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HomeMy WebLinkAbout1/19/19601 1 1 1 1001 6 PAO[�4R� VERO BEACH PRESS -JOURNAL PublicNotireasr' Published Weekly Vero Beach, Indian River County, Florida NOTICE Notice is hereby given that the Zoning Commission of Indian River r. Conty, Florida, has made its finaul report recommending changes r COUNTY OF INDIAN RIVER: and additions to the Zoning Reso- lution of Indian River County, Flor- ida, which said changes and ad- za 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 ditions are substantially as follows: 1. That the zoning Resolution have added thereto a new section establishing a new and additional Copy Of advertisement, being a ____ ___ ___-----------------------------_________ _________ zone to be known and designated as R_3 A, Retirement District, in which said District the uses per- - • — ---------------------------------------- in the matter Of --_ q_______ mitted shall be all of the uses permitted in the R-1 A, Country Home District, and housing facili- _ 5 ties and services especially de_ �__i_ •-.�_ C._flA `�: ---------------------_ - — - signed to meet the spiritual, physical and social needs of the retired, elderly, disabled or dem pendent persons, or for religious; --------------- --------------------- in the -------------------------------------------------- ----------------- -- - Court, was pub- charitable or non-profit uses and providing for building height limit of 35 feet: buildings site area of 10 lished in said newspaper in the issues of ---------------------------------------- acres; front yard of 25 feet; side yard of 15 feet; rear yard of 15 feet; and provided that any build- --------- ------ -L `5 ------------------------------------------------ inglocated within 120 feet of any public street shall meet all of the requirements of the zone on the 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. opposite side of the street. 2. That the Zoning Map be changed in order that the follow - ing described property, situated in Indian River County, Florida, to - wit: Tracts A and C of Bucking- hammock Subdivision, accord- ly ys Sworn to and subscribed before me the _____________________. -day of Lg_ A. D. __________ ing to recorded plat thereof; be changed from R-1 A, Country Home District, to R-3 A, Retire- I ment District. 3. That the Zoning Map be -------------- -- ---'- (Business Manager) % changed in order that the follow - ing described property, situated in Indian River County, Florida, to- o- wit: wit: In (Clerk oft Circuit Court, dian River County, Florida Lot 3, less the East 100 feet, and all of the West 215 feet of AL) the t h 115 y Albrecht Acres Subdivision, sion, ac- Jf(SE cording to recorded plat there- of; be changed from R-1, Single Family District, to R-3, Transient District. A public hearing in relation there- to at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County , :Commissioners of Indian 'Rider' C'duhty, Florida, in the offices of the Board at the Indian River County Courthouse, Vero Beach, Florida, at 9:00 o'clock A. M. on the 19th day of January, 1960, after which said Board will take action; thereon with respect to said final report and/or with respect to any other changes in zoning of said above described property or any lesser or greater area in the vicinity of said pro erty or pertaining to said propose changes as shall appear BOARD OF COUNT MISSIONERS OF `RIVER COUNTY,, By: Robert W. Gr Chairman. Dec. 31. 1959. The above notice was read by the Attorney and the Chairman asked if there were any present who wished to be heard. Mr. Walter Buckingham was recognized by the chair and asked what was meant in the notice by "buildings site area of 10 acres". It was.explained that to be rezoned to Retirement District the area should be at least 10 acres in size and that Mr. Buckingham's was much more or around 22.to 23 acres. No one else wished to be heard with. respect to any of the items. The Chairman stated that they would vote on each item separately. Commissioner McCullers made the Motion, seconded by Commissioner Hamilton r and uanimously carried, that the recommendations of the Zoning Board be granted as to Item #1 creating a new zone to be known as R -3-A, Retirement District. Commissioner McCullers made the Motion, seconded by Commissioner 'Hamilton and unanimously carried, to accept the recommendations of the Zoning Board as to Item #2 to rezone Tracts A and C of Buckinghammock S/D from R -1-A Country Home District to R -3-A, REtirement Home District. Commissioner Hamilton made the Motion, seconded by Commissioner Waddell and unanimously carried, to accept the recommendations of the Zoning Board as to Item #3 to rezone a part of Albrecht Acres S/D from R-1, Single Family District to R-3, Transient District. The Attorney stated he had prepared a Resolution with the above changes and upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the following Resolution was adopted: RESOLUTION WHEREAS, the Zoning Commission of Indian River County, Florida, did after public i,eai,ng utaxe ii, sinal report recommending change and additions to the Zoning Resolution of Indian River County, Flon da; and, WHEREAS, this Board did publish its notice of said recommended changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in interest and citizens were heard; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Resolution of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Resolution have added thereto a new section establishing a new and additional zone to be known and designated as R-3 A, Retirement District, in which said District the uses permitted shall be all of the uses permitted in the R-1 A, Country Home District, and housing facili- ties and services especially designed to meet the spiritual, physical and 6009 U PACE103 1 1 1 NOTICE VERO BEACH PRESS -JOURNAL Notice is hereby given that the Board of County Commissioners of Indian River County, Florida, will Published Weekly receive written sealed bids to the. hour of 9:00 o'clock A. M. on Tues- Vero Beach, Indian River County, Florida day, January 19, 1960, and at said time publicly open the same at a meeting of said Board to be held in the County Commissioners Room, —0,161 COUNTY O F INDIAN RIVER: Indian River County Courthouse, Beach, Florida, for the sale 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 --- _-_ -- _ ___ _ --- "`-�'- _-`- -" .----,in the matter Of -_'" �r - - - ---- }.�u - - by said County of the following by described personal property: 1. One (1) used Link Belt, one - half (yz) yard Crawler Dragline, �y about 23 years old, with 136600OW" Caterpillar, 3 cylinder engine, Ma-', chine No. 5E 9668, about 10 years old, with 30 foot boom, pile driving . leads and hammer. This equip- i .- ment is stored at County Barn. 2. One (1) used D-4 Caterpillar Dozer with two blades, about 21 < years old. Tractor No. 468685W' 3. One (1) lot of metal scrap and' junk now located at the County , Barn, South Gifford Road, Indian ______ in the ________- Court, was pub- ------------------------------------- River County. � Said junk to be sold as a whole _____________________________._ and each bid shall state the price' lished in said newspaper in the issues of --- _---------------------------------------------------- ------------------ �` 1 , y 1 -�-p - - - --------- V' 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; �P and affll•Ult further says that he has neither paid nor promised any person, firm or corporation ' any dis cunt, rebate, commission or refund for the purpose of securing this advertisement for offered therefor and shall have submitted therewith a check to the County in the amount of ten (10) percent of said bid. The balance of said bid shall be due and pay- able ten days from the date of'� _ - I'aGv411G7V1 811aBW • EOIIU lOd SJ000 IP -1 r 1)OOMA Id publiAtion,in the saiwspaper. VERO BEACH PRESS -JOURNAL p*"" gene newrvi > d' Published Weekly"tea hour f 914 .k. 1)l. 04 Vero Beach, Indian River County, Florida �aar Ja ua Ana m,� y time Public�%X`s,`"im", Sh9,YylR! yi meeting .1 ad�i }7va'c+i tis in th Co. pty Ca®mlrNoaerg$aa+�u COUNTY OF INDIAN RIVER: lndi Ri ,,LfuuntX ttjioure STATE OF FLORIDA Vero Bea b, '8Rbr7da kg tka •, #, by said Country of the QO. Before the undersigned authority personally appeared J. J. Schumann, who �aescr bed parse at pre t� on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly i. one (D nsea Elf (Y:) yard d Lwiaap newspaper published at Vero Beach in Indian River County, Florida; that the attached about z3 years old, yr- Caterpillar, 3 cYhndar eali copy of advertisement, being a -+.._.-----...-- chine No 6E ss. s about iG ....._._...---.__---_.--_-_- - old, with 39 foot boom, pde k.. leads and harcm.l. This !. mend is stored t County Barn. _?in the matter of _-- . _ ..-- .------•---- -- "`- Q-' 2 one (1) used D-4 Caterpillar Dozer with two blades, about 81 years old Traetor No 4686g5W. y ------------- 3 One (i) lot of metat scrap and �jonl. now located at the County( Ra "n,, Gifford Ravd, Indian _____— — ----- in the -- . _..____— ",___ --_-_.-____ Court, was pub- River County Said I ill, to be sold a whole and each bid shall state sthe Prlee } • .in Said newspaper in the issues of _ _._ _ offered therefor and shall haveP _ _ submitted therewith checa to the County in rd f to (10) per t t std bid. The b lance __ ------ of'" bid shall be due and Pay''• able ten days from the date aft. Aftiaut :further says that the said Vero Beach Press -Journal is a newspaper published at acceptance of said offer. Each bid. Veriy Bead to said Indian River County, Florida, and that the said newspaper haB.Paretofore der h llagree gra f ve the h junk beet tontiAlystudy published in said Indian River County, Florida, weekly and has., A ed with'. thirty days The dep Yit ar as second plass mail matter at the post office in Vero Beach, m said Indian River a, pa nese price paid hall b for- �r Joe a period of one year next pmceedmg the first publication of the attached copy of adve ., teited to the County m the eveatY Id art further says that he has neither pard nor promised any person, firm or corporation any bidder falls to perform m the any Ni t, rebate, comm1.0. or efunu tar the purpose of securing this advertibetnept time provided. public. ivn �vh the sa spaper. Each bid shall be in an a va- ,% , ` t -� � lope eaureli seal d and Pla "But • • .t! y .. day 41 � A. D.