HomeMy WebLinkAbout12/19/1961ji_, 7
TUESDAY, DECEMBER 19, 1961
The Board of County Commissioners of Indian River County,
met at the Courthouse, Vero Beach, Florida, in a regular meeting
held at 8:00 o'clock, A. M., Tuesday, December 19, 1961. All members
were present. Also present were Ed Schmucker, County Engineer; John
Gould, Attorney; Al Webber and Freda Wright, Deputy Clerks.
Russell Burks appeared before the Board and submitted plans
and information with regard to Water and Sewer Franchise. After some
discussion and upon Motion made by Commissioner Macdonald, seconded
by Commissioner McCullers, and unanimously carried, the following
Resolution was adopted.
53Z
RESOLUTION
BL I1 RES0LVJ By the -Board of County Commissioners of
Indian River County, Florida:
SECTION 1
This resolution shall be known and may be cited as the
"Russell Burks, Water and sewer Franchise."
SECTION 2
For the purpose of this resolution, the following terms.'
phrases, words and their derivations shall have the meaning given
herein. When rot inconsistent with the context, words using ttce
present tense include the future and vice versa; words in the
plural number include the singular and vice versa. The worn
"shall" is always mandatory.
(a) "County" is Indian River County, a political suu-
division of the State of Florida.
(b) ''Company' is the grantee of the rights under thio
franchise, that is Russell Burks.
(c) "Board" is the Board of County Commissioners of
the County.
(d) "Person" is any person, firm, partnership, associ-
ation, corporation, company or organization of any kind.
(e) "Territory" means the area located in Indian River
County, Florida, outside the corporate limits of any munici-
pality as the same is more particularly defined and described
herein.
(f) 'Water System" shall mean sed include any real-
estate;, attachments, fixtures,• impounded water, water mains,
laterals, valves, meters, plant, wells, pipes, teams, reservoirs,
fire hydrants, 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, supply-
ing and distribution of water to the public for human consumption,
fire protection, irrigation, consumption by business or
ledustry and without limiting the generality of the foregoing,
shall embrace 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 tiie
op3ration 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, •purl-
ficati.on or disposal of sewage and sewage effluent and residue
for the public and without limiting the generality of the
foregoing definition shall embrace treatment plants, pumping
stations, intercepting sewers, pressure lines, mains, laterals
ani: 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 eperateoe
thereof.
SECTION 3
Thera is hereby granted by the County to the Company tole
exclusive franchise,right and privilege to erect, construct,
operate and maintain a water system and a sewer system, either
er 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
appurtenances necessary therefor in, along, under and acr.....
Book 7 PA 41.533
II
NW' 7 PAGE534
the public alleys, streets, roads, hi6hwa3s and other public
places of the County: provided, however, that the County
reserves the right to permit the use }3 such public places for
any and all other lawful purposes and subject always to the
paramount r:.ght of the public in and to such public places.
SECTION 4
The territory in which this franchise shall be appl ..cable
is all that part of Indian River County, Florida, located within
the following described boundary lines, to -wit:
All of South West quarter of Section 22
Township 32 S. Range -39
SECTION 5
The Company shall at all times Suring: the life of his
franchise be subject to all lawful exercise of the police power
and regulatory authority of the County and to such regulation as
the County shall hereafter by resolution provide.
SECTION 6
It is expressly understood and agreed by and between the
Company and the County that the Company shall save the County ai:u
a:iembers of the Board harmless from any loss sustained by the
County on account of any suit, judgment, execution, claim or
demand whatsoever resulting from negligences on the part of the
Company in the construction, operation or maintenance under the
terms of this franchiSE. The parties agree that In the construc-
tion of this section, the claim of any person resulting; froru
negligence on the part of the Company may be prosecuted directly
directly by such, person against the Company as if no governmental
immunity accrued to the County by virtue of the Company's use
a public plAce ai the County. The County shall notify the Com -n.
promptly after presentat.4on_of any claim or demand.
