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HomeMy WebLinkAbout2/16/1960IP VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA NOTICE Notice is hereby given that the Before the undersigned authority personally appeared J. J. Schumann, who Board of County Commissioners on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly of River County, Florida, has newspaper published at Vero Beach in Indian River Count Florida;hat the attached Ye a; LIndian by resolution adopted the provisions of Chapter 59-226, Laws of Florida, Providing for zoning of agricultural copy of advertisement, being a ____-- _ _- _ lands -for tax. purposes and that pursuant thereto the Tax Assessor (� p ___-_______ in the matter of -_1 �±9ac�+�t� -4 ____1T_w —�---- has certified to the Board a list containing the legal descriptions of the lands so { zoned. The Board 'Will, on he 16th day of _February, — �- \ • _ - yn ---- -------- ----- ---- tttlll 1960, at 9.0o o'clock A 1 ., con- duct a public hearing in the offices v o id Board f said in the Indian River in the -------------------------------------------------------------- _ ----------------------- -Court, was pub - County Courthouse, Vero Beach, Florida, acid will examine the list and classification of lands sub- mitted by the Assessor and make lisped in said newspaper in the issues of ________________________ ----------- --------------------------------------- such reclassification as shall be (appropriate or just. All citizens and ----- `i --t ----------------------------------------------- parties in interest will be heard. Should any owner of property con- -----------tend that his lands are not. so classi- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at fied and should be so classified, the Clerk of the Board has Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore a; form of affidavit which should be been continuously published in said Indian River County, Florida, weekly and has been entered com- pleted and filed with the Board as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, prior to said public hearing. for a period of one year next preceeding the first publication of the attached copy of advertisement; This 2nd day of February,. 1960. and affiant further says that he has neither paid nor promised any person, firm or corporation BOARD OF COUNTY COM - any discount, rebate, commission or refund for the purpose of securing this advertisement for MISSIONERS OF INDIAN RIV-1 publication in the said newspaper. ER COUNTY, • FLORIDA Sworn to and subscribed before me thhiis__-__ ____ y of ___ �SJ�%_______ A. D. _-____L-1-4-4 By; Robert W. Graves, - Feb41960 Chairman (Business Manager) (Clerk ofa''ihe Circuit Court, I*dian River County;`-1Qrida) (SEAL) 1 u 1 lands had been used for more than 5 years for agricultural purposes. Upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, Mrs. Warrenburg's affidavit was approved for the above two pieces. The third affidavit wad made by Kathryn M. Rivenbark having Power of Attorney for Luke R. Ribenbark for the following: NW4 of SE -of NE''- Less Lot 164.5 Ft. E & W by 137.5 Ft. N&S in NW Cor Sec. 11, Twp 33, Rge 39. Mrs. Rivenbark was not present but it was determined that this land had been used for more than 5 years for agricultural purposes. .Upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried; Mrs. Rivenbark' s Affidavit was approved. The fourth affidavit was made by Otis G. Welch for the following: Tract 1625 and Tract 1626, Fellsmere Farms District. Mr. Welch was not present but it was determined that this land had been used for more than 5 years for agricultural purposes. Upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, Mr. Welch' affidavit was approved. The Attorney had prepared a Resolution accepting the list as prepared by the Tax Assessor and as supplemented at this meeting, and upon Motion made by Commissioner McCullers, seconded by Commissioner Hamilton and unanimously carried the following Resolution was adopted: RESOLUTION WHEREAS, on the 6th day of October, 1959, thi s Board did, under the provisions of Chapter 59-226, Laws of Florida, adopt a resolution for the purpose of zoning all lands in Indian River County, Florida, within th meaning and for the purposes set forth in that chapter; and, WHEREAS, pursuant thereto, the County Assessor of Taxes did certify to this Board a list containing the legal description of the lands so zoned; and, WHEREAS, after due notice, a public hearing was held, at which time this Board did examine the list and classification of lands submitted by the Assessor and did make such reclassification as was appropriate and just after hearing all citizens and parties in interest; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the list and classification of lands sub- mitted by the Assessor as supplemented and amended at this meeting of this Board are the lands in Indian River County, Florida, zoned for agricultural lands for tax purposes. 