—1-�-tO in. ked on ins [sole, Bid .J.; �,bWyn tp'snd piysbrl a re me A. -_._- �.. -- Metal Junk WW/- E9u1pm /j Forfurther fntorraation, �A �A.f/)_.c•• �j1n n�� _—.. the County Eng c n The three items for bid noted / (Business naana{er) m bid.. above are a to ..l hunts far •each bid asps r< t r eh item. ° 'Tota( bid for alt tte may also. [Clerk of Circuit Court, Indian River County. F ) Abe submitted if such wand be dlf- 19'""d than the sum of the three (SEAL) individual bids. Individual bid hir any are item is acceptable - Th, County eservea the right to Gyve any infarmalitfes and the right to reject any and all bids. This 4th day of January, 1960. BOARD OF COUNTY COh" MISSIONERS OF INDIAN RIVER COUNTY. FLORIDA By: Robert W. Graves. Chairman Jan. 7, 14, 1960. s# Pursuant to the foregoing notice all bids received were opened and tabu- lated as follows: Bid from Ren Potter of Fort Pierce -- Did on dragline, dozer and scrap l.ron - - - - - - - - - - - In the sum of $c 2 5 .: 0 Bid :from West Coast Salvage & Iron Co. - - Bid on scrap (only) In the sum of $1-27.50 Bid rrorr, Ti. TStewart, Orlando, Florida - Bid on Dra line Bid on Dozer t50. ;C Bial from Leorge,Nlarti.it, I'i.d for 30 Tons of Scrap - - - - - - $4.50.0:) Bial from Peter Gerstner - Dragline $32.5.00 Dozer 100.00 Scrap 90.00 - - - - $515,'0 Trie County Engineer stated that after tabulating the bids [?en. Potter's b.d�,�as n :gin the amount of 3' ;25,v0, L'ponMotion made by Comm ss °.over Macdonald, seconded. by Cofrmissi_oner 1,1cCullers and unanimously oarried, the Ioard moved to accept the high bid from Ren Potter. =`lr. '.. �1: 'rdeedham appeared before the T -bard and preserted s4 -fined hy =,nmc 1.50 -3eople to e„,tend the pav ng O% 20uh Avenue frot!: (AE'nd le EZoad 5outt2 to Oslo Road, After some discuss. -Lon ..n toe matter tpe Ca ;:..-.rnlan told lr. I c r .:,a that we ftad noth ng set :Ln the budget to4s year but tctE Toad Tr70U'ld tAble tap natter for the t --Me Doing and have tile County J r1=- "_Iirf=:i Lon -c t!,A roadover an(] see what relief he could give tried. Mr. Red ,.neon a.ppeared before the Board about the request for road RI/V! on U. ;'i_ from the Prr.m._ t-Ive 1'a.pti..st Ci'turc.7 at e-^n_ter Beach. :e stated they would ”. xte to cooperate bitt that it will be 6,ecessary for to find a new loca.ti-on for thei.r c0urch as this property i,7 --i 7_ not be su.i_tab:i zcr one wrien the road. oes in and further that i_t w:4l.l take all of their parlc::n -Fa'e further stated they had found a i.oca.t'on for around $150:-3.00. ue further stated he did not th:Lnk the old bua_ldi_ng could be moved brat ile lzad pried materials and togetrer. with the land they would accept $550:x. J0 -'or the right of way. The Attorney stated he had not gotten the a.pnra:isal on t1his nroper_ty yet. After_ some discussion in the matter and apon Mot%.on ;;rade 'b -,r J Comma ssioner 1,1acdonald, seconded by Commissioner '-iamilton and urian-mous.l.y carried, it was decided to table this matter until the rie -t meetj ing to 8-ve the Board a chancre to look over the ground and have a better idea as Vo what should be done. 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 In-d�i-an River County, Florida; that the attached copy of advertisement, being a ----------------------------------- -------------- ------------------ in the matter of---- ------------ ---------------------------------------- -------------`---------------------------- in the --------------------------------- ----------- Court, was pub - lisped in said newspaper in the issues of -------------------------------_.