SECTION
The Company shall maintain and operate its plant and
system and render efficient service in accordance with the rules
ane 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,
_n addition to the provisions herein contained and existing appli-
cable resolutions or laws, such additional regulations as it
shall find necessary in the exercise of the police power and
lawful autheri;;y vested au said County, provided that such
regulations shall be reasonable and not in conflict with the
rights herein granted and not in conflict with the laws of the
State of Florida. The County shall have the right to supervise
All construction or installation work performed and to make such
Inspection as it shall find necessary to insure compliance with
;all governing regulations. Upon the termination of this franchis
Lao Company grants to the County the right at the election of the
County and upon payment of an amount as hereinafter provici.;a
to
,,urchase and take over the property of the Company. The amount
o be paid by the County to the Company shall be the actual then
. fisting value of all real and tangible personal property of the
empany. In the event any part or all of the territor,; covered
:;= this franchise shall be hereinafter incorporated in the limits
:;f 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
right, power and authority to acquire all the property, assets
dee faciliti.es of the Company used in its services under this
franchise. The amount to be paid by the city to the Company shall
ee determined under the law of the State of Florida provided in
e^sinar t domain proceedings.
SECTION d
All the facilities of the Company shall be constructee
only ed accordance with plans and specifications approved by the
State Board of Health of the State of Florida and the quantity and
;uttlity of water delivered and sold and the manner of collection
a,d disposal of sewage shall at all t Imes be and remain not
inferior to the rules, regulations ane standards now or hereafter
aueaby the State Board of Health. The Company shall supply
all water through meters which shall accurately measure the amount
-4-
LAW OFFICE
JOHN R. GOULD
eook 7 PAcE535
VERO BEACH, FLORIDA
MK 7 ,",m13
ol water supplied to any consumer. The Company shall at any. time
when•requested by a consumer make a test of the accuracy of any.
meter; prior,howe'rer, to any test beins made by the Company, the
party requesting such test shall deposit with toe Company tne
sum of Five Dellars ($5.00). Such sum shall no returneu tne
test .shows the meter to be inaccurate is Its delivery ei
than 3%. Whenever it is necessary to s.iut eft -r istarrust
services for the purpose of makin repairs or installations, tne
Company shall du so at such time as wSil cause the least amount
of inconvenience to its consumers and usiess suer repairs are
unforeseen au immediately necessar, It shall give reasesable
sotice theresl to .ts consumers.
SECTION 9
a. L oempahy shall nave the ascsorst.y to 2romsagate
sues rules, resulations, terms and ocnsitsons esversis„; ti- condaoL
of its buss:us:3s as shall Le reasonabl, secessar:, tc enable tss
Company to exercise its rights anu per1er.1 its 'sbli6ations under
this francntsa, and to issue ari uninterrusted 1331:V..CO to suci.
and all of ts consumers; provided, ,Acw•JvJr. tsat sues rules,
regulations, terms and conditions shail not be conflict dith
the provisions hereof or with the laws of ti1 State e Florida
and all of the same shall be subject to the ap,roval of the Coors.
b. At all times herein where discretionary power is left
with the Board of County Commissioners, the Company, before dis-
cretionary 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
3. One person selected by the above two persons
This Board of Arbitrators shall make recommendations to
the Board of County Commissioners but such recommendations are
LAW OFFICE
01105•0
JOHN R. COULD VERO BEACH, FLORIDA
not mandatory.
Any final decision the arbitrators or Board may have, with
respect to this franchise can be appealed to the Circuit Court
of Indian River County by either party.
SECTION 10
All pipes, mains, hydrants, valves and other fixtures
laid or placed by the Company shall be so located in the public
places in the County as not to obstruct or interfere with any
other uses made of such public places already installed. The
Company shall, whenever practicable, avoid interfering with the
use of any street, alley or other highway where the paving or
surface of the same would be disturbed. In case of any disturb-
ance 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 commended and shall maintain the restoration in an approved
cella Alen for a period of one year. In the event that any time:
tb. Ceurity shall lawfully elect to alter or change the grade of
er relocate or widen or otherwise change any such public way,
tie Company shall, upon reasonable notice by the County, remove,
relay and relocate its fixtures at its own expense. The Company
s ;ali nut 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 termination
;Miall pay to the Company, in advance, its costs of rer.uoval aid
relocation of the removed facilities in order to continue its
- 6 - AMOK I .m-7
LAW OFFICE JOHN R. COULD
VERO BEACH, FLORIDA
CM 7 nuns
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.