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 '� s� ---- in the matter of --- __ _________�_._y. -f��0----------- in the lished in said newspaper in the issues of Court, was pub- 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. 1 Sworn to and subscribed before me this -- ----- ' 1 �Q.--- f�- day of ___ -___._ A. D. (Business Manager) the Circuit Court, Indian River County, (SEAL) CI!{1 �tt:J NOTICE OF PUBLIC HEARING The Board of County Commis- sioners' of Indian River County, Florida, will on the 16th day of February, 1960, at 10:00 o'clock A. M. in the Board of County Com- missioners' Room at the Indian River County Courthouse, Vero Beach, Indian River County, Flor- ida, consider granting an exclusive franchise to Southern Gulf Utili- ties, Inc., for the delivering and service of sewer and water services to the following described property in Indian River County; Florida, to - wit: Begin at the Southeast corner of Government Lot 4, Section 18, Township 33 South, Range 40 East, at its point of inter- section with the West shore line of the Indian River; from said point ofbeginning thence run West along the half -section line of said Section 18 and Section 13, Township 33 South, Range 39 East, to the Northwest cor- ner of the Southwest Quarter of Section 13, Township 33 South, Range 39 East; thence run South along the West boundary of said Section 13 to the South boundary of the South Relief Canal; thence meander South- westerly and' Westerly along the South boundary line of the South Relief Canal to the West boundary of Tract 5, Section 23, Township 33 South, Range 39 East (all tracts herein de- scribed are according to the last general plat of lands of the Indian River Farms Company's Subdivision as recorded in the public records of St. Lucie County, Florida, in Plat Book 2, page 25); thence run South along the West boundary line of said Section 23 and Section 26, Township 33 South, Range 39 East, to the Southwest corner of Tract 13, Section 26, Town- ship 33 South, Range 39 East; thence run East along the South boundary line of Section 26 and Section 25, Township 33 South, Range 39 East, and con- tinue East along the South boundary line of Section 30, Township 33 South, Range 40 East, to the West shore of the Indian River; thence meander Northerly and Northwesterly along the West shore of the Indian River to the point of beginning. All of said lands located in Indian River County, Florida, and comprising all of Section 23, lying South of the South Relief Canal, Sections 24, 25, 26 and the South Half of Sec- tion 13, Township 33 South, Range 39 East, and all of Sec- tions 19, 30, and the South Half of Section 18, Township 33 South, Range 40 East. Parties in interest and citizens will be heard by the Board at said public meeting, this 2nd day of February, 1960. BOARD, OF COUNTY COM- MISSIONERS INDIAN RIVER -COUNTY, FLORIDA By Robert W. Graves Chairman Feb. 4, 1960. 1 1 1 1 1 T - Cha irq in A d � f # e { a"' 1P cesent - "Ati d r q 7M regarding the proposed rfra hist- ,Mr. Sid W,611s 'with - General Tfew�r µ Corp. was recognized avd stated 'would like foie he Southern :gulf Ut t l to lessen thein r"mat d -area 4frersome di&*4*sion the 'Board read Southern. Gulf. °Utilities. ate Gen*341, Dev+elopowmt Corp..retire ,and stral*d: W out their difficulties and ihenF to ort back to 0+eii}'8oard. Mrs. Vern Whittier appeared `before the Board - and stated. they ' were having trouble with other peoples Qattlsq�'vn their -land and, on the right of 3eay and requested the County-Commissioners.vequire them tofence their lands-. The t Attorney stated that the Board did not have this authority. Red Blanton appeared before the Board and asked if the appraisal ,by Jewett had been made on the property owned by the Vrimitive Baptist Church on the new U.S. #1 R/W. The Attorney stated he.had received the appraisal .and that Jewett had appraised the;; property including that needed for right of way, the church building, etc.,for $5685:00. After some