-----------___---__-- "' -)-- 19 � o V 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 t (l Z,� (Clerk of� (SEAL) 1 1 (Business Manager) NOTICE OF HEARING The Board of County Commission- ers of Indian River County, Flor- ida, will on the 19th day of Jan- uary, 1960, at 10:00 a.m., in the Board of County Commissioners' room, at the Indian River County Courthouse, Vero Beach, Indian River County, Florida, consider granting an exclusive Franchise to IXORA UTILITIES, INC., for the delivery and service of sewer and water services to the following de- scribed property in Indian River County, Florida, to -wit: Begin at the Northeast corner of Tract 9, Section 14, Township 33 South, Range 39 East; thence run West to the Northwest cor- ner of Tract 12, Section 15; thence run South to the South - i west corner of Tract 13 of Sec- tion 22; thence run East to the Southeast corner of Tract 16, Section 23; thence run North to the point of beginning; all of the above being located in Township 33 South, Range 39 East, according to the last general plat of Indian River Farms Company, as shown in a plat recorded with the Clerk of the Circuit Court of Indian River County. Parties in interest and citizens will be heard by the Board at said Public Hearing. This 28th day of December, 1959. BOARD OF COUNTY COM- MISSIONERS, INDIAN RIVER COUNTY, FLORIDA By Robert W. Graves, Chairman Jan. 7, 1960. q OFFICIAL RECORD Fnah 92 R E S O L U T I O N BE IT RESOLVED by the Board of County Commissioners .of Indian River County, Florida: SECTION I This Resolution shall be known a.nd*may be cited as the "Ixora Utilities Water and Sewer Franchise". SECTION II 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, a political subdi- ision of the State of Florida. (b) "Company" is the Grantee of rights under this fran- chise, that is, the Ixora Utilities, Incorporated, a Florida orp oration. ounty. (c) "Board" is the Board of County Commissioners of the (d) "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. (e) "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 descrjbed herein. (f) "Water System" shall mean and include any real estate, attachments, fixtures, impounded water, water mains, lat- erals, valves, meters, plant, wells, pipes, tanks, reservoirs, systems, facility or other property, real or personal, used or useful or having the present capacity for future use in connection with the obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by business or industry and without limiting the gen- erality of the foregoing, shall embrace all necessary appurten- VOCELLE . VOCELLE VERO BEACH. FLORIDA Rook 9�AiiF 5q OFFICIAL RECORD lances and equipment and shall include all property, rights, leasements 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 present capacity for the future use in conneetion with the collection, treatment, purifica- tion or disposal of sewage and s6wage affluent and residue for the public and without limiting the generality of the foregoing defi- nition shall embrace treatment plants, pumping stations, inter.• cepting 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. $ETION III There is hereby granted by the County to the Company the exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and a sewer system either or both within the prescribed territory as herein provided and for these purposes to sell and distribute water and to collect and dispose of sewage within the territory and for these purposes to establish the necessary facilities and equipment and to lay and twin 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 public 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 IV The territory in which this franchise shall be applicable In all that part of Indian River County, Florida, located within the following described boundary lines, to -wit: Begin at the Northeast corner of Tract 9, Section 14, Township 33 South, Range 39 East; thence run Wiest to the Northwest corner of Tract 129 Section 15; thence run South to the Southwest corner of Tract 13 of Section 22; thence run East to the southeast corner VOCHLLC . VOCELLi V[RO ![ACM, FLORIDA � U2 4-3U 4) 1 bD Da 0 +3 O . S, cs .o a) O N Q •� C1, N +� v3 Q) o C Z +�, r i 'd ,- rn S4 a) U 4) C m 0 4.3 C Q O 43 -N 43 .Q O �". d .r4 O «-4 c4- O O 4) U P -a $- a) O � H •r-4 � 94 Cd ;4 � O ?S .r-4 ,r d 0 -4-5 P W s:: .4-3 -P a,.4 � .Q o .0 t4 � 0 -4-) � a 04 o .P a) - � O m -C 4-4 94 � 94 O ^ cd cd O -P 4.3 (1) .43 00 94 0 -P Q) 94 Cd 04 -P Q) 94 Q) -,4* r -q .0 H H rri Q) Cd Q± .5:; rd � rd U " '0 C Cd z .Ci q-4 ro H -P O ? 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Upon the termination of this franchise, the Company grants to 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 the actual then existing value of all real and tangible personal property of the Company. In the event 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 tine 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. SECTION VIII 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 quantity quality of water delivered and sold and the manner of collec- ion and disposal of sewage shall at all times be and remain not erior to the rules, regulations and standards now or hereafter d by the State Board of Health. The Company shall maintain ufficient water pressure and mains of sufficient size with fire s and other facilities necessary to furnish fire protec- ion at any and all areas within the territory serviced by the ompany. The Company shall also supply all water through meters hick shall accurately