SECTION 11
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 schedule to which any consumer coming
within such classification would be entitled.
SECTION 12
a. The Company shall furnish, supply, install and mae
available its public water system and its public 'ower systm to
any and all persuns within the territori making demand tnerefor,
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 demandin
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 the only area set forth, defined and provided by the
Board and the provision 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-
inafter set forth, unless the same may be done at such a cost
LAW OFFICE
JoHrrackto
VERO BEACH, FLORIDA
•
to the Company as shall make the addition proposed, financially
and physically feasible. Financially feasible shall mean that
with a fair and reasonable rate to be charged by the Company for
all the services under this franchise and that such rate will
produce to the Company a sum sufficient to meet all necessary
costs of the services; including a fair rate of return on the
net valuation of its property devoted thereto, under efficient
and economical management. The burden of showing that a prospectiv
service to the area is not financially feasible shall be the bur-
den of the Company.
SECTION 13
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, assifnee or lessee has filed with the Board an instru-
ment In writing reciting the fact of such transfer and accepting
the tcrias of this franchise and agreeing to perform all of the
conditions thereof. In any event this franchise shall not be
transferrable an assignable until notice or request for transfer
aria asci2:nrrent s:gall be given by the Company to the Board in
writing, accompanied by a request from the proposed transferee,
,which appl cation snail contain information concerning the finan-
cial status and et n.vr qualifications of the proposed transferee
and auci1 other information as the Board may require. A public
hearing shall be hold 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 preceeding 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 Board will, however, approve or disapprove said sale
or transfer within ninety (90) days from the dateof said public
LAW OFFICE JOHM'R.aOt tD �PDi BEACH} Fl 39
hearing. The consent by the Board to any assignment of this
francise shall not unreasonably be withheld.
SECTION 14
The rates charged by the Company for its service hereunder
shall be fair and reasonable and designed to meet all necessary
costs of the service, including a fair rate of return on the net
valuation of its properties devoted thereto under efficient and
economical management. The Company agrees that it shall be sub,jec
to all authority now or hereafter possessed by the County or any
other regulatory body having competent jurisdiction to fix just,
reasonable and compensatory rates .When this franchise tares
effect, the Company shall have authority to charge and collect
not to exceed the following schedule of rates, which shall remain
effective until changed or modified as herein provided, to -wit:
First 3,000 gallons $:3.00 Minimum per month
All over 3000 gallons at the rate of 500 per 1000 gallons
WATER CONNECTION CHARGES
Connection charge shall be $165.00 plus the below schedule.
Meter Size Tapping Fee
5/8" $65.00
1 inch 115.00
1 1/2" 210.00
2" and over Cost, but not less than
Refundable deposit on 2 -inch meters and
Turn -on service -- $1.00
Reconnection charge where services were
non-payment of monthly charge -- $2.50
Refundable Deposit
$15.00
3u.00
60.00
$300.00
over -- $100.00
terminated for
MONTHLY SEWER RATES
Single Family Dwelling:
One bathroom $3.00 flat rate
Each additional bathroom 1.00 flat rate
Commercial 75% of water rate
In addition, for persons other than persons using private
systems, septic tanks excepted, a sewer service connection charge
of 44010 shall be required for service to the property line for
each connection at the time of the initial connection.
LAW OFFICE
- 9 -
JOHN R. ODULD
VERO BEACH, FLORIDA
SECTION 15
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 relat-
ing 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 16
The Company shall at all times maintain public liability
and property damage insurance in such amounts as shall be re-
quired from time to time by the Board in accordance with good
business practices as determined by safe business standards as
established by the Board for the protection of the County and
the €<;'e a oral public aLd for any 1 iabil ity which may result from
anaction of the Company. If any person serviced by the Company
u:.der this franchise complains to the Board concerning rates,
charges anal/or operations of such utility and the Company, after
request is made upon it by the Board, fails to satisfy or remedy
such complaints :;r objections or fails to satisfy the Board that
sal ea complaint or objection is not proper, the Board may thereupon
s
ter due got _ce to such utility, schedule a hearing concerning
sues_ cvrapla.Lnt or objection and the Board may review the rates
ani c arges set and charged by the Company for the services which
furnishes or the Nature and character of the service It furo-
;ih S or the gsa.L ty or services furnished. If the Board enters
its order pursuant to such a hearing and the Company feels It Is
ag by such order, the Company may seek review of the Board
action by proceedings in the Circuit Court of the County; other -
the Compaq y shall promptly comply with the order of the
Board.