discussion in the matter the Board offered Mr. Blanton $1,000.00 for the right of way needed by the County only and then ,they could dispose of the balance of the property as they wished. Mr. Blanton stated he would have to take this offer before the church Board and would let the 'Board know their decision at the next meeting. The County Attorney gave a report on the progress of work on U. S. #1. He stated that all of the appraisal work should be completed within 30 days. He further stated the State Road department had approved the exten- sion of the Lateral Ditches to the river. On Lateral Ditch- #5 for Humphries, the State Road Department has reftwed to abandon the right of way from the Old Road to the New Road. That the'State Road Department has approved the relocation of the ditches for Eli iialker and a man !named David at North Gifford and South Gifford roads. :',That .`the Stant �R,oad Department had approved. f> the request for Deerfield Groves i.& turn*out. The matter of the extens ion�4", weral roads from the new road t®` the old road was brought up and upon i made br COnissioner WCullars, seconded by Com»ssioner.$t+ta�;i©t�tsiyarriad the 1161lw Resolution was , is&pted. , W k Y t,r a. F .-J a 40, n i f i'i y That the.'arteWAft State Road 5 . to the nes :Stats ltd .� a; iecath Secondary Road 'Program, `f sac thea' .tzurrlt year F". ' g9tate' ltd :pmarC is requested to prepare right, of way cgs x�aonsti ration plias :.; SP for such roads in ordet that it .my. receive bids. for cork- struction of these roads at the same.time bids- ara received fdr•.the con- struction -of new State Road` 5, tying' in the contracts and the bidding II'es4 that advantage may be obtained of having the aurone . contractors; tin both jobs. That the roads in question are: 1. earth Gifford Road 420 South Gifford Road 3. North WLter Beach Road 4 South Winter Beach Road S. Cemetery Road 6. Hobart Road. t II ------------------------------------------------------ The Attorney stated,that-the School Board has conveyed the right of way at the Winter Beach School and requested that the County fence the West right of way line. The Board requested the County Engineer to look into the type fence needed, how much, etc. The Chairman read a letter from Sheriff Sam Joyce requesting that the good time be taken away from Booker T. Andrew, Prisoner #13328 because of, his insolence to employees and conduct toward other inmates. Upon' Motion made by Commssioner.McCullers, seconded by Commissioner• Hamilton and unanimously approved, the request was grneted. The Chairman read a letter from Judge Miles B. Mank requesting the Board approve an advance in the sum of $8090Q,, to Juvenile Counselor Tbm Williams so that he might.attend the Little :White House Conference with. Governor Collins on Childrenand Youth. Upon.,Notion`made by Commissiokier, Waddell, seconded by Commissioner McGullers and.'unsn mously~carried, this request was granted The Chairman reade ter from the . Sebastian Inlet DistxUt� $ivf their rec mmendations for a abridge across thh iatlet. I F kr Sheriff Sam Joyce, mppea rt sd 'before the, Al card Anda s�toiOpt*Na� �, from Vero -Sheet -Metal CO iii building. Din Matin .=A& u■I s 4 ,� s, las over McCullert and udan%sotsly 4etried, the estate as pteseuted by Sheriff Samoyce was 'ap#toved. Ith& requested that he proceed to. have the jail roof repaired. , Attorney Cory Walker represefting Southern Gulf Utilities reappearred before the Board and stated :that his clients and the General.Development Corporation had come to an agreement on the 'boundartea o€ their franchise area,'and requested that the Board approve same for Southern Gulf Utilities. Upon Motion made by Commissioner Macdonald, seconded by Commissioner Mc - Cullers and unanimously carried, the following franchise was granted to Southern Gulf Utilities t RISOLUTION BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTIM I This Resolution shall be known and may be cited as -the "Southern Gulf 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- vision of the State of Florida. (b) "Company" is the Gratee of rights under this franchise, that is, the Southern Gulf Utilities, Inc., a Florida corporation. (c) "Board" is the Board of County Commissioners of the County. (d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (e) "Territory" Beans the area located in Indian River County, Florida, outside the corporate limits of any municipality a d described hereiq„ as the same i more parrt t�� arly