measure the amount of water supplied to ny consumer. The Company shall at any time when requested by a onsumer make a test of the accuracy of any meter; prior, however, o any test being made by the Company, the sum of Five 05.00) shall be deposited with the Company by the party requesting uch test. Such sum shall be returned if the test shows the meter VOCRLLK . VOC[LL[ VERO W[ACH. FLORIDA OFFICIAL RECORD BDDk NiiE �� i 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 consumers. SECTION IX (a) The Company shall have the authority to promulgate such rules, regulations, terms and conditions'covering the con duct of its business as shall be reasonably necessary to enable the Company 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. (b) At all times herein where discretionary power is left with the Board of County Commissioners, the Company, before discretionary action is taken by the Board of ;the County Commis- sioners, can request said Board that a group of arbitrators be appointed, and such group shall consist of: 1. County Engineer 2. Company Engineer 3• One person selected by the two above-named persons, and this Board of Arbitrators shall make recommendations to the Board of County Commissioners but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, can be appealed to the Circuit Court of Indian River County by either party, SECTION X All pipes, mains, hydrants, valves and other fixtures laid or.placed by the Company shall be so located in the public Places in the County ao as not to obstruct or interfere with any other uses made of such public places already installed. The 4"ompany shall whenever practicable avoid interfering with the VOCELLE a VOCELLE VRRO ■[ACH. FLORIDA 0MCIAL RECOFD Rork 9? nAia 538 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, driveway or other surfacing, the Company *hall at its own cost and .expense and in a manner approved by the County Engineers, replace and restore all such surface so disturbed in as good condition as before saki work was commenced and shall maintain the restoration in an approved condition for a period of one year. In the event that any time the County shall' lawfully elect 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 construction which would create any . obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Company shall have located its facilities shall be closed abandoned, vacated or discontinued, the Board may terminate such. easement or license of the Company thereto; provided, however, in the event of this termination of easement, the person requesting such terjjination shall pay to the Company, in advance, its costs of removal and relocation of the removed facilities in order to con- tinue its service as theretofore existing, or the County shall re- tain an easement not less than ten feet in width for the benefit of the Company and its facilities. SECTION XI The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated scale of charges and classified rate schedules to which any consumer corning within such classification would be entitled. SECTION XII (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, VOCZLLK a VOCCLLK V[RO BRACH, FLORIDA OFFICIAL RECORD Ronk Q v" HuE 539 hand shall provide such demanding person with its services and faci- lities within one year from the date of such demand; provided, however, that the Board may, upon application of the Company, extend the time for providing such service to such demanding person. In the event the Company fails to provide its services and facilities either as to a water system or sewer system or both to any area within the territory within the time provided, then' in such event the County may by resolution of the Board limit, restrict and confine the territory to that area then being sei% viced by both water and sewer by the Company or such greater area as the Board shall determine and thereafter the territory shall be only the area not forth, defined and provided by the Board and the provisions of this franchise shall not extend beyond the limits, of the area so restricted and defined. (b) The Company shall not be required to furnish, supply, install and make available its public,water system or its public sewer system or both to any person within the territory as here- inbefore set forth, unless the same may be done at such a cost to the Company as shall make the addition proposed financially feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Company for all its services 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 devoted thereto under efficient and economical management. The 'burden of showing that a prospective service to the area is not financially,feasible shall be the burden of the Company. SECTION XIII 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 further that no such sale or transfer after such approval shall be effec- tive until the vendee, assignee or lessee has tiled with the ;Board an instrument in writing reciting the fact of such transfer s *ad accepting the terms of this franchise and agreeing to perform i fall of the conditions thereof. in any event this franchise shall VOCELLE . VOCELLE VERO !EACH, FLORIDA oil FFICIAL RECORD 4111111 �� nom..