the fore- going franchise in the name of said Board of County Commissioners, and affixed thereto the official seal of said county, as the act and deed of said County by virtue of the authority in them vested by the action of the memebers of the said Board of County Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. /s/ Ralph Harris (SEAL) Notary Public, State of Florida at Large. My commissionexpires: June 23, 1961 It was noted that Mr. Eve living on County property at the East end of the Winter Beach bridgehead was claiming this as his property and not allowing people to fish there. The Board requested the Clerk to check and see what kind of lease or agreement the County has with Mr. Eve and bring to the next meeting. Upon Motion made by Commissioner Hamilton, seconded by Commissioner McCullers and unanimously carried, the following Item to Item Transfers were adopted: RESOLUTION WHEREAS, there is a total surplus of $500.00 in the Road & Bridge Fund of Indian River County under some items and which surplus exists after the payment of all necessary expenditures under such items for the current fiscal year; and WHEREAS, there is a deficiency in funds necessary to provide for the proper and authorized expenditures under some items in the Road & Bridge Fund; and WHEREAS, said items mentioned are a part of the same fund and the transfer from one item to another item in the same fund and is not a transfer from one fund to another fund; therefore, BE IT RESOLVED that there is herewith transferred the sum of $500.00 from some items where there is a surplus to the items where there is a deficiency, according to detailed statement attached, all in the Road & Bridge Fund of the current budget of Indian River County as provided by law. Item to Item Transfers EXPENDITURES TRANSFERS A/C Name To 422. Maintenance of Equipment $500.00 415. Free Labor RESOLUTION From $500.00 WHEREAS, there is a total surplus of $300.00 in the General Revenue. Fund of Indian River County under some items and which surplus exists after the payment of all necessary 1 1 0 1 0 1 1 1 1 0 1 1 = W1 S3/ expenditures under such items for the current fiscal year; and WHEREAS, there is a deficiency in funds necessary to provide for the proper and authorized expenditures under some items in the General Revenue Fund; and WHEREAS, said items mentioned are a part of the same fund and the transfer from one item to another item in the same fund and is not a transfer from one fund to another fund; therefore, BE IT RESOLVED that there is herewith transferred the sum of $300.00 from some itemsjl where there is a surplus to the items where there is a deficiency, according to detailed statement attached, all in the General Revenue Fund of the current budget of Indian River County as provided by law. Item to Item Transfers EXPENBITURES TRANSFERS A/C Name To From 270. Administrative Other Offices 269. Administrative Co. Commissioners $300.00 $300.00 Mr. Curtis Gearge of Wabasso appeared before the Board with a bill from the hospital and some Doctor bills which he requested help on. The County informed Mr. George that we did not take care of bills of this nature, but suggested he contact Dr. Flood of the Health Department and see if at least part of the bill from the hospital might be paid from the indigent fund. It was stated that 0la Thompson, Clerk in the Welfare Office is in the hospital and would need some sick leave. Upon Motion made by Commissioner Waddell, seconded by Commiss McCullers and carried, the Board grants Mrs. Thompson ten days sick leave. The County Engineer stated that he still had not been able to -obtain a right of way for Citrus Road from Mrs. Eyers and asked if he should have an appraisal made. The Board requested that he check on the right of way across Mr. Taylor's property first before having such appraisal made'on the Eyers property. Some discussion was had on investing monies now in the Capital Outlay Fund and Mr. Graves was asked to check on U. S. Securities and report back to the Board at the next meeting. There being no further business, upon Motion made, seconded and carried, the Board then adjourned. ATTEST: CLERK