- 10 -
BOOK 1 PAGE 541
LAW OFFICE JOHN R. GOULD VERO BEACH, FLORIDA
SECTION 17
000k rAcE542
Should the Company desire to establish sewer rates and
charges or should the Company desire to increase any charges here
tofore established and approved by the Board, then the Company
shall notify the Board in writing, setting forth a schedule of
rates and charges which it proposes. A public hearing shall be
held on such request, of which notice shall be give by publ-
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. The
Board will, hakever, approve or disapprove said increase in rates
within ninety (90) days of said public hearing. If the Board
enters order pursuant to such hearing and the Compay or any
person feels aggrieved by such order, then the Company cr such
person ma:; seek review of the Board's action by proceedings in
the Circuit Court of the County.
SECTION 18
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 nngineer
authorizing said construction in the same manner as permits are
authorized in the County for the use of the public roads as shall
now or hereafter be established by regulations of the County. The
County shall have the right when special circumstances exist to
determine the time in which such construction shall be done.
SECTION 19
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
LAW OFFICE 10/1 R. GOULD VERO BEACH, FLORIDA
Compa►y fails to remedy such deficiency or default within the
time required by the notice from the Board, the Board may there-
after 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 hereby are found by the Board.
If the Board enters order pursuant to such hearing and the Compan
or any other person feels aggrieved by 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.
SECTION 20
Any person using in normal average consumption more tan
100,000 gallons of water per day shall not be required to deal
with the Company but any such water user shall be at li;.lrty to
secure its water from such sources as it might desire. This
franchise shall exempt and except therefrom any public agency
producing water for resale at wholesale. Nothing .n this franchis
shall pretreat landowners to exercise their vest..d rights to pump
water for their own use nor shall the riparia, 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 occupying any
premises now serviced with water from continuing to receive such
services ar.d purchase water from any person, provided, however,
if such owner or occupant requests services and purchases water
from the Company, then the provisions of this franchise shall
apply to such owner or occupant or tha land involved and the
above rights with respect to such owner or occupant shall cease
and terminate. This franchise shall not affect, limit or re-
strict the rights or privileges as set forth and contained in any;;
license issued to any utility heretofore granted by the Board
pursuant to Section 125.42, Florida Statutes.
-12-
KHN R. GOULD
LAW OFFICE
eoolf 7 PACE543
VERO BEACH, FLORIDA
100E 7 fAcf544
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 provide further that if such acceptance is not filed within
the time specified, then the provisions of this franchise shall
be null and void.
SECTION 22
If any word, section, clause or part of this resolution, is
held invalid, such 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 India,: River by the Chairma
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
December , A. D., 1961.
19th day of
COUNTY OF INDIAN RIVER. FLORIDA
ty Attorney
IOHN R. COULD
VERO BEACH, FLORIDA
•
ACCEPTANCE OF FRANCHISE
Russell Burks dues hereby accept the foregoing franchise and for
s y aid its successors and assigns, does hereby covenant and
>1: to comply with and ab:.uo by all of tno terms, conditions
a„- ,i.ov_s .o : tnere.0 set forth ai.a contained.
:ATI) atsrer .i : e3 C7; Indian River County Florida, this
L. 1).,
!/; '5 ? .
j
Russell Turks
Mr. Bolton of Rockridge appeared before the Board with
regard to access to the River and also a drainage problem that might
exist in the subdivision. He was advised that the only thing the
Board could do was adopt a Resolution to the City of Vero Beach and
asked for drainage protection and upon Motion by Commissioner Mac-
donald, seconded by Commissioner Waddell, and unanimously carried,
the following Resolution was adopted.
Upon Motion by Commissioner Waddell, seconded by Com-
missioner Macdonald and unanimously carried, the Operational Survival
Plan presented by Joe Henry Earman, was adopted by the Board.
It was moved by Commissioner Waddell, seconded by Commis-
sioner Hamilton and unanimously carried, that a Resolution be prepared
to General Sterling Wood, Keyette Club and others, in appreciation of
their help in preparing the Operational Survival Flan.