de f tied ,; _ (f) "Water System* shall "an and include any real estate, attachments,,fixtures, impounded water, wafter mains, laterals, 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 c''' cti ohnwith the obtaining, treatment, supplying and distribution of water to the public for human consumption; fire protection, irrigation, consumption by business or industry and without LAW OFFICES limiting the generality of the foregoing, 'shall embrace all CORNELIUS T. WALKER I 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. (g) "Sewer System"; is any plant, system, facility or property used or useful or having the present capacity for the future use in connection with the collection, treatment, purification or disposal of sewage and sewage affluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals;, and all necessary appurtenances and equipment and shall include all property rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation 11 thereof. SECTION 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 maintain the necessary lines, pipes, mains and other appurtenance 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 otherlawful purposes and subject always to the paramount right of the public in and to such public places. CT' CiL l31.I6 The territ r in which this ,franchise shah. be applicable, ' Is all that part of "ihdian River Cp"Florida, l t�ted:rti�it� the following described,. 1 _• 9 ry * tot -sr t- 3 s LAW OFFICES ' colt"" us T. WALKER .►IID S6tlf. � k S %.� t o !!!O M M...RLORIbA s 44 LAW OFFICES CORMELtUS T. WALKER PROPSMIONAL BLDG. VERO BEACH. FLORIDA Begin at the S,erthaaa` t, Voraor" of, Gove o ent Lot .4 Section 1S, Towaaship S veth Range' 40 East, at Its point :of latirsectiolcuitik the Vilest share. lite sof. the • - • Indian River; from said point of beglihin thence run ' West alongthe.' halfrs4ction line of said ®ct.ion -18 And Section 139 Township 33 South, Range 39 East, to the Northwest corner -of the Southwest ,Quarter of Sec- tion 13 Toiwnship 33' oath, Reap 39 Elast; thence run South along tki °-epan st bd&Zy of said Se;tion :i3 to the South boundary of. the South Belief! Canal; thence meander Southwesterly.: and ldesterly along the S'oath boundary line of the South Relief Canal to the test boundary of Tract 5, `rection Z. Township 33 South, ' Range 39 East (all_ tracts herein described are according to the last general plat of lands of the Indian River Fara& GoMpanp's Subdivision as recorded in .the- public records of St. Lucie County, Florida, in. Plat Book 2, page 25); thence run South along the West boundary line of. said Section 23 and Section 20, Township 33 S etth, Range 39 East to the Southwest corner of Tract 13, Section 26, `township 33 South, Range 39 East; thence run East alongg the South boundary Ila* of Section 26 and Section 25,. Toeasship 33 South, Range 39 East, and continue East along"the South boundary line of Section 30, Township,.33 South, Range .40 East, to the S outbwest corner of Government Lot 3, Section 29, Township 33 South, Range 40 East; thence North along the West boundary thereof 660 feet ; , thence East to the West shore of the Indian River; thence meander Northerly and Northwesterly along the Nest shore of the Indian River to the point of beginning. In the event General Development Utilities, Inc. applies to the Board of County Commissioners of Indian River County, Florida for a crater and sewer franchise as Ito the South Half of Sections 26, 25, 30 and 29 above described; Southern Gulf Utilities, Inc. agrees tQ_relinquish its franchise as to the Southwest Quarter of Section 26, the Southeast Quarter of Sec- tion 25 and the Seth Half of Sections 29 And 30 above described for the purpose of.allowing a water -and sewer franchise to be granted to General Development Utilities, Inc. Provided that if Southern Gulf Utilities, Inc. is actually serving with installed installations and/or transmission lines anj part of the South- west Quarter of Sect't oit s the Southeast quarter of 'Section 35, and the South Half : of, Sect'iens 29 and 30 above described at the time of the application bei General Development utilities, Inc.; I I Southern Gulf Utilit eti,11609 shall not be required to waive its franchise as to said areas act4illy being ierviced. 4,. 1. Burin ,-,the life 4f •- glia - The Companyr .