•C �, 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 concern- ing the financial status and other qualifications of the proposed transferee and such other information as the*Board may require. A public hearing shall 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 nor less than one week preceding such hearing. Certified proof of publi- cation of such notice shall be filed with the Board.- Said hear- ing may thereafter be continued from time to time as determined by -the Board. The consent by the Board to any assignment of this franchise shall not unreasonably be withheld. SECTION XIV The rates charged by the Company for its service here- under shall be fair and reasonable and designed to meet all lecessary costs of the service, including a fair rate of return in the net valuation of its properties devoted thereto under ►fficient 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 charge and collect, but not to exceed the following schedule of rates, which shall remain effective until changed or modified as herein provided, to -wit; MONTHLY WATER RATES First 3,000 gallons $2.97 minimum per month Next 6,000 gallons a .54 per each 10000 gallons Next 6,000 gallons 0 .47 per each 1,000 gallons Next 252000 gallons ®.405 per each 1,000 gallons Next 35,000 gallons 40 .338 per each 1 000 gallons Over 75,000 gallons A .27 per each 1000lgallons WAM RATES - DUP= First Unit 2.97 for 3,000 11.485 gallons monthly allowance. Second Unit with 1,000 gallons allowance. Kinimu° #4.455 for up to 4,000 gallons per month. rhere?after, add thereto water rate for each additional 1,000 gallons billed monthly as not forth in above schedule. VOCELLE . VOCELLE VERO BEACH. FLORIDA . OMC1AL RECORD `RO11k 9? ''A(;E,54 WATER RITES - MULTIM UNITS First Unit #2.97 for 3,000 gallons monthly allowance. 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 billed. WATER CONVECTION CHARGES 5/8 inch meter $ 65.00' 3/4 inch meter `_ $ .85.00* 1 inch meter 115.00 1-1/4 inch meter 150.00 1-1/2 inch motor 210.00` 2 inchea and over Cost but not less than $ 300.00 Turn on service $ 1.00 No deposit required from resident owners. In addition to the above, the water connection charges for persons other than persons using existing private systems at the -time of the initial connection, shall be the additional sum of $165.00 to the above rates. Sewer connection charges and sewer rates shall be established in accordance with provisions provided for herein. SECTIM XV The County shall have access at all reasonable hours to all of the Company's plans, contracts, engineering data, account- ing, financial, statistical, consumer and service records rela ting to the property and the operation of the Company and to all other records required to be kept hereunder, and it shall file such accounting reports and data with the County when required. SECTION XVI The Company shall at all times maintain public liability Lad property damage insurance in such amounts as shall be required rrom 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 ublic and for any liability which may result from any action of the Company. If any person serviced by the Company under this ise complains to the Board concerning the rates, charges and/or operations of such utility and the Company, after request is made upas it by the Board, fails to satisfy or remedy such complaint or objection or fails to satisfy the Board that said omplaint or objection is not proper, the Board may thereupon, VOCELLE . VOCELLE VERO ■EACM. FLORIDA OFFICIAL RECORD R0ak 9? A;4 544 after due notice 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 services which it furnishes or the nature and character 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 XVII Should the Company desire to establish sewer rates and charges or should the Company desire to increase any charges her®tofore 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 publio hearing shall then be held on such request, of which notice shall be given by publi cation 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 determined by the Board. If the Board enters an order pursuant to such hearing and the Company or any person feels aggrieved by such order, then the Company or such person seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION XVIII 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 or hereafter be established by regulations of the County. County shall have the right when special circumstances exist to determine the time in which such construction shall be done. VOCHLLR . VOC[LLH VRRO MKACM, FLORIDA OFFICIAL