Mr. Ronnie Johnson, representing Minute Maid, asked the
Board for permission to put a gate on Oslo Road. His request was
denied.
Charles Herring,Attorney, appeared before the Board and
presented Right of Way Contract providing for Use of Secondary
Gasoline Tax Funds on A1A which was executed by the Board.
nooK 7 Pncr51-5
COUNTY COMMISSIONERS' RESOLUTION
On motion of Commissioner Waddell , seconded by Commissioner McCullers
the fol)owi.ng resolution was adopted;
WHEREAS, the State Road Department cf Florida has authorized and requested..
INDIAN RIVER County to furnish the necessary rights of way, borrow pits and ease-
m:,nt.s for that portion of Section 88070, State Road A -1-A, extending from the South Line
of Section 33, Township 30 South, Range 39 East, Northwesterly to Brevard County Line,
enox PDrE546
which has been surveyed and located by the State Road Department as shown by a map
on file in the office of the Clerk of the Circuit Court of said County, and in the
cfftce of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction of said portion of
said Section in said County until title to all land necessary for said portion of
raidsection has been conveyed to or vested in said State by said County, and said
lands are physically cleared of all occupants, tenants, fences, buildings and/or
other structures and improvements upon or encroaching within the limits cf the land
required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide the
necessary funds to acquire said rights of way, borrow pits and easements; now there-
fore, be it
RESOLVED, that the State Road Department of Florida be and it is hereby re-
quested to pay for the rights of way, borrow pits and ea;=ements for said road, in-
cluding the removal of buildings, fences and other structures and improve^ :its there-
on, and for other expenses of acquiring title to said rights of way, borrow pits and
easements by purchase or condemnation, from such funds and under such coed iti. :,rs as
are set out in the contract hereto attached; and be it further
RESOLVED, that said County, through its Board of County Commissioners, comply
with the request of said Department and procure, convey or vest in said State the
free, clear and unencumbered title to all lands necessary for said portion of said
Section, and deliver to the State Road Department said lands physically clear of all
occupants, tenants, fences, buildings and/or other structures and improvements situate
upon or encroaching within the limits of the lands required for said portion of said
Section, and that the Chairman and the Clerk of this Board be and they are hereby
authorized and directed to execute and deliver on behalf of said County to said Le-
pertment the Contract in the form hereto attached; and be it further
RESOLVED, that the attorney for this Board be, and he is hereby authorized
and directed to proceed to take the necessary steps for the County to acquire in the
name of said County by donation, purchase, or condemnation said rights of way, borrow
pits and easements for said portion of said Section, and to prepare in the name of
said County by its County Commissioners all condemnation papers, affidavits and
pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the
Lepartment the abstract search provided for in said Contract.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER S
I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution
passed by the Board of County Commissioners of Indian River County, Florida, at
meeting held the 19thday of December,1.D. 19 61, and recorded in the Commissioners'
Minutes.
IN WITNESS WHERE9F, I hereunto set my hand and official seal this 19th day
.
of December, A. D. 1.9 0.
(SEAL)
abiteMISI
a --c c. -e
CLERK OF TIIrE' BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
On Motion Made by Commissioner McCullers, seconded by Commission-
er Waddell and unanimously carried, $5,900.00 was authorized paid to Art
Karst for right-of-way on Oslo Road.
Mr. Thad Carlton Attorney, representing Mr. C. B. Moore and
Helen B. Moore, his wife, appeared before the Board and presented the
following claim.