%ha11.. at.:. all t .i MAS.. 9>u " franchise be subject to all liwful e' -X of the' police power •. and` regulatory authority of the :County anis ,to ;such regulation'„. , as the County shall hereafter by vesolution provide, SECI It is ' expressly understood and agreed by and between. the Company and -the County that the Company shall save the County' and members of the Board harmless from any loss sustained by the County on account of any suit, judgment,.execution, claim or demand whatsoever resulting .from ne§ligence on the part of the Company in the construction, operation or mkintenance under the terms of this franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence on the part of the Company may be prosecuted directly by such person against the Company as if no governmental 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 demand. SCINVI_I 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 is hereby 'reserved to the County to adopt,in addition to the provisions herein contained and, existing applicable resolutions 'or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vosted in said County, provided that such ` regulations shall be ;re$s *able and not in conflict ' with the rights .herein, .granted ,,and not in conflictwith the Taws of the State 'of Florida. The C+rtfr stall have the , right to supervise all construction or not " t pk-1 parfbr�e :ate, to< LAW OFFICES Mr ` CORNELIUS T. WALKER PROFtiYN?NAL 9LD6. YERO REACH. FLORIDA 3,` n e x LAW OFFICER CORNELIUS T. WALKER PROFESSIONAL BLDG. VERO REACH. FLORIDA , 401 t � make such inspections as ti shall find necessary to•insure compliance with all govextiiho regulations. Upon the termination of -this franchise, the Company grants to the County the right at the election of the County and upon payment of in amount as ,hereinafter provided topurchase 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. to 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 the granting of this franchise that said municipality is herewith granted the right,"power and authority .to acquire all the property, asset's 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. SEC110 VIII All the facilities of the Company sta 11 be constructed only in accordance with plans and specifications approved by the State Board of Health of the State of Florida and the quantity 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 *ater 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-;cawisumer* The Company shall at any time when requ"ted by _*�-c� diner make a test of the accuracy of i any meter; prier, hoer,; ,t©` a it*at beim made by, the Company, the sum of Five Do ars..(45,.60) small be deposited with the h � "% Company by the party requesting such teat.. Such sum shah be returned if the test shows the meter to be inaccurate in its delivery. Whenever it is necessary to shutoff or interrupt', ; • service f or the • purpose of making repairs -or installations, ih;e 1 Company shall do so at such timd1 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. (a) The Company shall have the au -b ority to promulgate such rules, regulations, terms and conditions covering the conduct 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 County Commissioners, can request said Board that a group of arbitrators be appointed, and such group shall consist of: 1. County Engineer 2. Company Engineer f 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 Voard may have, with respect to this franchise, can be appealed to the Circuit Court of Indian River County by either party.' LAW OFFICES r CORNELIUS T. WALKER PROFld88fOHAL ®LDO. r �',: VERO BEACH, FLORIDA �i b>�. Air i All pipes.. mains, ''y'dranta,, valves ' and other f fixtures laid or•placed by the Company shall be so located in the public'' � places in the County so 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. r use of any street, alley or other highway where the paving or surface of the same mould'`be disturbed. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall 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 said work was commenced and shall maintain the restoration in an approved condition for a period of 'one year. In they event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change iany 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; A provided, however, in the event of this termination of easement, the person requesting such termination shall pay to the Company, in advance, its costs of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten feet in width for the benefit of the Company and its facilities. SE CT LION-, XI The Company shall not ts- to