RECORD ROAM c7� !34 i[ 54 J 3TCTION XIX If the Company fails or refuses to promptly and faith- fully 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 which the Company shall remedy the same, which notice shall 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 hoard, the Board may further limit or restrict this franchise 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 Company or any other person feels aggrieved by such order, the utility or such other person may seek review of the Board's action by pro- ceedings in the Circuit Court of the County. SECTION XX Any person using in normal average consumption more than 100,040 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 fran- chise shall prevent landowners from exercising 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 this franchise. This franchise shall not limit or restrict any person now or hereafter owning or occupy- ing any 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 Ifrom 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 IIVOCRLLK . VOCELLE VERO BEACH, FLORIDA nFFiCIAL RECORD Kip 544 Irestrict the rights or -privileges as set Porth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125*42, of the Florida Statutes, SECTION XXI The franchise and rights 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 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 XXII If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed in the name of the County of Indian River by the Chair - 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 %' v, day of A.D. , 19_"-, Signed, sealed and delivered in the presence of: COUNTY OF INDIAN RIVER, FLORIDA By /L�I�c�Ti.✓ As lChairman or the Board Of- -County Commissioners ATTEST: l;ki- Cleric VOCKLL[ . VOC[LLH VERO ![ACM, FLORIDA OFFICIAL RECORD Rook . 'Aril 5 j ACCEPTANCE OF FRANCHISE IXORA UTILITIES, INCORPORATED, 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 prow- _ sins therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this day of , A.D., 1966* (Corporate seal) liAttest: �Its ecre ary Signed, sealed and delivered In the presence Of.- STATE f: IXORA UTILITIES, INCORPORATED By ��/6i',,: Its President STATE; OF FLORIDA COUNTY OF INDIAN RIVER I, an officer authorised to take acknowledgments of deeds according to the laws of the State of Florida,duly qualified and acting, hereby certify that Nathan Tanen and Barbara Tanen, respectively as President and Secretary of Ixora Utilities, Incorporated, 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 corp tion, 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 nay hand and official seal at Vero Beach, Indian River County, Florida, this day of %= , A.D., 19,c% ii Notary rublIcs State or Flarlaa a Large. MY Commdesion Expires: VOCELL6 . VOCHLL[ VERO ![AGM. FLORIDA OFFICIAL RECORD R0.111 J? "aui 546 STATE OF FLORIDA ) COUNTY OF INDIAN RIM ) On the �_ day of , 191 before me, a Notary public in and for the State of Florida, personally appeared r . - _ , - _ _ and 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 foregoing 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 members of the said Board of County Com- missioners. IN WITNESS WHEREOF, I have hereunto set mar hand and affixed my official seal the day and year last above written. Mary Public, 3"'t'a ' 'Or F=da at Large. My Commission Expires (Seal) VOCKLLS . VOCELLE VERO .EACM• FLORIDA Rev. Johnson of Gifford appeared before the Board and requested a donation for cleaning up and beautifying the Gifford area. Upon Motion made by Comm;ssioner McCulle.rs, seconded by Commissioner Macdonald and un- animously carried, the Board herewith grants a donation of $.100.00 for this purpose, said -check to be mailed to the Good Neighbor's Magazine. The Countv Attorney stated that Mr. A. -B. Michael h.ad.a problem of getting trucks _n and out of his packing house when the new U. S. #1 goes in. After considerable discussion in the matter and upon Motion made by - Commissioner Macdonald that the State Road Department be requested to provide a left turn out lane at approximately Station 765 to 766 :�.n order to provide for traf-`ic i.nto Deerfield Groves Company Pacing 'Nouse, and that" the County will agree to.r_elocate their driveway as necessary to put it opposite the opening for the left turn, and that this opening be sh-�_fted South as far as possible, and teat the County is of the opinion that these change_ are nec- essary and adv'_sable 'because first, all of the right of iaay of Deerfield Graves, valued at a.pprovimiately :30,300.00 was conveyed without cons4.deratl_on includi.r,.0 all. of the build1_nEs located thereon, and second, the volu;-!ie of traffic, particularly trucks, is very heavy to the ,packing house of "Deerfield Groves Comil ny; seconded by Commissioner McCi.all_ers and unansmously carried. �2.