FHAD -1. CARLTON
CARLTON & MCCAIN
ATTORNEYS AT LAW
FORT PIERCE,FLORIDA
December 19, 1961
Hon. Board of County Commissioners
of Indian River County, Florida
Vero Beach
Florida
Gentlemen:
133 N. FOURTH STREET
POST OFFICE BOX 34B
TELEPHONE
HOWARD I -x'310
I .2 31 1
As provided by Section 95.08 Florida Statutes
1959, we hereby present the claims of Mr. C. B. Moore
and Helen B. Moore, his wife, against Indian River
County, a political subdivision of the State of Florida,
for damages sustained by Mr. and Mrs. Moore as a result
of the following:
On February 4, 1961, at about 8:56 P.M. o'clock,
\r. and Mrs. Moore were riding in an automobile owned
and being driven by Mr. Homer Baucom on State Highway
60 (20th Street) in the City of Vero Beach. An
automobile owned by Indian River County and being driven
and operated by Deputy Sheriff Charles Whiteside at a
high and dangerous rate of speed ran into the Baucom
automobile with such force that both Mr. and Mrs. Moore
were severely, painfully and permanently injured. The
collision occurred through no fault of either Mr. or
Mrs. Moore. The proximate cause thereof being the
reckless and careless operation of the automobile owned
by Indian River County. The collision occurred on State
Highway 60 (20th Street) approximately at its intersection
with Buena Vista (27th Avenue) in the City of Vero Beach.
The injuries sustained by Mr. Moore as a result
of the collision are as follows:
Severe bruises, sprains and contusions to the
head, neck, arms, legs and body and fracture of the
spine, resulting in permanent injuries.
BOOK 7 PAGE547
tan 7 na-548
Hon. Board of County Commissioners
of Indian River County, Florida 2 - 12/19/61
The amount of damages claimed by Mr. Moore is
the sum of $100,000.00, which includes the sum of
`1,610.04 paid out to November 24, 1961 for hospital,
doctors, nursing, X-rays and other medical expenses
as well as hospital, doctors and other medical expenses
to be incurred in the future for the treatment of said
injuries.
The injuries sustained by Mrs. Moore as the
result of the collision are as follows:
Severe bruises, cuts, sprains and contusions
to the head, neck, arms, legs and body and fractures
of ribs resulting in permanent scars and injuries.
The amount of damages claimed by Mrs. Moore is
the sum of $100,000.00, which includes the sum of
`1,756.79 paid out up to November 24th, 1961 for
hospital, doctors, nursing, X-rays and other medical
expenses as well as for future hospital and medical
expenses to be incurred in treatment of her said
injuries.
Respectfully submitted,
CARLTON fx McCAIN
Post Office Box 348
Fort Pierce, Florida
Attorneys tor c. `A., Moore
and Helen B. Moore
THC/ akg
Upon Motion made by Commissioner Macdonald, seconded by
Commissioner Hamilton and unanimously carried, the Board accepts delivery
of the Claim.
•
VERO BEACH PRESS -JOURNAL -
Published Weekly
Vero Beach, Indian River County, Florida
STATE OF FLORIDA
COUNTY OF INDIAN
Before the uncle
on oath says that he is
newspaper published at
copy of advertisement,
1�t
RIVER:
rsigned authority personally appeared J. J. Schumann, who
Business Manager of the Vero Beach Press -Journal, a weekly
Vero Beach in Indian River County, Florida; that the attached
being a
in the matter of PL: -AS? !) _ 1 _4_._ t,
in the
lished in said newspaper in the issues of
ltit U, c�, t- ?t 1 S C..l
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 pdid-nor promised any person. firm or'corporation
any discount, rebate, commission or refund for the purpose of securing Allis advertisement for
publication in the said newspaper.
Sworn to and subscribed before me
this
A. D.
(SEAL)
day of
Clerk cH the Circuit Court, Indian River County; •Floflda
>r0 t it •i syr dhmx
that the Being of Com* Comtels-
melkilso Of littlish ty,
116iitti, wm fecdlVi'staltd Skillto
the hour of 9 o'clock !t„ act oe m.
dat Dt4kr is, tNL, atilt M Mfd
time will pub11siy. opdh'the 'N>�
at a meeting et said Board to ba
held, in tote Coanty Comethtioneta.
Rodin, Inidun BMW County Court.
house, Vete Heach, Florida, for the
sale, for cash or on .terms,. tq Indb
an AlWir ;via*, follow g t?IdrHlo, br the
$nf;
10 voting machines which shall
be so constructed as to fulfill
Ste 11111111trarnI5t. • * pttr .
1$a, Florida illtgtam et 1959
and ail Other applicable Ia*a.
In edditten. each veting ma:
chine Shall have a sinelotft finish
and be equipped with heavy
curtains.