rates,; charges, service r .' At l facilities, rules, regulations or in any other respoct Aake or, grapt.any preference or advantage to any person nor subject any person .to 4ny. pre judice or disadvantage, provided that. nothing' �- herein shall prabiblt the establishment of• a graduated scale,* of charges and classified rate; sche'aulea to which any consumer coming within such classification would be entitled. SECTION XII (a) The;Company shall furnish, supply, install and make . e 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; 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 serviced 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 set 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 hereinbefore 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 LAW OFFICERservices, including a fair rate of return on the net. vil anon CORNELIUS T. WALKER PROF�MlflONAL ®LOO. . VERO REACH. FLORIDA _.,e.�. 1 1 �d.Y1w1F•.n `: a P } -L'42'. .b.JF$'4� �nrc1 ..1 :. 0 LAW OFFICES PORNELIUS T. WALKER MOM"10WAL Ot". Y6R0 BEACH. FLORIDA of, its property devoted tt�* reto under efficient :and economical manigement The burden of ahowing that a prospective service to the area is not' financialyT feasible shall 'be the burden of the,* Company. E SECT ION XIII,. - r 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 effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of . such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, this franchise shall not be 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 proposedtransferee, which application shall contain information concerning 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 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. The consent by the Board to any assignment of this franchise shall not unreasonably be withheld. SECTIONXVV The rates charged; by the tgxpany for its service hereunder r i shall be fair and re as on le :and delsigoed oto meet all necessary costs of the tervido, "iri�lng° ai fain carte of return on, the net valuatioirt :of its ptkopetrt *" devoted tYrere' o under efficienttv and k 9 , Aui z sRO ecopomical management. The Company agrees that it shall be subjeLct. to all authority now or hereafter possessed; by the. County or any other, regulatory body ;having competent. jurisdiction to 'fiat ;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, towit MONTHLY WATER RATES First 3,000 gallons $2.97 minimum per month Next ;61000 gallons @ .54 per each 1,000 gallons Next 69000 gallons @ .47 per each 1,000 gallons Next 25,000 gallons @ .405 pereach 19000 gallons lext 359000 gallons @ .338 per, each 1,000 gallons Over 75,000 gallons @ .27 per each 1,000 gallons WATER 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 up to 4,000 gallons per month Thereafter, add thereto water rate for each additional 19000 gallons billed monthly as set forth in above schedule. WATER RATES - MULTIPLE 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 CONNECTION CHARGES LAM 6FFICES CORNELIUt T. WALKER PROFESS16MAL BLDG. YERO BEAN. FWRIDA In addition to the above, the water connection charges for pereonse other than persons using existing private systems, as distinguished from pr- vate wells, at the time of the initial oonnection, shall ,be the sun of $215 -100 - in addition to the above rates. MONMY SEM EL Single family dwelling: One bathroom $3.50 flat rate Each additional bethraom .50 flat tate !' Duplex (with one master uster for ojj_VjdtsjL Each duplex S.DD flat rata Each additions] Ove3'X50. flat Vitt a; i Duplex (where sopa *e "*►ter motors a►re"ted Single fanily;vft�r., ,ae1PaT Title v<:tiy r r # '° • �° °�Y x 3 t � x ""fix,' � y r ,� 4 �y7R 5/8 inch meter $15.00 2 inches and over, cost but not 3/4 inch meter 35.00, less than $250.00 1 inch meter 65.00. Turn on service 1.00- 1-i inch meter 100.00- Reconnection charge where 4 inch meter 160.00. service was terminated for non-payment of monthly charge 2.50 Guarantee deposit for 3/4 inch 'service (returnable)' 10.00 Guarantee deposit for 1 inch service or larger (returnable) .15-00 LAM 6FFICES CORNELIUt T. WALKER PROFESS16MAL BLDG. YERO BEAN. FWRIDA In addition to the above, the water connection charges for pereonse other than persons using existing private systems, as distinguished from pr- vate wells, at the time of the initial oonnection, shall ,be the sun of $215 -100 - in addition to the above rates. MONMY SEM EL Single family dwelling: One bathroom $3.50 flat rate Each additional bethraom .50 