\iP Al' recht appeared before the Board and stated that last year he had appeared before the Board 1.7a..ti�. regard to the County giving h+;n some help as to nav ;.n- the oldState road 60 right of way wh-_c'nabutts his Albrecht Grove S,jbdivr_s�_on on the north. He further stated the Board requested he return ki�.is request_ after the 1959-60 budget went into effect. --..e said he had had sa 2_d roar' naved along with his subdiv_'Is:'..on that that th:I.s par_ti.cul;_:r road cost b w :, annroximately `2,000.,0() to nave, and would anprec ate anyt ii_n�_, the Comm. j_ss .oners could, do for h.in1. After further discussion in the matter, upon 1,ot4I_on mane by Commissioner Yacdonald, seconded by Comm=ssioner_ McCul.lers and unan�mousl.y carried, th.e Board agreed to nay 1-1-C. Albrecht for one-half the paving cost of the road or :1,000.00. The County Attorney stated tizat a letter had been received from Central and Southern Florida Flood Control_ District suggesting a meet in with Brevard? County Officials in Melbourne on February lst to go over a proposed flood control plan for the Upper St. John's River Basin. The County Attorney was asked to contact. Mr. Scott of Reynolds, Smith & Hills to meet with the Board prior to the meeting of February lst. The County Attorney stated that the District Court had denied an appeal by Mrs. Surrency for a rehearing. A letter was received from Mr. Roland G. Johnson, Florida State Representative of U. S. Civil Defense Council, Region ITT, requesting that the Board recommend a Civil Defense Director or worker which they feel has done an outstanding iob for a Pres4.dential Ci.tat:on. Upon Motion made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried,. the Board recommends -Joe 1-1. Earman, Director of Civil Defense of Tndian River County for this honor. Tom'Williams, Juvenile Counselor appeared before the Board and stated there had been an attempted rape in Roc'.ridge Park and would like for the Foard to take some preventative measures against such as this happening again. Mr.. Dan Knoebel was nresent and stated he would 1-.ke to take the building down that is now on the nark site. After some discussion in the matter, Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers, and unanimously carried that Mr. Knoebel's request to remove the building be granted. Mr. Humphries appeared before the Board requesting a chane in ti,e right of way for a lateral ditch along his Property line be made. After some discussion in the matter and upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carr ied., the following Resolution was adopted: That with respect to Lateral Ditch #5 from existing State Road 5 to Station 14 plus 77.11, the State Road Department be requested to shift the centerline of the proposed right of way for this ditch approxi- mately 10 feet to the South. Engineer Ed Schmucker stated that he had priced tables for the court- room and chairs for the jury room and that they would come to around $900.00. Motion was made by Commissioner McCullers, seconded by Commissioner Waddell and carried, that advertisement be prepared and advertise for bids for the required furniture. Deputy Clerk, Katherine Morrison reported that Troy Moody, Tac Coli_ector has filed his .report or Receipts, Expenses and Net Income for 1959 and returned $11,978.62 to the County, Homer C. Fletcher, Tax Assessor filed his report and returned $x,901.50 to the County; Douglas Baker, Clerk Circuit Court filed his report and returned $4,188.49. Pasco Woods filed hi.s report as of January 18th with no return to the County. No other reports have been filed as of this date. Upon Motion made by Commissioner Hamilton, seconded by Commissioner Waddell and carried, the Deputy Clerk was requested to notify the Governor of the late report filed by the Small Claims Judge and that no report had been filed by County Judge Miles Mank or Prosecuting Attorney John Gould, and that conies of the letter should be sent to the officers involved. Upon Motion made by Commissioner McCullers, seconded by Commissioner Macdonald and unanimously carried, the following Resolution was adopted: R E S O L U T I O N WHEREAS, there is a total surplus of $950.00 in the General Revenue 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 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 $950.00 from some items where there is a surplus to the items where there is a deficiency, according to detailed statement attached, all in the General Revenue Fund of the current budget of Indian River County as provided by law. EXPENDITURES A/C Name 262. Legal Advertising Expense 681-4 State Fair Expense 681-5 Station Wagon Expense 685. t'ublicity 681-2 4-H & Future Farmers Expense 681-3 Co. Agent's Adm. Expense Contingency Fund TOTAL TRANSFERS To From $700.00 50.00 100.00 100.00 $ 50.00 100.00 800.00 4950.00 $950.00 There being no further business, upon Motion made, seconded and carried; the Board then adjourned.