If. further informetlgn is desired,
prospective bidders May contact tbb
Supervisor of Registration of Indian
River County, Florida, and, also,
are referred to Chapter 101,28, Flor-
ida Statutes of 1t58, Any bid sub-
mitted for the sale of the 'above
equipment on terms shall `specify
ales terns St detail. Ni eh bid shall
be enclosed in an envelope, securely
sealed, and marked ea the outside
••BID Felt 10 VO tNG MA-
C11xit L
This 28th day of November, 1981.
HOARD OF COUNTY COM-
MISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA
At i ROBERT W. GRAVES
Chairman
Nov. 80, Dec. 1, 1851.
Pursuant to the foregoing Notice inviting bids on 10 voting
machines, the following bid was received from the Shoup Voting Machine
Corporation;
Ten (10) Shoup Electrically Operated Voting Machines priced at
$1,950.00 each f. o. b. Canton, Ohio, Terms (a) Cash, 30 days after
delivery; or (b) Deferred payment plan $195.00 per machine, 30 days
after delivery $246.91 per machine each year for next 9 years.
This was the only hid received and upon Motion made by Commissioner
Macdonald, seconded by Commissioner McCullers and unanimously carried, the
bid was accepted on the deferred payment plan.
BOOK 7 PAGE549
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
STATE OF FLORIDA
COUNTY OF INDIAN RIVER:
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
\ T
copy of advertisement, being a
in the matter of
in the
lished in said newspaper in the issues of
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 atthe 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 decount, rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
Sworn to and subscribed before me
KI -1 Q �` 1L
Court, was pub -
this
A. D. ._ . 1. CI I.
( SEAL)
day of
ALIA/wkelyvies--
Clerk of the Circuit Coirt, Indian River County, Florida
One (1) open -front steel cabi-
net unit, 18 inches wide, 42
inches high. 28 inches deeg, gray
color, with 8 adjustable roller
shelves.
If further information is desired,
prospective bidders may contact the
Supervisor of Registration of Indian
River County, Florida. Any bids
•
submitted for the sale of the above
equipment shall be for the delivery
and installation of the equipment
in the office of the Supervisor of
Registration of Indian River Coun-
ty, Florida. Bids for the equipment
shall not be In the aggregate but
shall specify one bid price for each
of the two (2) items of equipment
mentioned above. This Board re-
serves thtright to accept one bid-
der's bid for one item of equip -
Pursuant to the
09 evQ—
JO
NOTICE
NOTICE IS NBROlBY GIV)CI!
that the bard of County Cemnsis-
sioners of Indian Meer pointy, Viet-
ida, will receive leaked bids to the
hour of 0 o'clock A. M. on Y siwy,
December 19, 1901, and at said time
will publicly open the same at a
meeting of said Board to be held
In the County Commissioners' Room,.
Indian River County Courthouse;
Vero Beach, Indian River County,
Florida, for the sale, for eash, to
Indian Oliver County, Florida, of the
following equipment:
One (1) electronically open
ated rotary card file which
shall be so constructed to fulfill
the following requirements:
(1) It shall have a capacity of
108 filing inches for 9 -inch wide
by 5 -Inch high card,, naw in use,
or a minimum a 23,760 cards;
(2) It Shall not exceed 23
inches in width, 411 niches in
height and 40 inches in depth;
(3) It shall be electrically
powered with heavy duty chain
drive and controlled by an elec-
tronic selector switch designed
to automatically bring the de-
sired records to the work area
via the shortest route in one and
one-half seconds;
(4) It shall be equipped with
16 removable card trays, each
of which shall be equipped with
an adjustable flex -block;
(5) It shall have a formica
covered work shelf 10 inches by
22 inches in dimension, located
30 inches above the floor and
designed to fold out of the way
when not in use;
(6) It shall be warranted for
a period of one (1) year includ-
ing parts, labor and travel ex-
pense;
(7) It shall be equipped with
automatic safety tube, designed
to instantly stop the file if
touched while file is in opera-
tion;
(8) It shall have sloping front
to provide adequate fnot and
knee space while the operator
sits facing the machine.
ment and another bidder's bid fort
another item of equipment. Each)
bid shall be enclosed in an enve-
lope, securely sealed, and marked
on the outside "BID FOR ROTARY
CARP FILR AND OPEN -FRONT
STEL CARINET."