flat tate !' Duplex (with one master uster for ojj_VjdtsjL Each duplex S.DD flat rata Each additions] Ove3'X50. flat Vitt a; i Duplex (where sopa *e "*►ter motors a►re"ted Single fanily;vft�r., ,ae1PaT Title v<:tiy r r # '° • �° °�Y x 3 t � x ""fix,' � y r ,� 4 �y7R multiple units 43 it .44tre 1'iiiag units): iith'separst rater: reties look suit; $3;50 flat rate,' Back additiia' al 'both over -on* .ski flat rata With muster eater motor for more than ors unit 7Sx ,'of water rate . Commercial - 75% of water tate In addition, for persons•other than persons using private systems. septic tasks excepted, a sewer service e•ueection charge of $400.00 shall be repaired for service to the property line for seek connection at the time of tie initial coonectiou. SECTION XT The County shall have access at all reasonable hours to all of the Company's. pains, contracts, engineering date, accounting. financial* statistical, consumer and service records relating to the property and the operation of the Company and to all other records riqalred to be kept hereunder, and it shall file such accounting reports and data with the County when required. SECTION XTI The Company stall at all times maintain public liability and property damage insurance In such amounts 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 th general public and for any liability which may result from any action of the Company. If, any person serviced by the Company under this fraichise complains to the Board ceneorniag the rates charges and/or oporatiens-of such utilityiaad the Company. after 11 w LAW OFFICES is CORNELIUS T. WALKER � 1R01[s6IONAL BLDG. VERO BEACH. FLORIDA s � i x F_: 4,.,«. a..'3`r}'�'.e�e �•h., I U..d., r.L,a.�'� �-'t_t .-_.'�L�'.YJ... '.:e.., e..2t .G..a_..... rra.sir.4..' request is made upon it by the Hoard, .fails to satisfy or remedy such complaint or` objection or fails to satisfy the Boirdtat; said complaint .or Objection is not proper, the Board may thereupon, after due noti ce to such utility, schedule a hearing concerning such complaint or objection and tie 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, of 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.XMII Should the Company desire to establish sewer 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 determinedby 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 may seek review' of the Board's action by proceedings in the Circuit Court of the County, SSE CTION XVI I Prior to the Company placing any of its facilities in'' LAY OFFICES any of the public places as herein 'authorized, the Cornpan *hall CORNELIUS T. WALKER PROMS' 10NAL BLDG. VERO BEkCH• FLORIDA 12 y, J 1, .. F SS Y mace application to and o t In a permit frcbm the. .CoWitIy gagineer authorizing said construe i6n inithe same. Manner as permits are authorized in " the County or the use of the public roads ' as shall - now or hereafter be "establi-shed by regulations of the County... . The County shall have the r3.ght when special,circumstances exist to determine the time in'ii&' Ich, such construction shall. be done. ACTION XIX If the Company fails or refuses to promptly and faithfull keep, perform and abide by each and all of the terms' and conditi of this franchise, then the,Board shall give the Company written notice of such def iciencies`'or defaults and, a reasenable time 1 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 heard, 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 aggrievedby such order, the utility or such other person may seek review of the . Board's action by proceedings in the Circuit Court of the County. gF..CTIgN XX._ 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 avch water user shall be at liberty to secure its water from such souree or sources as it might desire. This franchise shall exempt and except therefrom any public agency producing wat*sr for,aresale at whole tale. Nothitg in this franchise shall pravont l d*me rs from exorcising their vested LAW OFFICES 6. ORNELIUS T. WALKER ?ROMOSIONAL BLDG. i - VIM 39MM. FLORIDA01 x j y 3 F k j .. _., .., i?t :*t,�:iii`{dka_✓.�i-'8�➢Rii'.,a�..�•'.'u$'ux.