This 08th day of November, 1961.
BOARD OF COUNTY CO1Vt-
MISS1ONIBRS OF INDIAN
RIVER CDUEWTY, FLORIDA
By: ROBERT W. GRAVES
Chairman
Rev. 90, Dec. 7, 1961.
foregoing notice inviting bids for Rotary. Card
file and Open Front Steel Cabinet, the following bids were received;
Bid for Rotary Card File from Diebold Incorporated in the sum of
$1,031.26. There being noother bid, it was moved by Commissioner
Waddell, seconded by Commissioner Hamilton and unanimously carried, that
this bid be accepted.
Bid from O'Haire's Office Equipment Company for 1 - Eight (8)
roller shelf cabinet, without door, 18" wide, 42" high, 2814" deep, for
the sum of $145.00 delivered.
Bid was received by Vero Office'Supply Company on -the same equip-
ment in the sum of $149.95.
•
-It was moved by Commissioner Waddell, seconded by
Commissioner Hamilton and unanimously carried, that the low bid of
$145.00 from O'Haire's Office Equipment Company be accepted.
John Gould, Attorney, reported to the Board that the
Roseland Road title search has been completed and is in the hands
of the State Road Department.
Upon M3tion by Commissioner Waddell, seconded by
Commissioner McCullers, and unanimously carried, the following
resolution was adopted;
RESOLUTI O N
BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida, that the Indian River Citrus
Bank, Vero Beach, Indian River County, Florida, is hereby
authorized and directed to stop payment on Indian River County
Warrant #9216, dated September 5, 1961, in the amount of $109.00
to Fort Pierce Chemical Company, P. 0. Box 745, Fort Pierce,
Florida.
BE IT FURTHER RESOLVED, the Board shall issue warrant
in replacement of same.
1300K 7 PACE551.
P,OOK P GE552
Report of Licenses issued by the Tax Collector signed
by Judge Mank and Troy E. Moody, Tax Collector, was filed with the
Board.
The Board agreed to hold the next Regular meeting on
January 9, 1962, instead of January 2, 1962.
Ed Schmucker, County Engineer, reported that part of Fells -
mere Road #512 was being resurfaced and 12th Street to Kings Highway
is being soil cemented.
He reported that Mr. Morozoff was disturbed about the
public using a private street in front of his home and at times using
a portion of his front lawn. The County Engineer was instructed to
seek right-of-way from adjoining property owners and if they could be
acquired, the county would consider building a street.
Gladys Vigliano requested a leave of absence without
compensation, for the month of January because of health reasons. Upon
Motion made by Commissioner McCullers, seconded by Commissioner Macdonald,
and unanimously carried, the request was granted.
Ed Schmucker, County Engineer, gave a brief report on the
meeting he and Mr. Waddell attending on Planning and Zoning in Tampa.
Homer Fletcher, Tax Assessor, appeared before the Board and
requested the Board to authorize adjustment on the following described
property;
Lot 4, less S 20 ft & Lot 5 Blk 6, Shadowlawn Sub.
Correct assessed value $160.00
Correct Tax to be estended $8.17
Lot 1 & N1 of Lot 2 Blk 133, Town of Fel.lsmere
Correct assessed value $750.00
Correct tax to be extended $34.00
Lot 40 Blk 1 Summerplace Unit 1
Correct assessed value $200.00
Correct tax to be extended $10.37
Upon Motion made by Commissioner Macdonald, seconded by
Commissioner McCullers and unanimously carried, the adjustments
were authorized.
The several bills and accounts against the County
having been audited, were examined and found correct, were approved
and warrants issued in settlement of same as follows; Capital
Outlay, Warrant #8; Fine and Forfeiture, darrant Nos. 17 and 18;
Road and Bridge, Warrant Nos. 136 to 159 both inclusive; General
Revenue, Warrant Nos. 176 to 216 both inclusive. Such bills and
accounts being on file in the office of the Clerk of the Circuit
Court, the warrants so issued from the respective funds being listed
in the Supplemental Minute Book as provided by the rules of the
State Auditor, reference to such record and the list so recorded
being made a part of these minutes.
There being no further business, on motion made seconded,
and carried, the Board then adjourned.
ooOK 7 PAGE553