�teh.WwSC- - `fie vci;" s rights to pump water, for their own base,' nor shall thOriparian a.nd ,other wathr rights of `landcxmers be in any way impaii0i reduced or affected by virtue' of 'this franchise.. ' This franchise • shall not limit or restrict =any person now.or,hefeaifter owning or occupying any premises now serviced with water from',continuing to receive such. seiVices and purchase water from any person; provided, however, if such owner• or . occupant ;requests services.: end purchases water from the Company, then the provisions of this franchise sha4l apply to suchowner or occupant or the land involved and the above rights with respect to such owner or occu- pant shall': cease •arid terminate. Thio franchise shall'not affect, lirrl-t or restrict the rights or privileges as set f ortb and .contained in any license issued to any utility heretofore granted by the Boaid pursuant to Section 125.42, of the Florida Statutes, SECTION-XX LAW OFFICES CORNELIUS T. WALKER PROFIIB.IONAL BLDG. VERO SEACN. FLORIDA The franchise and rights herein granted shall t-ake 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 s the time specified, then the provisions of this franchise shall be null and void. SECTION: XACLI If any word, section, clause or part of this resolution is held invalid,.such portion shall be deemed a separate andl independent part and_the same shall not invalidate the remainder, IN WITNESS It REOF the Boavd,,'of County Comiss oner's of Indian River County, F orlda hers 'caused this franehiq� ,tin; be. y a } - „ ray y F ",'-�'�, LAW OFFICES CORNELIUS T. WALKER PROMOSIONAL Dun. VERO BRACH. FLORIDA r: executed in the,, -,name of the. tb tty<of Indian liver by the Chairman of the Board of County Commissioners, and its seal to be affixed •.acid •attested by its Clerk, all pursa int- to the resolution of the Board of County Commission3a rs adopted on the _ day of ,,,.. _._._s. ADD, 1960, CGUN'TY OF IRIDIAN RIVER, FLORIDA Signed, sealed and dblivered in the presence of: BrQ � �,4 _ Ai Chairman of the Board of -S J C oun ty C ommi s s i one rs Attest: s. ale rk x �+ � � fx' S.r M d± � H ! �� �'' � � ,�;t Y.y �." i a •+^ ` :" S . i!Tl-F`� MAL t ��y L`x• SOUTHERN GULF UTILITIES , INC. I('G�brporate' Seal) Byli'.c� President Atte t Its Secretary -Treasurer STATE OF FLORIDA COUNTY OF DADE I, an officer authorized to take acknowledgments of deeds according to the laws of the State of `Florida, duly qualified' and acting, hereby certify that NORMAN DAVIDSC:N and WILLIAM SIEGEL, respectively as President and Secretary -Treasurer of Southern Gulf Utilities, Inc,, 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, handle and official seal at Miami, Dade . County, Florida, this _.1,°�....: day of -tea?., 1960. Notary P lic, St to of Florida at large. My Commission expires:, Notary Public, State of Floride apt targe My Gommiseion Expires Sept. 1. 1963 8ottdwtd Dy AmeMen SUr*ty CO- Of ir. 1f. w LAW OFFICES CORNIELIUS T. WALKER PR6FZ8990NAL BLDG. VERO SUCH. FLORIDA sz.a STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) On the 1j� — day of r -A 4 19/Q before ale, a Notary Public ia"and fo the State of Florida, personally and; appeared 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 Commissioners. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year last above written. (SEAL) LAW OFFICES CORNELIUS T. WALKER PROFESSIONAL BLDG. VERO BEACH, FLORIDA tary Public. St to of Florida at large. My commission expires: The Chairman read the recommendation of the Planning & Zoning Board that a public hearing be held for a rezoning of Tracts 3, 4, 5, 6, 11 and 12 in Sec. 35, Twp. 33 S, Rge 39 East from R-1, Single Family District.to C-1 Commercial District, provided that construction of horse racing fac- ilities shall begin within six months from the zoning change and be com- pleted within one year, and if not done the zoning shall revert to its former status. The County Attorney told.the Board that Mr. Forney had called and requested that the Board hold up any action on this because be had received notice that this property had been put up for sale as Comm- ercial property. No action was taken. The Chairman read a letter from the Roseland Woman's Club concerning the parking of cars in the park adjacent to the Community Building and the erection of a new community pier and boat ramp. After some discussion the Secretary was requested to write the Roseland's Womans Club explaining that the Board has no funds for the construction of selective recreational facilities such as a new pier and launching ramp at this time and regrets_ that this request can not be complied with. Also that the Roseland Womans Club as custodians of building and park facilities must solve their own parking problems to the best advantage of all concerned. There being no further business the Board then adjourned.